CONCORD - Voters can vote by absentee ballot in the 2020 primary and general elections because of concerns about COVID-19, according to guidance issued Friday by Attorney General Gordon MacDonald and Secretary of State William Gardner.

To obtain an absentee ballot, voters would need to check the "disability" box or other exceptions.

"Voters should not have to choose between their health and exercising their constitutional right to vote," the memo said. "Thus, any voter who is unable to vote in person in the September 8, 2020 Primary Election or the November 3, 2020 General Election because of illness from COVID-19 or who fears that voting in person may expose himself/herself or others to COVID-19 will be deemed to come within the definition of 'disability' for purposes of obtaining an absentee ballot," the memo stated.

It is one of several reasons voters can vote absentee, including being absent on election day, scheduled work hours preclude voting in person, caring for children or infirm adults, religious commitment or disability.

"This would include any medical condition where medical advice is that the voter not go out in public. This includes a voter who is quarantined, including self-quarantine, for any reason due to COVID-19. Compliance with general medical advice issued to the public by health officials is sufficient, individualized advice from the voter's personal physician is not required.

"In light of the current public health advisories related to COVID-19, any voter who in the voter's judgment is being advised by medical authorities to avoid going out in public, or to self-quarantine, would qualify to vote by absentee ballot," the memo said.

Henry Klementowicz, staff attorney at the ACLU of New Hampshire, applauded the memo.

"As they note, nobody should have to choose between exercising their right to vote and their health. Now, any voter may request an absentee ballot for the September 2020 Primary and November 2020 general elections based on concerns regarding COVID-19. This important step will protect our elections and public health," Klementowicz said.

Democratic Executive Councilors sparred with Gov. Chris Sununu at Wednesday's meeting about why Secretary of State Gardner wasn't invited to answer questions about the elections, but Sununu said it wasn't under the purview of the council and said guidance would be published later in the week.

Executive Councilor Debora Pignatelli, D-Nashua, said the memo satisfied some of her concerns. "But, as usual, the details are very important," Pignatelli said.

The memo doesn't explain how unregistered voters will register, or how people who want to vote in person can do so. She would like a special COVID-19 exception listed instead of asking people to check off the "disability" box.

"Fear is a disability now?" Pignatelli asked. "A lot of people are not going to request a ballot and will want to vote in person. How is this going to look?" she asked.

Executive Councilor Andru Volinsky, D-Concord, who is running for governor in the Democratic primary, said he is grateful that the attorney general now agrees with many people who have advocated for absentee voting through November, but the memo fails to address how voters should register while town offices are generally closed.

"We need more time and more locations to register before Election Day," Volinsky said. "We also would not require a special interpretive memo from the attorney general if the governor had not vetoed no-excuse absentee voting. Finally, we should hear from Secretary Gardner on how his office will spend HAVA and CARES funds to accommodate for what will likely be all-absentee voting."

Nancy West is the founder of the news nonprofit IndepthNH.org