(1) Requests for an application for an absentee voter's ballot may be made orally or in writing. Applications for absentee voters' ballots shall be filed in writing and personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to the applicant. If the applicant is unable to sign the application, the applicant shall make such applicant's mark on the application, which shall be witnessed by another person. The application shall be filed with the clerk not earlier than ninety days before and not later than the close of business on the Friday immediately preceding such regular or special election. The application may be in the form of a letter. (2) Upon receipt of an application for an absentee voter's ballot within the proper time, the clerk receiving it shall examine the records of the county clerk and recorder to ascertain whether or not the applicant is registered and lawfully entitled to vote as requested, and, if found to be so, the clerk shall deliver, as soon as practicable, but not more than seventy-two hours after the ballots have been received, to the applicant personally in the clerk's office or by mail to the mailing address given in the application for an official absentee voter's ballot, an identification return envelope with the affidavit thereon properly filled in as to precinct and residence address as shown by the records of the county clerk and recorder, and an instruction card. (2.3) The clerk shall keep a list of names of eligible electors who have applied for absentee ballots and, if applicable, of permanent absentee voters pursuant to subsection (2.5) of this section, with the date on which each application was made, the date on which the absentee voter's ballot was sent, and the date on which each absentee voter's ballot was returned. If an absentee voter's ballot is not returned, or if it is rejected and not counted, that fact will be noted on the list. The list is open to public inspection under proper regulations. (2.5) (a) The clerk may permit an eligible elector to request permanent absentee voter status. (b) Upon receipt of an application for permanent absentee voter status, the clerk shall process the application in the same manner as an application for an absentee voter's ballot. If the clerk determines that the applicant is an eligible elector, the clerk shall place the eligible elector's name on the list maintained by the municipality pursuant to subsection (2.3) of this section of those eligible electors to whom an absentee voter's ballot is mailed every time there is a polling place election conducted by the municipality from which the eligible elector has requested permanent absentee voter status. (c) (I) An eligible elector whose name appears on the list maintained pursuant to subsection (2.3) of this section as a permanent absentee voter must remain on the list and must be mailed an absentee voter's ballot for each polling place election conducted by the municipality. (II) An eligible elector must be deleted from the permanent absentee voter list if: (A) The eligible elector notifies the clerk that he or she no longer wishes to vote by absentee voter's ballot; or (B) The absentee voter's ballot sent to the eligible elector is returned to the clerk as undeliverable; or (C) The person is no longer eligible to vote in the political subdivision. (3) Before any absentee voter's ballot is delivered or mailed or before any registered elector is permitted to cast his or her vote on a voting machine, the clerk shall record such elector's name, the precinct number, and the number appearing on the stub of the ballot, together with the date the ballot is delivered or mailed. This information must be recorded on the registration record or registration list before the registration book or list is delivered to the judges of election. A separate list of the registered electors who have received absentee voters' ballots must be delivered to the judges of election in the precinct designated for counting absentee voters' ballots, or, if the clerk elects to deliver absentee voters' envelopes received from electors of each precinct to the judges of election of such precinct, as provided by section 31-10-1006, a separate list of the registered electors of each precinct who have received absentee voters' ballots must be delivered to the judges of election of each such precinct. (4) (Deleted by amendment, L. 91, p. 640, § 87, effective May 1, 1991.)
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