Materials to accompany absentee ballots - Sharing of digital image or photograph - Admissibility as evidence.

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A. Absentee ballots must be accompanied by:

1. A plain opaque envelope in which voted ballots must be placed by the voter;

2. An envelope bearing an affidavit stating that the voter is qualified to vote and that the voter has personally marked the ballots, and has not exhibited the marked ballots to any other person;

3. A return envelope addressed to the secretary of the county election board; and

4. A notice that it is illegal for a Notary Public in this state to charge a fee to notarize an official absentee ballot affidavit.

B. A voter may take a digital image or photograph of his or her marked absentee ballot and distribute or share the image via social media or by any other means if performed voluntarily and in compliance with state and federal law. Testimony as to how any individual cast his or her absentee ballot, whether or not said absentee ballot was lawfully cast, shall not be admissible as evidence in any court of law or public hearing in this state.

Added by Laws 1974, c. 201, § 7, operative July 1, 1974. Renumbered from § 327.7 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976. Amended by Laws 2010, c. 189, § 20, eff. Jan. 1, 2011; Laws 2019, c. 457, § 2, eff. Nov. 1, 2019.


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