20A-16-401. Methods of applying for military-overseas ballots.
(1)
A covered voter who is registered to vote in the state may apply for a military-overseas ballot:
Terms Used In Utah Code 20A-16-401
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Covered voter: means an individual who:
(a)
satisfies Utah's voter eligibility requirements that do not relate to residency;
(b)
is not registered to vote in a state other than Utah;
(c)
is absent from the United States on the day of the election; and
(d)
(i)
is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:
(A)
is a uniformed service voter; or
(B)
temporarily resides outside the United States;
(ii)
is a foreign United States citizen who:
(A)
before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and
(B)
did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or
(iii)
is a foreign United States citizen:
(A)
who has never registered to vote in a state other than Utah;
(B)
who has never established a principal place of residence in the United States; and
(C)
whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102
Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
Military-overseas ballot: means :
(a)
a federal write-in absentee ballot;
(b)
a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
(c)
a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
via the federal postcard application’s electronic equivalent; or
(c)
by otherwise making a request in writing.
(2)
A covered voter who is not registered to vote in this state may use a federal postcard application or the federal postcard application’s electronic equivalent to apply simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.
(3)
(a)
The lieutenant governor shall ensure that the electronic transmission system described in Subsection 20A-16-201(3) is capable of accepting the submission of both a federal postcard application and any other approved electronic military-overseas ballot application sent to the appropriate election official.
(b)
The voter may use the electronic transmission system or any other approved method to apply for a military-overseas ballot.
(4)
A covered voter may use the declaration accompanying a federal write-in absentee ballot as an application for a military-overseas ballot simultaneously with the submission of the federal write-in absentee ballot, if the declaration is received by the appropriate election official before the day of the election.
(5)
To receive the benefits of this chapter, a covered voter shall inform the appropriate election official that the voter is a covered voter by:
(a)
the use of a federal postcard application or federal write-in absentee ballot;
(b)
the use of an overseas address on an approved voter registration application or ballot application; or
(c)
the inclusion on an approved voter registration application or ballot application of other information sufficient to identify the voter as a covered voter.
(6)
This chapter does not preclude a covered voter from voting via a manual ballot by mail.
