Military and Overseas Voters – Ready for the General Election!

September 2014

Brad KingCo-Director, Indiana Election Division

2014 Election Administrators Conference

Revised Absentee Form for Military and Overseas Voters

Special Military/Overseas Forms

Military/overseas voter may designate themselves as military or overseas voter by using either:

FPCA (Standard Form 76) combined registration and absentee ballot application

ABS 15 is the special state absentee ballot application for military and overseas (special oath mandated by federal law)

Changed Language for Overseas Voter

• Box 1 of the FPCA allows a person to designate the type of military/overseas voter

• Federal FPCA was revised in 2013 ask voter to(Make one selection):– I am an activated National Guard member on State orders. – I am a U.S. citizen residing outside the United States, and I

intend to return. – I am a U.S. citizen residing outside the United States, and

my return is not certain. – I am a U.S. citizen and have never resided in the United

States. (This choice not applicable in Indiana).

ABS-15: Now uses federal form language

• Revision 7 of ABS-15 approved last month (R7/8-14) with the federal-style overseas language can be used now. Was sent with Order 2014-4 to county offices.

• Electronic version available.• Former version (R6/6-12) of ABS-15

“grandfathered” through end of 2014.

Importance of MOVE

What is MOVE?: Federal “Military and Overseas Voter Empowerment Act” to help military/overseas voters vote in US elections

Impact of MOVE: Absentee ballots must be printed no later than DAY 50 BEFORE ELECTION (Monday, September 15, 2014).

If application approved, absentee ballots must be transmitted NO LATER THAN DAY 45 BEFORE ELECTION (Saturday, September 20, 2014).

MOVE Information Sheet

May transmit blank VR applications and absentee ballot applications to military/overseas voters by mail, Email or Fax on request

If the request doesn’t include usable Email address or Fax #, then send by mail if mailing address is provided

MOVE Information Sheet regarding use of Email, Fax, and internet must be sent with blank VR and absentee ballot applications (See attached Sheet)

New in 2014: Digital images OK; scanning no longer required!

All Military/Overseas voters may submit absentee application by mail, Email (with digital copy of completed application attached), or fax

If voter sent by email, then clerk must send an email acknowledging receipt of the emailed application

If absentee ballot application is denied, clerk must send written notice of reason for denial within 48 hours (ABS-14 Form)

Absentee Voting by Email or FAX

Voting Absentee by Email or Fax

Special deadline: Voter requesting to vote by Email or fax may apply up to noon the day before the election

If application to vote by Email or fax approved, clerk faxes ballot (or emails scanned copy of ballot), cover sheet and affidavit (ABS-9), and “MOVE” Instruction Sheet to voter)

“Selfie” Absentee Voting by Email

Voter returns completed ballot and ABS-9 by fax (or by email with digital copy of completed ballot and ABS-9)

Clerk (or designee) seals returned ballot in special absentee ballot envelope (ABS-10) and marks: “Absentee Ballot Received by Fax or Email”

Absentee Voting by Email or FAXThe voter’s returned ABS-9 and voter’s absentee

ballot application (FPCA or ABS-15) attached to special absentee ballot envelope (ABS-10)

The absentee ballot processed like other absentee ballots in county whether central count or precinct-count

Email/Fax confirmation back to voter that ballot received by next business day following receipt.

Update SVRS so voter can check www.indianavoters.in.gov

Voting by Email or FAX

A ballot returned by Email or Fax may be “remade” by a “bipartisan remake team” Duplicate ballot made (marked duplicate) that

reflects vote on ballot so that it can be read by optical scanner (IC 3-12-3-5)

“Duplicate” ballot must bear a unique number also recorded on printout of original emailed or faxed ballot so they can be linked if necessary in a recount or contest

Absentee Ballot Mailing Envelopes

All ballots mailed “postage prepaid” with enclosed stamped envelope for return to CEB “by at least first class mail”County Election Board may use special postage free

envelopes for military/overseas voters for U.S. Mail

Template (and other information) to assist in preparing and printing these envelopes can be found at http://www.fvap.gov/vao/index.html under link named “Postage Paid Envelope”

“Continuing Absentee Applications”

If application granted, it is considered “continuing” request until December 31 following date of the application (IC 3-11-4-6(e))

So military/overseas application for May 2014 primary is good for November 2014 general election unless…

Continuing absentee request considered cancelled if absentee ballot is returned undeliverable

“Indefinitely” Overseas?

Overseas voter indicates on FPCA that “my return to U.S. is not certain”, or ABS-15 that “my return to U.S. is not certain”, or

that they reside outside U.S. “indefinitely” (but in either case, lived in Indiana as their last residence before leaving the U.S.)

This overseas voter considered a resident of precinct of county voter registration office; and

entitled to federal only ballot (only U.S. Representative in 2014)

What is a FWAB?

• Federal Write-in Ballot

Federal Write-in absentee ballot (FWAB) is “back-up” method for military/overseas voters to reduce risk of receiving and returning ballots too late to have vote count

Available from Voting Assistance Officers, U.S. Embassy, or U.S. Consulate

May be downloaded from www.fvap.gov

FWAB in General Elections

√ Voter writes name of a political party in “Candidate or Political Party affiliation” then the vote is counted for all candidates of that political party (a “straight ticket” vote)

√ Vote will be counted in spite of an abbreviation, misspelling, or other minor variation of candidate or party name if voter’s intent can be determined

The FWAB “Oops” Rule

• SCENARIO: Your office staff opens an envelope which does not indicate that an absentee ballot is inside. However, out comes a FWAB!

• This FWAB still counted if otherwise valid.• County election board immediately seals

FWAB in absentee ballot security envelope, and documents date ballot sealed in envelope. Each CEB member signs sealed envelope.

“Late” Absentee Mailed Ballots

Absentee ballot from overseas voter, whether civilian living temporarily or indefinitely overseas or in military stationed overseas (outside of the U.S.) may be counted if: Received by noon 10 days following the election

Postmarked by the date of the election (November 4, 2014)