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

1. An overseas voter as defined in the uniformed and overseas citizens absentee voting act of 1986 (P.L. P#L#99-410); 42 United States Code section 1973) who is absent from the place of residence in this state where he is otherwise qualified to vote may use a federal write-in early ballot in a general election for the offices of presidential elector and United States senator and representative in Congress if the voter applies for a regular early ballot at least thirty days before the general election and does not receive that early ballot.

2. A federal write-in early ballot of an overseas voter shall not be counted if any of the following conditions are met:
   1. The ballot is submitted from any location in the United States.

   2. The application of the overseas voter for a regular early ballot is received by the county recorder or other officer in charge of elections less than thirty days before the general election.

   3. A regular early ballot from the overseas voter is received by the county recorder or other officer in charge of elections not later than 7:00 p.m. on election day.

3. 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.

WARNING - The above text was curent June 2003, but may be outdated now.