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COMPILED CODE - Iowa Legislature - State of Iowa

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52<br />

§ 529. ABSENT VOTERS' LAW. Tit. IV, Ch. 9.<br />

CHAPTER 9.<br />

ABSENT VOTERS' LAW.<br />

SECTION 529. Opening envelope — depositing ballot — rejecting<br />

ballot—voting machine precincts.<br />

1 At any time between the opening and closing <strong>of</strong> the polls on such<br />

2 election day the judges <strong>of</strong> election <strong>of</strong> said precinct shall open the<br />

3 outer or carrier envelope only, announce the absent or disabled voter's<br />

4 name and compare the signature upon the application with the sig-<br />

5 nature upon the affidavit on the ballot envelope. In case the judges<br />

6 find the affidavits executed, that the signatures correspond, the ap-<br />

7 plicant a duly qualified elector <strong>of</strong> the precinct, and that the applicant<br />

8 has not voted in person at said election, they shall open the envelope<br />

9 containing the absent or disabled voter's ballot in such manner as not<br />

10 to deface or destroy the affidavit thereon and take out the ballot or<br />

11 ballots therein contained without unfolding or permitting the same<br />

12 to be unfolded or examined and, having indorsed the ballot in like<br />

13 manner as other ballots are required to be indorsed, deposit the same<br />

14 in the proper ballot box or boxes and enter the absent or disabled<br />

15 voter's name in the poll book, the same as if he had been present and<br />

16 voted in person.<br />

17 In precincts using voting machines two election judges <strong>of</strong> different<br />

18 political parties shall, at any time between the opening and closing <strong>of</strong><br />

19 the polls on election day, open the absent voters' ballots and register<br />

20 the ballot on the voting machine the same as if the absent voter had<br />

21 been present and voted in person.<br />

22 In case such affidavit is found to be insufficient, or that the sig-<br />

23 natures do not correspond, or that the applicant is not a duly qualified<br />

24 elector in such precinct, or that the ballot envelope is open, or has<br />

25 been opened and resealed, or that the ballot envelope contains more<br />

26 than one ballot <strong>of</strong> any one kind, such vote shall not be accepted or<br />

27 counted. Every ballot, not counted shall be indorsed on the back<br />

28 there<strong>of</strong> "Rejected (giving reason therefor) ".<br />

29 All rejected ballots shall be inclosed and securely sealed in an<br />

30 envelope on which the judges shall indorse "Defective ballots" with a<br />

31 statement <strong>of</strong> the precinct in which and the date <strong>of</strong> the election at<br />

32 which they were cast, signed by the judges and returned to the same<br />

33 <strong>of</strong>ficer and in the same manner as by law provided for the return and<br />

34 preservation <strong>of</strong> <strong>of</strong>ficial ballots voted at such election.<br />

35 The affidavit upon the ballot envelope shall constitute a sufficient<br />

36 registration <strong>of</strong> the voter in precincts where registration is required<br />

37 and shall be treated like and have the same force and effect as a cer-<br />

38 tificate issued by the registers <strong>of</strong> election on election day in all cases<br />

39 where the voter is not already registered and where his name does<br />

40 not appear upon the alphabetical lists, and if the ballot be deposited<br />

41 and the absent or disabled voter's name be entered on the poll books<br />

42 as herein provided, the judges <strong>of</strong> election shall enter the absent or<br />

43 disabled voter's name on the alphabetical lists with the same data as<br />

44 is entered when a certificate <strong>of</strong> registration is filed, and the ballot en-<br />

45 velope having the absent or disabled voter's affidavit thereon shall be<br />

46 preserved and returned with the certificates <strong>of</strong> registration, poll book<br />

47 and alphabetical lists to the city clerk, who shall preserve the same,<br />

48 and it shall be used by the registers <strong>of</strong> election, in precincts where

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