13-19-311. Valid ballots -- requirements.


     13-19-311. Valid ballots -- requirements. (1) Only valid ballots may be counted in an election conducted under this chapter.
     (2) For the purpose of this chapter, a voted ballot is valid only if:
     (a) it is sealed in the secrecy envelope and returned in the return/verification envelope;
     (b) the elector's signature on the affidavit on the return/verification envelope is verified pursuant to 13-19-310; and
     (c) it is received before 8 p.m. on election day, except as provided in 13-21-206.
     (3) If a voted ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot.
     (4) A ballot is invalid if:
     (a) any identifying marks are placed on the ballot by the elector; or
     (b) more than one ballot is enclosed in a single return/verification or secrecy envelope unless:
     (i) there are multiple elections being held at the same time and the envelope contains only one ballot for each election; or
     (ii) (A) the return/verification envelope contains ballots from the same household;
     (B) each ballot is in its own secrecy envelope; and
     (C) the return/verification envelope contains a valid signature for each elector who has returned a ballot.

     History: En. Sec. 24, Ch. 196, L. 1985; amd. Sec. 21, Ch. 591, L. 1991; amd. Sec. 3, Ch. 338, L. 1997; amd. Sec. 46, Ch. 297, L. 2009.