115.291. Confidentiality of applications for absentee ballots, list available to authorized persons free--certain cities and counties, special provisions, violations, penalty--fax, transmission may be
Confidentiality of applications for absentee ballots, list availableto authorized persons free--certain cities and counties, specialprovisions, violations, penalty--fax, transmission may be used todeliver or return ballot, when.
115.291. 1. Upon receiving an absentee ballot, the voter shall markthe ballot in secret, place the ballot in the ballot envelope, seal theenvelope and fill out the statement on the ballot envelope. The affidavitof each person voting an absentee ballot shall be subscribed and sworn tobefore the election official receiving the ballot, a notary public or otherofficer authorized by law to administer oaths, unless the voter is votingabsentee due to incapacity or confinement due to the provisions of section115.284, illness or physical disability. If the voter is blind, unable toread or write the English language, or physically incapable of voting theballot, the voter may be assisted by a person of the voter's own choosing.Any person assisting a voter who is not entitled to such assistance, andany person who assists a voter and in any manner coerces or initiates arequest or a suggestion that the voter vote for or against or refrain fromvoting on any question, ticket or candidate, shall be guilty of a class oneelection offense. If, upon counting, challenge or election contest, it isascertained that any absentee ballot was voted with unlawful assistance,the ballot shall be rejected.
2. Each absentee ballot shall be returned to the election authorityin the ballot envelope and shall only be returned by the voter in person,or in person by a relative of the voter who is within the second degree ofconsanguinity or affinity, by mail or registered carrier or by a team ofdeputy election authorities; except that persons in federal service, whensent from a location determined by the secretary of state to beinaccessible on election day, shall be allowed to return their absenteeballots cast by use of facsimile transmission or under a program approvedby the Department of Defense for electronic transmission of electionmaterials.
3. In cases of an emergency declared by the President of the UnitedStates or the governor of this state where the conduct of an election maybe affected, the secretary of state may provide for the delivery and returnof absentee ballots by use of a facsimile transmission device or system.Any rule promulgated pursuant to this subsection shall apply to a class orclasses of voters as provided for by the secretary of state.
(L. 1977 H.B. 101 § 9.040, A.L. 1983 S.B. 234, A.L. 1993 H.B. 551 & 552 merged with S.B. 31, A.L. 1996 H.B. 1557 & 1489, A.L. 2002 S.B. 675)