Sec. 33.21.03.07. When Ballots Are Timely

A. Definition.

(1) In this regulation, the following term has the meaning indicated.

(2) Defined Term - United States.

(a) “United States” means the several states, the District of Columbia, the Commonwealth of Puerto Rico, and the Virgin Islands.

(b) “United States” does not include American Samoa, the Canal Zone, Guam, the Trust Territory of the Pacific Islands, any other territory or possession of the United States, an Army Post Office address, or a Fleet Post Office address.

B. In General. A vote-by-mail ballot is considered to have been timely received only if:

(1) The ballot is received by the local board office or at a voting center on or before 8 p.m. on the day of a special election; or

(2) The ballot:

(a) Is received by the local board office from the United States Postal Service or a private mail carrier on or before 10 a.m. on the second Friday after a special election; and

(b) Was mailed on or before the day of the special election, as verified:

(i) By a postmark of the United States Postal Service, an Army Post Office, a Fleet Post Office, or the postal service of any other country; or

(ii) By the voter’s affidavit that the ballot was completed and mailed on or before the day of the special election, if the return envelope does not contain a postmark or the postmark is illegible.

C. Untimely Ballots. A vote-by-mail ballot that is not timely received as provided in this regulation may not be counted.