S.B. 216 Enrolled

1

ABSENTEE VOTING BY MILITARY PERSONNEL
2 AMENDMENTS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Benjamin M. McAdams
6 House Sponsor: Lynn N. Hemingway
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code by amending provisions related to overseas
11 military absentee voting.
12 Highlighted Provisions:
13 This bill:
14 . allows an overseas military voter to apply for an absentee ballot electronically;
15 . authorizes a county clerk to accept a ballot application for one general election
16 instead of two general elections; and
17 . makes technical changes.
18 Monies Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-3-406, as last amended by Laws of Utah 2006, Chapter 264
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-3-406 is amended to read:
28 20A-3-406. Absentee ballots for military personnel and citizens living overseas --
29 Federal postcard applications for ballot.

30 (1) (a) [Applications for absentee ballots for military voters that are] An application
31 for an absentee ballot for a military voter who is located in the United States shall be filed in
32 the county clerk's office no later than the Friday immediately before the day of election.
33 (b) [Military personnel] A member of the military voting an absentee ballot at the
34 office of the clerk shall apply and cast [their] the absentee ballot no later than the day before
35 the election.
36 (2) (a) (i) [Military voters] A military voter stationed overseas and an overseas citizen
37 [voters] voter shall file an application for a ballot with the county clerk no later than 20 days
38 before the date of the election.
39 (ii) The application for an overseas military voter under Subsection (2)(a)(i) may be
40 filed electronically as provided in Section 20A-3-408.5 .
41 (b) Upon receipt of a properly completed [written] application for an absentee ballot
42 signed by [any] a military voter or an overseas citizen voter, the county clerk shall mail an
43 appropriate ballot to the military voter or overseas citizen voter.
44 (c) [The] At the time the ballot is furnished, the county clerk[, at the time he furnishes
45 the ballot,] shall record, in a record book provided for that purpose[,]:
46 (i) the name and home address of the military voter or overseas citizen voter to whom
47 the ballot is mailed[,];
48 (ii) the address [mailed to, and] to which the ballot was mailed; and
49 (iii) the date [of mailing] the ballot was mailed.
50 (d) If the military voter or overseas citizen voter sends [his] the absentee ballot
51 application to the lieutenant governor, the lieutenant governor shall forward the application to
52 the county clerk of the county where the military voter or overseas citizen voter is entitled to
53 vote.
54 (e) If the county clerk rejects the application for an absentee ballot from a military or
55 overseas citizen voter, the county clerk shall inform the voter of the reasons for rejecting the
56 application.
57 (3) [Any] A military voter or overseas citizen voter who is physically disabled [so as to

58 be] and unable to see or write may apply for a ballot by having a commissioned,
59 noncommissioned, or petty officer not below the rank of sergeant[,] or other person authorized
60 to administer oaths to apply for a ballot on the voter's behalf.
61 (4) (a) A federal postcard application issued under the authority of any Act of
62 Congress or federal regulation is acceptable, when properly executed, as an application for a
63 ballot under this chapter.
64 (b) The county clerk shall accept the completed postcard application as an application
65 for ballots for each election for federal office held in the next [two even-numbered years]
66 general election and shall send the applicant a ballot for each of those elections, as required by
67 Section 20A-3-407 .
68 (5) The county clerk shall retain the application for use at the time the ballot is
69 received from the military voter or overseas citizen voter.