§ § 16.1-07-23Transmission of unvoted ballots.

1. For all covered elections for which this state has not received a waiver under the
Military and Overseas Voter Empowerment Act [42 U.S.C. 1973ff-1(g)(2)] not later than
forty-five days before the election or, if the forty-fifth day before the election is a
weekend or holiday, not later than the business day preceding the forty-fifth day, the
appropriate election official shall transmit ballots and balloting materials to all covered
voters who by that date submit a valid military-overseas ballot application.
2. A covered voter who requests a ballot and balloting materials be sent to the voter by
electronic transmission may choose facsimile transmission, electronic mail, or other
electronic delivery approved by the secretary of state. The election official 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 election official begins
transmitting ballots and balloting materials to voters, the official shall transmit them to
the voter not later than two business days after the application arrives.