§ 101.697 Electronic transmission of election materials.
Overview of Statute
This statute states that it is the Department of State’s responsibility to determine whether there is an electronic means of receiving overseas ballots, and if there is, to set the system up to do so.
The Department of State shall determine whether secure electronic means can be established for receiving ballots from overseas voters. If such security can be established, the department shall adopt rules to authorize a supervisor of elections to accept from an overseas voter a request for a vote-by-mail ballot or a voted vote-by-mail ballot by secure facsimile machine transmission or other secure electronic means. The rules must provide that in order to accept a voted ballot, the verification of the voter must be established, the security of the transmission must be established, and each ballot received must be recorded.
1. Definition for Department
The Department of State.
2. Definition for Supervisor
The supervisor of elections.
3. Definition for Overseas Voter
(a) An absent uniformed services voter who, by reason of active duty or service, is absent from the United States on the date of the election involved;
(b) A person who resides outside the United States and is qualified to vote in the last place in which the person was domiciled before leaving the United States; or
(c) A person who resides outside the United States and, but for such residence, would be qualified to vote in the last place in which the person was domiciled before leaving the United States.
4. Definition for Ballot
As used in the Electronic Voting Systems Act, ballot means the card, tape, or other vehicle upon which the elector’s choices are recorded.
5. Definition for Election
Any primary election, special primary election, special election, general election, or presidential preference primary election.