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).