History: R.S. 1923, 25-1101; L. 1929, ch. 179, § 1; L. 1943, ch. 159, § 1; L. 1965, ch. 245, § 1; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1102; L. 1929, ch. 179, § 2; L. 1943, ch. 159, § 2; L. 1953, ch. 197, § 8; L. 1965, ch. 245, § 2; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1103; L. 1929, ch. 179, § 3; L. 1943, ch. 159, § 3; L. 1953, ch. 197, § 9; L. 1965, ch. 245, § 3; Repealed, L. 1967, ch. 208, § 19; July 1.
History: R.S. 1923, 25-1104; L. 1929, ch. 179, § 4; L. 1941, ch. 230, § 1; L. 1943, ch. 159, § 4; L. 1955, ch. 208, § 1; L. 1965, ch. 245, § 4; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 5; R.S. 1923, 25-1105; L. 1929, ch. 179, § 5; L. 1943, ch. 159, § 5; L. 1949, ch. 256, § 2; L. 1965, ch. 245, § 5; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 6; R.S. 1923, 25-1106; L. 1929, ch. 179, § 6; L. 1943, ch. 159, § 6; L. 1949, ch. 256, § 3; L. 1961, ch. 204, § 1; L. 1965, ch. 245, § 6; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 7; R.S. 1923, 25-1107; Repealed, L. 1943, ch. 159, § 9; June 28.
History: L. 1919, ch. 189, § 8; R.S. 1923, 25-1108; L. 1929, ch. 179, § 7; L. 1943, ch. 159, § 7; L. 1965, ch. 245, § 7; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 9; R.S. 1923, 25-1109; L. 1929, ch. 179, § 8; L. 1943, ch. 159, § 8; L. 1965, ch. 245, § 8; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 10; R.S. 1923, 25-1110; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, §§ 11, 12; R.S. 1923, 25-1111, 25-1112; L. 1965, ch. 245, §§ 9, 10; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1919, ch. 189, § 13; R.S. 1923, 25-1113; Repealed, L. 1967, ch. 208, § 19; July 1.
History: L. 1967, ch. 208, § 1; July 1.
(b) "Primary election" means the election held on the first Tuesday in August of even-numbered years, the election held five weeks preceding the election on the first Tuesday in April, and any other preliminary election at which part of the candidates for special election to any national, state, county, city or school office are eliminated by the process of the election but at which no officer is finally elected.
History: L. 1967, ch. 208, § 2; L. 1983, ch. 123, § 2; Jan. 27.
(b) "State election" means the election of state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County election" means the election of such county officers as are provided by law to be elected.
(d) "City election" means the election of such city officers as are provided by law to be elected.
(e) "School election" means the election of members of the governing body of a school district or a community college.
History: L. 1967, ch. 208, § 3; L. 1976, ch. 181, § 5; L. 1986, ch. 115, § 75; Jan. 12, 1987.
(b) "Election officer" means the county clerk or the election commissioner, if there is one, or the city clerk when specifically charged by law to conduct a particular election.
(c) "Ballot" or "advance voting ballot" means the ballot a voter casts, except ballots cast under the authority of K.S.A. 25-1214 through 25-1228 and amendments thereto.
History: L. 1967, ch. 208, § 4; L. 1995, ch. 192, § 27; L. 1996, ch. 187, § 23; Apr. 25.
(b) "State office" or "state officer" means the state officers elected on a statewide basis, members of the house of representatives and state senators, members of the state board of education, district judges, district magistrate judges and district attorneys.
(c) "County office" or "county officer" means such county officers as are provided by law to be elected.
(d) "City office" or "city officer" means such city officers as are provided by law to be elected.
(e) "School office" or "school officer" means members of the governing body of any school district or community college.
History: L. 1967, ch. 208, § 5; L. 1976, ch. 181, § 6; L. 1986, ch. 115, § 76; Jan. 12, 1987.
(b) The votes of such electors shall be cast and received and canvassed as provided in this act.
History: L. 1967, ch. 208, § 6; L. 1968, ch. 127, § 1; L. 1972, ch. 134, § 1; L. 1976, ch. 182, § 1; L. 1978, ch. 140, § 1; L. 1980, ch. 109, § 1; L. 1981, ch. 167, § 1; L. 1995, ch. 192, § 17; July 1.
The county election officer of any county may number such advance voting
ballots. If the county election officer of any county elects to prepare
advance voting ballots and ballot envelopes without identifying consecutive
numbers, such officer
shall prepare and distribute such ballots and envelopes in accordance with
a plan approved by the secretary of state.
If the county election officer elects to number such ballots, all advance
voting ballots shall be consecutively numbered, and the ballot envelope for
each ballot, if such envelope is required as provided in K.S.A. 25-1123, and
amendments thereto, shall bear the same number as the ballot. The ballot
envelope shall also bear a declaration in substance as follows:
"I ___________________ do hereby declare that I marked the enclosed ballot and that such ballot was enclosed and sealed in this envelope by me. My legal residence is in the _____________ precinct, ______________ township, (or, in the ________________ precinct of the ______________ ward, ______________ street in the city of ______________), in the county of ______________, state of Kansas.
(Signed) ______________."
The ballot envelope shall also contain a statement advising the voter that the signed envelope will be separated from the ballot to guarantee the confidentiality of the vote cast.
The ballot envelope to be used for voting by a former precinct resident shall also state the place of former residence of the voter and the date of removal therefrom to the voter's present residence.
History: L. 1967, ch. 208, § 7; L. 1972, ch. 134, § 2; L. 1973, ch. 154, § 1; L. 1978, ch. 137, § 8; L. 1978, ch. 140, § 2; L. 1983, ch. 124, § 1; L. 1990, ch. 123, § 1; L. 1992, ch. 45, § 1; L. 1993, ch. 287, § 5; L. 1995, ch. 192, § 18; July 1.
History: L. 1967, ch. 208, § 8; L. 1972, ch. 134, § 3; L. 1978, ch. 140, § 3; L. 1995, ch. 192, § 19; July 1.
(b) If the registered voter is applying for an advance voting ballot to be transmitted in person, and such voter is a first-time voter, such voter shall provide a form of valid identification such as a current and valid Kansas driver's license, nondriver's identification card, utility bill, bank statement, paycheck, government check or other government document containing the voter's current name and address as indicated on the registration book. Such voter shall not be required to provide identification if such voter has previously provided current and valid identification in the county where registered.
(c) If the registered voter is applying for an advance voting ballot to be transmitted by mail, and such voter is a first-time voter, such voter shall provide on the application for an advance voting ballot the voter's current and valid Kansas driver's license number, nondriver's identification card number or the last four digits of the voter's social security number, or shall provide with the application a copy of the voter's current and valid Kansas driver's license, nondriver's identification card, utility bill, bank statement, paycheck, government check or other government document containing the voter's current name and address as indicated on the registration book. Such voter shall not be required to provide identification if such voter has previously provided current and valid identification in the county where registered.
(d) If a first-time voter is unable or refuses to provide current and valid identification, or if the name and address do not match the voter's name and address on the registration book, the voter may vote a provisional ballot according to K.S.A. 25-409, and amendments thereto. The voter shall provide a valid form of identification as defined in subsection (c) of this section to the county election officer in person or provide a copy by mail or electronic means before the meeting of the county board of canvassers. At the meeting of the county board of canvassers the county election officer shall present copies of identification received from provisional voters and the corresponding provisional ballots. If the county board of canvassers determines that a voter's identification is valid and the provisional ballot was properly cast, the ballot shall be counted.
(e) Applications for advance voting ballots to be transmitted to the voter by mail shall be filed only at the following times:
(1) For the primary election occurring on the first Tuesday in August in even-numbered years, between April 1 of such year and the last business day of the week preceding such primary election.
(2) For the general election occurring on the Tuesday succeeding the first Monday in November in even-numbered years, between 90 days prior to such election and the last business day of the week preceding such general election.
(3) For the primary election held five weeks preceding the first Tuesday in April, between January 1 of the year of such election and the last business day of the week preceding such primary election.
(4) For the general election occurring on the first Tuesday in April, between January 1 of the year of such election and the last business day of the week preceding such general election.
(5) For question submitted elections occurring on the date of a primary or general election, the same as is provided for ballots for election of officers at such election.
(6) For question submitted elections not occurring on the date of a primary or general election, between the time of the first published notice thereof and the last business day of the week preceding such question submitted election, except that if the question submitted election is held on a day other than a Tuesday, the county election officer shall determine the final date for mailing of advance voting ballots, but such date shall not be more than three business days before such election.
(7) For any special election of officers, at such time as is specified by the secretary of state.
(8) For the presidential preference primary, between January 1 of the year in which such primary is held and the last business day of the week preceding such primary election.
The county election officer of any county may receive applications prior to the time specified in this subsection (e) and hold such applications until the beginning of the prescribed application period. Such applications shall be treated as filed on that date.
(f) Unless an earlier date is designated by the county election office, applications for advance voting ballots transmitted to the voter in person in the office of the county election officer shall be filed on the Tuesday next preceding the election and on each subsequent business day until no later than 12:00 noon on the day preceding such election. If the county election officer so provides, applications for advance voting ballots transmitted to the voter in person in the office of the county election officer also may be filed on the Saturday preceding the election. Upon receipt of any such properly executed application, the county election officer shall deliver to the voter such ballots and instructions as are provided for in this act.
An application for an advance voting ballot filed by a voter who has a temporary illness or disability or who is not proficient in reading the English language or by a person rendering assistance to such voter may be filed during the regular advance ballot application periods until the close of the polls on election day.
In any county having a population exceeding 250,000, the county election officer may designate places other than the central county election office as satellite advance voting sites. At any satellite advance voting site, a registered voter may obtain an application for advance voting ballots, such ballots and instructions shall be delivered to the voter in the same manner and subject to the same limitations as otherwise provided by this subsection.
(g) Any person having a permanent disability or an illness which has been diagnosed as a permanent illness is hereby authorized to make an application for permanent advance voting status. Applications for permanent advance voting status shall be in the form and contain such information as is required for application for advance voting ballots and also shall contain information which establishes the voter's right to permanent advance voting status.
(h) On receipt of any application filed under the provisions of this section, the county election officer shall prepare and maintain in such officer's office a list of the names of all persons who have filed such applications, together with their correct post office address and the precinct, ward, township or voting area in which such persons claim to be registered voters or to be authorized by law to vote as former precinct residents and the present resident address of each applicant. Such names and addresses shall remain so listed until the day of such election. The county election officer shall maintain a separate listing of the names and addresses of persons qualifying for permanent advance voting status. All such lists shall be available for inspection upon request in compliance with this subsection by any registered voter during regular business hours. The county election officer upon receipt of such applications shall enter upon a record kept by such officer the name and address of each applicant, which record shall conform to the list above required. Before inspection of any advance voting ballot application list, the person desiring to make such inspection shall provide to the county election officer identification in the form of driver's license or other reliable identification and shall sign a log book or application form maintained by such officer stating such person's name and address and showing the date and time of inspection. All records made by the county election officer shall be subject to public inspection, except that the voter identification information required by subsections (b) and (c) and the identifying number on ballots and ballot envelopes and records of such numbers shall not be made public.
(i) If a person on the permanent advance voting list fails to vote in two consecutive general elections held on the Tuesday succeeding the first Monday in November of each even-numbered year, the county election officer may mail a notice to such voter. Such notice shall inform the voter that the voter's name will be removed from the permanent advance voting list unless the voter renews the application for permanent advance voting status within 30 days after the notice is mailed. If the voter fails to renew such application, the county election officer shall remove the voter's name from the permanent advance voting list. Failure to renew the application for permanent advance voting status shall not result in removal of the voter's name from the voter registration list.
(j) For the purposes of this section, "first-time voter" means a registered voter who has not previously voted in any election in the county in which the voter desires to vote. First-time voter includes a person whose name was removed from the county registration list in accordance with K.S.A. 25-2316c, and amendments thereto, and who has re-registered.
(k) The secretary of state may adopt rules and regulations defining valid forms of identification.
History: L. 1967, ch. 208, § 9; L. 1968, ch. 406, § 144; L. 1972, ch. 134, § 4; L. 1973, ch. 154, § 2; L. 1976, ch. 183, § 1; L. 1978, ch. 140, § 4; L. 1978, ch. 142, § 1; L. 1980, ch. 110, § 1; L. 1981, ch. 168, § 1; L. 1983, ch. 123, § 3; L. 1984, ch. 140, § 1; L. 1995, ch. 192, § 20; L. 1996, ch. 187, § 24; L. 1997, ch. 124, § 1; L. 1999, ch. 105, § 12; L. 2000, ch. 151, § 1; L. 2001, ch. 81, § 9; L. 2001, ch. 211, § 5; L. 2004, ch. 93, § 1; July 1.
Such machines shall be of a make certified by the secretary of state and shall be sealed in a manner to allow tabulation of the total vote only at the time of the closing of the polls on the day of the election for which such machines are used.
History: L. 1974, ch. 155, § 1; L. 1980, ch. 110, § 2; L. 1984, ch. 141, § 3; L. 1995, ch. 192, § 28; L. 1996, ch. 187, § 25; Apr. 25.
The county election officer shall also take the proper security measures to assure that such machines are not damaged or tampered with in any manner during their use and prior to and during tabulation of ballots.
History: L. 1974, ch. 155, § 2; July 1.
History: L. 1974, ch. 155, § 3; L. 1995, ch. 192, § 29; July 1.
Affirmation of an Elector of the County of ______________ and State of Kansas Desiring to Vote an Advance Voting Ballot
State of ______________, County of ______________, ss:
I,
do solemnly affirm under penalty of perjury that I am a qualified elector of the ______________ precinct of the ______________ ward, residing at number _______________ on __________________ street, city of _________, or in the township of __________, county of __________, and state of Kansas. My date of birth is ______________________(month/day/year).
I understand that if I have not previously voted in any election in this county and I have not previously submitted valid identification, I must provide one of the following forms of identification with this application in order to receive a ballot:
(1) A current and valid Kansas driver's license number or nondriver's identification card number; or
(2) the last four digits of my social security number; or
(3) a copy of a current and valid Kansas driver's license or nondriver's identification card, utility bill, bank statement, paycheck, government check, or other government document that shows my name and address.
I am entitled to vote an advance voting ballot and I have not voted and will not otherwise vote at the election to be held on __________ (date). My political party is ________ (to be filled in only when requesting primary election ballots). I desire my ballots to be sent to the following address
_______________________________________
_______________________________________
Signature of voter.
Note: False statement on this affirmation is a severity level 9, nonperson felony.
(b) The application for an advance voting ballot to be
transmitted in person shall be accompanied by an affirmation in
substance as follows:
Affirmation of an Elector of the County of ______________ and State of Kansas Desiring to Vote an Advance Voting Ballot
State of ______________, County of ______________, ss:
I,
do solemnly affirm under penalty of perjury that I am a qualified elector of the ______________ precinct of the ______________ ward, residing at number _______________ on __________________ street, city of _________, or in the township of __________, county of __________, and state of Kansas. My date of birth is ______________________(month/day/year).
I understand that if I have not previously voted in any election in this county and I have not previously submitted valid identification, I must provide one of the following forms of identification with this application in order to receive a ballot: a current and valid Kansas driver's license or nondriver's identification card, utility bill, bank statement, paycheck, government check or other government document that shows my name and address.
I am entitled to vote an advance voting ballot and I have not voted and will not otherwise vote at the election to be held on __________ (date). My political party is ________ (to be filled in only when requesting primary election ballots).
_______________________________________
_______________________________________ Signature of voter.
Note: False statement on this affirmation is a severity level 9, nonperson felony.
(c) An application for permanent advance voting status shall be on a form prescribed by the secretary of state for this purpose. Such application shall contain an affirmation concerning substantially the same information required in subsection (a) and in addition thereto a statement regarding the permanent character of such illness or disability.
(d) Any application by a former precinct resident shall state both the former and present residence, address, precinct and county of such former precinct resident and the date of change of residence.
History: L. 1978, ch. 140, § 5; L. 1980, ch. 109, § 2; L. 1984, ch. 140, § 2; L. 1995, ch. 192, § 21; L. 1996, ch. 187, § 26; L. 2000, ch. 49, § 2; L. 2004, ch. 93, § 2; July 1.
History: L. 1967, ch. 208, § 9; L. 1968, ch. 406, § 144; L. 1972, ch. 134, § 4; L. 1973, ch. 154, § 2; L. 1976, ch. 183, § 1; L. 1978, ch. 140, § 4; L. 1978, ch. 142, § 1; L. 1980, ch. 110, § 1; L. 1981, ch. 168, § 1; L. 1983, ch. 123, § 3; L. 1984, ch. 141, § 2; Repealed, L. 1993, ch. 287, § 15; July 1.
History: L. 1999, ch. 105, § 15; L. 2003, ch. 112, § 1; July 1.
(b) The restrictions in subsection (a) relating to where a county election officer may transmit an advance voting ballot shall not apply to an advance voting ballot requested pursuant to an application for an advance voting ballot filed by a voter who has a temporary illness or disability or who is not proficient in reading the English language.
(c) The county election officer shall compare the driver's license number, nondriver's identification card number, social security number or copy of other valid identification provided by a first-time voter to the voter registration list verified by the division of motor vehicles in accordance with federal law. If no identification information was provided by the first-time voter, or if such information does not match the information on the voter registration list, the county election officer shall not transmit an advance voting ballot.
History: L. 1967, ch. 208, § 10; L. 1972, ch. 134, § 5; L. 1973, ch. 154, § 3; L. 1975, ch. 210, § 1; L. 1978, ch. 140, § 6; L. 1984, ch. 140, § 3; L. 1995, ch. 192, § 22; L. 1996, ch. 187, § 27; L. 1997, ch. 124, § 2; L. 1999, ch. 105, § 13; L. 2004, ch. 93, § 3; July 1.
(b) Any sick, physically disabled or illiterate voter who is unable to apply for or mark or transmit an advance voting ballot, may request assistance by a person who has signed a statement required by subsection (d) in applying for or marking an advance voting ballot.
(c) Any voted ballot may be transmitted to the county election officer by the voter or by another person upon request of the voter. Any such voted ballot shall be transmitted to the county election officer before the close of the polls on election day.
(d) The county election officer shall allow a person to assist a sick, physically disabled or illiterate voter in applying for or marking an application or advance voting ballot, provided a written statement is signed by the person who renders assistance to the sick, physically disabled or illiterate voter and submitted to the county election officer with the application or ballot. The statement shall be on a form prescribed by the secretary of state and shall contain a statement from the person providing assistance that the person has not exercised undue influence on the voting decision of the sick, physically disabled or illiterate voter and that the person providing assistance has completed the application or marked the ballot as instructed by the sick, physically disabled or illiterate voter.
(e) Any person assisting a sick, physically disabled or illiterate voter in applying for or marking an advance voting ballot who knowingly and willfully fails to sign and submit the statement required by this section or who exercises undue influence on the voting decision of such voter shall be guilty of a severity level 9 nonperson felony.
History: L. 1967, ch. 208, § 11; L. 1972, ch. 134, § 6; L. 1973, ch. 155, § 1; L. 1978, ch. 137, § 9; L. 1984, ch. 141, § 1; L. 1990, ch. 124, § 1; L. 1995, ch. 192, § 23; L. 1996, ch. 187, § 28; L. 1997, ch. 124, § 3; L. 1999, ch. 105, § 14; L. 2001, ch. 81, § 10; July 1.
History: L. 1967, ch. 208, § 12; July 1.
History: L. 1967, ch. 208, § 13; L. 1972, ch. 134, § 7; L. 1973, ch. 155, § 13; L. 1995, ch. 192, § 30; July 1.
History: L. 1967, ch. 208, § 14; Repealed, L. 1974, ch. 157, § 27; July 1.
(b) Except as provided in K.S.A. 25-1124, and amendments thereto, no person shall interfere with or delay the transmission of any advance voting ballot application from a voter to the county election officer, nor shall any person mail, fax or otherwise cause the application to be sent to a place other than the county election office. Any person or group engaged in the distribution of advance voting ballot applications shall mail, fax or otherwise deliver any application signed by a voter to the county election office within two days after such application is signed by the applicant.
(c) Except as otherwise provided by law, no person other than the voter, shall mark, sign or transmit to the county election officer any advance voting ballot or advance voting ballot envelope.
(d) No person, unless authorized by K.S.A. 25-1122 or K.S.A. 25-1124, and amendments thereto, shall intercept, interfere with, or delay the transmission of advance voting ballots from the county election officer to the voter.
(e) No person shall willfully and falsely affirm, declare or subscribe to any material fact in an affirmation form for an advance voting ballot, or set of advance voting ballots if the voter is entitled to vote more than one kind of advance voting ballot at a particular election, or in a declaration form on an advance voting ballot envelope.
(f) Nothing in this section shall be construed to prohibit any person from mailing, carrying or otherwise conveying advance voting ballots or sets of advance voting ballots to the county election officer upon request of advance voting voters.
(g) Violation of any provision of this section is a class C misdemeanor.
History: L. 1967, ch. 208, § 15; L. 1978, ch. 140, § 7; L. 1980, ch. 110, § 3; L. 1995, ch. 192, § 31; L. 1997, ch. 124, § 4; L. 2000, ch. 151, § 2; L. 2001, ch. 125, § 4; April 26.
History: L. 1967, ch. 208, § 16; L. 1973, ch. 155, § 12; L. 1978, ch. 140, § 8; L. 1995, ch. 192, § 32; July 1.
The secretary of state shall prescribe voting instructions to accompany every question submitted advance voting ballot, and when the question submitted election is also a primary or general election, such instructions may be combined with other instructions to voters. The secretary of state shall prescribe the form of advance voting ballot envelopes to be used when only a question submitted is to be voted upon. Advance voting ballots for questions submitted shall bear the same serial number as the advance voting ballot envelope used for transmission thereof.
Forms of advance voting ballot, ballot envelope and voter instructions in question submitted elections which are not statewide shall be prescribed by the county election officer in charge of such election, in conformity with any applicable provisions of law and, as nearly as practicable, in conformity with forms prescribed by the secretary of state for statewide elections.
Advance voting ballots for questions submitted shall be cast, counted, tabulated, canvassed and handled in the same manner as other advance voting ballots. Votes of advance voting voters may be challenged or objected to in question submitted elections in the same manner as in other elections.
History: L. 1967, ch. 208, § 17; L. 1972, ch. 134, § 8; L. 1973, ch. 154, § 4; L. 1995, ch. 192, § 33; July 1.
History: L. 1967, ch. 208, § 18; L. 1995, ch. 192, § 34; July 1.
History: L. 1973, ch. 155, § 2; L. 1992, ch. 45, § 2; L. 1995, ch. 192, § 35; July 1.
(b) In counties where voting machines, optical scanning systems or electronic or electromechanical voting systems are used, the county election officer shall appoint a special election board consisting of at least three members. Such members shall be registered voters of such county. Such special election board shall meet in the office of the county election officer on election day or at such time before election day as the county election officer deems necessary.
History: L. 1973, ch. 155, § 3; L. 1996, ch. 187, § 29; Apr. 25.
(b) The special election board may conduct the original canvass of advance voting ballots when the board convenes, but shall not complete final tabulation prior to election day.
History: L. 1973, ch. 155, § 4; L. 1995, ch. 192, § 36; L. 1996, ch. 187, § 30; Apr. 25.
History: L. 1973, ch. 155, § 5; L. 1995, ch. 192, § 24; July 1.
(b) Any advance voting ballot envelope which has not been signed shall not be opened, and no vote on the ballot therein shall be counted. Such envelope or ballot shall be challenged in the same manner in which other votes are challenged.
(c) Whenever it shall be made to appear to the judges of a special election board by sufficient proof that an advance voting voter has died, the envelope containing the advance voting ballot of such deceased voter shall not be opened. In all such cases, the judges shall endorse on the back of the envelope the word "provisional" and the reason for sustaining the challenge.
(d) If objection is made to an advance voting ballot because of form, condition, or marking thereof, the ballot shall be marked "void" if the judges uphold the objection to the entire ballot, and otherwise shall be marked on the back thereof, "objected to" with a statement of the substance of the objection.
(e) Void, provisional and objected to advance voting ballots shall be transmitted to the county election officer in the same manner as personally cast provisional ballots are transmitted but shall be placed in separate envelopes or sacks, appropriately labeled and sealed. Votes contained in void and provisional advance voting ballots shall not be included in the total of votes certified by the special election board. Void, provisional and objected to advance voting ballots shall be reviewed by the board of county canvassers, and such board shall finally determine the acceptance or rejection of each void, 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.
History: L. 1973, ch. 155, § 7; L. 1995, ch. 192, § 38; July 1.
History: L. 1973, ch. 155, § 8; L. 1995, ch. 192, § 39; July 1.
History: L. 1973, ch. 155, § 9; L. 1995, ch. 192, § 40; July 1.
History: L. 1973, ch. 155, § 10; July 1.
History: L. 1973, ch. 155, § 11; Repealed, L. 1974, ch. 157, § 27; July 1.