Section 8-506. Challenges; absentee, military, special federal and special presidential ballots  


Latest version.
  • * 1. During the examination of absentee, military,
      special federal and special presidential voters' ballot  envelopes,  any
      inspector  shall,  and  any  watcher or registered voter properly in the
      polling place may, challenge the casting of any ballot upon  the  ground
      or  grounds  allowed for challenges generally, or that the voter was not
      entitled to cast an  absentee,  military,  special  federal  or  special
      presidential  ballot,  or that the signature on the ballot envelope does
      not correspond to the signature on the registration poll record or  that
      the voter died before the day of the election.
        * NB Effective until January 1, 2010
        * 1. During the examination of absentee, military, special federal and
      special  presidential voters' ballot envelopes, any inspector shall, and
      any watcher or registered voter  properly  in  the  polling  place  may,
      challenge  the  casting of any ballot upon the ground or grounds allowed
      for challenges generally, or (a) that the voter was not entitled to cast
      an absentee, military, special federal or special  presidential  ballot,
      or  (b)  that  notwithstanding the permissive use of titles, initials or
      customary abbreviations of given names,  the  signature  on  the  ballot
      envelope  does  not correspond to the signature on the registration poll
      record, or (c) that the voter died before the day of the election.
        * NB Effective January 1, 2010
        2. The board of inspectors forthwith shall proceed to  determine  each
      challenge.   Unless  the  board  by  majority  vote  shall  sustain  the
      challenge, an inspector shall endorse upon the envelope  the  nature  of
      the   challenge   and   the  words  "not  sustained",  shall  sign  such
      endorsement, and shall proceed to cast the ballot  as  provided  herein.
      Should  the  board, by majority vote, sustain such challenge, the reason
      and the word "sustained" shall be similarly endorsed upon  the  envelope
      and  an inspector shall sign such endorsement. The envelope shall not be
      opened and such envelope shall be returned  unopened  to  the  board  of
      elections. If a challenge is sustained after the ballot has been removed
      from  the  envelope, but before it has been deposited in the ballot box,
      such ballot shall be rejected without being unfolded  or  inspected  and
      shall be returned to the envelope. The board shall immediately enter the
      reason  for  sustaining  the challenge on such envelope and an inspector
      shall sign such endorsement.
        3. If the board of inspectors determines  by  majority  vote  that  it
      lacks  sufficient knowledge and information to determine the validity of
      a challenge, the inspectors shall endorse upon the ballot  envelope  the
      words  "unable  to determine", enter the reason for the challenge in the
      appropriate section of the challenge  report  and  return  the  envelope
      unopened  to  the  board  of  elections.  Such ballots shall be cast and
      canvassed pursuant to the provisions of section 9-209 of this chapter.