§ 28.50.140. Replacement ballots.

A.

Voting at a precinct or accessible vote center. When provided a ballot at a precinct or accessible vote center, if a voter improperly marks or otherwise damages the ballot, the voter may request and an election official shall provide the voter with another ballot. In order to receive a new ballot, the voter must surrender the improperly marked ballot to the election official at the polling location or accessible vote center. The official shall record the number and type of the ballot reissued and the voter shall tear up the improperly marked or damaged ballot. The election official shall place it in a special envelope immediately without examining it.

B.

Voting by mail or as special needs. A voter may obtain a replacement ballot if the original ballot is destroyed, spoiled, lost, or not received by the voter. The municipal clerk may issue a replacement ballot if the request is received prior to 5:00 p.m. the day before election day. Requests may be made in person, in writing, by telephone, or electronically, by the voter, the voter's designated representative under section 28.60.040, or by a person exercising the right under a valid power of attorney. The municipal clerk shall keep a record of each request for a replacement ballot. The first ballot received, whether original or replacement, shall be the only ballot tabulated, if the ballot meets all requirements for tabulation. If the municipal clerk receives additional ballots from a voter, as indicated by the fact that the voter is already credited with voting, the additional ballots shall not be counted and shall be forwarded to the election commission for rejection.

1.

Failure to provide a replacement ballot as prescribed in this section does not by itself provide a basis for an election contest or other legal challenge to the results of an election.

(AO No. 2017-29(S) , § 21, 6-1-17; AO No. 2018-4(S) , § 11, eff. retroactively 12-1-17)

State law reference

Similar provisions, AS 15.15.250.

Editor's note

AO No. 2017-29(S) , § 21, effective June 1, 2017, amended section 28.50.140 in its entirety to read as herein set out. Former section 28.50.140, pertained to disposition of improperly marked ballot, and derived from GAAB 7.05.130; CAC 2.68.240.B; AO No. 85-75; AO No. 2001-43, § 2, 2-27-01; AO No. 2013-130(S-1), § 3, 1-14-14.