Title 26, Elections

The voter shall mark his ballots within a voting booth. At no time shall more than one person occupy a voting booth, unless specifically authorized by law. Laws 1974, c. 153, § 7-118, operative Jan. 1, 1975.

The voter shall vote by marking the ballot as prescribed by the Secretary of the State Election Board for the party of his choice or for the candidates of his choice or for the answer he desires to select on each question. Laws 1974, c. 153, § 7-119, operative Jan. 1, 1975; Laws …

Before leaving the voting booth, the voter may insert the ballot into a secrecy folder in such a manner that the voter’s votes cannot be seen. The voter then shall insert the ballot in the voting device. The voter thereupon shall immediately leave the polling place. Added by Laws…

No voter who is voting without assistance may remain in the voting booth more than five (5) minutes if other voters are waiting, nor more than ten (10) minutes in any event. Laws 1974, c. 153, § 7-121, operative Jan. 1, 1975.

Should a voter spoil any ballot in an effort to vote the same, the voter shall fold the ballot and return it to the clerk. The clerk shall destroy the ballot in the presence of the voter and shall issue the voter another ballot in the same manner that the first one was provided. …

When any voter states that he or she is able to reach the location of the polling place, but because of a physical disability or infirmity other than visual is unable to enter the election enclosure, the inspector shall administer an oath to the voter in which the voter shall swe…

Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union. The Secretary…

The following rules shall govern the counting and recounting of votes: 1. If the name of any person is written on a ballot, the name shall not be counted; 2. A valid vote shall be any mark prescribed by the Secretary of the State Election Board made by voters indicating the voter…

In the event ballots are counted electronically by a voting device, writing or other marks on the ballot shall not invalidate a ballot or any portion of the ballot, provided the ballot is properly marked otherwise so that it may be counted by the voting device according to law. A…

A. In the event an absentee ballot is mutilated, defaced or damaged in a manner that it cannot be read by the voting device and thus not counted during the counting process, then two members of the county election board of different political party affiliations or two members of …

Any candidate or any recognized political party shall be entitled to have a watcher present at any place where an official count is being conducted. Such watcher must be commissioned in writing by the candidate, or by the chair of the recognized political party of the county in w…

After the last voter has voted, the inspector shall insert the key or other device in the voting device and obtain printouts of results from the election results storage medium. The Secretary of the State Election Board shall prescribe the number of such printouts to be obtained.…

After the results have been printed from the election results storage medium, the voting device shall be unlocked and the seal removed from the election results storage medium compartment. The election results storage medium shall be removed and prepared for transfer to the count…

After certificates of vote have been printed, the ballot box shall be unlocked and all ballot cards and a copy of the signed certificate of vote shall be placed in a transfer case. Said transfer case shall be sealed, and the inspector shall return it, along with all other electio…

The county election board shall not disturb anything in the transfer case, and the case shall remain sealed and retained by the secretary of the county election board until opened by court order or until it is necessary to open same for use at another election, at which time the …

In counties using voting devices, if on election night the uncounted ballots in a precinct exceed two percent (2%) of the total number of persons voting in the precinct or if the voting device has malfunctioned in such a way that there are no totals on the printout or if the prin…

The county election board shall convene at the county courthouse, or at such other place as the county election board may designate on the day of each election, for the purpose of receiving the official precinct returns and shall remain in session until such precinct returns are …

The State Election Board shall prescribe methods of sealing all ballots, all certificates of vote and all materials used in recording the count of the ballots in such a manner that any tampering with, or altering of same after said sealing has been accomplished can be detected. L…

A. Following the election, the secretary of the county election board shall cause each registered voter who cast a ballot to be credited with voting in said election according to procedures specified by the Secretary of the State Election Board. B. 1. The secretary of the county …

A. This act shall be known and may be cited as the "Prohibit the Private Funding of Elections Act". B. As used in this section: 1. "Person" means any individual, proprietorship, firm, partnership, joint venture, syndicate, labor union, business trust, company, association, commit…

The county election board shall certify a list of nominees of each political party for county offices following the Primary and Runoff Primary Elections. The State Election Board shall certify a list of nominees of each political party for the offices for which the Board accepts …

Neither the State Election Board nor the county election board shall be required to provide Certificates of Nomination to candidates. Laws 1974, c. 153, § 8-102, operative Jan. 1, 1975.

The county election board shall certify a list of successful candidates for county offices and shall provide Certificates of Election to the same following the General Election, except that Certificates of Election may be issued to unopposed candidates after 5 p.m. on the second …

The lists and certificates prescribed in Section 8-103 of this act shall be prescribed by the Secretary of the State Election Board. Laws 1974, c. 153, § 8-104, operative Jan. 1, 1975.

A. When a tie vote is certified in the nomination or election of any candidate in any Runoff Primary, General Election, or Primary Election, the election board that is authorized by law to issue the certified list or certificate of election shall, at a public meeting of the board…

No lists or certificates provided for in Section 8-103 of this title shall be issued either by the county election board or State Election Board before 5:00 p.m. Friday next following a Primary, Runoff Primary or General Election. Added by Laws 1974, c. 153, § 8-106, operative Ja…

Right to a Certificate of Election shall not be considered a property right to any extent whatsoever, unless and until such right to such certificate shall be determined, and such certificate issued as hereinafter provided. Laws 1974, c. 153, § 8-107, operative Jan. 1, 1975.

If no contest shall be filed by 5:00 p.m. Friday next following an election, the county election boards and State Election Board shall declare the result of such election and shall issue the appropriate lists or certificates to the successful party as provided by law. Provided, h…

Any candidate whose name appeared on a Primary, Runoff Primary or General Election ballot, or any individual authorized to request a recount pursuant to Section 8-111 of this title may, at any time before 5:00 p.m. Friday next following an election, contest the correctness of the…

It shall be the duty of the sheriff in each county to provide security for the ballot boxes or transfer cases from the time the ballot boxes or transfer cases are stored by the county election board following an election until the election results have been certified or, in the e…

A. 1. In the event a candidate or individual authorized to request a recount requests a recount of the ballots cast in an election, it must set forth in the petition the precincts and absentee ballots which are to be recounted. 2. The petition must be accompanied by either a cash…

Once service has been accomplished, the recount shall commence pursuant to the order executed by the secretary of the appropriate election board. In the event of a recount for an office under the jurisdiction of the State Election Board, the actual recount of ballots shall be con…

The candidate or individual authorized to request a recount pursuant to Section 8-111 of this title shall be authorized to commission in writing no more than one agent in each county wherein the recount is being conducted to act in his behalf. Said commission shall be filed with …

A. If a recount is to be conducted using electronic voting devices, the devices used shall be tested for accuracy by the county election board, giving all contestants, or their agents, an opportunity to view the testing procedure. In conducting a recount using electronic voting d…

When all the ballots have been counted, the county election board shall tabulate the votes and shall certify the results. In the case of county office, said certification shall be used to issue appropriate lists and certificates. In the case of state or district office, copies of…

Should the contestant at any time during the proceeding desire that the recount be terminated, he may announce the same to the county election board. In such event, the recount shall end at that point, and any changes be made a part of the certificate of vote. Provided further, h…

When a recount is initiated, all ballots in the precinct involved must be counted, and neither party to the recount shall be allowed to terminate the recount process until all such ballots have been recounted. This provision shall apply to all elections. Added by Laws 1987, c. 86…

Deposits accompanying petitions shall be used by the appropriate election board to defray the actual expenses of a recount. Expenses shall include mileage and salaries of the county election board members, which shall be made on a per diem basis at the same rate as for normal com…

In the event a candidate contests the correctness of the announced results of an election by alleging either fraud or any other irregularities, the secretary of the election board receiving the petition shall set a hearing in the same manner as provided for recounts. Provisions f…

When a petition alleging fraud is filed, said petition must be accompanied by a cash bond of Five Thousand Dollars ($5,000.00) for each county in which fraud is alleged to have occurred, running in favor of the contestee and conditioned upon payment of any and all liabilities or …

When a petition alleging irregularities other than fraud is filed, said petition must allege a sufficient number of irregularities and of such nature as to: 1. Prove that the contestant is lawfully entitled to be certified the party's nominee or to be issued a certificate of elec…

It shall be mandatory, whenever a petition to disqualify is filed by either party, for the district judge to disqualify himself. Laws 1974, c. 153, § 8-121, operative Jan. 1, 1975.

When a petition is filed alleging irregularities or fraud involving two or more counties, the hearings for all counties shall be scheduled at a single location by the election board secretary who accepted the petition. When such a petition is filed with the Secretary of the State…

In the event, after a hearing is conducted, it is deemed impossible to determine who should be certified as the party's nominee or to whom a certificate of election shall be issued, or which candidates are entitled to have their names appear on the Runoff Primary Election ballot,…

The Secretary of the State Election Board shall be authorized to allow for the experimental use of one or more vote counting devices or other equipment in one or more election precincts in one or more counties, without a formal purchase thereof. The experimental use of such vote …

Not less than ten (10) days prior to the testing of the voting devices for any partisan election, the secretary of the county election board shall mail a notice to the county chair of each political party stating the time and place the voting devices will be tested for the electi…

Any person who defaces a voting device, breaks, tampers with, impairs, impedes or otherwise interferes with the maintenance, adjustment, delivery, use or operation of any voting device or part thereof shall be guilty of a Class D1 felony offense and shall be punished by imprisonm…

Devices or equipment used by the State Election Board or a county election board to count or tabulate ballots shall be prohibited from connecting to the Internet. Provided, this shall not serve to prohibit a secure network connection between the State Election Board and a county …

A. The nominees for Presidential Electors of any recognized political party shall be selected at a convention of the party in a manner to be determined by the party. B. The nominees for Presidential Electors shall be certified by the chair of the party to the Secretary of the Sta…

A. The following procedure shall be observed for Presidential Electors pledged to an independent candidate for President of the United States: 1. A person wishing to appear on the General Election ballot as an independent candidate for President of the United States shall file a …