Unsolicited Pre-Populated Absentee Application Prohibition Act

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.