§ 7-5-617 — Transport of ballots and chain of custody

(a) Marked absentee or provisional ballots shall be transported in a secure manner during the election period between locations, including without limitation between: (1) Polling sites; (2) Vote centers; (3) Offices of the county clerk; (4) Designated absentee or provisional ballot counting facilities; or (5) Other government offices. (b) Marked absentee ballots shall be transported in a secure manner by at least two (2) election officials with the marked absentee ballots inside of a sealed ballot transfer container to the location designated by the county board of election commissioners. (c) Marked absentee or provisional ballots are subject to the following procedure as a chain of custody: (1) A person collecting marked absentee or provisional ballots shall swear an oath in the same form as § 7-4-110 ; (2) A marked absentee or provisional ballot team shall include a minimum of two (2) election officials; (3) The ballot transport team shall complete and sign a ballot transfer form upon removing the marked absentee or provisional ballots, including the following information, the: (A) Date; (B) Time; (C) Location the marked absentee or provisional ballots are picked up; (D) Number of marked absentee or provisional ballots per container; (E) Identity of each person collecting the ballots; and (F) Destination location for delivery of the marked absentee or provisional ballots; (4) The ballot transport team shall immediately transfer the secured marked absentee or provisional ballots to the county board of election commissioners, or its designee; and (5) (A) The county board of election commissioners or its designee shall sign the marked absentee or provisional ballot transfer form upon receipt of the marked absentee or provisional ballots. (B) The marked absentee or provisional ballot transfer form under subdivision (c)(3) of this section shall be considered a public record. (d) (1) Upon receiving a sealed ballot envelope from a person casting a provisional ballot, the poll worker or election official shall verify that the information requested on the outer ballot envelope is complete. (2) The poll worker or election official shall clearly write and sign his or her name, the polling location, the date, and the reason the ballot is considered provisional on the outer envelope and record the information. (3) (A) The poll worker shall direct the person casting the provisional ballot to place the ballot envelope into the secure container for provisional ballots. (B) The secure container for provisional ballots shall be located within the enclosed space in the polling place where it can be monitored by poll workers and observed by the public. (e) (1) Once the polls have closed, two (2) election officials shall return the secure container of provisional ballots to the county board of election commissioners with the following information marked clearly on the exterior of each secure container, the: (A) Total number of marked provisional ballots; (B) Location the provisional ballots were collected; and (C) Identity of the election officials transporting the marked provisional ballots. (2) (A) Upon receipt of the provisional ballots, the county board of election commissioners, or its designee, shall electronically record the: (i) First and last name of the person casting the provisional ballot; (ii) Address of the person casting the provisional ballot; (iii) Date of birth of the person casting the provisional ballot; (iv) Date the provisional ballot was marked; (v) Early voting or polling location, including precinct number, where the provisional ballot was marked; (vi) Name of the election official recorded on the sealed outer envelope; (vii) Reason for the provisional ballot reflected on the sealed outer envelope; and (viii) Other information deemed necessary by the county board of election commissioners. (B) The county board of election commissioners shall create one (1) paper copy of the outside of each outside provisional envelope to be delivered to the county clerk. (C) The county board of election commissioners shall provide the provisional ballot envelope copies and the electronic provisional ballot list to the county clerk no later than one (1) business day following election day. (3) Following receipt of the electronic provisional ballot list, including the provisional ballot envelope copies, the county board of election commissioners shall reconcile the total number of provisional ballots reviewed by the county clerk to the total number of provisional ballots received and secured by the county board of election commissioners.

Legislative History

Added by Act 2023, No. 329,§ 5, eff. 8/1/2023. Act 2023, No. 329 states that this act shall be known and may be cited as the "Ballot Security Act Of 2023"