Disclosing or identifying vote.

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(1) No person shall solicit or induce a voter to reveal how he or she voted. 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 upon the ballot to identify it after it has been prepared for voting.

(2) (a) 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 part 15.

  1. 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.

  2. The ability of a voter to disclose his or her voted ballot as described in this subsection (2) at a polling place or at any other location at which votes are being tabulated is subject to the power of the clerk to properly monitor activity at such polling place 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 clerk finds necessary, to ensure the fair and efficient conduct of elections.

(3) Any person violating subsection (1) of this section commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504.

Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. L. 2017: Entire section amended, (HB 17-1014), ch. 42, p. 124, § 2, effective August 9.

Editor's note: This section is similar to former § 31-10-1317 as it existed prior to 1975.


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