§11-104 Ballot instructions; ballot return.

436 words·~2 min read·/hi/chapter-11/11-104

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)After a voter receives a ballot package, the voter shall comply with the instructions included in the ballot package in order to cast a valid vote. The instructions shall include directions for:

(1)Marking the ballot;

(2)Inserting the marked ballot in the secrecy envelope or secrecy sleeve;

(3)Inserting the secrecy envelope or secrecy sleeve with the marked ballot in the return identification envelope; and

(4)Signing the affirmation on the return identification envelope before mailing or delivering the return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot. The affirmation shall consist of a statement to be subscribed to by the voter that affirms the fact that the voter is the person voting and that the voter's employer or agent of the employer, agent of the voter's labor union, or any candidate listed on the ballot did not assist the voter, as described in section 11-139, along with the instruction that the voter's ballot will be valid only if the affirmation statement is signed.

(b)The instructions shall include information on election fraud and voter fraud, as provided in sections [19-3(a)(5)] and 19-3.5, and notice that violation of either section may subject the voter, upon conviction, to imprisonment, a fine, or both.

(c)To cast a valid ballot, the voter shall return the return identification envelope containing the optional secrecy envelope or secrecy sleeve with the marked ballot in any manner:

(1)So that the return identification envelope is received by the clerk or the clerk's designee no later than the closing hour of voting; provided that anyone who is standing in line at the closing hour of voting with the intent of returning a ballot shall be permitted to do so;

(2)To any place of deposit no later than the closing hour of voting; provided that anyone who is standing in line at a place of deposit at the closing hour of voting with the intent of returning a ballot shall be permitted to do so; or

(3)To any voter service center no later than the closing hour of voting; provided that anyone who is standing in line at a voter service center at the closing hour of voting with the intent of returning a ballot shall be permitted to do so.

(d)Once a voter has returned a return identification envelope containing the secrecy envelope or secrecy sleeve with the marked ballot, that voter's ballot shall be deemed cast and may not be recast in the election. [L 2019, c 136, pt of §2; am L 2021, c 213, §19]