Ohio Legislative Service Commission
HOUSE MEMBERS SENATE MEMBERS
William G. Batchelder, Chairman Thomas E. Niehaus, Vice-Chairman Mark Flanders Director
Ron Amstutz Louis W. Blessing, Jr. Armond Budish Jay P. Goyal Cheryl L. Grossman Matt Huffman Keith Faber Shannon Jones Eric Kearney Gayle L. Manning Thomas F. Patton Tom Sawyer
Vern Riffe Center 77 South High Street, Ninth Floor Columbus, Ohio 43215-6136 Telephone (614) 466-3615 www.lsc.state.oh.us
Memorandum
R-129-4448-1
To:
Sarah Cherry, Legal Counsel Minority Caucus Ohio House of Representatives
From:
Emily E. Wendel, Staff Attorney
Date:
August 1, 2012
Subject:
Early voting deadlines
You asked whether any states have different deadlines for in-person early or absent voting for voters covered by the federal Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and for voters not covered by UOCAVA. The National Conference of State Legislatures reports that 32 states, plus the District of Columbia, permit in-person early or absent voting.
1
For each of those states and the District of Columbia, except for Ohio, I examined the relevant statutes and called the office of the chief elections official. It appears that under certain circumstances, Indiana and North Carolina each enforce a different in-person early or absent voting deadline for UOCAVA and non-UOCAVA voters. I confirmed with the offices of the chief elections officials of the District of Columbia and the following states that the same in-person early or absent voting deadline is enforced for UOCAVA and non-UOCAVA voters: Alaska, Arizona, Arkansas, Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Iowa, Kansas, Louisiana, Maine, Maryland, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, South Dakota, Tennessee, Texas, Vermont, West Virginia, Wisconsin, and Wyoming. Representatives of the Indiana Secretary of State and the North Carolina State Board of Elections informed me that under certain circumstances, a UOCAVA voter would be permitted to vote in-person absentee in those states after the deadline for non-UOCAVA voters to do so.
1
The National Conference of State Legislatures, "Absentee and Early Voting," available at ncsl.org/legislatures-elections/elections/absentee-and-early-voting.aspx, accessed July 23, 2012.
Ms. Cherry, Legal Counsel, Minority Caucus August 1, 2012 Page 2
In Indiana, the general deadline to vote in-person absentee at the office of the county clerk is noon on the day before Election Day. But an exception exists for an absent uniformed services voter who is absent from Indiana during the standard voter registration period prior to an election and who can show discharge documents or a government movement order as proof of this fact. Upon returning to Indiana following discharge from service or reassignment, the voter may register to vote and cast an absentee ballot in person at the office of the county clerk until noon on Election Day.
2
In North Carolina, the general deadline to vote in-person absentee at the office of the county board of elections is the last Saturday before Election Day. However, a uniformed services voter who was absent on the last day to register before an election because of uniformed service may register and vote at the county board of elections or at the voting place at any time that one of those locations is open, including on Election Day.
3
A representative of the North Carolina Board of Elections told me that although the relevant statute states that a qualifying uniformed services voter may register and vote on Election Day at the voting place, if such a voter appeared at the office of the county board of elections on Election Day, the State Board of Elections would instruct the county board to allow the voter to register and to vote using a federal write-in ballot. Please note also that in many states, local governments choose how to administer in-person early or absent voting in local elections. It is possible that a local government has instituted a policy that treats UOCAVA and non-UOCAVA voters differently. I hope this information has been helpful. If you have any questions about the matters discussed, please call me at (614) 387-1124.
R4448-1-129.docx/th
2
Ind. Code Ann. Sec. 3-7-13-10, 3-7-36-11, 3-7-36-14, and 3-11-10-26.
3
N.C. Gen. Stat. Sec. 163-227.2 and 163-258.28.