Plain Text Law

Regulation .04 Ballot Rejection — Multiple Ballots from the Same Individual.

Regulation .04 Ballot Rejection — Multiple Ballots from the Same Individual.Copy Citation

If a local board receives multiple ballots from the same voter, the local board shall canvass the ballots as follows:
A.
If a single return envelope contains more than one ballot from the same individual for the same election, all ballots from that individual shall be rejected.
B.
If more than one ballot is received from the same individual in different envelopes:
(1)
If the signed oaths have different dates, the local board shall:
(a)
Count the ballot with the earliest signed oath date that the local board determines is legally sufficient; or
(b)
Reject all ballots if none of them are legally sufficient.
(2)
If the signed oath associated with one ballot is dated and the signed oath associated with the other ballot is either undated or indecipherably dated, the local board shall count the ballot with the dated oath and reject the ballot with the undated or indecipherably dated oath;
(3)
If the signed oaths all have the same dates or all have indecipherable dates the local board shall:
(a)
Count the first ballot it received if that ballot is legally sufficient;
(b)
If the first ballot it received is not legally sufficient, count the ballot it received next if it is legally sufficient; or
(c)
Reject all ballots if the ballots were received on the same date.
(4)
If one of the ballots received is a Federal Write-in Absentee Ballot:
(a)
If both ballots are timely, only the State ballot shall be counted; but
(b)
If only one of the ballots is timely, the timely ballot shall be counted as long as the timely ballot is not rejected for other reasons.
C.
Except as provided as in §D of this regulation, if an absentee ballot and provisional ballot are received from the same individual, the local board shall count the first ballot the voter cast if the ballot is legally sufficient and reject any other ballot.
D.
If the local board receives an absentee ballot after a provisional ballot or absentee ballot from the same voter has been counted, the local board shall reject the absentee ballot.