25-1136. Advance voting; provisional ballots; challenged and objected to ballots; procedures.
25-1136
25-1136. Advance voting; provisional ballots; challenged and objected toballots;procedures.(a) The vote of any advance voting voter may be challenged inthe same manneras other votes are challenged, as nearly as may be, and the judges of thespecial election board shall determine the validity of eachadvance votingballot. Whenever the judges determine that the form accompanying an advancevoting ballot is insufficient, or that the voter isnot a registeredvoter, or the challenge is otherwise sustained, the advancevoting ballotenvelope shall not be opened. In all such cases, the judges shall endorseon the back of the envelope the word "provisional" andstate the reason forsustaining the challenge.
(b) Any advance voting ballot envelope which has not beensigned shall not beopened, and no vote on the ballot therein shall be counted. Such envelopeor ballot shall be challenged in the same manner in which other votes arechallenged.
(c) Whenever it shall be made to appear to the judges of aspecialelection board by sufficient proof that an advance votingvoter has died, theenvelope containing the advance voting ballot of such deceasedvoter shall not beopened. In all such cases, the judges shall endorse on the back of theenvelope the word "provisional" and the reason forsustaining the challenge.
(d) If objection is made to an advance voting ballotbecause of form,condition, or marking thereof, the ballot shall be marked "void" if thejudges uphold the objection to the entire ballot, and otherwise shall bemarked on the back thereof, "objected to" with a statement of the substanceof the objection.
(e) Void, provisional and objected to advance votingballotsshall betransmitted to the county election officer in the same manner as personallycast provisional ballots are transmitted but shall be placedin separateenvelopes or sacks, appropriately labeled and sealed. Votes contained in voidand provisional advance voting ballots shall not be included inthetotal of votescertified by the special election board. Void, provisionaland objected to advance voting ballots shall be reviewed by the board ofcounty canvassers, andsuch board shall finally determine the acceptance or rejection of eachvoid, provisional or objected to ballot.
History: L. 1973, ch. 155, § 6;L. 1993, ch. 287, § 6;L. 1995, ch. 192, § 37;L. 1996, ch. 187, § 4; Apr. 25.