§ 163-166.8. Assistance to voters.

§ 163‑166.8.  Assistance to voters.

(a)        Any registered voter qualified to vote in the election shallbe entitled to assistance with entering and exiting the voting booth and inpreparing ballots in accordance with the following rules:

(1)        Any voter is entitled to assistance from the voter's spouse,brother, sister, parent, grandparent, child, grandchild, mother‑in‑law,father‑in‑law, daughter‑in‑law, son‑in‑law,stepparent, or stepchild, as chosen by the voter.

(2)        A voter in any of the following four categories is entitledto assistance from a person of the voter's choice, other than the voter'semployer or agent of that employer or an officer or agent of the voter's union:

a.         A voter who, on account of physical disability, is unable toenter the voting booth without assistance.

b.         A voter who, on account of physical disability, is unable tomark a ballot without assistance.

c.         A voter who, on account of illiteracy, is unable to mark aballot without assistance.

d.         A voter who, on account of blindness, is unable to enter thevoting booth or mark a ballot without assistance.

(b)        A qualified voter seeking assistance in an election shall,upon arriving at the voting place, request permission from the chief judge tohave assistance, stating the reasons. If the chief judge determines that suchassistance is appropriate, the chief judge shall ask the voter to point out andidentify the person the voter desires to provide such assistance. If theidentified person meets the criteria in subsection (a) of this section, thechief judge shall request the person indicated to render the assistance. Thechief judge, one of the judges, or one of the assistants may provide aid to thevoter if so requested, if the election official is not prohibited bysubdivision (a) (2) of this section. Under no circumstances shall any precinctofficial be assigned to assist a voter qualified for assistance, who was notspecified by the voter.

(c)        A person rendering assistance to a voter in an electionshall be admitted to the voting booth with the voter being assisted. The StateBoard of Elections shall promulgate rules governing voter assistance, and thoserules shall adhere to the following guidelines:

(1)        The person rendering assistance shall not in any manner seekto persuade or induce any voter to cast any vote in any particular way.

(2)        The person rendering assistance shall not make or keep anymemorandum of anything which occurs within the voting booth.

(3)        The person rendering assistance shall not, directly orindirectly, reveal to any person how the assisted voter marked ballots, unlessthe person rendering assistance is called upon to testify in a judicialproceeding for a violation of the election laws. (2001‑460, s. 3.)