Title 26, Elections

If said contestee's Declaration of Candidacy may be amended or corrected to conform to law, the election board may order the same to be done, if the board determines such amendment or correction to be proper at the time of its order or decision. Laws 1974, c. 153, § 5-128, operat…

Should the contestee desire to appear in answer to said contest, said contestee shall be required, at the time of filing his answer, or, if no answer is filed, at the time of his appearance, to deposit with the secretary of the election board a cashier's check or certified check …

The burden of proof shall be upon the petitioner to sustain the allegations in his petition. However, failure of the contestee to appear or answer thereto shall be deemed to place him in default, and shall constitute an admission of the allegations of the petition, in which event…

In the event the petitioner is successful at said hearing, his deposit shall be returned to him, and all costs of such hearing shall be deducted from the deposit of the contestee, and the balance, if any, shall be returned to said contestee. If the contestee does not file an answ…

The name of any candidate for any office shall be printed on the official ballot as said candidate designated on the declaration of candidacy; provided, however, that no candidate shall have any prefix, suffix or title placed before or after the candidate's name. Added by Laws 19…

Any candidate who is unopposed in any election shall be deemed to have been nominated or elected, as the case may be, and his name will not appear on the ballot at any election in which he is so unopposed. Laws 1974, c. 153, § 6-102, operative Jan. 1, 1975.

As used in this title, the following definitions shall apply to counties using voting devices: 1. “Ballot” means a printed paper document upon which votes for various offices or measures may be marked; 2. “Count” means the process by which votes marked on a ballot card are examin…

The State Election Board shall cause ballots to be printed for statewide Primary, Runoff Primary, General Elections and special elections at such time as to insure delivery of said ballots to the several county election boards for distribution to the several precinct election boa…

Each county election board shall cause ballots to be printed for county, municipal, school or other local elections at such time as to insure distribution of said ballots to the several precinct election boards within each county prior to election day. Said board shall cause ball…

A. All ballots used for any election shall be printed on paper to ensure a fair and accurate count; provided, each precinct polling place and in-person absentee voting location shall provide a means for any voter who requires assistance by reason of blindness, disability, or inab…

At the General Election, the ballot shall contain a separate section for the following: 1. President and Vice President; 2. United States Senators and United States Representatives; 3. State officers; 4. Justices of the Supreme Court, Judges of the Court of Criminal Appeals and J…

The official ballot for the General Election shall be printed so that the nominees of the various political parties and nonpartisan candidates will appear in order as determined according to this section. For each section of the ballot for which there are partisan candidates, the…

Immediately following the close of the filing period prescribed by law, the Secretary of the State Election Board shall determine the order in which the name of each candidate for each of the offices shall appear on the absentee ballots printed for the Primary Election. The deter…

The candidate receiving the highest number of votes for each office in the Primary Election whose name is required by law to be placed on the Runoff Primary Election ballot shall have his name placed first on absentee ballots for said Runoff Primary Election. Laws 1974, c. 153, §…

On all Primary and Runoff Primary Election ballots, except absentee ballots, the names of the candidates for each office shall be rotated in such a manner that all candidates' names appear in each position on the ballots an equal number of times, to the extent practicable. Provid…

The names of candidates of the several political parties shall be printed on separate ballots for the Primary and Runoff Primary Elections, and each party's ballot shall be differentiated by color or by other conspicuous means determined by the Secretary of the State Election Boa…

All ballots for Primary, Runoff Primary and General Elections shall be printed with a stub so perforated that the ballot may be easily detached from the stub. Upon the stub shall be printed the number of the stub and the words, "Primary Election Ballot", "Runoff Primary Election …

All ballots for Primary, Runoff Primary and General Elections must be designated in such a manner as the Secretary of the State Election Board may prescribe to achieve the identification of a ballot for a particular precinct. Laws 1974, c. 153, § 6-112, operative Jan. 1, 1975; La…

Ballots for state questions shall be printed in such a manner as to include the number of the state question, the ballot title, and the following language, "SHALL THE PROPOSAL BE APPROVED?" followed by the words "FOR THE PROPOSAL - YES" and "AGAINST THE PROPOSAL - NO", one above …

All ballots for a precinct shall be bound in a book or books and must be designated in such a manner as the Secretary of the State Election Board may prescribe to achieve identification of a book for a particular precinct. Added by Laws 1974, c. 153, § 6-114, operative Jan. 1, 19…

In every Primary, Runoff Primary and General Election, the Secretary of the State Election Board shall determine the number of ballots to be printed for statewide elections and the secretary of the county election board shall determine the number of ballots to be printed for coun…

A. As soon as practicable, the State Election Board or each county election board, when ballots are printed by a county election board, shall cause to be printed a sufficient number of absentee ballots, prepared as nearly as practicable in the same manner as provided for other ba…

Sample ballots for all elections conducted by any county election board shall be prepared as prescribed by the Secretary of the State Election Board and the words "Sample Ballot" shall be printed on the face of the ballot. Sample ballots shall be printed in a sufficient number to…

It shall be unlawful to print or distribute ballots, or duplicates thereof, except as authorized by law; provided, however, that for educational purposes, the contents of said ballots may be reproduced in sizes of at least twenty percent (20%) smaller than or twenty percent (20%)…

The State Election Board is authorized to contract with the Office of Management and Enterprise Services for all ballots required by the State Election Board. If ballots are not printed by the Office of Management and Enterprise Services, the State Election Board and each county …

A. Every corporation, firm, association or individual, hereinafter referred to as "employer", who has a registered voter employed or in service shall grant the employee two (2) hours of time in which to vote, subject to the following provisions: 1. Such time to vote shall be allo…

Prior to the day of any Primary, Runoff Primary or General Election, it shall be the duty of the State Election Board to provide for each county election board the supplies and ballots required by law to conduct the election. Laws 1974, c. 153, § 7-102, operative Jan. 1, 1975.

A. Prior to the day of the election, it shall be the duty of the secretary of the county election board to prepare for each precinct where an election is to be held in the county, a written or electronic precinct registry which shall contain information on all registered voters i…

Prior to the day of any Primary, Runoff Primary or General Election, it shall be the duty of each county election board to provide for each precinct within its jurisdiction the supplies and ballots required by law to conduct the election. The inspector for each precinct shall sig…

A. 1. County election boards shall maintain a current list of all registered voters in each precinct, which will reflect the address and party affiliation of each voter. The list shall be public information subject to the requirements described in subsection B of this section. 2.…

A. At every Primary, Runoff Primary and General Election and any other election conducted by a county election board, each polling place in the state shall open at 7:00 a.m. and shall remain open continuously until 7:00 p.m., and every registered voter of a precinct who presents …

No later than 6:30 a.m. on the day of the election, the precinct officials shall assemble at the polling place. The inspector shall deliver supplies and ballots required by law for the election at said time. Added by Laws 1974, c. 153, § 7-105, operative Jan. 1, 1975. Amended by …

Prior to 7:00 a.m., the inspector shall cause voting booths to be properly installed and other equipment, supplies and ballots to be arranged for the orderly conduct of the election. Added by Laws 1974, c. 153, § 7-106, operative Jan. 1, 1975.

When all else is in readiness for the opening of the polls, the inspector shall, in view of the judge, clerk and any registered voters at the polling place, confirm that the ballot box is empty and locked and shall cause the voting device to print out a paper tape to verify that …

A. No person shall be allowed to electioneer within three hundred (300) feet of the entrance to a polling place or in-person absentee voting site or a person who is standing in line to vote outside the polling place or in-person absentee voting site while an election is in progre…

Any person desiring to conduct an exit poll within three hundred (300) feet of any ballot box shall notify the secretary of the county election board of his intentions to do so no later than 5 p.m. on the Wednesday preceding the election. Added by Laws 1987, c. 126, § 1, eff. Nov…

Any person conducting an exit poll within three hundred (300) feet of any ballot box, hereinafter referred to as "pollster", shall display identification prescribed by the Secretary of the State Election Board at all times he is conducting the poll. The identification shall be pr…

The prohibition against electioneering contained in Section 7- 108 of this title shall apply to any pollster. No pollster shall be permitted inside the election enclosure or within fifty (50) feet of the entrance to a polling place or in-person absentee voting site while an elect…

A pollster shall be limited to written polling materials. Any oral interviews of voters or recording by electronic means shall be no closer than one hundred fifty (150) feet to any ballot box. Added by Laws 1987, c. 126, § 4, eff. Nov. 1, 1987.

A pollster may approach only voters who have completed their voting concerning participation in the exit poll. Participation by a voter shall be voluntary. Added by Laws 1987, c. 126, § 5, eff. Nov. 1, 1987.

No person shall, within the election enclosure, disclose to any other person how he or she voted; nor shall any person expose his or her ballot to any other person within the election enclosure. A voter may take a digital image or photograph of his or her marked ballot and distri…

No person shall take intoxicating liquors of any kind or quantity to within one-half (1/2) mile of any polling place on an election day. No person shall attend an election or be within three hundred (300) feet of a polling place in an intoxicated condition on an election day. Law…

No person shall vote any ballot except such ballot issued to the voter by the precinct officials, and each ballot cast must be voted without removing same from the polling place. Added by Laws 1974, c. 153, § 7-111, operative Jan. 1, 1975. Amended by Laws 2019, c. 491, § 25, eff.…

At no time during the hours of voting shall any person, other than the election officials and other persons authorized by law, be allowed inside the election enclosure except for one registered voter in each voting booth and one other registered voter for each voting booth. Howev…

Registered voters shall be permitted to enter the election enclosure in the order in which they present themselves at the door or entrance. Laws 1974, c. 153, § 7-113, operative Jan. 1, 1975.

A. Each person appearing to vote shall announce that person's name to the judge of the precinct and shall provide proof of identity, whereupon the judge shall determine whether the person's name is in the precinct registry. As used in this section, "proof of identity" shall mean …

If a registered voter has requested an absentee ballot, he shall be required by the judge to sign an affidavit swearing or affirming that he has not cast such absentee ballot and is entitled to vote in person. Laws 1974, c. 153, § 7-115, operative Jan. 1, 1975.

Before being issued a ballot during in-person absentee voting or at the voter's precinct or when applying for an absentee ballot, the following voters shall be required to complete an address confirmation form prescribed by the Secretary of the State Election Board: 1. An inactiv…

A. Provisional ballots shall be available for all elections conducted by the county election board. Provisional ballots shall include all offices, candidates and questions and shall be identical to the regular ballots for each precinct. The Secretary of the State Election Board s…

A. Persons who have been determined to be eligible to vote shall sign, in the presence of the clerk, the proper precinct registry. The clerk shall then issue proper ballots to the person. The voter’s signature on the precinct registry shall be the best evidence of the voter’s hav…