Chapter 11 — [Old]

PART I. GENERAL PROVISIONS §11-1 Definitions. Whenever used in this title, the words and phrases in this title shall, unless the same is inconsistent with the context, be construed as follows: "Ballot" means a ballot, including an absentee ballot, that is a written or printed, or…

§11-1.5 Office of elections established. (a) There is established an office of elections to provide support to the chief election officer. The office shall be placed within the department of accounting and general services for administrative purposes. The chief election officer s…

§11-1.6 Appointment of the chief election officer; requirements; term; restrictions; salary; reappointment; removal. (a) The chief election officer shall be appointed by the elections commission, without regard to chapter 76. The appointment shall not be subject to the advice and…

§11-10.5 Statewide elections accessibility needs advisory committee. (a) There is established a statewide elections accessibility needs advisory committee within the office of elections for administrative purposes. The purpose of the advisory committee is to ensure equal and inde…

§11-10.6 County elections accessibility needs advisory committees. (a) Each county shall establish a county elections accessibility needs advisory committee. The purpose of the advisory committee shall be to ensure equal and independent access to voter registration, casting of ba…

[Part VIIA.] ELECTIONS BY MAIL §11-101 Elections eligible to be conducted by mail. Beginning with the 2020 primary election, all elections shall be conducted by mail in accordance with this title. A voter in an election conducted by mail shall not be precluded from voting by abse…

§11-104 Ballot instructions; ballot return. (a) After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for: (b) The instructions shall include in…

§11-105 Replacement ballots. (a) A voter may obtain a replacement ballot if the ballot was destroyed, spoiled, or lost by contacting the clerk. The chief election officer may prescribe a replacement ballot application form that shall include information that allows the clerk to v…

§11-106 Deficient return identification envelopes. If: the clerk shall make an attempt to notify the voter by first class mail, telephone, or electronic mail to inform the voter of the procedure to correct the deficiency. The voter shall have five business days after the date of …

§11-107 Electronic transmission under certain circumstances. (a) If a ballot package is not received by a voter by the fifth day before the date of the election or a voter otherwise requires a replacement ballot within five days of an election, the voter may request that a ballot…

§11-108 Counting of mail-in ballots; validity; ballots included in recounts; certification of final tabulation. (a) Ballot processing for tabulation may begin no sooner than the eighteenth day before the election. In the presence of official observers, counting center employees m…

§11-109 Voter service centers; places of deposit. (a) Voter service centers shall be established by the clerks to service the particular needs of each county's voters. (b) In each county, a voter service center shall be open from the tenth business day preceding the day of the el…

PART II. REGISTRATION §11-11 Registration. A person who registers as required by law shall be entitled to vote at any election provided that the person shall have attained the age of eighteen at the time of that election. The county clerk shall be responsible for voter registrati…

PART VIII. BALLOTS §11-111 Official and facsimile ballots. Ballots issued by the chief election officer in state elections and by the clerk in county elections are official ballots. In elections using the paper ballot and electronic voting systems, the chief election officer or c…

§11-112 Contents of ballot. (a) The ballot shall contain the names of the candidates, their party affiliation or nonpartisanship in partisan election contests, the offices for which they are running, and the district in which the election is being held. In multimember races the b…

§11-113 Presidential ballots. (a) In presidential elections, the names of the candidates for president and vice president shall be used on the ballot in lieu of the names of the presidential electors, and the votes cast for president and vice president of each political party sha…

§11-114 Order of offices on ballot. The order of offices on a ballot shall be arranged substantially as follows: first, president and vice president of the United States; next, United States senators; next, United States house of representatives; next, governor and lieutenant gov…

§11-115 Arrangement of names on the ballot. (a) The names of the candidates shall be placed upon the ballot for their respective offices in alphabetical order except: (b) In elections using the paper ballot or electronic voting systems where the names of the candidates are printe…

§11-116 Checking ballot form by candidates and parties. Facsimiles of all ballot layouts prior to printing shall be available for viewing by the candidates and the parties at the office of the chief election officer and the county clerk as soon after the close of filing as they a…

§11-117 Withdrawal of candidates; disqualification; death; notice. (a) Any candidate may withdraw in writing not later than 4:30 p.m. on the day immediately following the close of filing for any reason and may withdraw after the close of filing up to 4:30 p.m. on the fiftieth day…

§11-118 Vacancies; new candidates; insertion of names on ballots. (a) In case of death, withdrawal, or disqualification of any party candidate, the vacancy so caused may be filled by the party. The party shall be notified by the chief election officer or the clerk in the case of …

§11-118.5 Constitutional amendments, proposed; attorney general statement. (a) Any constitutional amendment proposed by the legislature shall include in final form the exact constitutional ratification question to be printed on a ballot. The constitutional ratification question s…

§11-119 Printing; quantity. (a) The ballots shall be printed by order of the chief election officer or the clerk in the case of county elections. In any state or county election, the chief election officer and clerk shall endeavor to consolidate the printing and ballot package ma…

§11-12 Age; place of registering. (a) Every person who has reached the age of eighteen years or who is seventeen years of age and will be eighteen years of age by the date of the next election, and is otherwise qualified to register may do so for that election. The person shall t…

§11-120 REPEALED. L 2019, c 136, §48.

§11-13 Rules for determining residency. For the purpose of this title, there can be only one residence for an individual, but in determining residency, a person may treat oneself separate from the person's spouse. The following rules shall determine residency for election purpose…

PART IX. VOTING PROCEDURES §11-131 Voter service center hours. The hours of voting at voter service centers shall be: If, at the closing hour of voting, any voter is standing in line at a voter service center with the desire of entering and voting, but due to the voter service ce…

§11-132 Two hundred foot radius. (a) Election officials shall post in a conspicuous place, before operation of voting service centers or places of deposit, a map designating an area of two hundred feet from the perimeter of any voter service center, place of deposit, and its appu…

§§11-133 to 11-136 REPEALED. L 2019, c 136, §§49 to 52.

§11-137 Secrecy; removal or exhibition of ballot. No person shall look at or ask to see the contents of the ballot or the choice of party or nonpartisan ballot of any voter, except as provided in sections 11-139 and 11-132, nor shall any person attempt to influence a voter in reg…

§11-138 Time allowed voters. A voter shall be allowed to remain in the voting booth for five minutes, and having voted the voter shall at once emerge and leave the voting booth. If the voter refuses to leave when so requested by a majority of voter service center officials after …

§11-139 Voting assistance. (a) Except as otherwise provided, any voter who requires assistance may be given assistance by a person of the voter's choice. A person with disabilities may be provided assistance at a voter service center pursuant to any state or federal law relating …

§11-14 General county register; restrictions in use. (a) The clerk of each county shall register all the voters in the clerk's county in the general county register. The register shall contain the name and address of each voter unless the voter's address is deemed confidential pu…

§11-14.5 Residence address; confidentiality. (a) If a life threatening circumstance exists to: that person may apply to the county clerk in writing to keep confidential the information relating to the residence address and telephone number contained in the affidavit of registrati…

§11-140 Spoiled ballots. In elections using the paper ballot and electronic voting systems, if a voter spoils a ballot, the voter may obtain another upon returning the spoiled one. Before returning the spoiled ballot, the voter shall conform to the procedure promulgated by the ch…

§11-15 Application to register. (a) Any person qualified to and desiring to register as a voter in any county shall make and subscribe to an application in the form of an affidavit. The affidavit shall contain the following information: (b) The applicant shall swear to the truth …

PART X. VOTE DISPOSITION §11-151 Vote count. Except for contests conducted by ranked-choice voting pursuant to section 11-100, each contest or question on a ballot shall be counted independently as follows:

§11-152 Method of counting. (a) For votes cast using the electronic voting system, the ballots shall be taken in the sealed ballot containers to the counting center according to the procedure and schedule adopted by the chief election officer to promote the security of the ballot…

§11-154 Records, etc.; disposition. The voted ballots shall be kept secure and handled only in the presence of representatives not of the same political party or official observers in accordance with rules adopted for the various voting systems. After all the ballots have been ta…

§11-156 Certificate of election and certificate of results, form. The chief election officer or county clerk shall deliver certificates of election to the persons elected as determined under section 11-155. The chief election officer or county clerk in county elections shall issu…

§11-157 In case of tie. In case of the failure of an election by reason of the equality of vote between two or more candidates, the tie shall be decided by the chief election officer or clerk in the case of county elections by lot. [L 1970, c 26, pt of §2; gen ch 1985; am L 1990,…

§11-158 Mandatory recount of votes. (a) The chief election officer, or the clerk in the case of a county election, shall conduct a recount of all votes cast for any office or ballot question in any election if the official tabulation of all of the returns for that office or quest…

§11-16 Application when not made in person. (a) Any qualified person unable for any cause to appear in person before the clerk for registration may register to vote by mail, not later than ten days prior to a primary or general election, through the affidavit on application for v…

§11-17 Removal of names from register, when; reregistration. (a) The clerk, after every general election, shall remove the names of registered voters who were identified as having an outdated or undeliverable address who did not vote in all elections held during the two previous …

PART XI. ELECTION CONTESTS §11-171 Applicability of this part. This part shall apply whenever a contested election is subject to determination by a court of competent jurisdiction in the manner provided by law. [L 1970, c 26, pt of §2]

§11-172 Contests for cause; generally. With respect to any election, any candidate, or qualified political party directly interested, or any thirty voters of any election district, may file a complaint in the supreme court. The complaint shall set forth any cause or causes, such …

§11-173 REPEALED. L 1973, c 217, §1(yy).

§11-173.5 Contests for cause in primary, special primary elections, and county elections held concurrently with a regularly scheduled primary or special primary election. (a) In a primary and special primary election contest, or a county election contest held concurrently with a …

§11-174 REPEALED. L 1973, c 217, §1(zz).

§11-175 Powers of supreme court; costs. The supreme court may compel the attendance of witnesses, punish contempts, and do whatsoever else may be necessary fully to determine the proceedings, and enforce its decrees therein. The court may make such special rules as it may find ne…