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. § 20302(g)(2), not later than 45 days before the election or, notwithstanding Section 20A-1-104, if the 45th day before the election is a weekend or holiday, not later than the business day preceding the 45th day, 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.
Terms Used In Utah Code 20A-16-403
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose:
(i)
facsimile transmission;
(ii)
email delivery; or
(iii)
if offered by the voter’s jurisdiction, Internet delivery.
(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.
