Preservation of ballots and election records.

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(1) The ballots, when not required to be taken from the ballot box for the purpose of election contests, shall remain in the ballot box in the custody of the clerk until six months after the election at which such ballots were cast or until the time has expired for which the ballots would be needed in any contest proceedings, at which time the ballot box shall be opened by the clerk and the ballots destroyed by fire, shredding, or burial, or by any other method approved by the executive director of the department of personnel. If the ballot boxes are needed for a special election before the legal time for commencing any proceedings in the way of contests has elapsed or in case such clerk, at the time of holding such special election, has knowledge of the pendency of any contest in which the ballots would be needed, the clerk shall preserve the ballots in some secure manner and provide for their being kept so that no one can ascertain how any voter may have voted.

(2) The clerk shall preserve all other official election records and forms for at least six months following a regular or special election.

Source: L. 75: Entire title R&RE, p. 1053, § 1, effective July 1. L. 79: (1) amended, p. 1179, § 21, effective July 1. L. 96: (1) amended, p. 1543, § 135, effective June 1.

Editor's note: This section is similar to former § 31-10-616 as it existed prior to 1975.


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