[Adopted 2-13-2018 by Ord. No. 2018-01[1]]
[1]
Editor's Note: This ordinance also repealed former Art. II, Absentee Voting, adopted 8-10-1999 (Section 207 of the 1999 Code of Ordinances), as amended.
Any qualified voter, as defined in the Town Charter, may vote in any primary, general or special election by absentee ballot except to the extent preempted under an applicable federal law. No person voting by absentee ballot shall vote or be allowed to vote in person at any polling place in the same election.
A qualified voter desiring to vote at any election as an absentee voter shall make application, in writing, to the Town Clerk for an absentee ballot, which application must be received not later than five days before the election. The application shall contain an affidavit signed by the applicant which shall set forth the following information under penalties of perjury:
A. 
The voter's name and residence address ("residence" means place of fixed present domicile);
B. 
The applicant's age and length of residency within the corporate limits of the Town of Myersville;
C. 
A statement that the person is registered to vote in Town elections.
A. 
Printed forms for applications for absentee ballots shall be provided by the Town Clerk and shall be available to any qualified voter upon request.
B. 
Form contents. The application for an absentee shall be in the following form:
Town Clerk
Town of Myersville
I, __________, (print name) hereby apply for a Town of Myersville Absentee Ballot for the election to be held on __________ (date of election).
My residence address is __________.
I am over the age of 18 years, and I have resided within the corporate limits of the Town of Myersville for __________ (length of residency).
I am currently registered to vote in the Town of Myersville.
I desire that the ballot be sent to me at the following address:
__________
I DECLARE, UNDER THE PENALTIES OF PERJURY, THAT THE STATEMENTS MADE IN THIS APPLICATION ARE TRUE AND CORRECT.
(Signature of applicant)
Date
WARNING: Anyone who knowingly makes a false statement in this application or violates any provision of the Absentee Voting provisions of Chapter 12, Article II of the Myersville Municipal Code is subject, upon conviction, to a fine of $1,000, imprisonment for not more than two years, or both.
A. 
Promptly after receipt of an application, the Town Clerk shall review the application and determine whether the applicant qualifies to vote by absentee ballot.
B. 
If the applicant qualifies to vote by absentee ballot, the Town Clerk shall provide the absentee ballot and the appropriate envelopes to the voter by either personal delivery at the office of the Town Clerk or by mailing the ballot and envelope to the voter at the address stated on the application.
C. 
If a ballot is to be mailed, the determination required in Subsection A of this section shall be made in sufficient time to allow for mailing and return of the ballot, including at least one day for marking the ballot and completing the affidavit. All such investigation by the Town Clerk shall be completed and any determination made as to all absentee ballot applications not later than three days before the day of the election.
D. 
If the Town Clerk determines that the applicant is not entitled to vote by absentee ballot, the Town Clerk shall notify the applicant as soon as practicable after receipt of the application of the reasons for the rejection. The applicant may appeal the rejection to the Town Manager who shall decide the appeal as expeditiously as practicable.
E. 
The Town Clerk shall keep a record of applications for absentee voter ballots as they are received, showing the date and time received, the names and residences of the applicants, the place to which each ballot is to be mailed, whether such application is approved or rejected, and whether a ballot has been mailed and the date of mailing.
F. 
Not more than one absentee ballot may be issued to a voter unless the Town Clerk has reasonable grounds to believe an absentee ballot previously issued has been lost, destroyed or spoiled.
A. 
A qualified applicant may designate a duly authorized agent to pick up and deliver an absentee ballot under this section.
B. 
An agent of the voter under this section:
(1) 
Must be at least 18 years old;
(2) 
May not be a candidate on that ballot;
(3) 
Shall be designated in a writing signed by the voter under penalty of perjury; and
(4) 
Shall execute, under penalty of perjury, an affidavit provided by the Town Clerk that the ballot was:
(a) 
Delivered to the voter who submitted the application;
(b) 
Marked and placed in an envelope by the voter or with assistance in the agent's presence; and
(c) 
Returned to the Town Clerk by the agent.
A. 
In sufficient time prior to any election, the Town Clerk shall have printed an adequate number of absentee ballots, the three kinds of envelopes described in this section and the instructions to absentee voters as set forth in § 12-12.
B. 
Form of ballots. In addition to other instructions as may be contained in the ballot, the ballots shall contain the words "Absentee Ballot" printed in large letters at the top. The following, or language which is substantially similar, shall be printed under the words "Absentee Ballot": "Mark ballot by placing 'X' in proper blank after each candidate of your choice or after each question. Do not erase or make any identifying mark." The names of the candidates or the questions being voted upon, or both, shall be listed thereunder. An appropriate box, block or other space shall be provided next to each candidate or question for marking to designate the vote cast by the voter.
C. 
Envelopes. There shall be three envelopes as hereinafter described to accompany each absentee ballot.
(1) 
Return envelope. The Return Envelope shall be for the purpose of enclosing the completed absentee ballot and other envelopes to be returned to the Town Clerk by mail. It shall be of sufficient size to enclose the absentee ballot and other envelopes. The Return Envelope shall have the mailing address for the Town of Myersville, to the attention of the Town Clerk, printed or written on its face as well as the following: "Absentee Ballot for the election of __________ (date)."
(2) 
Covering envelope. The Covering Envelope shall be for the purpose of enclosing the Ballot Envelope with the completed absentee ballot and providing an oath attesting to the voter's continuing status as a qualified voter in the Town of Myersville. It shall be of sufficient size to contain the Ballot Envelope with the completed absentee ballot. The following oath shall be printed on the face of the Covering Envelope:
OATH
I, ___________________________ (legibly printed name) do hereby swear or affirm that I am a voter legally qualified to vote in the Myersville municipal election to be held on _____________ (date of election), that I am legally registered to vote in the Town of Myersville as stated on my application for an absentee ballot, that I have not voted and will not vote elsewhere in this municipal election, and that I am not disqualified from voting under the laws or ordinances of the Town of Myersville.
Absentee Voter's signature
WARNING: The Myersville Absentee Voting Ordinance provides penalty for conviction of false application or oath.
(3) 
Ballot envelope. The Ballot Envelope shall be for the purpose of enclosing the completed Absentee Ballot. It shall have the words "Absentee Ballot" with the date of the election in boldface type printed on its face, and it shall be of sufficient size to contain the absentee ballot. It shall contain no other identifying words or markings to indicate the identity of the absentee voter.
D. 
The absentee ballot material provided to an absentee voter shall include a blank form to be completed in the event that the voter requires assistance in completing the ballot pursuant to § 12-13. The form shall include spaces to insert the name, mailing address and telephone number of the person rendering assistance to the voter and shall include the certification required by § 12-13.
E. 
An absentee voter should mail the completed absentee ballot in sufficient time to be received by the Town Clerk on or before the date of the election being voted by absentee ballot. Any ballot received after the closing of the polls on the day of the election shall be excluded from the canvassing process and will not be counted.
The absentee ballot and envelopes shall be accompanied by printed instructions prepared by the Town Clerk for absentee ballot voting. Such instructions shall include instructions not to make any erasures on the printed ballot, to mark the ballot with either pen or pencil, to note the voter's selection by marking an "X" or other appropriate notation next to the candidate or question of choice, to vote for no more candidates than the number specified on the ballot, and to not make any mark or notation on the ballot which would identify the absentee voter. The instructions shall also inform the absentee voter to enclose the completed ballot in the Ballot Envelope and seal it, to complete and sign the oath on the Covering Envelope, to insert the sealed Ballot Envelope into the Covering Envelope and seal it, and to place the Covering Envelope with the Ballot Envelope inside into the Return Envelope which should then be sealed and mailed. The instructions shall also state that anyone who knowingly makes a false statement under oath on the Covering Envelope or who violates any provision of the absentee voting provisions of Article II of the Myersville Municipal Code is subject, upon conviction, to a fine of $1,000, imprisonment for not more than two years, or both.
A. 
A voter who requires assistance in casting an absentee ballot by reason of disability, inability to write, or inability to read the ballot may be assisted by any individual other than:
(1) 
A candidate who is on that ballot;
(2) 
The voter's employer or an agent of the employer; or
(3) 
An officer or agent of the voter's union.
B. 
An individual rendering assistance under this section shall sign, under oath, the following certification which shall be included in the form provided pursuant to § 12-11D:
OATH
I hereby certify under the penalties of perjury that the absentee voter voting this absentee ballot required assistance by reason of disability, inability to write, or inability to read the ballot and has authorized me to mark the ballot in his/her behalf. I also certify that I am not a candidate who is on that ballot, am not the voter's employer or an agent of the employer, am not an officer or agent of the voter's union, and that I assisted the voter in casting his/her vote only and did not attempt to influence the voter to vote for or against any candidate or question appearing on the ballot.
Signature of Assistant
A. 
Return Envelopes received by the Town from an absentee voter pursuant to § 12-11 shall not be opened by anyone until after the closing of the polls on the day of the election and after the completion of canvassing and tabulation of all votes other than absentee ballots.
B. 
After the polls have closed and all ballots cast at the polls have been canvassed and tabulated, the Town Clerk, together with the election supervisors, if any, shall meet in the offices of the Town and shall proceed to open the Return Envelopes. The Covering Envelopes contained in each Return Envelope shall be reviewed to determine whether the name of the voter has been inserted in the oath on that envelope and whether the oath has been signed by the voter. If a Covering Envelope does not state the name of the voter or is not signed by the voter, or if there is no Covering Envelope, then the absentee ballot, if any, shall not be counted.
C. 
Once it has been determined that the Covering Envelope includes the name of the absentee voter and the oath has been signed by the absentee voter, then the Covering Envelope shall be opened and the unopened Ballot Envelope inside shall be placed with all other unopened Ballot Envelopes in a separate ballot box or other container for absentee ballots only. Prior to opening the Ballot Envelopes, the Ballot Envelopes shall be mixed in a manner that will preclude revealing the identity of a particular absentee voter. After all Covering Envelopes have been opened and all acceptable unopened Ballot Envelopes have been placed and mixed in the separate ballot box or container, the Town Clerk, together with the election supervisors, if any, shall proceed to open the Ballot Envelopes and count, certify and canvass the absentee ballots contained in the Ballot Envelopes. The results of the absentee balloting shall be maintained separate from ballots cast at the polls.
D. 
Any absentee ballot which shows a vote for a deceased candidate shall not be counted for such candidate; however, the remainder of the ballot shall be valid. Any ballot cast by a voter who has died prior to the day of the election shall not be counted. If a Ballot Envelope contains more than one ballot, all of those ballots shall be rejected and not counted.
E. 
The name of any voter as shown on the Covering Envelope shall be recorded on the appropriate voting register with the initials "A.B." after it to indicate their vote was by absentee ballot. All absentee voter applications, affidavits, certifications, Covering and Ballot Envelopes and ballots shall be kept separate and apart from ballots cast at the regular polling place and shall be retained for six months after the election, or as may be ordered by a court for a longer period.
Anyone who willingly signs any application, certification or oath under the provisions of this Chapter 12, Article II, knowing same to be false, or who willingly violates the provisions of this Chapter 12, Article II, shall, upon conviction, be subject to a fine of $1,000 or to imprisonment for not more than two years, or both.