§ 7-5-602 — Ballots - Number - Official - Marking device - Spoiled

(a) (1) The county board of election commissioners of each county in this state using paper ballots counted by hand at the polling site, paper ballots counted by an electronic vote tabulating device at the polling site, or paper ballots cast at a polling site and counted at a central location shall provide for each election precinct one hundred fifty (150) printed ballots for each one hundred (100) or fraction of one hundred (100) electors voting on paper ballots at the last preceding comparable election. (2) The total number of ballots required to be printed for each election precinct shall not exceed one hundred five percent (105%) of the total number of registered voters for the respective precinct. (b) A ballot shall not be received or counted in any election to which this subchapter applies unless it is approved and provided by the county board of election commissioners under this section. (c) At all elections in counties that use paper ballots and in which those ballots are counted by hand, the ballots shall: (1) First be marked using permanent ink; and (2) (A) Be run through an electronic vote tabulation device before a hand count is conducted. (B) (i) The requirement under subdivision (c)(2)(A) of this section shall apply in all general elections and preferential primary elections. (ii) The requirement under subdivision (c)(2)(A) of this section is optional if an election: (a) Is an election other than the general election or the preferential primary election; and (b) Involves fewer than five thousand (5,000) registered voters. (d) (1) A voter who shall by accident or mistake mark or spoil any ballot so that he or she cannot conveniently or clearly vote on the ballot may return it to the poll workers and receive another ballot, not to exceed three (3) ballots in total. (2) (A) Spoiled ballots shall be cancelled by a poll worker by using a stamp marked "CANCELLED" on the face of the ballot. (B) The poll worker shall write the date and time, and print and sign his or her name next to the stamp marked "CANCELLED". (C) The election judge shall report the total number of spoiled ballots to the county board of election commissioners. (3) The cancelled ballots shall be securely preserved separately from other ballots with the total number of cancelled ballots and returned to the county board of election commissioners and shall be open to public inspection.

Legislative History

Amended by Act 2023, No. 329,§ 4, eff. 8/1/2023. Amended by Act 2023, No. 743,§ 2, eff. 4/12/2023. Amended by Act 2023, No. 350,§ 2, eff. 3/21/2023. Amended by Act 2021, No. 736,§ 15, eff. 7/28/2021. Acts 2009, No. 1480, § 36.