§ 16.1-13-23 — Preparation of ballot by elector - Depositing - Second-chance voting

Upon receipt of a ballot within the provided secrecy sleeve, the elector, without leaving the
polling place, shall retire alone to one of the voting booths or compartments to prepare the
elector's ballot by darkening the oval opposite the name of each individual for whom the elector
wishes to vote. In the case of a ballot containing a constitutional amendment, an initiated or
referred measure, or any other question to be submitted to a vote of the people, the elector shall
darken the oval opposite the word or words expressing the elector's wish. After preparing the
ballot, the elector shall place the ballot back in the provided secrecy sleeve so the ballot is
concealed and so the initials of the inspector or election judge may be seen. The elector then
shall deposit the ballot in the optical scanning device and wait to determine if the ballot is
deposited into the ballot box or if the optical scanning device has indicated a possibility for a
second-chance voting condition. If a second-chance voting condition is indicated, a voter may
spoil and receive up to two additional ballots. The voter's third ballot must be cast as is and may
not be returned to the voter even if errors exist causing certain votes not to be counted.