34-1003 — ISSUANCE OF ABSENTEE BALLOT
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TITLE 34
ELECTIONS
CHAPTER 10
ABSENTEE VOTING
34-1003. ISSUANCE OF ABSENTEE BALLOT. Upon receipt of an application for
an absent elector's ballot within the proper time, the county clerk receiving
it shall examine the records of his office to ascertain whether or not such
applicant is registered and lawfully entitled to vote as requested and, if
found to be so, he shall arrange for the applicant to vote by absent elector's
ballot. The absentee ballot may be delivered to the absent elector in the
office of the county clerk, by postage prepaid mail or by other appropriate
means, including use of a facsimile machine. A political party may supply a
witness to accompany the clerk in the personal delivery of an absentee ballot.
If the political party desires to supply a witness it shall be the duty of the
political party to supply the names of such witnesses to the clerk no later
than forty-five (45) days prior to the election. The clerk shall notify such
witnesses of the date and approximate hour the clerk or deputy clerk intends
to deliver the ballot.
A candidate for public office or a spouse of a candidate for public office
shall not be a witness in the personal delivery of absentee ballots.
An elector physically unable to mark his own ballot may receive assistance
in marking such ballot from the officer delivering same or an available person
of his own choosing. In the event the election officer is requested to render
assistance in marking an absent elector's ballot, the officer shall ascertain
the desires of the elector and shall vote the applicant's ballot accordingly.
When such ballot is marked by an election officer, the witnesses on hand shall
be allowed to observe such marking. No county clerk, deputy, or other person
assisting a disabled voter shall attempt to influence the vote of such elector
in any manner.