16-544

16-544. Permanent early voting list

A. Any voter may request to be included on a permanent list of voters to receive an
early ballot for any election for which the county voter registration roll is used to
prepare the election register. The county recorder of each county shall maintain the
permanent early voting list as part of the voter registration roll.

B. In order to be included on the permanent early voting list, the voter shall make
a written request specifically requesting that the voter's name be added to the permanent
early voting list for all elections in which the applicant is eligible to vote. A
permanent early voter request form shall conform to requirements prescribed in the
instructions and procedures manual issued pursuant to section 16-452. The application
shall allow for the voter to provide the voter's name, residence address, mailing address
in the voter's county of residence, date of birth and signature. The voter shall not
list a mailing address that is outside of the voter's county of residence for the purpose
of the permanent early voting list unless the voter is an 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). In lieu of the
application, the applicant may submit a written request that contains the required
information.

C. On receipt of a request to be included on the permanent early voting list, the
county recorder or other officer in charge of elections shall compare the signature on
the request form with the voter's signature on the voter's registration form and, if the
request is from the voter, shall mark the voter's registration file as a permanent early
ballot request.

D. Not less than ninety days before any polling place election scheduled in March
or August, the county recorder or other officer in charge of elections shall mail to all
voters who are eligible for the election and who are included on the permanent early
voting list an election notice by nonforwardable mail that is marked with the statement
required by the postmaster to receive an address correction notification. If an election
is not formally called by a jurisdiction by the one hundred twentieth day before the
election, the recorder or other officer in charge of elections is not required to send
the election notice. The notice shall include the dates of the elections that are the
subject of the notice, the dates that the voter's ballot is expected to be mailed and the
address where the ballot will be mailed. If the upcoming election is a partisan open
primary election and the voter is not registered as a member of one of the political
parties that is recognized for purposes of that primary, the notice shall include
information on the procedure for the voter to designate a political party ballot. The
notice shall be delivered with return postage prepaid and shall also include a means for
the voter to do any of the following:

1. Change the mailing address for the voter's ballot to another location in the
voter's county of residence.

2. Update the voter's residence address in the voter's county of residence.

3. Request that the voter not be sent a ballot for the upcoming election or
elections indicated on the notice.

E. If the notice that is mailed to the voter is returned undeliverable by the
postal service, the county recorder or other officer in charge of elections shall take
the necessary steps to contact the voter at the voter's new residence address in order to
update that voter's address or to move the voter to inactive status as prescribed in
section 16-166, subsection A. If a voter is moved to inactive status, the voter shall be
removed from the permanent early voting list. If the voter is removed from the permanent
early voting list, the voter shall only be added to the permanent early voting list again
if the voter submits a new request pursuant to this section.

F. Not later than the first day of early voting, the county recorder or other
officer in charge of elections shall mail an early ballot to all eligible voters included
on the permanent early voting list in the same manner prescribed in section 16-542,
subsection C. If the voter has not returned the notice or otherwise notified the election
officer within forty-five days before the election that the voter does not wish to
receive an early ballot by mail for the election or elections indicated, the ballot shall
automatically be scheduled for mailing.

G. If a voter who is on the permanent early voting list is not registered as a
member of a recognized political party and fails to notify the county recorder of the
voter's choice for political party ballot within forty-five days before a partisan open
primary election, the following apply:

1. The voter shall not automatically be sent a ballot for that partisan open
primary election only and the voter's name shall remain on the permanent early voting
list for future elections.

2. To receive an early ballot for the primary election, the voter shall submit the
voter's choice for political party ballot to the county recorder.

H. After a voter has requested to be included on the permanent early voting list,
the voter shall be sent an early ballot by mail automatically for any election at which a
voter at that residence address is eligible to vote until any of the following occurs:

1. The voter requests in writing to be removed from the permanent early voting
list.

2. The voter's registration or eligibility for registration is moved to inactive
status or canceled as otherwise provided by law.

3. The notice sent by the county recorder or other officer in charge of elections
is returned undeliverable and the county recorder or officer in charge of elections is
unable to contact the voter to determine the voter's continued desire to remain on the
list.

I. A voter may make a written request at any time to be removed from the permanent
early voting list. The request shall include the voter's name, residence address, date of
birth and signature. On receipt of a completed request to remove a voter from the
permanent early voting list, the county recorder or other officer in charge of elections
shall remove the voter's name from the list as soon as practicable.

J. An 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) is eligible to be placed on the permanent early voting list pursuant to
this section.

K. A voter's failure to vote an early ballot once received does not constitute
grounds to remove the voter from the permanent early voting list.