§ 17-20-6.1. Alternative methods of voting by citizens covered by the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) and other citizens residing outside the United States.
(a) It is the intent and purpose that the provisions set forth in this section are designed to facilitate the federal mandate of the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA), 52 U.S.C. § 20301 et seq.
(b) The Federal Post Card Application (FPCA) may be used as a request for an absentee ballot by:
(1) A member of the armed forces who is absent from the state by reason of being in active service;
(2) Any person absent from the state in performance of “services intimately connected with military operations” as defined in § 17-20-3(d);
(3) Any person who is employed outside of the United States as defined in § 17-20-3(c); and
(4) Any person who does not qualify under subparagraph (1), (2), or (3) above, but who is a citizen of the United States and absent from the state and residing outside the United States as described in chapter 21.1 of this title.
(c) The single FPCA card shall permit the person to request an absentee ballot for each primary and election through the next general election for federal office or for the time period specified by federal law in which the voter is eligible to vote.
(d) The FPCA card must be received by the local board of canvassers where the person last maintains his or her residence for voting purposes within the time frame for applying for absentee ballots as set forth in this title.
(e) If the FPCA, when used in accordance with this section, is sent by the voter through electronic transmission, it must be sent to the secretary of state and it must be received by the secretary of state by the deadline for applying for absentee ballots as set forth in this title. The secretary of state shall then forward the FPCA to the appropriate local authority who shall immediately certify and return the FPCA to the secretary of state with the notation that the corresponding ballots shall be sent by mail and electronic transmission. The secretary of state shall approve electronically transmitted ballots to and from eligible voters only through a service or solution that meets the following requirements:
(1) The system has had one or more independent security reviews;
(2) Demonstrates the system meets the National Institute of Standards and Technology (NIST) Cybersecurity Framework guidelines or federal cybersecurity framework guidelines of a successor designated federal agency or organization; and
(3) Approved by the secretary of state.
The ballots sent by electronic transmission shall be returned to the state board by electronic transmission. These ballots will be counted at the state board in accordance with rules and regulations promulgated by the state board.
(f) The voter’s signature on the FPCA does not need to be witnessed or notarized, when the FPCA is submitted as provided in this section.
(g) If a voter is casting a mail ballot received through the use of the FPCA card as provided in this section, the voter’s signature does not need to be witnessed or notarized on the certifying envelope used for the return of the voted mail ballot.
History of Section.
P.L. 1999, ch. 358, § 2; P.L. 2001, ch. 56, § 1; P.L. 2001, ch. 121, § 1; P.L. 2003,
ch. 234, § 3; P.L. 2005, ch. 354, § 1; P.L. 2005, ch. 396, § 1; P.L. 2005, ch. 410,
§ 10; P.L. 2012, ch. 255, § 1; P.L. 2012, ch. 267, § 1; P.L. 2022, ch. 188, § 1, effective
June 27, 2022; P.L. 2022, ch. 189, § 1, effective June 27, 2022.