Notary public - Absentee ballots and affidavits.

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A. Neither a notary public nor an agent working on behalf of a notary public shall be authorized to:

1. Request absentee ballots on behalf of a voter other than himself or herself;

2. Assist a voter in requesting absentee ballots, other than for himself or herself or a member of his or her household;

3. Receive by mail an absentee ballot on behalf of a voter, other than for himself or herself or a member of his or her household; or

4. Submit a completed absentee ballot on behalf of a voter other than for himself or herself.

B. A notary public shall maintain a log of all absentee ballot affidavits that he or she notarizes for a period of at least two (2) years after the date of the election.

C. 1. A notary public shall be authorized to notarize a maximum of twenty absentee ballot affidavits for a single election, except as provided in paragraphs 2 and 3 of this subsection.

2. A notary public may be authorized to notarize more than twenty absentee ballot affidavits at a single election with the written approval of the secretary of the county election board. Such approval shall apply for affidavits notarized within the county served by the county election board secretary.

3. The limitation required by this subsection shall not apply to the notarizing of absentee ballot affidavits at the place of business of a notary public that is open to the general public during the normal business hours of the notary public.

D. 1. If more than ten absentee ballots for a single election are requested to be mailed to a single mailing address, the secretary of the county election board shall immediately notify the district attorney for that county and the Secretary of the State Election Board.

2. Upon receipt of such notification, the district attorney, or a member of law enforcement designated by the district attorney, shall investigate any possible criminal violation of the law related to the absentee ballot requests.

3. Provided, this notification requirement shall not apply to requests for absentee ballots to be sent to the addresses of nursing homes, veterans centers, medical facilities, multiunit housing, installations of the Armed Forces of the United States where uniformed or overseas voters, as defined by the Uniformed and Overseas Citizens Absentee Voting Act, are stationed or other locations authorized in writing by the Secretary of the State Election Board.

E. The provisions of this section shall only apply to an election conducted by a county election board, the State Election Board or a political subdivision of this state.

Added by Laws 2012, c. 26, § 1. Amended by Laws 2014, c. 347, § 1, eff. Nov. 1, 2014; Laws 2015, c. 333, § 1, eff. Nov. 1, 2015; Laws 2020, c. 151, § 8, emerg. eff. May 21, 2020.


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