(1) For an election for which the state has not received a waiver pursuant to the Military and Overseas Voter Empowerment Act, 52 U.S.C. Sec. 20302(g)(2), not later than 45 calendar days before the day of the election or, notwithstanding Section 20A-1-104, if the 45th calendar day before the day of the election is a weekend or holiday, not later than the business day preceding the 45th calendar day before the day of the election, the election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all covered voters who by that date submit a valid military-overseas ballot application. (2) (a) A covered voter who requests that a ballot and balloting materials be sent to the voter by electronic transmission may choose: (i) facsimile transmission; (ii) email delivery; or (iii) if offered by the voter's jurisdiction, Internet delivery. (b) The election official in each jurisdiction charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter using the means of transmission chosen by the voter. (3) If a ballot application from a covered voter arrives after the jurisdiction begins transmitting ballots and balloting materials to voters, the official charged with distributing a ballot and balloting materials shall transmit the ballot and balloting materials to the voter no later than two business days after the day on which the application arrives.
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