R 423.149 Ballot boxes and ballots.

Rule 149. (1) The commission’s designee shall examine the ballot boxes before the opening of the polls and in the presence of any observers. The boxes shall be sealed at the opening of the polls. (2) The commission’s designee shall privately assist any voter in marking a ballot when the voter states under oath, duly administered by the election agent, that the voter is incapable of marking the ballot because of physical disability or inability to read or write. (3) A voter shall designate a choice on the ballot by making a cross (X) or check mark (√) in the selected circle or block. The intent of the voter shall be followed in the marking of the ballot. If the ballot is defaced, torn, marked in a manner that is not understandable, or identifies the voter, then the ballot shall be declared void. If a ballot is inadvertently spoiled by a voter, it may be returned to the election agent, who shall provide another ballot. The spoiled ballot shall be preserved for the time of counting. (4) A voter shall fold the ballot so that no part of its face is exposed, and, on leaving the polling booth, shall personally deposit the ballot in the ballot box. If the election is continued for more than 1 period, the ballot box shall remain sealed until the subsequent opening of the polls, and shall so remain in possession of the election agent until time for the counting of the ballots. (5) An absentee ballot shall be mailed to an individual eligible to vote upon written notice to the commission of the inability to be present at the election because of sickness, physical disability, military leave or other circumstance as agreed upon by the parties to the election with the approval of the commission or designee. The voted ballot shall be mailed or delivered by the absentee voter to the commission not later than the designated deadline date and time using the official envelopes provided for this purpose. The envelopes containing the ballots shall be opened at the time of the counting of the ballots. (6) In a mail ballot election, to be valid, each voted ballot shall be personally and individually mailed or delivered by the voter to the commission in the official envelopes provided for this purpose. The time for counting the ballots shall be determined by the commission’s designee.