§ 2547. Defective ballots
(a) If upon examination by the election officials it shall appear that any of the following defects is present, either the ballot or the unopened certificate envelope shall be marked "defective" and the ballot shall not be counted:
(1) the identity of the early or absentee voter cannot be determined;
(2) the early or absentee voter is not legally qualified to vote;
(3) the early or absentee voter has voted in person or previously returned a ballot in the same election;
(4) the certificate is not signed;
(5) the voted ballot is not in the certificate envelope; or
(6) in the case of a primary vote, the early or absentee voter has failed to return the unvoted primary ballots.
(b) Each defective ballot or unopened certificate envelope shall be:
(1) affixed with a note from the presiding officer indicating the reason it was determined to be defective;
(2) placed with other such defective ballots in an envelope marked "Defective Ballots - Voter Checked Off Checklist - Do Not Count"; and
(3) returned in that envelope to the town clerk in the manner prescribed by section 2590 of this chapter.
(c) The provisions of this section shall be indicated prominently in the early or absentee voter material prepared by the Secretary of State. (Added 1977, No. 269 (Adj. Sess.), § 1; amended 1985, No. 196 (Adj. Sess.), § 6; 2001, No. 6, § 11, eff. April 10, 2001; 2015, No. 30, § 14, eff. May 26, 2015; 2017, No. 50, § 34; 2019, No. 67, § 14.)