16-543.02. Federal write-in early ballots; procedure; registration form

A. An overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. 99-410; 42 United States Code section 1973ff-6), as amended by the Ronald W. Reagan national defense authorization act for fiscal year 2005 (P.L. 108-375), who is absent from the place of residence in this state where the voter is otherwise qualified to vote may use a federal write-in early ballot in a primary, general or special election for the offices of presidential elector and United States senator and representative in Congress if the voter applies for an early ballot by 7:00 p.m. on election day and does not receive that early ballot.

B. A federal write-in early ballot of an overseas voter shall not be counted if either of the following conditions is met:

1. The application of the overseas voter for an early ballot is received by the county recorder or other officer in charge of elections after 7:00 p.m. on election day.

2. An early ballot from the overseas voter is received by the county recorder or other officer in charge of elections by 7:00 p.m. on election day.

C. An overseas voter who completes a federal write-in early ballot may designate a candidate by writing in the name of the candidate or by writing in the name of a political party, in which case the ballot shall be counted for the candidate of that political party. In the case of the offices of president and vice-president, a vote for a named candidate or in the name of the political party shall be counted as a vote for that candidate's or party's presidential electors. Any abbreviation, misspelling or other minor variation in the form of the name of a candidate or political party shall be disregarded in determining the validity of the ballot if the intention of the voter can be ascertained.

D. For an overseas voter who completes a federal write-in early ballot transmission envelope with the federal write-in early ballot request, the transmission envelope shall serve as a voter registration form and the voter is registered to vote on completion and receipt of the transmission envelope and the federal write-in early ballot if all of the following apply:

1. The information submitted on the transmission envelope includes the information prescribed in section 16-121.01.

2. The voter is otherwise eligible to register and vote in this state.

3. The request is received by the county recorder by 7:00 p.m. on election day.

E. For any request received after 7:00 p.m. on election day, an otherwise valid transmission envelope constitutes a voter registration form that is valid for any subsequent election.