The Wisconsin Election Commission, which is responsible for administering Wisconsin`s election laws, states on its website that a proxy can request an absentee ballot for a voter, but cannot vote for them: In the absence of legal authority, an agent cannot be appointed to register a person to vote. Therefore, a girl who has received a power of attorney for her mother with a physical and mental disability is not entitled to sign an application for voter registration on behalf of her mother; Therefore, a registration made in this way would be invalid. There is also no legal authority in Florida for an agent to be appointed to register another person to vote. Florida Advisory Legal Opinion AGO 78-89 of the Florida Attorney General`s Office found that a girl who had received a power of attorney for her mother could not sign the application for voter registration on her mother`s behalf. The statement states: A power of attorney allows a person (a ”de facto agent” or a ”mandatary”) to act in the place of the principal. In general, a power of attorney can perform any legal act that the principal can. Powers of attorney that are often granted to a power of attorney include financial powers such as bank letters and cheques, gifts, or health care decisions. Read what a power of attorney is to learn more about powers of attorney in general. A proxy or other form of proxy is not valid for use by anyone in election-related procedures or transactions, including voter registration, distribution or signing petitions, cancellation of voter registration, requests for early voting, or voting on another person`s ballot. Some states have regulations that explicitly prohibit a proxy from voting on behalf of its principal, including Florida and Arizona. Ultimately, voting is a unique individual and personal right that cannot be exercised by a proxy. Arizona law also prohibits the use of a proxy to vote in an election instead of another person and to register another person in the election. Arizona Revised Statutes § 16-102 states: No, you generally cannot use a proxy to vote on behalf of another person in an election.
Although electoral laws and laws governing the ability of a proxy to vote on behalf of the principal are controlled by each state, the answer in a sample of states is clearly no. However, a power of attorney is generally not allowed to perform actions that are solely personal to the client, unless it is legally permitted to do so. Voting is considered a personal act. Florida law expressly prohibits an agent from participating in a public election on behalf of the principal. See section 709.2201, Fla. Many states simply consider it axiomatic that a proxy cannot vote for the client. Learn more about FindLaw`s newsletters, including our Terms of Service and Privacy Policy. A proxy may require a postal vote for an elector. No person (not even a proxy) is allowed to ”vote” for a ballot for another voter. If the voter needs help filling out the ballot, they can appoint another person to help them mark the ballot.* In the presence of the voter, the ballot will be marked according to the voter`s instructions. The assisting elector must sign their name on the ballot in the ”Caregiver`s Signature” section.
It goes without saying that an agency can be created for any lawful act and whatever a person can legitimately do, if he acts on his own initiative and on his own behalf, he can delegate this power to an agent. It is also obvious that illegal, immoral or contrary to public order powers cannot be legally delegated, nor can one delegate an act of a personal nature, such as.B. the designation of a body to perform a personal duty or a trust. Of course, an elected official cannot ask you to occupy the position to which he was elected without there being a legal authority to vote for him. This website is protected by reCAPTCHA and Google`s privacy policy and terms of use apply. In Rich Printing Co. v Estate of McKellar, a Tennessee court of appeals stated: * The favorable elector cannot be the voter`s employer or a representative of that employer, or an officer or representative of a work organization representing the voter. p. 6.82(2)(a), Wis. Stats. 12.03.2003 The e-mail address cannot be subscribed. Please try again..
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