25-2433. Advance voting suppression.
25-2433
25-2433. Advance voting suppression.Advance voting suppression is knowingly, with intent toimpede, obstruct or exert undue influence on the election process: (a)Destroying oraltering another person's advancevoting ballot applied for, or completed, by a registered voter,unless such registered voter consents in writing to such destruction oralteration;
(b) obstructing the delivery of an advance voting ballot to a voter or acompleted advance votingballot to the county election officer;
(c) failing to deliver any such advance voting ballot to the appropriatecounty election officerwithin two business days or before the close of polls on election day,whichever first occurs;
(d) exercising undue influence upon an advance voter in applying for,delivering or marking anadvance voting ballot; or
(e) opening an advance voting ballot envelope sealed by the voter orexamining or disclosing thecontents of such voter's advance voting ballot except as required to fulfillofficial duties asotherwise prescribed by law.
(f) Delivering an advance voting ballot to the United States mail, withfirst-class postage attached, at least five calendar days prior to election dayfor delivery to the county election officer shall not be a violation of thissection.
(g) As used in this section:
(1) "Undue influence" means coercion, compulsion or restraint as to diminishthe voter's free agency, and by overcoming the power of resistance, obliges orcauses such voter to adopt the will of another; and
(2) "deliver" means hand-deliver, mail or otherwise transmit an advancevoting ballot.
Advance voting suppression is a severity level 9, nonperson felony.
History: L. 2007, ch. 196, § 5; May 24.