AN ACT RELATING TO ELECTIONS -- MAIL BALLOTS
Creates automatic mail-ballot applications for permanently disabled or long-term nursing home residents, with optional temporary electronic delivery for eligible voters.
Creates automatic mail-ballot applications for permanently disabled or long-term nursing home residents, with optional temporary electronic delivery for eligible voters.
HB 5709, titled “An Act Relating to Elections — Mail Ballots,” modernizes how permanently disabled voters and nursing home residents participate in mail-ballot elections and expands accessibility options for eligible disabled voters. The bill was introduced in 2025 and, following legislative passage, was signed by the Governor on June 24, 2025. It takes effect upon passage and includes temporary provisions that sunset on December 31, 2025.
1) Automatic mail-ballot applications for permanently disabled or long-term nursing home residents
- Eligible voters may sign an affidavit requesting automatic mail-ballot applications for every election.
- The envelope for the mail-ballot application is clearly marked not forwardable.
- Voters must notify the clerk if they cease to be eligible (e.g., no longer permanently confined or no longer residing in a nursing home); the clerk must remove them from the mailing list within 5 days of reliable information, with notification to the voter.
2) Paper and online processing
- The affidavit and instructions are mailed to the applicant with a stamped return envelope to the local board of canvassers.
- The secretary of state may process these applications via an online mail-ballot application portal (per § 17-20-2.3).
3) Definitions and scope
- “Nursing home” means facilities defined/licensed by the Department of Health; long-term residency excludes short-term rehabilitation.
- The secretary of state maintains a central list of voters automatically receiving these applications.
4) Electronic delivery (temporary)
- Eligible disabled voters may electronically receive and return mail ballots using the same system as UOCAVA (federal standard), with 508 accessibility compliance.
- The electronic delivery/return option and the related definitions expire on December 31, 2025.
5) Eligibility definition (temporary)
- An “eligible disabled voter” is someone with a disability making in-person voting at polling places an undue hardship due to illness, mental/physical disability, blindness, or mobility impairment.
This bill modernizes the process for obtaining mail-ballot access for permanently disabled and nursing home residents, while providing a temporary electronic option to enhance accessibility for eligible disabled voters.
Compiled from official sources — confirm details with the bill’s official record.
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