The Maine Secretary of State has determined that any qualified party will be permitted to choose a nominee for Kennebec County Judge of Probate by September 30. Normally a state would insist that it is too late for any candidates’ names to be added to the November 8 ballot, because federal law requires all states to mail their overseas absentee ballots by September 24. But in this case, the incumbent Democratic office-holder died, so a new officer will be elected on November 8. See this story. Thanks to Thomas MacMillan for the link.
The incumbent was in the middle of his term, so this is a special election coincident with the general election. Also, the federal law only applies to federal elections.
Some states make a distinction for state and local offices, between someone who is temporarily overseas, in which case they aren’t really different than someone outside the county who is sent an absentee ballot; and someone who who has no plans to return. The federal absentee ballot application has wording that may confuse voters. Someone who has indefinite plans to return to the US, may include someone who has lived in Australia for 40 years, and has children, grandchildren, and great-grandchildren living there, and may be an Australian citizen; and someone who hasn’t booked a returned flight.
In Texas, there was a contested legislative election, in which some voters had indicated on the application for an absentee ballot that they were indefinite about their return, and were sent a regular ballot which had many offices X’ed out. The voter had voted a straight ticket, so there was an issue whether they had voted for the legislative office that may have been incorrectly X’ed out. The solution was to eliminate the distinction between federal and legislative offices, as to which may be voted.