§ 1-8.3-101. Short Title
This article may be cited as the “Uniform Military and Overseas Voters Act”. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 664, § 1, effective May 13.
§ 1-8.3-102. Definitions
In this article 8.3: (1) “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 article; or (c) A ballot cast by a covered voter in accordance with this article. (2) “Covered voter” means: (a) A uniformed-service voter defined in […]
§ 1-8.3-103. Elections Covered
(1) The voting procedures in this article apply to: (a) A general, congressional vacancy, or primary election for federal office; (b) A general, recall, or primary election for statewide or state legislative office or state ballot measure; (c) Any other election coordinated by the county clerk and recorder; and (d) An election conducted under article […]
§ 1-8.3-104. Role of Secretary of State
(1) The secretary of state is the state official responsible for implementing this article and the state’s responsibilities under the federal “Uniformed and Overseas Citizens Absentee Voting Act”, 52 U.S.C. sec. 20301 et seq. (2) The secretary of state shall make available to covered voters information regarding voter registration procedures for covered voters and procedures […]
§ 1-8.3-105. Effect of “Uniformed and Overseas Citizens Absentee Voting Act” – Emergency Authority of Secretary of State
(1) In the event of any conflict between this article and any provisions of the federal “Uniformed and Overseas Citizens Absentee Voting Act”, 52 U.S.C. sec. 20301 et seq., the provisions of the federal act shall control, and all designated election officials who are charged with the performance of duties under this code shall perform […]
§ 1-8.3-106. Overseas Voter’s Registration Address
In registering to vote, an overseas voter who is eligible to vote in this state shall use and shall be assigned to the voting precinct of the address of the last place of residence of the voter in this state, or, in the case of a voter described by section 1-8.3-102 (2)(d), the address of […]
§ 1-8.3-107. Methods of Registering to Vote
(1) To apply to register to vote, in addition to any other approved method, a covered voter may use a federal postcard application, or the application’s electronic equivalent. (2) A covered voter may use the declaration accompanying a federal write-in absentee ballot to apply to register to vote simultaneously with the submission of the federal […]
§ 1-8.3-108. Methods of Applying for Ballot – Definition
(1) Repealed. (2) A covered voter who is not registered to vote in this state may use a federal postcard application or the application’s electronic equivalent to apply simultaneously to register to vote under section 1-8.3-107 and for a ballot. (3) The secretary of state shall ensure that the electronic transmission system described in section […]
§ 1-8.3-109. Timeliness of Application for Ballot
If an applicant wishes to receive a ballot by mail, the application shall be received no later than the close of business on the seventh day before the election. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 669, § 1, effective May 13. L. 2014: Entire section amended, (SB 14-161), ch. 160, […]
§ 1-8.3-110. Transmission of Unvoted Ballots
(1) For an election described in section 1-8.3-103 for which this state has not received a waiver pursuant to section 579 of the federal “Military and Overseas Voter Empowerment Act”, 52 U.S.C. sec. 20302 (g)(2), not later than forty-five days before the election, the election official in each jurisdiction charged with distributing a ballot and […]
§ 1-8.3-111. Timely Casting of Ballot
To be valid, a ballot shall be received by the appropriate local election official not later than the close of the polls, or the voter shall submit the ballot for mailing, electronic transmission, or other authorized means of delivery not later than 7:00 p.m. mountain time on the date of the election. Source: L. 2011: […]
§ 1-8.3-112. Federal Write-in Absentee Ballot
(1) A covered voter may use a federal write-in absentee ballot to vote for all offices and ballot measures in an election described in section 1-8.3-103. (2) The covered voter may designate the candidate by writing in the name of the candidate or by writing in the name of a political party or political organization, […]
§ 1-8.3-113. Transmission and Receipt of Ballot
(1) A covered voter who requested and received ballot materials by electronic transmission may also return the ballot by electronic transmission: (a) In circumstances where another more secure method, such as returning the ballot by mail, is not available or feasible, as specified in rules promulgated by the secretary of state; or (b) If the […]
§ 1-8.3-114. Declaration
A ballot shall include or be accompanied by the signed affirmation required by the federal “Uniformed and Overseas Citizens Absentee Voting Act”, 52 U.S.C. sec. 20301 et seq. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 670, § 1, effective May 13. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. […]
§ 1-8.3-115. Use of Covered Voter’s Electronic-Mail Address
(1) The local election official shall request an electronic-mail address from each covered voter who registers to vote after May 13, 2011. An electronic-mail address provided by a covered voter shall not be made available to the public or any individual or organization other than an authorized agent of the local election official and is […]
§ 1-8.3-116. Publication of Election Notice
(1) At least one hundred days before a regularly scheduled election and as soon as practicable before an election not regularly scheduled, the secretary of state shall prepare an election notice to be used in conjunction with a federal write-in absentee ballot. The election notice shall contain a list of all of the federal and […]
§ 1-8.3-117. Covered Voter May File Complaint
Any covered voter alleging a grievance may file a complaint with the secretary of state as specified in section 1-1.5-105. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. OFFICIAL COMMENT In addition to providing an enforcement mechanism for other provisions of this act, this section would […]
§ 1-8.3-118. Uniformity of Application and Construction
In applying and construing this article, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. Source: L. 2011: Entire article added, (HB 11-1219), ch. 176, p. 671, § 1, effective May 13. OFFICIAL COMMENT The act also should be construed […]
§ 1-8.3-119. Relation to Electronic Signatures in Global and National Commerce Act
This article modifies, limits, and supersedes the federal “Electronic Signatures in Global and National Commerce Act”, 15 U.S.C. sec. 7001 et seq., but does not modify, limit, or supersede section 101 (c) of that act, 15 U.S.C. sec. 7001 (c), or authorize electronic delivery of any of the notices described in section 103 (b) of […]