7-1-112. Destruction of a ballot or ballot materials — Prohibited — Definitions.
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/ar/title-7-elections/chapter-1-general-provisions/7-1-112·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A person shall not knowingly destroy a ballot or ballot-related material required to be preserved by law until after:
Two
(2)years after the certification of the results of the election; and
The county board of election commissioners has entered an order, created a record to be maintained, and filed the order for destruction of the ballot or ballot-related material.
As used in this section, “ballot or ballot-related material” means a ballot or other form that is:
Provided to a person representing himself or herself as the voter or his or her agent by a county clerk, member of a county board of election commissioners, or poll worker; and
Returned by the person representing himself or herself as a voter or his or her agent for the purpose of voting in an election.
“Ballot or ballot-related material” includes without limitation:
A ballot that has been completed, cast, abandoned, or spoiled;
A ballot stub or certificate from a ballot that has been completed, cast, abandoned, or spoiled;
A voter statement that has been submitted to the county clerk;
An envelope that contains a ballot;
An affidavit provided to the county clerk;
An absentee ballot list maintained under § 7-5-416;
An absentee ballot application; and
A list of applications for an absentee ballot under § 7-5-408.
A person who is convicted under this section is guilty of an unclassified felony and shall:
Be sentenced to a term of no less than one
(1)year and no more than six
(6)years; and
Pay a fine of up to ten thousand dollars ($10,000).