No. 27406: R623-4. Uniform Procedures for Military and Overseas Citizens Absentee Applicationsand Ballots

DAR File No.: 27406
Filed: 09/03/2004, 11:52
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this rule is to allow for the electronic transmission and acceptance of the Federal Postcard Application (FPCA) and ballots from military and overseas voters who are currently deployed in hostile fire zones or areas where mail service is not sufficient to accommodate the timely mailing of election materials.

 

Summary of the rule or change:

This rule allows voters in hostile fire zones or other areas where mail service is unreliable to apply for an absentee ballot using electronic means. This rule also allows county clerks to send ballots electronically to these voters.

 

State statutory or constitutional authorization for this rule:

Uniformed and Overseas Absentee Voting Act of 1986 (UOCAVA), 42 U.S.C. 1973; Sections 20A-3-401 through 20A-3-413; and Subsection 67-1a-2(2)(a)(ii)

 

Anticipated cost or savings to:

the state budget:

The county clerks send and receive absentee ballot applications as well as other election material, including ballots. The State does not incur any costs in the transmission of election materials.

 

local governments:

County clerks may see some savings in postage and printed materials. The population of voters eligible to transmit materials electronically is very small and this will not be a significant savings. The time spent on electronic transmission will be equal to the time spent on regular mailing of ballots.

 

other persons:

There will be a small savings to other persons who will not incur the expense of postage. The population of voters eligible to transmit materials electronically is very small and this will not be a significant savings. Military citizens have access to the Defense Switch Network which allows them to access electronic equipment at no cost.

 

Compliance costs for affected persons:

This rule affects county clerks and a limited number of overseas and military voters. Since the transmission of ballots is a normal part of the election process, this rule does not add costs to the process.

 

Comments by the department head on the fiscal impact the rule may have on businesses:

Ballots transmitted electronically will reduce the number of ballots being sent through the mail. Again, the population of voters eligible to transmit materials electronically is very small and this will not significantly impact the US Postal Service.

 

Emergency rule reason and justification:

Regular rulemaking procedures would cause an imminent peril to the public health, safety, or welfare and place the agency in violation of federal or state law.

Due to the large number of citizens deployed in Iraq, Afghanistan, and other remote locations, the Department of Defense (DOD), Federal Voting Assistance Program, has encouraged the states to ensure that these citizens will not be disenfranchised due to unreliable mail service. DOD has urged the states to use alternative methods of transmitting ballots in order to accommodate these voters in a letter dated July 21, 2004.

 

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Lieutenant Governor
Elections
Room E325 EAST BUILDING
420 N STATE ST
SALT LAKE CITY UT 84114-2325

 

Direct questions regarding this rule to:

Amy Naccarato at the above address, by phone at 801-538-1041, by FAX at 801-538-1133, or by Internet E-mail at [e-mail]

 

This rule is effective on:

09/10/2004

 

Authorized by:

Amy Naccarato, Director

 

 

RULE TEXT

R623. Lieutenant Governor, Elections.

R623-4. Uniform Procedures for Military and Overseas Citizens Absentee Applications and Ballots.

R623-4-1. Purpose.

The Lieutenant Governor hereby establishes this rule for the electronic transmission and acceptance of the Federal Postcard Application (FPCA) and ballots from military and overseas voters who are currently deployed in hostile fire zones or areas where mail service is not sufficient to accommodate the timely mailing of election materials.

 

R623-4-2. Authority.

This rule is promulgated under the authority of Section 67-1a-2(2)(a)(ii), Utah Code.

 

R623-4-3. Definitions.

In addition to the terms defined in Sections 20A-1-102 and 20A-3-403, Utah Code the following terms apply:

A. "Election materials" means absentee ballot applications, the FPCA, ballots and other materials necessary to facilitate the absentee voting process.

B. "Electronically" means via facsimile, electronic mail or Internet transmission.

C. "Federal Postcard Application" (FPCA) means the form created by the Federal Voting Assistance Program (FVAP) which allows military and overseas citizens to register to vote and apply for an absentee ballot.

D. "Hostile Fire Zone" means a geographical area in which forces are assigned on official temporary duty and placed in imminent danger of being exposed to hostile fire or explosion of hostile mines.

 

R623-4-4. Procedure for Accepting and Processing a FPCA.

A. Voters covered under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) who are currently deployed in a hostile fire zone or other area where the mail service is unreliable shall be allowed to transmit their FPCA form electronically to the county clerk in their county of residence.

B. The voter shall file the FPCA form no later than 20 days before the day of the election in accordance with Section 20A-3-304(3)(a)(ii), Utah Code.

C. The county clerks shall:

1. Review the FPCA form to verify that it has been timely received, properly completed and signed;

2. Register the voter, if the voter is not already registered;

3. Process the absentee ballot request; and

4. Electronically transmit a ballot to the voter who filed the FPCA form.

 

R623-5-4. Procedures for Return Ballot.

A. Voters covered under the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and who are currently deployed in a hostile fire zone or other area where the mail service is unreliable shall be allowed to transmit their ballot electronically to the county clerk in their county of residence.

B. The electronically transmitted ballot shall be accompanied by the following statement: "I understand that by electronically transmitting my voted ballot I am voluntarily waiving my right to a secret ballot. Signature of voter Date "

C. The ballot shall be electronically transmitted before the day of the election and received by the county clerk before the date of the official canvass in accordance with Section 20A-3-306(2)(b), Utah Code.

D. Upon the receipt of an electronically transmitted ballot, the county clerk shall

1. Verify the voter's signature from the FPCA and ensure that it matches the voter's signature on the return ballot.

2. Duplicate the electronically transmitted ballot onto a regular ballot used by the county for resident voters; and

3. Maintain the electronically transmitted ballot for 22 months in accordance with Section 20A-4-202(2), Utah Code.

 

R623-5-5. Intent of Rule.

A. All attempt shall be made by the voter and the county clerk to comply with the regular by-mail absentee ballot process as defined in Section 20A-3 Part 4, Utah Code, where possible.

B. Nothing in this rule shall be construed to allow absentee voters in the United States or absentee voters living in areas where the mail service is reliable to apply for an absentee ballot electronically or receive or transmit a ballot electronically.

C. In accordance with 20A-3-401, Utah Code, each election official shall liberally construe and apply this rule to make it possible for voters in hostile fire zones or areas where mail service is not sufficient to accommodate the timely mailing of election materials to vote in county, state and national elections during their absence from their voting residence.

D. The intent of this rule is to allow voters covered under this rule the right to vote in accordance with the request made by the Department of Defense as well as demonstrated need for alternative methods of transmitting election materials.

 

KEY: UOCAVA, absentee voting, military voter, overseas citizen voter

September 10, 2004

Uniformed and Overseas Absentee Voting Act of 1986, 42 U.S.C. 1973

20A-3-401 through 413

67-1a-2(2)(a)(ii)