Absentee or Early Voting in an Emergency

In most states, you must apply for an absentee (mail in) ballot in advance of the deadline, usually seven days before Election Day, but sometimes more. What happens if you suddenly become ill after the absentee ballot application deadline has passed? Or if you get suddenly called out of town on a business trip and cannot return until after Election Day?

In many states, you can request an “emergency absentee ballot” or ask to vote early at the county elections office. However, the laws in each state are different. For example, in Kentucky, you and your spouse can get an absentee ballot if you suffer a medical emergency between October 21 and November 3, but otherwise you have to demonstrate that you are absent from the county on all other days in which “absentee voting at the county clerk's office” is taking place.

 

In contrast, in Nevada if you are “suddenly called away” or “confined” after October 28, you can get an absentee ballot. Similarly, in California, you can obtain an emergency vote by mail (absentee) ballot if, after October 28, there are “conditions resulting in [the voter's] absence from the precinct on election day” and you can designate anyone in the world to pick it up and deliver it (unlike regular California vote-by-mail ballots, where the designated representative must be a relative or household co-resident).

Elections officials often do not publicly advertise the availability of this procedure. If you do not find it listed on the county elections office website, check the state election official's website and look for the absentee voting statute. See if your state has a statute or rule similar to California Elections Code Section 3021:

3021. After the close of the period for requesting vote by mail voter ballots by mail any voter unable to go to the polls because of illness or disability resulting in his or her confinement in a hospital, sanatorium, nursing home, or place of residence, or any voter unable because of a physical handicap to go to his or her polling place or because of that handicap is unable to vote at his or her polling place due to existing architectural barriers at his or her polling place denying him or her physical access to the polling place, voting booth, or voting apparatus or machinery, or any voter unable to go to his or her polling place because of conditions resulting in his or her absence from the precinct on election day may request in a written statement, signed under penalty of perjury that a ballot be delivered to him or her. This written statement shall not be required if the vote by mail ballot is voted in the office of the elections official as defined by subdivision (b) of Section 3018, at the time of the request. This ballot shall be delivered by the elections official to any authorized representative of the voter who presents this written statement to the elections official. Before delivering the ballot the elections official may compare the signature on the request with the signature on the voter's affidavit of registration, but in any event, the signature shall be compared before the vote by mail ballot is canvassed. The voter shall mark the ballot, place it in the identification envelope, fill out and sign the envelope and return the ballot, personally or through the authorized representative, to either the elections official or any polling place within the jurisdiction. These ballots shall be processed and counted in the same manner as other vote by mail ballots.

Another option: if you are in a state that permits “early voting” at the county elections office or at a satellite facility, “early voting” is another solution. ElectionPreparedness.com provides information about Early Voting as well as Early Voting deadlines.

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