13-19-311. Valid ballots -- requirements. (1) Only valid ballots may be counted in an election conducted under this chapter.
(2) For the purpose of this chapter, a voted ballot is valid only if:
(a) it is sealed in the secrecy envelope and returned in the return/verification envelope;
(b) the elector's signature on the affidavit on the return/verification envelope is verified pursuant to 13-19-310; and
(c) it is received before 8 p.m. on election day, except as provided in 13-21-206.
(3) If a voted ballot has not been placed in a secrecy envelope, the election administrator shall place the ballot in a secrecy envelope without examining the ballot.
(4) A ballot is invalid if:
(a) any identifying marks are placed on the ballot by the elector; or
(b) more than one ballot is enclosed in a single return/verification or secrecy envelope unless:
(i) there are multiple elections being held at the same time and the envelope contains only one ballot for each election; or
(ii) (A) the return/verification envelope contains ballots from the same household;
(B) each ballot is in its own secrecy envelope; and
(C) the return/verification envelope contains a valid signature for each elector who has returned a ballot.
History: En. Sec. 24, Ch. 196, L. 1985; amd. Sec. 21, Ch. 591, L. 1991; amd. Sec. 3, Ch. 338, L. 1997; amd. Sec. 46, Ch. 297, L. 2009.