Section 9-104. Casting of ballot; absentee, military, special federal and special presidential ballots  


Latest version.
  • 1. (a) Before opening the ballot  box,  or
      canvassing the paper ballots, any absentee, military, special federal or
      special  presidential  voters'  ballot envelopes received at the polling
      place shall be examined by the inspectors.
        (b) If a person whose name is on an envelope as a  voter  has  already
      voted in person at such election, or if his name and residence as stated
      on  the  envelope are not on a registration poll record, or the computer
      generated list of registered voters or the list of special  presidential
      voters,  or  if  there is no name on the envelope, or if the envelope is
      not sealed, such envelope shall be  laid  aside  unopened  and  returned
      unopened  to  the  board  of  elections  with  the  other returns of the
      election.
        (c) If there is more than one ballot envelope  executed  by  the  same
      voter,  the  one bearing the earlier date of execution shall be accepted
      and the other rejected. If it cannot be determined which envelope  bears
      the earlier date, then all such envelopes shall be rejected.
        (d)  If  such  person  is  found to be registered and has not voted in
      person, an inspector shall  compare  the  signature,  if  any,  on  each
      envelope  with  the  signature, if any, on the registration poll record,
      the computer generated list of registered voters or the list of  special
      presidential  voters, of the person of the same name who registered from
      the same address.   If the signatures  are  found  to  correspond,  such
      inspector   shall  certify  thereto  by  signing  his  initials  in  the
      "Inspector's Initials" column on the  last  blank  line  of  the  spaces
      reserved  for the voter's signature on the back of his registration poll
      record, or on the computer generated list of registered voters or in the
      "remarks" column as appropriate.
        (e) If such person is found to be registered  and  has  not  voted  in
      person,  and  if  no  challenge  is  made, or if a challenge made is not
      sustained, the envelope shall be opened, the ballot or ballots withdrawn
      without unfolding,  and  the  ballot  or  ballots  and  stubs,  if  any,
      deposited  in  the  proper  ballot  box or boxes, or envelopes, provided
      however that, in the case of a primary election, the stub, if any, shall
      be removed and the ballot and stub, if any, deposited in the box only if
      the ballot is of the party with which the voter is enrolled according to
      the entry on the back of his registration poll record  or  next  to  his
      name  on  the  computer  generated registration list; if not, the ballot
      shall be rejected without inspection or unfolding and shall be  returned
      to  the  envelope which shall be endorsed "not enrolled" and returned to
      the board of elections with the unopened envelopes, if any. At the  time
      of  the  deposit  of such ballot or ballots in the box or envelopes, the
      inspectors shall enter the words "absentee vote" or "military  vote"  in
      the space reserved for the voter's signature on the aforesaid last blank
      line  or list or in the "remarks" column as appropriate, and shall enter
      the year and month of the election  on  the  same  line  in  the  spaces
      provided therefor.
        2.  As  each envelope is opened, if one or more of the different kinds
      of ballots to be voted at  the  election  are  not  found  therein,  the
      clerks,  or  inspectors,  shall make a memorandum showing what ballot or
      ballots are missing.  If a ballot envelope shall contain more  than  one
      ballot  for  the same offices, all the ballots in such envelope shall be
      rejected. When the casting of such ballots shall have been completed the
      clerks or inspectors shall ascertain the number of such ballots of  each
      kind  which  have been deposited in the ballot box by deducting from the
      number of envelopes opened the number of missing ballots, and shall make
      a return thereof in duplicate. The number of  absentee  voters'  ballots
      deposited  in  the  ballot  box  shall  be  added to the number of other
    
      ballots deposited in the ballot box, in order to determine the number of
      all ballots of each kind to be accounted for in the ballot box.