34-1002A. EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION. (1) A registered elector who has not previously requested an absentee ballot for the same election and who is physically unable to vote in person at the elector’s designated polling place on the day of the election because of an emergency situation requiring hospitalization of the elector may request an emergency situation absentee ballot by filing an emergency situation absentee ballot application with the county clerk. The secretary of state shall prescribe the form for the emergency situation absentee ballot application.
(a) The emergency application may be submitted to the county clerk up to five (5) days prior to the election but shall be received by the county clerk no later than 5:00 p.m. on the Monday before the election, in order to allow for the coordination of ballot delivery to the requesting elector at the hospital.
(b) The emergency application shall be signed personally by the applicant.
(c) The situation rendering the requesting elector physically unable to vote in person at the polling place must have occurred after 5:00 p.m. on the eleventh day prior to the election, and the applicant must attest to that fact with the applicant’s signature.
(2) Regardless of the time of the request, an absentee ballot delivered under this section must be returned to the county clerk’s office from which it was received in order to be counted, in accordance with section 34-1005, Idaho Code.
(3) The county clerk shall deem the location of an individual to be an absent elector’s polling place, as provided in section 34-1006, Idaho Code, solely for the purposes of registering the applicant under section 34-408A, Idaho Code, and shall provide the applicant with an emergency situation absentee ballot in the event that the individual who wishes to apply for an emergency situation absentee ballot under this section:
(a) Was not a registered elector at the time the register closed but became eligible for registration following the closing of the register;
(b) Was rendered physically unable to register in person on election day by the emergency situation; and
(c) Was otherwise qualified to request an emergency situation absentee ballot under this section.
History:
[34-1002A, added 2020, ch. 286, sec. 2, p. 831.]
Structure Idaho Code
Section 34-1001 - VOTING BY ABSENTEE BALLOT AUTHORIZED.
Section 34-1002 - APPLICATION FOR ABSENTEE BALLOT.
Section 34-1002A - EMERGENCY SITUATION ABSENTEE BALLOT — APPLICATION.
Section 34-1003 - ISSUANCE OF ABSENTEE BALLOT.
Section 34-1004 - MARKING AND FOLDING OF ABSENTEE BALLOT — AFFIDAVIT.
Section 34-1005 - RETURN OF ABSENTEE BALLOT.
Section 34-1006 - COUNTY CLERKS SHALL PROVIDE ONE OR MORE “ABSENT ELECTORS’ VOTING PLACE.”
Section 34-1007 - COUNTING ABSENTEE BALLOTS.
Section 34-1008 - DEPOSIT OF ABSENTEE BALLOTS.
Section 34-1009 - CHALLENGING ABSENTEE ELECTOR’S VOTE.
Section 34-1010 - REJECTION OF DEFECTIVE BALLOTS.
Section 34-1011 - COUNTY CLERK’S RECORD OF APPLICATIONS FOR ABSENT ELECTOR’S BALLOTS.
Section 34-1012 - ALTERNATIVE PROCEDURES FOR ABSENTEE VOTING — EARLY VOTING.