16-552

16-552. Early ballots; processing;
challenges

A. In a jurisdiction that uses punch card ballots, the early election board,
immediately upon receipt of the early ballots, shall, as provided by this section, cast
separately for each precinct the early ballots which have been received. In a
jurisdiction that uses optical scan ballots, the officer in charge of elections may use
the procedure prescribed by this section or may request approval from the secretary of
state for a different method for processing early ballots. The request shall be made in
writing at least ninety days before the election for which the procedure is intended to
be used. After the election official has confirmed with the secretary of state that all
election equipment passes the logic and accuracy test, the election official may begin to
count early ballots. No early ballot results may be released except as prescribed by
section 16-551.

B. The early election board shall check the voter's affidavit on the envelope
containing the early ballot. If it is found to be sufficient, the vote shall be
allowed. If the affidavit is insufficient, the vote shall not be allowed.

C. The county chairman of each political party represented on the ballot may, by
written appointment addressed to the early election board, designate party
representatives and alternates to act as early ballot challengers for the party. No
party may have more than the number of such representatives or alternates which were
mutually agreed upon by each political party to be present at one time. If such
agreement cannot be reached, the number of representatives shall be limited to one for
each political party.

D. An early ballot may be challenged on any grounds set forth in section
16-591. All challenges shall be made in writing with a brief statement of the grounds
prior to the early ballot being placed in the ballot box. A record of all challenges and
resulting proceedings shall be kept in substantially the same manner as provided in
section 16-594. If an early ballot is challenged, it shall be set aside and retained in
the possession of the early election board or other officer in charge of early ballot
processing until a time that the early election board sets for determination of the
challenge, subject to the procedure in subsection E of this section, at which time the
early election board shall hear the grounds for the challenge and shall decide what
disposition shall be made of the early ballot by majority vote. If the early ballot is
not allowed, it shall be handled pursuant to subsection G of this section.

E. Within twenty-four hours of receipt of a challenge, the early election board or
other officer in charge of early ballot processing shall mail, by first class mail, a
notice of the challenge including a copy of the written challenge, and also including the
time and place at which the voter may appear to defend the challenge, to the voter at the
mailing address shown on the request for an early ballot or, if none was provided, to the
mailing address shown on the registration rolls. Notice shall also be mailed to the
challenger at the address listed on the written challenge and provided to the county
chairman of each political party represented on the ballot. The board shall meet to
determine the challenge at the time specified by the notice but, in any event, not
earlier than ninety-six hours after the notice is mailed, or forty-eight hours if the
notifying party chooses to deliver the notice by overnight or hand delivery, and not
later than 5:00 p.m. on the Monday following the election. The board shall provide the
voter with an informal opportunity to make, or to submit, brief statements regarding the
challenge. The board may decline to permit comments, either in person or in writing, by
anyone other than the voter, the challenger and the party representatives. The burden of
proof is on the challenger to show why the voter should not be permitted to vote. The
fact that the voter fails to appear shall not be deemed to be an admission of the
validity of the challenge. The early election board or other officer in charge of early
ballot processing is not required to provide the notices described in this subsection if
the written challenge fails to set forth at least one of the grounds listed in section
16-591 as a basis for the challenge. In that event, the challenge will be summarily
rejected at the meeting of the board. Except for election contests pursuant to section
16-672, the board's decision is final and may not be appealed.

F. If the vote is allowed, the board shall open the envelope containing the ballot
in such a manner that the affidavit thereon is not destroyed, take out the ballot without
unfolding it or permitting it to be opened or examined and show by the records of the
election that the elector has voted.

G. If the vote is not allowed, the affidavit envelope containing the early ballot
shall not be opened and the board shall mark across the face of such envelope the grounds
for rejection. The affidavit envelope and its contents shall then be deposited with the
opened affidavit envelopes and shall be preserved with official returns. If the voter
does not enter an appearance, the board shall send the voter a notice stating whether
the early ballot was disallowed and, if disallowed, providing the grounds for the
determination. The notice shall be mailed by first class mail to the voter's mailing
address as shown on the registration rolls within three days after the board's
determination.

H. Party representatives and alternates may be appointed as provided in subsection
C of this section to be present and to challenge the verification of questioned ballots
pursuant to section 16-584 on any grounds permitted by this section. Questioned ballots
which are challenged shall be presented to the early election board for decision under
the provisions of this section.