Section 115.277

Title IX SUFFRAGE AND ELECTIONS

Chapter 115

Effective - 04 Jun 2020, 6 histories, see footnote   (history) 

  115.277.  Persons eligible to vote absentee — at-risk category defined. — 1.  Except as provided in subsections 2, 3, 4, and 5 of this section, any registered voter of this state may vote by absentee ballot for all candidates and issues for which such voter would be eligible to vote at the polling place if such voter expects to be prevented from going to the polls to vote on election day due to:

  (1)  Absence on election day from the jurisdiction of the election authority in which such voter is registered to vote;

  (2)  Incapacity or confinement due to illness or physical disability, including a person who is primarily responsible for the physical care of a person who is incapacitated or confined due to illness or disability;

  (3)  Religious belief or practice;

  (4)  Employment as an election authority, as a member of an election authority, or by an election authority at a location other than such voter's polling place;

  (5)  Incarceration, provided all qualifications for voting are retained;

  (6)  Certified participation in the address confidentiality program established under sections 589.660 to 589.681 because of safety concerns; or

  ^*(7)  For an election that occurs during the year 2020, the voter has contracted or is in an at-risk category for contracting or transmitting severe acute respiratory syndrome coronavirus 2.  This subdivision shall expire on December 31, 2020.

  2.  Any covered voter who is eligible to register and vote in this state may vote in any election for federal office, statewide office, state legislative office, or statewide ballot initiatives by submitting a federal postcard application to apply to vote by absentee ballot or by submitting a federal postcard application at the polling place even though the person is not registered.  A federal postcard application submitted by a covered voter pursuant to this subsection shall also serve as a voter registration application under section 115.908 and the election authority shall, if satisfied that the applicant is entitled to register, place the voter's name on the voter registration file.  Each covered voter may vote by absentee ballot or, upon submitting an affidavit that the person is qualified to vote in the election, may vote at the person's polling place.

  3.  Any interstate former resident may vote by absentee ballot for presidential and vice presidential electors.

  4.  Any intrastate new resident may vote by absentee ballot at the election for presidential and vice presidential electors, United States senator, representative in Congress, statewide elected officials and statewide questions, propositions and amendments from such resident's new jurisdiction of residence after registering to vote in such resident's new jurisdiction of residence.

  5.  Any new resident may vote by absentee ballot for presidential and vice presidential electors after registering to vote in such resident's new jurisdiction of residence.

  6.  For purposes of this section, the voters who are in an at-risk category for contracting or transmitting severe acute respiratory syndrome coronavirus 2 are voters who:

  (1)  Are sixty-five years of age or older;

  (2)  Live in a long-term care facility licensed under chapter 198;

  (3)  Have chronic lung disease or moderate to severe asthma;

  (4)  Have serious heart conditions;

  (5)  Are immunocompromised;

  (6)  Have diabetes;

  (7)  Have chronic kidney disease and are undergoing dialysis; or

  (8)  Have liver disease.

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(L. 1977 H.B. 101 § 9.005, A.L. 1982 S.B. 526, A.L. 1986 H.B. 1471, et al., A.L. 1993 S.B. 31, A.L. 1995 H.B. 484, et al., A.L. 1997 S.B. 132, A.L. 2002 S.B. 675, A.L. 2003 H.B. 511, A.L. 2013 S.B. 116, A.L. 2015 S.B. 34 & 105, A.L. 2020 S.B. 631)

Effective 6-04-20

*Subdivision (7) of subsection 1 expires 12-31-20.