13-13-204. Authority to vote in person -- printing error or ballot destroyed -- failure to receive ballot -- effect of absentee elector's death. (1) If an elector has voted by absentee ballot but the absentee ballot contains printing errors or omissions, the elector may vote in person in any manner at his polling place.
     (2) If an elector does not receive his absentee ballot or if the absentee ballot was destroyed, he may appear at his polling place on election day and vote in person after signing an affidavit, in the form prescribed by the secretary of state, swearing that his ballot has not been received or was destroyed. Before the ballot is given to the elector, the election judge shall write upon the back of the ballot the number of the ballot. The ballot may be cast out if it appears to the court to have been wrongfully or illegally voted.
     (3) If an elector votes by absentee ballot and dies between the time of balloting and election day, his ballot does not count.

     History: En. Sec. 127, Ch. 571, L. 1979; amd. Sec. 2, Ch. 120, L. 1983; amd. Sec. 9, Ch. 298, L. 1987.