§ 26-7-122. Spoiled ballots.  


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  • Should a voter spoil any ballot in an effort to vote the same, the voter shall fold the ballot and return it to the clerk.  The clerk shall destroy the ballot in the presence of the voter and shall issue the voter another ballot in the same manner that the first one was provided.  The voter must execute an affidavit prescribed by the Secretary of the State Election Board in which the voter swears or affirms that he or she spoiled the original ballot, returned the ballot to the clerk, that the clerk destroyed the ballot in the voter’s presence and that the voter was issued a new ballot.

Laws 1974, c. 153, § 7-122, operative Jan. 1, 1975; Laws 1991, c. 321, § 21, eff. March 1, 1992; Laws 1993, c. 316, § 8, eff. Sept. 1, 1993; Laws 2011, c. 139, § 11.