Current through Public Act 156 of the 2024 Legislative Session
Section 168.727 - Challenge; duty of election inspector; indiscriminate challenge; penalty(1) An election inspector shall challenge an applicant applying for a ballot if the inspector knows or has good reason to suspect that the applicant is not a qualified and registered elector of the precinct, or if a challenge appears in connection with the applicant's name in the registration book. A registered elector of the precinct present in the polling place may challenge the right of anyone attempting to vote if the elector knows or has good reason to suspect that individual is not a registered elector in that precinct. An election inspector or other qualified challenger may challenge the right of an individual attempting to vote who has previously applied for an absent voter ballot and who on election day is claiming to have never received the absent voter ballot or to have lost or destroyed the absent voter ballot.(2) Upon a challenge being made under subsection (1), an election inspector shall immediately do all of the following:(a) Identify as provided in sections 745 and 746 a ballot voted by the challenged individual, if any.(b) Make a written report including all of the following information: (i) All election disparities or infractions complained of or believed to have occurred.(ii) The name of the individual making the challenge.(iii) The time of the challenge.(iv) The name, telephone number, and address of the challenged individual.(v) Other information considered appropriate by the election inspector.(c) Retain the written report created under subdivision (b) and make it a part of the election record.(d) Inform a challenged elector of his or her rights under section 729.(3) A challenger shall not make a challenge indiscriminately and without good cause. A challenger shall not handle the poll books while observing election procedures or the ballots during the counting of the ballots. A challenger shall not interfere with or unduly delay the work of the election inspectors. An individual who challenges a qualified and registered elector of a voting precinct for the purpose of annoying or delaying voters is guilty of a misdemeanor.Amended by 2004, Act 92, s 12, eff. 4/26/2004.1954, Act 116, Eff. 6/1/1955 ;--Am. 1955, Act 271, Imd. Eff. 6/30/1955 ;--Am. 1995, Act 261, Eff. 3/28/1996.