Absentee Voters

YSC, Title 7. Elections

Chapter 7. Absentee Voters

§701. Absentee voter; absentee ballot; special polling place, defined.

§702. Voting by confined persons.

§703. Request for absentee ballot; contents.

§704. Marking and return of absentee ballot; voting at polls prohibited.

§705. Disposition of absentee ballots.

§706. Voting at another polling place within the election district.

§707. Voting at a special polling place outside the election district within the State.

§701. Absentee voter; absentee ballot; special polling place, defined.

(a) Any registered voter qualified to vote at any general or special election shall be entitled to vote by absentee ballot if:

(1) He is confined to his home or hospital by reason of such illness or physical disability as will prevent him from attending the polls; or

(2) He is prevented from voting by reason of being at sea or absent from the State.

(b) An absentee ballot is an official ballot which is authorized by this title to be voted outside of any designated polling place or prior to the date of the election or at a special polling place outside the State.

(c) A special polling place is a polling place in a location outside the election district designated by the Election Commissioner upon the recommendations of members of the election board.

(1) The Election Commissioner shall not designate such a special polling place unless there are at least 50 registered voters in that location who are outside their election district;

(2) Voting at any special polling place in a location outside the election district but within the State shall be pursuant to section 707 of this title;

(3) Voting at any special polling place in a location outside the State shall be by absentee ballot; and

(4) The Election Commissioner may appoint as election board members for an out-of-State special polling place persons who will be voting at such special polling place and who are otherwise qualified under section 301 to be members of the election board.

Source: YSL 2-81 §1, modified.

Cross-reference: The Legislature is authorized to provide for the method of voting at elections pursuant to Yap Const., Art. IV, Sect. 2. The statutory provisions on ballots is found in chapter 6 of this title.

§702. Voting by confined persons.

Any registered voter qualified to vote at any general or special election who is confined to his home or hospital by reason of such illness or physical disability as will prevent him from attending the polls, shall be entitled to vote in such manner as may be prescribed by the Election Commissioner and in such manner as to insure secrecy of ballot and to preclude tampering with the ballots of such voters and other election frauds, provided, that any voter who by reason of physical disability is unable to mark his ballots shall be authorized to receive assistance in the marking thereof. The Election Commissioner may require affidavits, certificates, and other written statements under oath from the confined persons.

Source: YSL 2-81 §1, modified.

§703. Request for absentee ballot; contents.

(a) Any registered voter qualified to vote in any election may request and cast an absentee ballot with the Election Commissioner if he meets the requirements as set forth in section 701.

(b) Any registered voter qualified to vote by absentee ballot may, not more than 120 days nor later than five days before the election, request the Election Commissioner in writing for an absentee ballot to be voted at the election. The request shall include information stating the voter's voting precinct, election district, reasons for being absent, address to which he wishes his ballot forwarded and the establishment of his right to a ballot.

Source: YSL 2-81 §1, modified.

Cross-reference: Section 701 of this chapter defines absentee voter and absentee ballot.

§704. Marking and return of absentee ballot; voting at polls prohibited.

(a) The Election Commissioner or the board of election, as the case may be, shall at least five days prior to an election, provide to any person who may be entitled to vote by absentee ballot, and who requests the same, an official ballot, a ballot envelope, an affidavit prescribed by the Election Commissioner, and a covering reply envelope. The absentee voter shall mark the ballot in the usual manner provided in this title and in such manner that no person can see or know how the ballot is marked except as provided in section 701. The absentee voter shall then deposit the ballot in the ballot envelope and securely seal the same. The absentee voter shall then complete and execute the affidavit. The ballot envelope and the affidavit shall then be enclosed and sealed in the covering reply envelope and shall be mailed or delivered to reach the Election Commissioner issuing the absentee ballot not later than the established closing hour of business on the day of the election; provided, however, that the absentee voter who is voting at a special polling place outside the State shall deposit his ballot in a ballot box at that polling place on the day of the election, which ballot box shall be delivered to the Election Commissioner by the election board members present at the special polling place.

(b) It shall be unlawful for any person having voted an absentee ballot to cast another ballot at the polls on election day.

Source: YSL 2-81 §1, modified.

Cross-reference: Section 701 of this chapter defines absentee voter and absentee ballot. Section 702 of this chapter is on voting by confined persons.

§705. Disposition of absentee ballots.

(a) Upon the receipt of the envelope marked "Absentee Ballot Enclosed" within the period prescribed in section 704, from any person voting under the provisions of this chapter, the Election Commissioner, or his appointee, shall open it, remove the ballot envelope, and examine the statement as to its proper execution, the person's qualification to register as an elector, and to vote. If the Election Commissioner determines that the person is qualified to vote by absentee ballot, the ballot envelope shall be deposited unopened in a container retained for the purpose. The container shall be surely sealed except for an opening sufficient to permit deposit of ballot envelopes and shall be marked with the name and official title of the Election Commissioner, or his appointee, and the words "This container holds absentee ballots and must be opened only pursuant to law." The Election Commissioner or his appointees shall safely keep each container in a safe place until the day of election and at such time he shall publicly open the container, extract and segregate the ballot envelopes and deliver such envelopes to the Counting and Tabulation Committee.

(b) In case the statement is found to be insufficient or in case the signatures do not correspond, or in case the voter has not complied with the requirements of section 704, or is not a duly qualified elector or the ballot envelope is open or has been opened and resealed, the ballot envelope shall not be opened and the Election Commissioner or his appointees shall mark across its face "Rejected", giving the reason therefor, and shall preserve the same in the manner provided by law.

(c) If the ballot is received after the time fixed in section 704, the ballot envelope shall be endorsed by the Election Commissioner or his appointees with the day and hour of receipt and it shall be safety kept unopened by the Election Commissioner or his appointees for the period of time required for the preservation of ballots used at such election, and shall then, without being opened, be destroyed in accordance with applicable law.

(d) If upon receiving the ballot envelope from the Election Commissioner, or his appointees, it is found that the voter has already voted, the election inspectors shall immediately cancel the ballot envelope and write "Rejected" across its face, giving the reason therefor and shall preserve the same in the manner provided by law.

Source: YSL 2-81 §1, modified.

Cross-reference: Section 704 of this chapter is on marking and return of absentee ballot and prohibition of voting at polls.

§706. Voting at another polling place within the election district.

(a) A voter shall have the right to vote on election day at a polling place in his election district other than the polling place for the voting precinct in which he is legally registered to vote if the following conditions are met:

(1) He is lawfully registered to vote in his representative or election district; and

(2) He notifies the Election Commissioner or his appointee in writing at least five days before the election that he will not be voting in his proper polling place and that he requests to vote at another specific polling place.

(b) Upon receipt of a voter's request for a change in polling place, and no later than three days from such receipt if request is made at least five days before the election, the Election Commissioner shall immediately assign and notify the voter by any means of communication, including the use of radio, as to the place where the voter may vote. Upon such notification, the voter shall be permitted to vote only at that polling place.

(c) The Election Commissioner shall cause a mark to be placed next to the name of the voter in that part of the general state register for the voting precinct or the polling place where the voter would normally cast his ballot. This mark shall indicate that the voter will be casting his ballot at another polling place and that he is prohibited from voting in that election at his usual polling place. The Election Commissioner shall provide the proper ballot at the newly designated polling place for each voter who complies with the provisions of this section.

Source: YSL 2-81 §1, modified.

§707. Voting at a special polling place outside the election district within the State.

(a) A voter shall have the right to vote on election day at a special polling place outside his election district but within the State if the following conditions are met:

(1) He is lawfully registered to vote in his election district;

(2) He notifies the Election Commissioner or his appointee in writing at least five days before the election that he will not be voting in his proper polling place and he requests to vote at a special polling place which has been designated by the Election Commissioner for his election district.

(b) Upon receipt of a voter's request for a change in polling place, and no later than three days from such receipt if request is made at least five days before the election, the Election Commissioner shall immediately assign and notify the voter by any means of communication, including the use of radio, as to the special polling place where the voter may vote. Upon such notification, the voter shall be permitted to vote only at that special polling place.

(c) The Election Commissioner shall cause a mark to be placed next to the name of the voter in that part of the general state register for the voting precinct or the polling place where the voter would normally cast his ballot. This mark shall indicate that the voter will be casting his ballot at another polling place and that he is prohibited from voting in that election at his usual polling place. The Election Commissioner shall provide the proper ballot at the newly designated special polling place for each voter who complies with the provisions of this section.

Source: YSL 2-81 §1, modified.

	YSC, Title 7. Elections
	Chapter 7. Absentee Voters §701. Absentee voter; absentee ballot; special polling place, defined. §702. Voting by confined persons. §703. Request for absentee ballot; contents. §704. Marking and return of absentee ballot; voting at polls prohibited. §705. Disposition of absentee ballots. §706. Voting at another polling place within the election district. §707. Voting at a special polling place outside the election district within the State. §701. Absentee voter; absentee ballot; special polling place, defined. (a) Any registered voter qualified to vote at any general or special election shall be entitled to vote by absentee ballot if: (1) He is confined to his home or hospital by reason of such illness or physical disability as will prevent him from attending the polls; or (2) He is prevented from voting by reason of being at sea or absent from the State. (b) An absentee ballot is an official ballot which is authorized by this title to be voted outside of any designated polling place or prior to the date of the election or at a special polling place outside the State. (c) A special polling place is a polling place in a location outside the election district designated by the Election Commissioner upon the recommendations of members of the election board. (1) The Election Commissioner shall not designate such a special polling place unless there are at least 50 registered voters in that location who are outside their election district; (2) Voting at any special polling place in a location outside the election district but within the State shall be pursuant to section 707 of this title; (3) Voting at any special polling place in a location outside the State shall be by absentee ballot; and (4) The Election Commissioner may appoint as election board members for an out-of-State special polling place persons who will be voting at such special polling place and who are otherwise qualified under section 301 to be members of the election board. Source: YSL 2-81 §1, modified. Cross-reference: The Legislature is authorized to provide for the method of voting at elections pursuant to Yap Const., Art. IV, Sect. 2. The statutory provisions on ballots is found in chapter 6 of this title. §702. Voting by confined persons. Any registered voter qualified to vote at any general or special election who is confined to his home or hospital by reason of such illness or physical disability as will prevent him from attending the polls, shall be entitled to vote in such manner as may be prescribed by the Election Commissioner and in such manner as to insure secrecy of ballot and to preclude tampering with the ballots of such voters and other election frauds, provided, that any voter who by reason of physical disability is unable to mark his ballots shall be authorized to receive assistance in the marking thereof. The Election Commissioner may require affidavits, certificates, and other written statements under oath from the confined persons. Source: YSL 2-81 §1, modified. §703. Request for absentee ballot; contents. (a) Any registered voter qualified to vote in any election may request and cast an absentee ballot with the Election Commissioner if he meets the requirements as set forth in section 701. (b) Any registered voter qualified to vote by absentee ballot may, not more than 120 days nor later than five days before the election, request the Election Commissioner in writing for an absentee ballot to be voted at the election. The request shall include information stating the voter's voting precinct, election district, reasons for being absent, address to which he wishes his ballot forwarded and the establishment of his right to a ballot. Source: YSL 2-81 §1, modified. Cross-reference: Section 701 of this chapter defines absentee voter and absentee ballot. §704. Marking and return of absentee ballot; voting at polls prohibited. (a) The Election Commissioner or the board of election, as the case may be, shall at least five days prior to an election, provide to any person who may be entitled to vote by absentee ballot, and who requests the same, an official ballot, a ballot envelope, an affidavit prescribed by the Election Commissioner, and a covering reply envelope. The absentee voter shall mark the ballot in the usual manner provided in this title and in such manner that no person can see or know how the ballot is marked except as provided in section 701. The absentee voter shall then deposit the ballot in the ballot envelope and securely seal the same. The absentee voter shall then complete and execute the affidavit. The ballot envelope and the affidavit shall then be enclosed and sealed in the covering reply envelope and shall be mailed or delivered to reach the Election Commissioner issuing the absentee ballot not later than the established closing hour of business on the day of the election; provided, however, that the absentee voter who is voting at a special polling place outside the State shall deposit his ballot in a ballot box at that polling place on the day of the election, which ballot box shall be delivered to the Election Commissioner by the election board members present at the special polling place. (b) It shall be unlawful for any person having voted an absentee ballot to cast another ballot at the polls on election day. Source: YSL 2-81 §1, modified. Cross-reference: Section 701 of this chapter defines absentee voter and absentee ballot. Section 702 of this chapter is on voting by confined persons. §705. Disposition of absentee ballots. (a) Upon the receipt of the envelope marked "Absentee Ballot Enclosed" within the period prescribed in section 704, from any person voting under the provisions of this chapter, the Election Commissioner, or his appointee, shall open it, remove the ballot envelope, and examine the statement as to its proper execution, the person's qualification to register as an elector, and to vote. If the Election Commissioner determines that the person is qualified to vote by absentee ballot, the ballot envelope shall be deposited unopened in a container retained for the purpose. The container shall be surely sealed except for an opening sufficient to permit deposit of ballot envelopes and shall be marked with the name and official title of the Election Commissioner, or his appointee, and the words "This container holds absentee ballots and must be opened only pursuant to law." The Election Commissioner or his appointees shall safely keep each container in a safe place until the day of election and at such time he shall publicly open the container, extract and segregate the ballot envelopes and deliver such envelopes to the Counting and Tabulation Committee. (b) In case the statement is found to be insufficient or in case the signatures do not correspond, or in case the voter has not complied with the requirements of section 704, or is not a duly qualified elector or the ballot envelope is open or has been opened and resealed, the ballot envelope shall not be opened and the Election Commissioner or his appointees shall mark across its face "Rejected", giving the reason therefor, and shall preserve the same in the manner provided by law. (c) If the ballot is received after the time fixed in section 704, the ballot envelope shall be endorsed by the Election Commissioner or his appointees with the day and hour of receipt and it shall be safety kept unopened by the Election Commissioner or his appointees for the period of time required for the preservation of ballots used at such election, and shall then, without being opened, be destroyed in accordance with applicable law. (d) If upon receiving the ballot envelope from the Election Commissioner, or his appointees, it is found that the voter has already voted, the election inspectors shall immediately cancel the ballot envelope and write "Rejected" across its face, giving the reason therefor and shall preserve the same in the manner provided by law. Source: YSL 2-81 §1, modified. Cross-reference: Section 704 of this chapter is on marking and return of absentee ballot and prohibition of voting at polls. §706. Voting at another polling place within the election district. (a) A voter shall have the right to vote on election day at a polling place in his election district other than the polling place for the voting precinct in which he is legally registered to vote if the following conditions are met: (1) He is lawfully registered to vote in his representative or election district; and (2) He notifies the Election Commissioner or his appointee in writing at least five days before the election that he will not be voting in his proper polling place and that he requests to vote at another specific polling place. (b) Upon receipt of a voter's request for a change in polling place, and no later than three days from such receipt if request is made at least five days before the election, the Election Commissioner shall immediately assign and notify the voter by any means of communication, including the use of radio, as to the place where the voter may vote. Upon such notification, the voter shall be permitted to vote only at that polling place. (c) The Election Commissioner shall cause a mark to be placed next to the name of the voter in that part of the general state register for the voting precinct or the polling place where the voter would normally cast his ballot. This mark shall indicate that the voter will be casting his ballot at another polling place and that he is prohibited from voting in that election at his usual polling place. The Election Commissioner shall provide the proper ballot at the newly designated polling place for each voter who complies with the provisions of this section. Source: YSL 2-81 §1, modified. §707. Voting at a special polling place outside the election district within the State. (a) A voter shall have the right to vote on election day at a special polling place outside his election district but within the State if the following conditions are met: (1) He is lawfully registered to vote in his election district; (2) He notifies the Election Commissioner or his appointee in writing at least five days before the election that he will not be voting in his proper polling place and he requests to vote at a special polling place which has been designated by the Election Commissioner for his election district. (b) Upon receipt of a voter's request for a change in polling place, and no later than three days from such receipt if request is made at least five days before the election, the Election Commissioner shall immediately assign and notify the voter by any means of communication, including the use of radio, as to the special polling place where the voter may vote. Upon such notification, the voter shall be permitted to vote only at that special polling place. (c) The Election Commissioner shall cause a mark to be placed next to the name of the voter in that part of the general state register for the voting precinct or the polling place where the voter would normally cast his ballot. This mark shall indicate that the voter will be casting his ballot at another polling place and that he is prohibited from voting in that election at his usual polling place. The Election Commissioner shall provide the proper ballot at the newly designated special polling place for each voter who complies with the provisions of this section. Source: YSL 2-81 §1, modified.