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(a) Qualified voters of the City may apply for delivery of an absentee ballot. Application for delivery of an absentee ballot may not be submitted earlier than the first of the year in which the election is to be held; and

(1) Application requesting delivery by mail must be received not less than seven (7) days before an election; or

(2) Application requesting delivery by electronic transmission must be received not later than 5:00 p.m. the day preceding the election.

(b) Applications to receive an absentee ballot by mail or by electronic transmission may be submitted to the Clerk in person, by mail, by facsimile or other electronic means as prescribed by the Clerk.

(c) A qualified voter may request that their name be placed on a permanent list to receive an absentee ballot application annually.

(d) Absentee ballot applications will be on a form provided by the Clerk and will include the following:

(1) Applicant’s full name; and

(2) Applicant’s full City residence address; and

(3) By-mail delivery requests will include the address the applicant desires the absentee ballot to be mailed to; and

(4) By-electronic transmission requests include the facsimile number or email address to which the ballot is to be sent to; and

(5) A voter identifier such as a voter number, Social Security number or date of birth; and

(6) The applicant’s signature.

(e) After receipt of an application for a by-request ballot, the Clerk will as soon as the absentee voting materials are ready for distribution send the absentee voting package:

(1) By-mail absentee voting package will be sent to the applicant by first class mail and include a ballot, a secrecy sleeve, a postage-paid return absentee ballot affidavit envelope addressed to the City Clerk and instructions for returning an absentee by-mail affidavit envelope and ballot.

(2) By-electronic transmission absentee voting package will be sent to the applicant by electronic transmission and include a copy of the ballot in a form that is suitable for electronic transmission, a voter affidavit form, a return facsimile number and instructions for returning the voter affidavit form and electronic transmission ballot.

(f) The Clerk will maintain a record of absentee voters pursuant to KMC 6.30.110.

(g) Voters may proceed as follows upon receipt of the by-requested absentee ballot packet:

(1) Mark the ballot in secret; and

(i) By-Mail Ballots. Fold the ballot in half and place it in the provided secrecy sleeve, then place the secrecy sleeve containing the voted ballot into the larger postage-paid affidavit envelope; or

(ii) By-Electronic Transmission Ballots. Fold the ballot in half in a manner to preserve the secrecy of the voted ballot; and

(2) In the presence of an authorized individual as identified within this subsection, sign and date the voter certification/oath. Authorized officials include: notary public; commissioned officer of the armed forces including the National Guard; district judge or magistrate; United States postal official or other person qualified to administer oath. If no authorized official is available, the absentee voter will sign the voter certificate in the presence of an individual who is a United States citizen and eighteen (18) years of age or older; and

(3) Have the authorized official sign and date the witness affidavit portion of the affidavit envelope or electronic transmission affidavit form; and

(4) Complete the voter identification section of the return absentee affidavit envelope or electronic transmission affidavit form.

(h) Voted absentee by-request ballots will comply with subsection (g) of this section and will be returned as follows:

(1) By-mail voted ballot must be marked and attested to on or before the date of the election. If the ballot is returned by mail it must be postmarked on or before midnight of the election day and received by the Clerk no later than noon on the seventh day following the election. All absentee by-mail ballots will meet the requirements of KMC 6.30.100.

(2) By-electronic transmission ballot must be marked and attested to on or before the date of the election; and

(i) May not be returned by email; and

(ii) If returned by facsimile, must be received not later than 8:00 p.m. on the date of the election; and

(iii) If returned by mail the voter will use a mail service at least equal to first-class mail, comply with subsection (h)(1) of this section and meet the requirements of KMC 6.30.100; and

(iv) Include 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 my vote will be held as confidential as possible.

(i) The Clerk may require a voter casting an absentee ballot by mail or electronic transmission to provide proof of identification or other information to aid in the establishment of their identity.

(Repealed and Reenacted Ord. 3224-2021 (Substitute); Repealed and Reenacted Ord. 3398-2024)