16-543. Application for ballot; United States
service; emergency procedures
A. Any absent uniformed services voter or overseas voter as defined in the
uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United
States Code section 1973ff-6), as amended by the Ronald W. Reagan national defense
authorization act for fiscal year 2005 (P.L. 108-375), may request an early ballot with a
federal postcard application that contains both an early voter registration application
and an early ballot application. The secretary of state shall provide for a centralized
system for receiving federal postcard applications by way of the internet or fax and
shall provide for transmitting appropriate ballot materials in response to fax, telephone
and internet requests for federal postcard applications. The absent uniformed services
voter or overseas voter shall designate the means of communication for receiving voting
materials, whether by way of the internet, fax transmittal or other electronic means or
by mail, and the county recorder or other officer in charge of elections shall provide
responses and materials in the format designated by the requesting voter. On receipt of
such application, the county recorder or other officer in charge of elections shall
determine whether or not the elector is registered. If the applicant is so registered,
the recorder or other officer in charge of elections shall forward to the applicant an
official early ballot using the means of communication designated by the voter pursuant
to this section. If no means of communication is designated, the ballot shall be
transmitted as provided in the instructions and procedures manual issued pursuant to
section 16-452. For all requests received from registered absent uniformed services
voters or overseas voters on or before the forty-eighth day before the election, the
ballot shall be transmitted no later than the forty-fifth day before the election. If the
applicant is not registered, and the request is for a ballot for use in a county election
but the federal postcard application is complete, the recorder shall forward an official
early ballot to the applicant within twenty-four hours after receipt of the request,
excluding Saturdays, Sundays and other legal holidays. If the applicant is not registered
to vote and the federal postcard application is not used or complete, the recorder shall
forward an affidavit of registration as provided in section 16-103 and shall forward at
the same time to the unregistered applicant an official early ballot and affidavit within
twenty-four hours after receipt of the request, excluding Saturdays, Sundays and other
legal holidays. For any voter who is sent an official early ballot by electronic means
pursuant to this section, the county recorder or other officer in charge of elections is
not required to send a paper ballot for the same election.
B. The county recorder or other officer in charge of elections shall transmit by
fax or by other electronic format approved by the secretary of state early ballot request
forms, unvoted ballots and ballot information to eligible absent uniformed services
voters and overseas voters. The county recorder or other officer in charge of elections
shall provide for receipt of completed early ballot requests and voted early ballots by
fax or other electronic format as prescribed by the secretary of state in the
instructions and procedures manual issued pursuant to section 16-452. The county recorder
or other officer in charge of elections shall provide for a method for the voter to
verify at no cost to the voter that the voter's ballot has been received.
C. The secretary of state shall provide in the instructions and procedures manual
issued pursuant to section 16-452 for emergency procedures regarding the early balloting
process for persons who are subject to the uniformed and overseas citizens absentee
voting act of 1986 (P.L. 99-410; 42 United States Code section 1973ff), as amended by the
Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375).
These emergency procedures may be implemented only on the occurrence of a national or
local emergency that makes substantial compliance with the uniformed and overseas
citizens absentee voting act impracticable, including occurrences of natural disasters or
armed conflict or mobilization of the national guard or military reserve units of this
state.
D. This section applies only to any absent uniformed services voter or overseas
voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L.
99-410; 42 United States Code section 1973ff-6), as amended by the Ronald W. Reagan
national defense authorization act for fiscal year 2005 (P.L. 108-375).
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