20A-3-308 - Absentee ballots in the custody of poll workers -- Disposition.
20A-3-308. Absentee ballots in the custody of poll workers -- Disposition.
(1) (a) Voting precinct poll workers shall open envelopes containing absentee ballots thatare in their custody on election day at the polling places during the time the polls are open asprovided in this Subsection (1).
(b) The poll workers shall:
(i) first, open the outer envelope only; and
(ii) compare the signature of the voter on the application with the signature on theaffidavit.
(2) (a) The poll workers shall carefully open and remove the absentee voter envelope soas not to destroy the affidavit on the envelope if they find that:
(i) the affidavit is sufficient;
(ii) the signatures correspond; and
(iii) the applicant is registered to vote in that voting precinct and has not voted in thatelection.
(b) If, after opening the absentee voter envelope, the poll worker finds that a provisionalballot envelope is enclosed, the poll worker shall:
(i) record, in the official register, whether or not the voter included valid voteridentification;
(ii) if any type of identification was included, record the type of identification providedby the voter in the appropriate space in the official register;
(iii) record the provisional ballot number on the official register; and
(iv) place the provisional ballot envelope with the other provisional ballot envelopes tobe transmitted to the county clerk.
(c) If the absentee ballot is not a provisional ballot, the poll workers shall:
(i) remove the absentee ballot from the envelope without unfolding it or permitting it tobe opened or examined;
(ii) initial the stub in the same manner as for other ballots;
(iii) remove the stub from the ballot;
(iv) deposit the ballot in the ballot box; and
(v) mark the official register and pollbook to show that the voter has voted.
(3) If the poll workers determine that the affidavit is insufficient, or that the signatures donot correspond, or that the applicant is not a registered voter in the voting precinct, they shall:
(a) disallow the vote; and
(b) without opening the absentee voter envelope, mark across the face of the envelope:
(i) "Rejected as defective"; or
(ii) "Rejected as not a registered voter."
(4) The poll workers shall deposit the absentee voter envelope, when the absentee ballotis voted, and the absentee voter envelope with its contents unopened when the absent vote isrejected, in the ballot box containing the ballots.
(5) The election officer shall retain and preserve the absentee voter envelopes in themanner provided by law for the retention and preservation of official ballots voted at thatelection.
Amended by Chapter 75, 2007 General Session