25-2902. Unlawful marking or mutilation of ballots; providing new or replacement ballot; notice.

25-2902

Chapter 25.--ELECTIONS
Article 29.--VOTING PROCEDURE

      25-2902.   Unlawful marking or mutilation of ballots; providing new orreplacement ballot; notice.(a) It shall be unlawful to make any mark upon a ballot except a cross or checkmark in a voting square opposite the name of a person for whom the voterdesires to vote. It shall be unlawful to deface or tear a ballot or to eraseany printed figure or letter thereon. It shall be unlawful for any person otherthan the voter to erase any mark or name written on a ballot by a voter.

      (b)   If a voter tears, defaces or wrongfully marks a ballot, the voter shallreturn it to the election board and receive a new ballot or set ofballots. The voter may successively obtain additional ballots or sets ofballots (but not more than one ballot or set of ballots at a time), butno voter shall be provided more than three sets in all.

      (c)   In all elections in which printed paper ballots are utilized, thereshall be printed on the ballot and posted in each polling place a noticecontaining the following information and in substantially the following form:

Notice

      If you tear, deface or make a mistake and wrongfully mark any ballot, youmust return it to the election board and receive a new ballot or set ofballots.

      History:   L. 1968, ch. 406, § 25; L. 1978, ch. 137, § 12; L. 1992,ch. 291, § 10; July 1.