Section 9-209. Canvass of absentee, military and special ballots and ballots cast by voters with registration poll records missing on days of election or voters who have not had their identity previously verified or who have moved after registering  


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  • Before completing the canvass of
      votes cast in any primary, general, special, or other election at  which
      voters  are  required  to  sign  their  registration poll records before
      voting, the board of elections shall proceed in the  manner  hereinafter
      prescribed   to   cast  and  canvass  any  absentee,  military,  special
      presidential, special federal or other special ballots  which  were  not
      cast and canvassed at the polling place, and any ballots voted by voters
      who moved within the county or city after registering, voters who are in
      inactive  status,  voters whose registration was incorrectly transferred
      to another address even though  they  did  not  move,  or  voters  whose
      registration  poll  records  were missing on the day of such election or
      voters who have not had their  identity  previously  verified  or  whose
      registration  poll records did not show them to be enrolled in the party
      in which they claimed to be enrolled. Each such ballot shall be retained
      in the original envelope containing the voter's affidavit and signature,
      in which it is delivered to the board of elections until such time as it
      is to be cast and canvassed.
        1. a. The board of elections shall designate itself  or  such  of  its
      employees  as  it shall deem appropriate as a set of poll clerks to cast
      and canvass such ballots, and fix a time and place for their meeting for
      such purpose, provided that such meeting shall be no more than  fourteen
      days  after  a  general  or special election and no more than eight days
      after a primary election at which such ballots are voted. The board  may
      designate  additional sets of poll clerks and if it designates more than
      one such set shall apportion among all such sets the election  districts
      from  which  such  ballots  have  been  received, provided that all such
      ballots from a single election district shall be assigned  to  a  single
      set  of  clerks, and that each such set shall be divided equally between
      representatives of the two major political parties.  Each  such  set  of
      clerks  shall  be  deemed  a central board of inspectors for purposes of
      this section.
        b. At least five days prior to the time fixed for  such  meeting,  the
      board shall send notice by first class mail to each candidate, political
      party, and independent body entitled to have had watchers present at the
      polls  in any election district in the board's jurisdiction. Such notice
      shall state the time and place fixed by the board for such canvass.
        c. Each such candidate, political party, and independent body shall be
      entitled to appoint such number of watchers to attend upon each  central
      board  of  inspectors as such candidate, political party, or independent
      body was entitled to appoint  at  such  election  in  any  one  election
      district  for  which  such  central board of inspectors is designated to
      act.
        2. a. 1. Upon assembling at the time and place fixed for such meeting,
      each central board of inspectors shall cast and  canvass  the  envelopes
      and the ballots therein contained as nearly as practicable in the manner
      provided  by  this  chapter for a board of inspectors to consider, cast,
      and canvass absentee ballot envelopes and ballots at the polling place.
        2. If the board of inspectors determines that a person was entitled to
      vote at such election it shall cast and  canvass  such  ballot  if  such
      board  finds  that ministerial error by the board of elections or any of
      its employees caused such ballot envelope not to be valid on its face.
        3. If the board of elections determines that a person was entitled  to
      vote  at  such election, the board shall cast and canvass such ballot if
      such board finds that the voter appeared at the correct  polling  place,
    
      regardless of the fact that the voter may have appeared in the incorrect
      election district.
        b. 1. Such board of inspectors shall also cast and canvass any federal
      write-in  ballots  validly  cast  by  an  absentee,  military or special
      federal voter for the offices of president  and  vice-president,  United
      States senator and representative in congress.
        2.  Federal  write-in  ballots  shall be cast and canvassed only if an
      application for an absentee, military  or  special  federal  ballot  was
      received  from  the absentee, military or special federal voter at least
      thirty days before election day, if  the  federal  write-in  ballot  was
      submitted  from outside the United States, if such ballot is received by
      the board of elections not later than seven days following  the  day  of
      election  and  if the absentee, military or special federal ballot which
      was sent to the voter is not received by the board of elections  by  the
      seventh  day  following  the day of election. If such a federal write-in
      ballot is received after election day,  the  envelope  in  which  it  is
      received  must  contain  a cancellation mark of the United States postal
      service or a foreign country's postal service, or a dated endorsement of
      receipt by another agency of the United States government, with  a  date
      which is ascertained to be not later than the day before election day.
        3.  If such a federal write-in ballot contains the name of a person or
      persons in the space provided for a vote for  any  office,  such  ballot
      shall  be  counted  as  a  vote for such person or persons. A vote for a
      person who is the candidate of a party or independent  body  either  for
      president  or  vice-president  shall be deemed to be a vote for both the
      candidates of such party or independent body for such offices. If such a
      ballot contains the name of a party or independent  body  in  the  space
      provided  for a vote for any office, such ballot shall be deemed to be a
      vote for  the  candidate  or  candidates,  if  any,  of  such  party  or
      independent  body  for  such  office.  In  the  case  of  the offices of
      president and  vice-president  a  vote  cast  for  a  candidate,  either
      directly or by writing in the name of a party or independent body, shall
      also  be  deemed to be votes for the electors supporting such candidate.
      Any abbreviation, misspelling or other minor variation in  the  form  of
      the  name  of  a  candidate  or  a  party  or  independent body shall be
      disregarded in determining the validity of the ballot, if the  intention
      can be ascertained.
        c.  The  following provisions shall apply to casting and canvassing of
      all such ballots which are counted by machine and all  other  provisions
      of  this  chapter  with  respect  to casting and canvassing such ballots
      which are not inconsistent with this paragraph shall  be  applicable  to
      such ballots.
        1. Such ballots shall be counted by placing them, arranged by election
      district, in the counting machine.
        2.  Such ballots may be separated into sections before being placed in
      the counting machine.
        3. Any write-in ballots and any ballots which cannot be counted by the
      machine  shall  be  counted  manually  subject  to  all  the  applicable
      provisions of this chapter with respect to counting of absentee ballots.
        4.  The  record  of the vote counted by machine for each candidate and
      for and against each ballot  proposal,  printed  by  election  district,
      shall  be  preserved  in  the same manner and for the same period as the
      returns of canvass for the election.
        d. Any person lawfully present may object to the refusal  to  cast  or
      canvass any ballot on the grounds that the voter is a properly qualified
      voter  of  the election district, or in the case of a party primary duly
      enrolled in such party, or to the casting or canvassing of any ballot on
      the grounds that the voter is not a  properly  qualified  voter  of  the
    
      election  district,  or in the case of a party primary not duly enrolled
      in such party, or otherwise not entitled to cast such ballot.  When  any
      such  objection is made, the central board of inspectors shall forthwith
      proceed  to  determine  such  objection  and  reject or cast such ballot
      according to such determination. If the board cannot  agree  as  to  the
      validity  of  the  ballot it shall set the ballot aside, unopened, for a
      period of three days at which time the ballot envelope shall  be  opened
      and the vote counted unless otherwise directed by an order of the court.
        e.   Upon   completing  the  casting  and  canvassing  of  ballots  as
      hereinabove provided for any election district,  the  central  board  of
      inspectors  shall  thereupon,  as  nearly  as  practicable in the manner
      provided in this chapter for absentee  ballots,  verify  the  number  of
      ballots so cast, tally the votes so cast, add such tally to the previous
      tally  of  all  votes  cast  in such election district, and announce the
      result.