25-1216. Same; application for ballots; application for registration and ballot by facsimile; transmission of voted ballot by facsimile.
25-1216
25-1216. Same; application for ballots;application for registration and ballot by facsimile; transmission of votedballot by facsimile.(a) Every person who is qualified and eligible to vote by federal servicesabsentee ballot under the provisions of this act may make application forsuch ballot to the county election officer of the county of such voter'sresidence or to the secretary of state. Such application shall be made bypostcard application provided for and prescribed in the federal act or on aform to be prescribed by the secretary of state.Any such application shall be valid for any election at which suchvoter otherwise is entitled to vote between the date of the application throughthe next two regularly scheduled general elections for national or stateoffice.
(b) If the voter is residing outside the United States or is a member ofthe United States armed forces or a spouse or dependent of a member of thearmed forces and a qualified elector and cannot vote timely by mail, the votermay apply for registration and an absentee ballot by facsimile. The voter mayalso request that the county election officer transmit to such voter byfacsimile a ballot, or a second ballot, as the case may be. The voter may theneither mail or transmit by facsimile such voter's voted ballot, back to thecounty election officer.
If the voter chooses to transmit the voted ballot to the county electionofficer by facsimile, the transmittal shall contain the following statement: "Iunderstand that by faxing my voted ballot I am voluntarily waiving my right toa secret ballot." This statement shall be followed by the voter's signatureand the date. Upon receipt of the transmittal, the county election officershall place the voted ballot along with the signed statement and affidavit inan appropriately marked envelope and seal it. The county election officer andsuch officer's staff shall take the steps necessary to keep the voted ballotsreceived by facsimile as confidential as practicable.
History: L. 1943, ch. 160, § 3; L. 1953, ch. 197, § 3; L. 1955, ch. 209, § 3;L. 1957, ch. 232, § 3; L. 1972, ch. 135, § 3;L. 1989, ch. 108, § 2;L. 1994, ch. 148, § 1;L. 2004, ch. 25, § 7; July 1.