Unsolicited Pre-Populated Absentee Application Prohibition Act

Prior to task force meetings, ALEC posts these legislative member-submitted draft model policies to our website. The draft model policies are then discussed, debated, and voted on by ALEC task force members. Policies that receive final approval by legislators on the ALEC Board of Directors become official ALEC model policy. Draft model policies that fail to become official ALEC model policy are removed from the website.

Summary

This model policy prohibits third parties from distributing absentee ballot applications that are already filled in with voter information, while preserving voter-requested assistance from family members and election officials. It is the shortest and most targeted of the four proposals and is easy to frame as a privacy, anti-confusion, and anti-manipulation measure.   

Unsolicited Pre-Populated Absentee Application Prohibition Act

Section 1Title  

This Act may be cited as the “Unsolicited Pre-Populated Absentee Application Prohibition Act.”  

Section 2: Prohibition On Pre-populated Applications.  

  • (A) No individual, organization, campaign, or political party may provide to a voter an absentee ballot application that contains voter information pre-populated or pre-filled by a third party.  
  • (B) It is unlawful for any person to knowingly distribute an absentee ballot application that is pre-filled with a voter’s name, address, identification number, or any other information required on the application form.  
  • (C) Assistance in completing an absentee ballot application is prohibited unless expressly requested or authorized by the voter, and may be provided only by:  
    1. an immediate family member or household member of the voter; or  
    2. a state or local election official acting in the course of official duties.  
  • (D) It is unlawful for any person or entity to pay, compensate, or otherwise provide anything of value to another person to prepare, pre-fill, or pre-populate voter information on absentee ballot applications, or to collect such pre-populated applications for submission.  
  • (E) Nothing in this Section shall be construed to prohibit a state or local election authority from assisting an individual voter in completing an application for an absentee ballot upon the voter’s request.