§ 20A-16-403 — Transmission of unvoted ballots.

(1) For an election for which the state has not received a waiver pursuant to the Military and Overseas Voter Empowerment Act, 52 U.S.C. Sec. 20302(g)(2), not later than 45 calendar days before the day of the election or, notwithstanding Section 20A-1-104, if the 45th calendar day before the day of the election is a weekend or holiday, not later than the business day preceding the 45th calendar day before the day of the election, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application.
(2) (2)(a) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose:
(2)(a)(i) facsimile transmission;
(2)(a)(ii) email delivery; or
(2)(a)(iii) if offered by the voter's jurisdiction, Internet delivery.
(2)(b) The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter.
(3) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter no later than two business days after the day on which the application arrives.

Legislative History

Amended by Chapter 448, 2025 General Session