13-13-201. Voting by absentee ballot -- qualifications -- procedures. (1) A qualified registered elector is entitled to vote by absentee ballot, as provided in this part, if the elector:
     (a) expects to be absent from the county or precinct and unable to vote in person at the time of holding the election;
     (b) is physically incapacitated and unable to go to the polls on election day;
     (c) suffers from chronic illness or general ill health; or
     (d) is prevented from voting at the polls as a result of an illness or health emergency occurring between 5 p.m. on the Friday preceding the election and noon on election day. The health emergency must arise from unforeseen circumstances that require the elector to seek health care or medical assistance.
     (2) The elector may vote by:
     (a) marking the ballot in the manner specified;
     (b) placing the marked ballot in the secrecy envelope, free of any identifying marks;
     (c) placing the secrecy envelope containing one ballot for each election being held in the return and verification envelope;
     (d) executing the affidavit printed on the return and verification envelope; and
     (e) returning the return and verification envelope with the secrecy envelope containing the ballot or ballots enclosed, as provided in 13-13-221.

     History: En. Sec. 119, Ch. 368, L. 1969; R.C.M. 1947, 23-3701; amd. Sec. 116, Ch. 571, L. 1979; amd. Sec. 1, Ch. 239, L. 1985; amd. Sec. 1, Ch. 242, L. 1997.