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(a) A qualified voter may apply to the City Clerk for an absentee ballot to be sent to the voter by electronic transmission. Such application must be made by the voter not less than the day immediately preceding the election. Absentee ballots will be transmitted electronically to the location (facsimile number, e-mail address, or similar designation) designated in the application. If no location is designated, and if the application is received no later than seven (7) days prior to the election, the ballot will be mailed in the manner provided in KMC 6.05.140 for delivering absentee ballots by mail. The Clerk will provide reasonable conditions for transmitting absentee ballots electronically.

(b) The voter may return the ballot by mail or by electronic transmission. An electronically-transmitted ballot shall contain a copy of the ballot to be used at the election in a form suitable for transmission. A photocopy of the computerized ballot card to be used by persons voting in person at the polling places is acceptable.

(c) An absentee ballot that is completed and returned by the voter by electronic transmission must:

(1) Contain the following statement: “I understand that by using electronic transmission to return my marked ballot, I am voluntarily waiving a portion of my right to a secret ballot to the extent necessary to process my ballot, but expect that my vote will be held as confidential as possible.” Followed by the voter’s signature and date of signature; and

(2) Be accompanied by a statement executed under oath as to the voter’s identity; the statement under oath must be witnessed by one (1) United States citizen who is eighteen (18) years of age or older.

(d) The voter may return the ballot by mail. The ballot must be marked, attested, and returned in accordance with KMC 6.05.170(d) if the voter returns the ballot by mail.

(e) If the voter returns the ballot by electronic transmission, the voter must comply with the same deadlines as for voting in person on or before the closing hour of the polls.

(f) When a completed absentee ballot is received by the City through electronic transmission, the Clerk will note the date of receipt on the absentee ballot application log and, if the ballot is received on Election Day, the time of receipt. The Clerk will then:

(1) Remove the ballot portion of the transmission from the portion that identifies the voter;

(2) Place the ballot portion in a secrecy sleeve;

(3) Seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal that envelope;

(4) Attach the voter identification portion to the outer envelope; and

(5) Forward the outer sealed envelope to the Canvassing Board for review.

(g) An electronically-transmitted ballot shall be counted in the same manner as other absentee ballots, even though this procedure may reveal to one (1) or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display an electronic ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the City Clerk, a member of the Clerk’s staff, an information technologies technician retained by the City, an election official in the course of his or her duties, or an attorney advising the Clerk on legal questions concerning the ballot.

(Ords. 2108-2005, 2556-2011)

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