2020 AUDITOR’S CONFERENCE
In this conference, various topics related to absentee voting, including UOCAVA categories, issuing ballots, certification, and COVID-19 concerns, are discussed. Recent legal decisions impacting absentee ballot deadlines are also highlighted.
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Presentation Transcript
OFFICE OF THE MINNESOTA SECRETARY OF STATE 2020 AUDITOR S CONFERENCE ABSENTEE VOTING PART 2 UOCAVA & FWAB
Agenda Issuing Ballots Ballot Board FWAB In Depth Statistics Certification What s New UOCAVA Categories How to Apply Receiving Apps
Whats New COVID-19 Related Concerns: Some Countries are restricting mail service (some in, some out, some both ways) o Check specific countries for restriction details UOCAVA AB Ballot Board meeting to accept and reject ballots Consult with County Attorney for strategy to address unique concerns caused by the COVID-19 situation
Whats New Recent Minnesota District Court Decision, June 2020: LaRose et al v. Simon, June 17, 2020, 62-CV-20-3149 Consent Decree, approved by the court. For the August Primary, election officials shall not enforce the Election Day Receipt Deadline for mail-in ballots, as set out in Minn. Stat. 203B.08 subd. 3, 204B.45, and 204B.46 and Minn. R. 8210.2200 subp. 1, and 8210.3000, that ballots be received by 8:00 p.m. on Election Day if delivered by mail. Local election officials must count all absentee and mail ballots in the August Primary that are otherwise validly cast and postmarked on or before Election Day but received by close of business at least one day prior to the beginning of the county canvass. 204C.32, subd.1 requires that the county canvass the August Primary on the second or third day following the Primary. Thus ballots may be validly received up to 2 days after the date of the August Primary. See the detailed guidance from the Office of the Secretary of State issued pursuant to the consent decree.
UOCAVA Categories Administration Comparison with Regular AB UOCAVA AB voting must be administered by the County Auditor (M.S. 203B.17) o The UOCAVA AB Board must be appointed by County Regular Absentee Voting o The County Auditor may administer o The County Auditor may designate the full-time clerk of a city or town o The full time clerk may give notice to the county auditor of intention to administer
UOCAVA Categories Uniformed and Overseas Citizen Absentee Voting Act 52 U.S. Code Chapter 203 Applies to 3 categories of voters: Uniformed Services or Spouse or Dependent Temporarily Outside of U.S. Indefinitely Outside of U.S.
UOCAVA Categories - MIL Uniformed Services or Spouse or Dependent Military Services Can be stationed in other state Includes MN Nat l Guard called up by Governor Register applicant to vote Votes full precinct ballot
UOCAVA Categories - TEMP Citizen Temporarily Outside U.S. I intend to return Register applicant to vote Votes full precinct ballot
UOCAVA Categories - PERM Citizen Indefinitely Outside U.S. My return is not certain I do not intend to return Resident in MN 20 days before departure Never resided in U.S., a parent maintained residence in MN 20 days before departure Do not register applicant to vote Just enter as UOCAVA Record Votes the special federal ballot
Do they qualify? Voter #1 U.S. Citizen Minnesota Resident The spouse of a member of the military Stationed in a state other than Minnesota
Do they qualify? Yes. Voter #1 Qualifies as a UOCAVA voter and should receive a full ballot with all offices listed.
Do they qualify? Voter #2 U.S. Citizen Minnesota Resident College Student Studying in France and plans to return home in 4 months
Do they qualify? Yes. Voter #2 Qualifies as a UOCAVA voter and should receive a full ballot with all offices listed.
Do they qualify? Voter #3 U.S. Citizen Minnesota Resident Attending College in Virginia
Do they qualify? No. Voter #3 does not Qualify as a UOCAVA Voter and must use the regular absentee voting method.
Do they qualify? Voter #4 A U.S. Citizen Lives in Canada Indefinitely Minnesota was the last state that Voter #4 lived in before moving to Canada
Do they qualify? Yes. Voter #4 Qualifies as a UOCAVA Voter but should only receive the Federal Only Ballot listing the Federal Offices. Voter #4 should not be treated as a registered Minnesota Voter.
Applying for Ballot 3 Options Online thru SOS website (MNVotes) Paper Federal Post Card Application (FPCA) By mail, (scanned) via e-mail, or fax Federal Write-In Absentee Ballot (FWAB) If submit regular AB app (paper or online) - & time allows contact & refer to UOCAVA online app or FPCA
UOCAVA Online App Must provide: E-mail address MN DL #, MN ID # or Last 4 SSN Only passport #? Apply w/ paper form Applicant receives verification e-mail once queued in SVRS
FPCA Standard Federal form for UOCAVA Classification section Expanded Military U.S. citizen who has never resided in US ID section specifies DL/ID or L4 SSN Can put passport # in ID space
Where to Find Printable FPCA SOS website: http://www.sos.state.mn.us/elections-voting/other-ways-to- vote/vote-from-military-or-overseas/ FVAP Site: https://www.fvap.gov/uploads/FVAP/Forms/fpca.pdf Other links to FPCA form: FVAP Website - Minnesota specific page: http://www.fvap.gov/minnesota
Online FWAB OSS links to FVAP site Provide federal offices & candidates for voter s address Voter may open link to ERS-fed My Ballot to see other offices & candidates Voter prints; writes in state & local votes Mails FWAB to county
FWAB UOCAVA voter may submit federal write-in ballot (FWAB) No FPCA required Treat as FPCA if no other app received Register Voter if eligible Process as AB Application o SVRS creates ballot labels If UOCAVA app is already in, proceed as if the official ballot & check FWAB checkbox
Accepting UOCAVA Applications App must be accepted if it contains: Classification Voter s Name & DOB ID # or - if # missing- signed Oath Present or former MN address Where ballots should be mailed Signature - Voter or Person applying on their behalf o Voter s Parent, Spouse, Sibling or Child over 18 may apply for them M.S. 203B.17; 203B.18; 203B.19
Accepting UOCAVA Applications If wrong official receives FPCA Forward it to correct county auditor o Immediately o Use fastest means
Evaluate App for Voter Registration Register voter (or update existing reg) when: Classification is Military or Temporarily Outside U.S. and Application signed by voter themselves Do notregister voter when: Classification is Indefinitely Outside U.S. or Never resided in U.S. or Application signed by individual other than voter SVRS User Docs > Absentee Ballot > UOCAVA
Compare to Regular AB Regular AB Application Options: Regular Paper AB Application (Not FPCA) Online AB Application (No option to have Ballot E-mailed to voter) No FWAB Must Register to vote separately from applying for Absentee Ballot
Recording UOCAVA Applications 1. Immediately enter as VR (when eligible) in SVRS Voter Registration 2. Enter as AB app in SVRS Absentee Ballot (M.S. 203B.19)
UOCAVA Record Entry Tips Classifications: National Guard on State Orders Select Uniformed Services U.S. citizen & have never resided in U.S. Select Indefinitely Outside FWAB: Select FWAB as App Source
Compare to Regular AB Registration of UOCAVA Voter If UOCAVA voter receives the Federal Only Ballot that voter should not be registered in SVRS because they do not qualify as a Minnesota Resident.
Active Period & Retention Period FPCA good thru end of calendar year or next regularly-scheduled state general election, whichever later Apps received thru 11/3/2020 Expire 12/31/2020 Apps received beginning 11/4/2020 Expire 11/8/2022 County must retain applications for 6 years SVRS maintains UOCAVA records (M.S. 203B.19)
Compare to Regular AB Regular AB applications are good through the election cycle they were prepared for and then they expire.
Non-Acceptance Reasons to reject an application: Missing required info, Not signed, Voter not eligible Cannot reject an application because No election scheduled for voter App is second duplicate application Receive a second application? Process it! Updates VR Dates Adds more recent application to UOCAVA Record (M.S. 203B.19)
Non-Acceptance Steps Auditor must attempt to notify applicant & provide rejection reason* Record reason for app rejection in SVRS *Required by federal and MN law Print letter from SVRS Rejections are counted / reported Don t reject unnecessarily! (M.S. 203B.19)
Ballot Issuing Methods Available Methods: Email, Mail or Fax Issue as promptly as possible At least 46 days before prim./gen. for apps received before start of AB period o OSS reports mailing dates to U.S. DOJ Immediately for apps received during AB period Can use U.S. govt services to transmit voting materials (M.S. 203B.21; 203B.22; 203B.225)
UOCAVA Materials Transmittal & Return Envelopes contain federal postage paid statement Example Envelopes on SOS website Postage not required for electronically transmitted ballots Envelope/Instructions may not be printed with official s name if official on ballot (M.S. 203B.21; 203B.22)
Issuing Ballots - Email SVRS UOCAVA Email Delivery Creates email for forwarding to the voter Email includes ballot materials + Ballot* * County or ballot vendor provide pdf ballot files to OSS (Files specified B or U & F ) Remember 46-days issuing deadline if providing files
Issuing Ballots - Email Using UOCAVA Email Delivery module Ballot must be in Sent status (labels report must run) Preview Ballot File before sending System-generated email sent to Delivery Inbox specified in County Profile Emails sent by system every 15 minutes SVRS User Docs: UOCAVA Email Delivery Process
Issuing Ballots - Email When Email Delivery module not used: Use UOCAVA Ballot Materials report (SVRS Report Category Absentee Ballot) Email Delivery Bounce-Backs from .MIL address: Large # ? share with Federal Voting Assistance Program (FVAP) Communicate with voter; Is there private email they can use?
Issuing Ballots - Mail Reassigned military voter? FVAP can look up active duty military member s address o Email vote@fvap.gov or o Fax 571-372-0735 or 571-372-0749 Include your Name & Jurisdiction and voter s full name, DOB, and L4 SSN Note: Military only, not overseas citizens, or eligible family members of military personnel
Issuing Ballots - Fax Use FVAP Electronic Transmission Service (ETS) Free service which forwards ballot to any UOCAVA voter Use FVAP Electronic Transmission cover sheet https://www.fvap.gov/uploads/FVAP/Forms/coversheet.pdf Email or fax ballot and materials to ETS o ets@fvap.gov o 1-800-368-8683 or 703-696-2148 Additional Information: ETS Manual https://www.fvap.gov/uploads/FVAP/EO/etsmanualforleos.pdf Note: Reproduction quality may be reduced
UOCAVA Ballot Board Establishment & makeup of Board covered in other AB Presentation Treatment of returned envelopes covered in other AB Presetation UOCAVA Board accepts or rejects same day ballots are received (M.S. 203B.23; 203B.24)
Ballot Board Procedures Use SVRS UOCAVA Ballot Board Can view info needed to accept/reject Mark ballots accepted/rejected; Reissue o When ballot is FWAB, mark FWAB radio button Track ballots Can view app/ballot info for up to 10 voters at one time
Ballot Board Procedures Accept Ballot if: Voter Name and address matches app Signed certification (envelope or certificate) MDL, MN ID, SSN or passport matches number provided on app or signatures match Not known to have died Has not already voted
Replacement Ballots Replacement ballots must be sent to voter whose: Ballot was rejected Ballot has been spoiled or lost in transit Mailing address changed after the date the first was sent More about using SVRS for issuing replacements in other Presentation (M.S. 203B.22; 203B.23)
Compare to Regular AB UOCAVA AB Ballot Board must Accept or Reject Ballots the same day they are received Regular AB Board: Up to 14 Days prior to Election Ballots delivered to AB Board within 5 days of receipt During the 14 days preceding the Election Ballots delivered to AB Board with 3 days of receipt
FWABs 2 Scenarios Voter submits FWAB, no FPCA on file Do not need to send additional ballot for that election Voter submits FPCA & official ballot is issued, FWAB returned Official ballot could also get returned (M.S. 203B.227)
Accepting FWAB Board must accept FWAB if: Voter not already voted FWAB properly completed Mark as FWAB when accepting in UOCAVA Ballot Board (M.S. 203B.227)
Processing FWAB Must wait until 8 pm Election Night to process FWABs (for voters with FPCA on file) Federal law + potential could exist for official ballot to be returned If both FWAB & official ballot are returned, count only official ballot Before separating FWAB certificate from secrecy envelope, check category and ballot type (M.S. 203B.227)
