Disclosing or identifying vote.

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(1) (a) No voter shall place any mark upon his or her ballot by means of which it can be identified as the one voted by him or her, and no other mark shall be placed on the ballot by any person to identify it after it has been prepared for voting.

  1. Any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in this article 13.

  2. Any voter who makes available an image of the voter's own ballot through electronicmeans after it is prepared for voting is deemed to have consented to the transmittal of that image.

  3. The ability of a voter to disclose his or her voted ballot as described in this subsection (1) at a voter service and polling center or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such voter service and polling center or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections.

  1. No person shall endeavor to induce any voter to show how he marked his ballot.

  2. No election official, watcher, or person shall reveal to any other person the name ofany candidate for whom a voter has voted or communicate to another his opinion, belief, or impression as to how or for whom a voter has voted.

  3. Any person who violates any provision of this section is guilty of a misdemeanorand, upon conviction thereof, shall be punished as provided in section 1-13-111.

Source: L. 80: Entire article R&RE, p. 434, § 1, effective January 1, 1981. L. 2017: (1) amended, (HB 17-1014), ch. 42, p. 123, § 1, effective August 9.

Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index.


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