§ 4.80.080. Absentee voting—By electronic transmission.

A.

A qualified voter may apply for an absentee ballot to be sent by electronic transmission. Such request must be made not less than the day immediately preceding the election. Absentee ballots will be electronically transmitted to the location designated in the application. If no location is designated, and if the request is received no later than seven days prior to the election, the ballot will be mailed in the manner provided in Section 4.80.070 for absentee ballots by mail. The clerk will provide reasonable conditions for electronically transmitting absentee ballots.

B.

A ballot electronically transmitted 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 United States citizen who is 18 years of age or older.

D.

The voter shall mark the ballot on or before the date of the election and shall use a mail service at least equal to first class and mail the ballot not later than the day of the election to the clerk. The ballot may not be counted unless it is received by the close of business on the 7th day after the election.

E.

A voter who returns the absentee ballot by electronic transmission 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 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 canvas 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 or more election officials the manner in which a particular absentee voter cast his or her ballot. However, it shall be unlawful to display a telefax ballot in a manner revealing the way in which a particular voter cast his or her ballot to any person other than the borough clerk, a member of the clerk's staff, an election official in the course of his or her duties, or an attorney advising the clerk on legal questions concerning the ballot.

(Ord. No. 2002-17, § 12, 6-4-02; Ord. No. 96-30, § 1, 1996; Ord. No. 94-08, § 1(part), 1994)