Title IX — SUFFRAGE AND ELECTIONS

115.391. Sample ballots, when and how distributed. — Not later than the fourth Tuesday prior to the primary election, each election authority shall prepare sample official ballots. The sample ballots shall contain, under the appropriate offices and party designations, the names o…

115.393. Election authority to deliver official ballots to polls — number of ballots, how determined. — Prior to the primary election, each election authority shall correct any errors or omissions on the sample ballots and cause official ballots to be printed. For each party havi…

115.395. Ballot for each party at primary — candidates, how listed — ballot information, how shown. — 1. At each primary election, there shall be as many separate ballots as there are parties entitled to participate in the election. 2. The names of the candidates for each office …

115.397. Voter may receive only one party ballot — voters not wishing a party ballot may vote for independents and on all propositions and questions. — In each primary election, each voter shall be entitled to receive the ballot of one and only one political party, designated by …

115.399. Presidential and vice-presidential candidates, when certified to secretary of state — declaration of candidacy of presidential electors, form of. — 1. Not later than the twelfth Tuesday prior to each presidential election, or notwithstanding any prior laws to the contrar…

115.401. General election candidates, list to be sent to election authorities, when. — Not later than the tenth Tuesday prior to each general election, the secretary of state shall send to each election authority a certified list containing the name and address of each person who…

115.403. Forms to be prepared by secretary of state, when. — Not later than May first prior to each primary election, the secretary of state shall prepare all forms necessary to carry out the provisions of this subchapter. The forms shall be substantially followed in all primary …

115.405. False swearing a class one offense. — Any person making a sworn statement, affidavit or declaration of candidacy required by this subchapter who swears falsely or signs such document knowing the statements therein are untrue shall be deemed guilty of a class one election…

115.407. Polls, hours to be open. — The election judges shall open the polls at six o'clock in the morning and keep them open until seven o'clock in the evening. At seven o'clock in the evening, all voters at the polls, including any in line to vote, shall be permitted to vote. ­…

115.409. Who may be admitted to polling place. — Except election authority personnel, election judges, watchers and challengers appointed pursuant to section 115.105 or 115.107, law enforcement officials at the request of election officials or in the line of duty, minor children …

115.411. Election authority to provide polling booths. — For each polling place in its jurisdiction, the election authority shall provide a sufficient number of voting booths, equipped and supplied so voters can vote conveniently and in secret. ­­-------- (L. 1977 H.B. 101 § 11.0…

115.413. Secretary of state to furnish election authorities election laws pamphlets, each polling place to have a copy — instructions to election judges may be furnished. — 1. Not later than the tenth day prior to each presidential election, and more often if necessary, the secre…

115.415. Necessary equipment to be delivered to polls by election authority. — Before the time fixed by law for the opening of the polls, the election authority shall deliver to the authorized election officials or to the polling place the appropriate ballots, ballot boxes, preci…

115.417. Voter instruction cards to be delivered to polls — instructions and sample ballot to be posted, how. — 1. Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of voter instruction cards …

115.419. Sample ballots, cards to be delivered to the polls, when. — Before the time fixed by law for the opening of the polls, the election authority shall deliver to each polling place a sufficient number of sample ballots and ballot cards which shall be a different color but o…

115.420. Butterfly ballot prohibited, exceptions. — 1. An election authority shall not use a butterfly ballot unless the secretary of state provides written approval to the election authority for the use of a butterfly ballot in the particular election. 2. For purposes of this se…

115.421. Duties of election judges to be performed prior to opening of the polls. — Before the time fixed by law for the opening of the polls, the election judges shall: (1) Set up the voting equipment, arrange the furniture, supplies and records and make all other arrangements n…

115.423. Ballot box, procedure for handling. — Not more than one hour before the voting begins, the election judges shall open the ballot box and show to all present that it is empty. The ballot box shall then be locked and the key kept by one of the election judges. The ballot b…

115.425. Name must be on precinct register to be eligible to vote, exception. — Except as provided in subsection 4* of section 115.277, the election judges shall allow no person to vote whose name does not appear in the precinct register without the express sanction of the electi…

115.427. Personal photo identification, requirements — provisional ballot, when — form of certificate — notice requirements — nondriver's license provided, when — report — precinct register requirements — mark in lieu of signature, when. — 1. Persons seeking to vote in a public e…

115.429. Person not allowed to vote — complaint may be filed — voter may be required to sign affidavit, when — false affidavit a class one offense. — 1. The election judges shall not permit any person to vote unless satisfied that such person is the person whose name appears on t…

115.430. Provisional ballots, used when, exceptions, procedure, counted when, how — rulemaking authority — free access system established — provisional ballot only used, when — no jurisdiction in state courts to extend polling hours. — 1. This section shall apply to primary and g…

115.431. Identification certificates to be initialed by judges and preserved as poll lists. — Upon satisfactory identification of the voter, two judges of different political parties shall place their initials on the line where the voter signed the precinct register or, if electr…

115.433. Judges to initial paper ballots, when. — After the voter's identification certificate has been initialed, two judges of different political parties, or one judge from a major political party and one judge with no political affiliation, shall, where paper ballots are used…

115.435. Voter to proceed to voting booth, when — ballot deemed cast, when. — After initialing the voter's identification certificate and after completing any procedures required by section 115.433, the election judges shall allow the voter to proceed to the voting booth and vote…

115.436. Physically disabled may vote at polling place, procedure. — 1. In jurisdictions using paper ballots and electronic voting systems, when any physically disabled voter within two hundred feet of a polling place is unable to enter the polling place, two election judges, one…

115.439. Procedure for voting paper ballot — rulemaking authority. — 1. If paper ballots are used, the voter shall, immediately upon receiving his ballot, go alone to a voting booth and vote his ballot in the following manner: (1) When a voter desires to vote for a candidate, the…

115.441. Delay by voter prohibited. — Each voter shall vote without undue delay. ­­-------- (L. 1977 H.B. 101 § 11.085) Effective 1-01-78

[Repealed or reserved.]

115.445. No one but voter in booth, exception. — 1. Except as provided in subsections 2 and 3 of this section, no one other than the voter shall be permitted in any voting booth or permitted to be in any position where he may see how a voter is voting. 2. If any voter, after ente…

115.447. Definitions. — 1. As used in this subchapter, unless the context clearly implies otherwise, the following terms shall mean: (1) "Counting judges" are the two judges, one from each major political party, who read each vote received by all candidates and each vote for and …

115.449. Ballots, when and how counted. — 1. As soon as the polls close in each polling place using paper ballots, the election judges shall begin to count the votes. If earlier counting is begun pursuant to section 115.451, the election judges shall complete the count in the man…

115.451. Judges may read and record votes before polls close, when — procedure to be followed. — If authorized by the election authority, the election judges may read and record votes before the close of the polls. If so authorized, the election judges shall use one ballot box fo…

115.453. Procedure for counting votes for candidates. — Election judges shall count votes for all candidates in the following manner: (1) No candidate shall be counted as voted for, except a candidate before whose name a distinguishing mark appears preceding the name and a distin…

115.455. Procedure for counting votes on questions. — Election judges shall count votes on each question in the following manner: (1) If a distinguishing mark appears immediately beside or below the "YES", the question shall be counted as voted for. If a distinguishing mark appea…

115.456. Responsibilities of election authority — counting optical scan ballots — counting paper ballots — marks indicating political party preference, how construed. — 1. (1) The election authority shall be responsible for ensuring that the standards provided for in this subsect…

115.457. Uninitialed ballots rejected, exception. — If a ballot appears without the initials of two election judges, the ballot shall be rejected, except when it appears the absence of initials is due to a mistake of the election judges and that the ballot is otherwise legal and …

115.459. Duties of judges after polls close (paper ballots). — At each polling place using paper ballots, after the polling place is closed, the election judges shall (1) Certify in the tally book the number of ballots cast, the number of identification certificates signed, the n…

115.461. Tally book, form of — tally sheet, form of — statements of returns, form of (paper ballots). — 1. The tally book for each polling place using paper ballots shall be in substantially the following form: ­ ­ 2. At each polling place using paper ballots, two tally sheets sh…

115.463. Procedure after statements of returns signed (paper ballots). — Immediately after signing the statements of returns, the election judges shall enclose the voted ballots, tally books, tally sheets, statements of returns and other election supplies in containers designated…

115.465. Procedure for returning voted ballots (paper ballots). — 1. If the election authority directs the voted ballots to be returned in a ballot box, the box shall be locked and the key removed. Each election judge shall write his name on a strip of paper which shall be pasted…

115.467. Duties of judges after polls close (electronic voting). — 1. As soon as the polls close in each polling place using an electronic voting system, the election judges shall secure the marking devices against further voting and begin to count the write-in votes. If earlier …

115.468. Write-in votes may be tallied at counting center. — At the discretion of the election authority, the verification and tallying of write-in votes may be done at the counting center by teams of election authority employees in lieu of at the polling place. ­­-------- (L. 19…

115.469. Write-in votes, when counted — procedure to follow. — 1. If authorized by the election authority, the election judges at any polling place using an electronic voting system may read and record write-in votes before the close of the polls and may send other voted ballots …

115.471. Certification of tally book and statements of returns as to write-in votes (electronic voting). — At each polling place using an electronic voting system, after the polling place is closed, the election judges shall (1) Certify in the tally book: the number of ballots ca…

115.473. Tally book, form of (electronic voting). — 1. The tally book for each polling place using an electronic voting system shall be in substantially the following form: ­ ­ 2. Where tallying of write-in votes is to be done at the polling place, at each polling place using an …

115.475. Return of ballots, memory cards, and election materials, procedure for (electronic voting). — 1. As soon as possible after signing the statements of returns, the election judges shall seal and enclose the ballots, electronic voting machine memory cards, write-in forms co…

115.477. Ballots, procedure for counting (electronic voting). — 1. In each jurisdiction using an electronic voting system, all proceedings at the counting location shall be under the direction of the election authority. The election authority shall appoint two judges, one from ea…

115.479. Tabulating equipment to be tested, when (electronic voting). — In each jurisdiction using an electronic voting system, the election authority shall, after the count has been completed and the results received, have the automatic tabulating equipment tested to ascertain t…

115.481. Official return of polling place, contents of (electronic voting). — The final and correct return printed by the automatic tabulating equipment added to the write-in, absentee and handcounted votes shall be the official return of each polling place and the jurisdiction. …