PART III. BALLOT SELECTION

 

§12-31  Selection of party ballot; voting. No person eligible to vote in any primary or special primary election shall berequired to state a party preference or nonpartisanship as a condition ofvoting.  Each voter shall be issued the primary or special primary ballot foreach party and the nonpartisan primary or special primary ballot.  A votershall be entitled to vote only for candidates of one party or only fornonpartisan candidates.  If the primary or special primary ballot is markedcontrary to this paragraph, the ballot shall not be counted.

In any primary or special primary election inthe year 1979 and thereafter, a voter shall be entitled to select and to votethe ballot of any one party or nonpartisan, regardless of which ballot thevoter voted in any preceding primary or special primary election. [L 1970, c26, pt of §2; am L 1973, c 217, §2(i); am L 1974, c 34, §2(c); am L 1979, c139, §9; gen ch 1985]

 

Cross References

 

  Constitutional provision, see Const. art. II, §4.

 

Case Notes

 

  Selection of a party's ballot does not automatically makevoter a party member.  56 H. 519, 542 P.2d 1272.