Procedure A. A registered voter who becomes physically incapacitated after the deadline to request an absentee ballot as provided in Section 14-103 of this title and is unable to vote in person at the appropriate precinct on the day of the election may make a written request for an absentee ballot. Requirements for matching of name, birth date, and identification number established pursuant to Section 14-105 of this title shall apply to a request for absentee ballots under this section. B. 1. The request shall be signed by the voter or signed by a witness at the voter’s direction if the voter is unable to sign his or her name, and shall be transmitted to the secretary of the county election board. 2. The person transmitting the request on behalf of the voter may be anyone of the voter’s choosing who is at least sixteen (16) years of age; provided, the person is not employed by nor related within the third degree of consanguinity or affinity to any person whose name appears on the ballot. 3. The person becomes the voter’s agent for purposes of voting by absentee ballot. The voter’s request must be accompanied by a sworn statement by a duly licensed physician. Expected or likely confinement for childbirth on election day is sufficient cause to entitle a voter to vote absentee pursuant to this section. The physician’s statement must attest to the fact that the voter is in fact unable to vote in person at the appropriate precinct on the day of the election because of a physical incapacity and that the physical incapacity originated after the deadline to request an absentee ballot as provided in Section 14-103 of this title. 4. Upon receipt of the voter’s request and accompanying sworn statement, the secretary of the county election board shall issue to the voter’s agent the appropriate ballots and envelopes required for voting by incapacitated voters. 5. The ballots must be returned by the agent to the secretary of the county election board no later than 7:00 p.m. on the day of the election. No person may be the agent for more than one voter at any election. Upon return of the absentee ballots, the secretary of the county election board shall cause the ballots to be processed in the same manner as is prescribed for other absentee ballots. Added by Laws 1979, c. 240, § 29, emerg. eff. June 1, 1979. Amended by Laws 1991, c. 129, § 4, eff. Sept. 1, 1991; Laws 2020, c. 151, § 10, emerg. eff. May 21, 2020; Laws 2022, c. 305, § 2, emerg. eff. May 20, 2022; Laws 2024, c. 452, § 21, emerg. eff. June 14, 2024.
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