Timeliness

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    (a)    A vote–by–mail ballot is considered timely and may be counted if the ballot:

        (1)    is returned in person to the office of a local board by the voter or the voter’s duly authorized agent no later than 8 p.m. on the day of a special election; or

        (2)    (i)    is received by mail by a local board no later than 10 a.m. on the second Friday after a special election; and

            (ii)    was mailed on or before election day, as verified:

                1.    by a postmark; or

                2.    if the return envelope does not contain a postmark or the postmark is illegible, by the voter’s affidavit that the ballot was mailed on or before election day.

    (b)    A vote–by–mail ballot that does not meet the requirements of subsection (a) of this section is not timely and may not be counted.


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