H.B. 314 Enrolled

ELECTION CODE - MILITARY OVERSEAS BALLOT PROCEDURES
2001 GENERAL SESSION
STATE OF UTAH
Sponsor: Matt Throckmorton
This act modifies statutes governing voting by military or overseas citizens. This act
establishes criteria for declaring certain ballots invalid.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-3-408, as enacted by Chapter 1, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-3-408 is amended to read:
20A-3-408. Voting of ballot by military or overseas citizen voter.
(1) (a) The military or overseas citizen voter shall:
(i) upon receipt of the ballot, mark it in secret;
(ii) seal it in the ballot envelope provided for that purpose; and
(iii) execute the registration and voting certificate on the back of the envelope in the
presence of a commissioned, noncommissioned, or petty officer not below the rank of sergeant,
or other person authorized to administer oaths.
(b) (i) If the military or overseas citizen voter is physically disabled so as to be unable to
see or write, he may request assistance from two persons, each of whom shall be qualified to
certify to the registration and voting certificate.
(ii) The military or overseas citizen voter shall tell those persons how he wishes his ballot
marked.
(iii) Those persons shall mark the ballot as directed by the military or overseas citizen
voter in his presence.
(iv) One of the persons assisting the military or overseas citizen voter shall:
(A) read to the voter the registration and voting certificate upon the ballot;
(B) fill in its blanks as the voter directs; and
(C) sign, on the line provided for the signature of the voter, the name of the voter and his

own name.
(2) (a) The ballot shall be sent by any available mail service to the county clerk who issued
it.
(b) The military or overseas citizen voter is not required to return the ballot by registered
mail.
(3) (a) The ballot is not valid unless it is:
(i) clearly postmarked by the appropriate military post office, the Fleet Post Office (FPO)
or the Army/Air Force Post Office (APO), on or before election day and received in the office of the
election officer before noon on the day of the official canvass following the election; or
(ii) in the possession of a military mail courier, en route to the appropriate fleet post office
or army/air force post office, and can be certified as having been picked up on or before election day.
(b) If it is not possible to obtain the appropriate military post office postmark on or before
election day, a noncommissioned officer or commissioned officer, may certify that the ballot was
voted on or before election day by writing the following on the exterior of the ballot:
(i) "I certify that this ballot was voted on or before election day";
(ii) by signing and dating; and
(iii) clearly printing the noncommissioned officer or the commissioned officer's name, rank,
and service number below the signature.

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