AB 494

Current law allows a voter who is indefinitely confined because of age, physical

illness, infirmity, or disability to have, by signing a statement to that effect, an

absentee ballot automatically sent to the voter for every election. The voter is not

required to submit a copy of his or her voter identification with the request to

automatically receive absentee ballots. Current law requires the voter to notify the

municipal clerk when the voter is no longer indefinitely confined. Also, under

current law, if a voter fails to vote an absentee ballot the voter receives as a result

of his or her indefinitely confined status, the voter must renew his or her application

for indefinitely confined status within 30 days or be removed from the indefinitely

confined status list. Finally, the municipal clerk must remove a voter from the

indefinitely confined status list upon the voter's request or upon receipt of reliable

information that the voter no longer qualifies as indefinitely confined.

This bill does all of the following:

1. Provides that indefinitely confined status may be claimed by a voter who is

indefinitely confined and cannot travel independently without significant burden

because of frailty, physical illness, or a disability that is expected to last longer than

one year.

2. Provides that a voter seeking indefinitely confined status must apply for that

status on an application prescribed by the Elections Commission. Under the bill, the

application form prescribed by the commission must be separate and distinct from

any other absentee ballot application prescribed by the commission.

3. Subject to certain exceptions provided in the bill, requires that an applicant

for indefinitely confined status submit proof of identification with his or her

application and requires that the municipal clerk affirm in writing on the application

form prescribed by the commission that the applicant provided proof of identification

with his or her application or provided certain information and documentation

required under the bill if the applicant did not provide proof of identification.

4. Specifies that the existence of an outbreak or epidemic of a communicable

disease in a voter's community does not qualify the voter as indefinitely confined.

5. Specifies that the penalty for making a false statement for the purpose of

qualifying as indefinitely confined is a fine of not more than $1,000 or imprisonment

of not more than six months, or both.

6. Provides that a voter who fails to vote a ballot the voter requests as a result

of his or her indefinitely confined status may be removed from the indefinitely

confined status list only if he or she fails to vote the ballot at the spring or general

election.

7. Requires that the municipal clerk remove a voter from the indefinitely

confined status list if the voter casts an absentee ballot in person at the municipal

clerk's office or votes at the polls in any election.

8. Requires the Elections Commission to facilitate the removal of the