13.09.010 Request of Absentee Ballot

(a) Qualified voters who are unable to cast their ballots at their designated polling sites due to circumstances beyond their control, including, but not limited to service in the military, funeral service, medical emergency, medical treatment, physical or mental disability, and educational commitments may request an absentee ballot from the Election Board who shall determine the appropriateness of such request and approve or disapprove the issuance of an absentee ballot hereunder. Any non-resident member may vote non-absentee in the district of their former residence or affiliation.

(b) Request for such ballots must be by telephone, in person, orally or in writing for the sick or handicapped and filed with the Election Board prior to the date of the election. The Election Board will give or mail a ballot to any approved voter in sufficient time to permit the voter to execute and return it on or before the date of the election.

(c) Together with the ballot, there will be an inner envelope bearing on the outside, the words Absentee Ballot, a pre-addressed outer envelope and an affidavit in the following form:

Absentee Voter Affidavit

"I, do solemnly affirm that I am an enrolled member of the Turtle Mountain Band of Chippewa Indians and that I will be eighteen (18) years of age or over on date of the election, I have maintained residence in or am affiliated with District ____, that I am entitled to vote in the election to be held on (date) , and that I cannot appear at the polling site on the reservation or in my district on the date of the election because____________________. I further swear that I marked the enclosed ballot in secret.

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(Voter's signature)

Subscribed and sworn to me this ________ day of _________________,20____.

I hereby certify that the affiant exhibited the ballot to me unmarked; that the voter then in my presence and in the presence of no other person, and in such manner that I could not see the vote, marked such ballot, enclosed and sealed the same in the envelope marked "Absentee Ballot."

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(Notary Public/Administrative Secretary/Election Judge/Election Board Member

(d) The voter shall make and subscribe the affidavit before any officer authorized by law to administer oaths, and thereupon in the presence of such officer and of no other person, mark the ballot in such manner that the officer does not observe the marking thereon. After marking the ballot, in the presence of the officer, the voter shall place the ballot in the envelope marked "Absentee Ballot" then seal the envelope. The "Absentee Ballot" envelope shall then be placed in the larger, pre- addressed envelope together with the affidavit and mailed or delivered to the Tribal Administrative Secretary who shall stamp the date received and deliver all unopened absentee ballots to the Chairperson of the Election Board not later than the close of the polls on election day.