§ 17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and Overseas Citizens
Absentee Voting Act (UOCAVA) and other citizens residing outside the United States.
[Effective until December 31, 2025.]
(a) It is the intent and purpose that the provisions set forth in this section are designed
to facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee
Voting Act (UOCAVA), 52 U.S.C. § 20301 et seq.
(b) The Federal Post Card Application (FPCA) may be used as a request for an absentee
ballot by:
(1) A member of the armed forces who is absent from the state by reason of being in active
service;
(2) Any person absent from the state in performance of "services intimately connected
with military operationsâ€� as defined in § 17-20-3(d);
(3) Any person who is employed outside of the United States as defined in § 17-20-3(c); and
(4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who
is a citizen of the United States and absent from the state and residing outside the
United States as described in chapter 21.1 of this title.
(c) The single FPCA card shall permit the person to request an absentee ballot for each
primary and election through the next general election for federal office or for the
time period specified by federal law in which the voter is eligible to vote.
(d) The FPCA card must be received by the local board of canvassers where the person last
maintains his or her residence for voting purposes within the time frame for applying
for absentee ballots as set forth in this title.
(e) If the FPCA, when used in accordance with this section, is sent by the voter through
electronic transmission, it must be sent to the secretary of state and it must be
received by the secretary of state by the deadline for applying for absentee ballots
as set forth in this title. The secretary of state shall then forward the FPCA to
the appropriate local authority who shall immediately certify and return the FPCA
to the secretary of state with the notation that the corresponding ballots shall be
sent by mail and electronic transmission. The secretary of state shall approve electronically
transmitted ballots to and from eligible voters only through a service or solution
that meets the following requirements:
(1) The system has had one or more independent security reviews;
(2) Demonstrates the system meets the National Institute of Standards and Technology (NIST)
Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of
a successor designated federal agency or organization; and
(3) Approved by the secretary of state.
The ballots sent by electronic transmission shall be returned to the state board by
electronic transmission. These ballots will be counted at the state board in accordance
with rules and regulations promulgated by the state board.
(f) The voter's signature on the FPCA does not need to be witnessed or notarized, when
the FPCA is submitted as provided in this section.
(g) If a voter is casting a mail ballot received through the use of the FPCA card as provided
in this section, the voter's signature does not need to be witnessed or notarized
on the certifying envelope used for the return of the voted mail ballot.