§ 659:53 — Forms Not in Order

I. Except as provided in paragraph II, if the moderator finds that the absentee voter is not entitled to vote, the moderator shall not open the envelope containing the ballot and shall mark across the face of the envelope the reason the ballot is rejected, such as "rejected as not a voter" "voted in person," "affidavit improperly executed," "not signed by proper person," or whatever the reason is and shall record next to the name of the absentee voter on the clerk's list of absentee voter applicants prepared pursuant to RSA 657:15 the word "rejected" and the reason for the rejection. The clerk shall record this information in the statewide centralized voter registration database. The moderator shall save all the unopened envelopes and shall preserve the envelopes with the ballots cast at the election as provided in RSA 659:101.
II. If a UOCAVA voter or voter using the accessible system for voters with a print disability mails in their ballot using an envelope other than the affidavit and return envelope provided by the secretary of state under RSA 657:7, the moderator may open the envelope to determine if a signed affidavit is enclosed. If the moderator finds that the voter is not entitled to vote after opening the envelope to determine if a signed affidavit is enclosed, the moderator shall proceed as described in paragraph I.

Legislative History

1979, 436:1. 2010, 182:14, eff. June 21, 2010. 2024, 4:22, eff. Feb. 1, 2024.