Return of ballots - Witnessing of affidavit.

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A. The voter shall be required to mark the ballot in ink or other manner as prescribed by the Secretary of the State Election Board; seal the ballots in the plain opaque envelope; fill out completely and sign the affidavit, such signature to be notarized at no charge by a notary public; seal the plain opaque envelope inside the envelope bearing the affidavit and return both envelopes, sealed inside the return envelope, by hand delivery, United States mail or by a private mail service, provided such service has delivery documentation, to the county election board. No person who is a candidate for an office on the ballot or who is the chair or treasurer of the campaign of a candidate for office or who is related within the third degree of consanguinity or affinity to a candidate on the ballot may witness any absentee ballot affidavit.

B. The ballot shall not be notarized by any person whose name appears on the ballot as a candidate or by any campaign chairperson or campaign treasurer for a candidate whose name appears on the ballot.

C. Any voter who hand delivers his or her ballot as provided in subsection A of this section shall provide proof of identity to the county election board and shall hand deliver the ballot no later than the end of regular business hours on the day prior to the date of the election. For purposes of this section, "proof of identity" shall have the same meaning as used in subsection A of Section 7-114 of this title.

Added by Laws 1974, c. 201, § 8, operative July 1, 1974. Renumbered from § 327.8 of this title by Laws 1976, c. 90, § 11, emerg. eff. May 6, 1976. Amended by Laws 1981, c. 344, § 5, eff. Jan. 1, 1984; Laws 1984, c. 204, § 5, operative July 1, 1984; Laws 1991, c. 321, § 37, eff. March 1, 1992; Laws 2002, c. 447, § 15, emerg. eff. June 5, 2002; Laws 2003, c. 485, § 10; Laws 2004, c. 5, § 17, emerg. eff. March 1, 2004; Laws 2016, c. 237, § 2, eff. Jan. 1, 2017.

NOTE: Laws 2003, c. 403, § 2 repealed by Laws 2004, c. 5, § 18, emerg. eff. March 1, 2004.


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