SB 597

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 proof of 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. In addition, 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.

Current law also allows a voter to file a written application with the municipal clerk of the municipality where the voter resides to request that the clerk automatically send to the voter an absentee ballot for every election that is held within the same calendar year in which the voter files his or her application. Current law requires the voter to provide proof of identification with his or her application. The clerk may not send an absentee ballot to a voter if the voter’s status changes from eligible to ineligible or if the clerk receives reliable information that the voter no longer qualifies as an eligible voter in the municipality. Under current law, the voter must notify the municipal clerk if the voter no longer resides at the same address that is indicated on the voter’s application.

This bill eliminates the process for voting as an indefinitely confined voter beginning on January 1, 2029. However, the bill allows a voter to file a written application with the municipal clerk of the municipality where the voter resides to request that the clerk automatically send to the voter an absentee ballot for every election that is held in the municipality. The bill requires the voter to provide proof of identification in order to automatically receive absentee ballots for every election. The bill also requires that the voter notify the municipal clerk if the voter no longer resides at the same address that is indicated on the voter’s application or if the voter no longer wishes to automatically receive absentee ballots for every election.

The bill requires municipal clerks to notify all voters who are automatically receiving absentee ballots as indefinitely confined voters that they will not be able to receive ballots pursuant to that beginning on January 1, 2029, but may automatically receive absentee ballots as provided under the bill if they submit valid proof of identification to the municipal clerk before that date.

Under the bill, the municipal clerk must retain in the statewide voter registration system an electronic copy of the proof of identification received from a voter until the voter is no longer receiving absentee ballots as provided under the bill or until the proof of identification has expired. If the voter’s proof of identification has expired, the municipal clerk must notify the voter that the voter needs to submit a valid proof of identification in order to continue automatically receiving absentee ballots. The bill defines the “statewide voter registration system” as the election administration software application provided by the Elections Commission to enable local election officials to register voters, track absentee voting, and administer elections.

Finally, the bill allows an authorized disability advocate to assist a voter with a disability in transmitting of copy of the voter’s proof of identification to the municipal clerk for purposes of filing a request to automatically receive absentee ballots. The bill defines an “authorized disability advocate” as an employee of a nonprofit disability rights organization or a licensed caregiver. Under the bill, an authorized disability advocate who knowingly transmits to a municipal clerk a fraudulent proof of identification is guilty of a Class I felony.