Although some states say they are already printing ballots for overseas absentee ballots, at least fifteen states cannot start printing ballots yet. Three states still haven’t held their congressional primaries. They are Delaware, New Hampshire, and Rhode Island, all of which hold their congressional primaries on September 11, 2012.
As of September 9, some Colorado counties can’t print ballots because a court is still deciding whether they can contain bar codes. See this story. Also, Connecticut can’t print any ballots yet, because the State Supreme Court still hasn’t decided which party should have the top line on the ballot. The Connecticut Supreme Court will hear arguments over that on September 12.
Alabama, Arkansas, Kentucky, Mississippi, New Hampshire, New York, North Dakota, Oklahoma, Pennsylvania, and Rhode Island can’t print ballots yet because it is still not determined yet which presidential candidates will appear on the ballot. The New York deadine for qualified parties to choose presidential elector candidates is September 20. See the New York State Board of Elections calendar here. See especially “Party nominations other than primary.”
The Oklahoma Supreme Court has not yet issued any order on whether the state should postpone printing overseas absentee ballots. That Court is considering whether the Americans Elect Party should be on the ballot for President. In Michigan, although the state may already be printing overseas absentee ballots, the Secretary of State has still not said yet whether she will print the name of Gary E. Johnson of Austin, Texas on the ballot. Also the Michigan Libertarian Party is appealing its ballot access case to the Sixth Circuit.