33-406A CHALLENGING ABSENTEE ELECTOR'S VOTE.

TITLE 33

EDUCATION

CHAPTER 4

SCHOOL ELECTIONS

33-406A. Challenging absentee elector’s vote. [effective until january 1, 2011] The vote of any absent elector may be challenged in the same manner as other votes are challenged and the receiving judges shall have power and authority to determine the legality of such ballot. If the challenge be sustained, or if the receiving judges determine that the elector is not a qualified elector, the envelope containing the ballot of such elector shall not be opened and the judges shall endorse on the back of the envelope the reason therefor. Whenever it shall be made to appear to the receiving judges by sufficient proof that any elector who has marked and forwarded his ballot has died, then the envelope containing the ballot of such deceased elector shall not be opened and the judges shall make proper notation on the back of such envelope. If an absent elector’s envelope contains more than one (1) marked ballot of any kind, none of such ballots shall be counted and the judges shall make notations on the back of the ballots of the reason therefor. Judges of election shall certify in their returns the number of absent electors’ ballots cast and counted and the number of such ballots rejected.