21-A §606. Materials furnished
Title 21-A: ELECTIONS
Chapter 9: CONDUCT OF ELECTIONS
Subchapter 1: PREELECTION PROCEDURE
Article 1: SECRETARY OF STATE'S RESPONSIBILITIES
§606. Materials furnished
Within a reasonable time before any election, the Secretary of State shall furnish each municipality with official ballots and sample ballots, including a sufficient number to be used for testing electronic tabulating systems or other voting devices, if applicable, instruction posters, election return forms, posters for constitutional resolutions and statewide referenda, including the Attorney General's explanatory statements prepared under Title 1, section 353, materials setting forth the full text of all constitutional resolutions and statewide referenda and other materials necessary for conducting and reporting the results of the election. [2007, c. 455, §23 (AMD).]
1. Number of ballots furnished. The Secretary of State shall review the number of votes cast at the last election of that type as well as current registration and enrollment statistics in each voting district when determining the number of ballots to be furnished to each municipality. If the clerk believes that extra ballots will be needed, the clerk must request them from the Secretary of State a reasonable time before the election. The Secretary of State may send the requested number to the clerk and may furnish as many additional ballots as the Secretary of State believes necessary.
[ 1995, c. 459, §42 (AMD) .]
2. How packaged. The ballots must be packed in sealed, marked packages in units as determined by the Secretary of State. The other election materials must be separately packed in a sealed package or packages or box or boxes and sent to the clerk of each municipality. Each package or box must be labeled on the outside with each kind of material enclosed and the name of the voting place for which it is intended.
[ 1995, c. 459, §42 (AMD) .]
2-A. Sample ballots for special, primary and general elections.
[ 1993, c. 447, §10 (RP) .]
2-B. Test ballots.
[ 1993, c. 447, §11 (RP) .]
3. Receipt issued; inspection of ballots in an election. Upon receipt of a package or box containing absentee ballots or blank absentee ballots for an election, the clerk shall open the sealed package or box of ballots and verify that the ballots do not contain any errors and that the correct number of ballots has been received. The clerk shall immediately notify the Secretary of State if a ballot is incorrect or if the correct number of ballots has not been received and shall also immediately send the Secretary of State a receipt for the absentee ballots received noting any discrepancies on the receipt. The clerk shall then proceed to issue absentee ballots or blank absentee ballots in response to pending requests. Upon receipt of a package or box containing regular ballots for an election, the clerk shall open, in the presence of one or more witnesses, the sealed package or box of ballots and verify that the ballots do not contain any errors and that the correct number of ballots has been received. The clerk shall immediately notify the Secretary of State if a ballot is incorrect or if the correct number of ballots has not been received. Ballots to be used for testing electronic tabulating systems or other voting devices may be removed at this time and immediately marked as provided by subsection 3-A. The clerk shall complete the clerk's portion of the warden's receipt of ballots and shall then reseal the package or box of regular ballots and secure the package or box of ballots until election day when it is delivered to the warden at the polling place.
[ 2007, c. 455, §23 (AMD) .]
3-A. Use of test ballots in an election. Ballots may be used to test electronic tabulating systems or other voting devices under this Title. In the presence of one or more witnesses, the clerk shall clearly mark each ballot used for testing with the word "TEST" across the front side of the ballot in black or blue indelible ink. The clerk shall keep a record of the number of ballots used for testing purposes and seal the record with the test ballots in a container labeled "TEST BALLOTS" at the conclusion of the testing.
A. [1993, c. 447, §13 (RP).]
[ 2007, c. 455, §23 (AMD) .]
4. Records kept. The Secretary of State shall keep a record of the time when and the manner in which the ballots were furnished to each voting place.
[ 1985, c. 161, §6 (NEW) .]
5. Reproducing official ballots. It is unlawful for a person to copy or reproduce an unmarked official ballot without the express authorization of the Secretary of State.
[ 2007, c. 455, §23 (AMD) .]
SECTION HISTORY
1985, c. 161, §6 (NEW). 1989, c. 558, §§1,2 (AMD). 1989, c. 602, §§1,2 (AMD). 1989, c. 602, §1 (AMD). 1991, c. 347, §§1,2 (AMD). 1991, c. 780, §U24 (AMD). 1991, c. 862, §4 (AMD). 1993, c. 447, §§10-13 (AMD). 1993, c. 695, §§26-28 (AMD). 1995, c. 459, §§41-44 (AMD). 1997, c. 436, §80 (AMD). 2001, c. 516, §7 (AMD). 2001, c. 667, §B11 (AMD). 2001, c. 667, §B12 (AFF). 2005, c. 568, §13 (AMD). 2007, c. 455, §23 (AMD).