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H.B. 32 Enrolled

                 

OVERSEAS AND MILITARY VOTERS

                 
AMENDMENTS

                 
2002 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Don E. Bush

                  This act modifies provisions of the Election Code governing military and overseas voters by
                  modifying mailing requirements for overseas and military ballots. This act makes technical
                  corrections.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-3-408, as last amended by Chapter 373, Laws of Utah 2001
                  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 and mailing affidavit 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]:
                      (a) (i) it is 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.]
                      (ii) the voter has signed the mailing affidavit on the back of the ballot envelope and the
                  ballot is received in the office of the election officer before noon on the day of the official canvass
                  following the election.
                      (b) The county clerk shall cause a mailing affidavit to be printed on the back of the ballot
                  envelope that is in substantially the following form:
                      "I certify that I am/may be unable to obtain a proper postmark and, subject to penalty of law

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                  for false statements, swear or affirm that this ballot was voted and mailed before the day of the
                  election.
                      Signature of
                      Voter______________________________________________________________
                      Date____________________________________________________________________
                      To be signed when voter is physically unable to see or write:
                      ______________________________________________________Signature of additional
                  witness who is a commissioned, noncommissioned, or petty officer not below the rank of sergeant
                  or its equivalent, or another person authorized to administer oaths who does swear, under penalty
                  of law for false statements, that at the request of _____________________(name of the voter), I
                  completed the mailing affidavit because the voter was unable to see or write because of a physical
                  disability."

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