Current through the 2024 Regular Session
Section 23-15-645 - Processing and tallying of absentee ballots cast in registrar's office and received by mail that are deposited into sealed ballot box; preservation of materials relative to absentee voters; return of materials to registrar; disposal of unused ballots(1) Absentee ballots cast in the registrar's office and received by mail that are deposited into a sealed ballot box shall be processed on election day but not tallied until after closing of the polls and announced simultaneously with all other votes cast on election day.(2) After the votes have been counted, the officials shall preserve all applications, envelopes and the list of absent voters along with the mailed paper and paper ballots and other election materials and return the same to the registrar.(3) Notwithstanding any other provision of law to the contrary, for federal and presidential general, special or primary elections, packages of protested, void and wholly blank ballots, voted ballots, open packages of unused ballots, sealed packages of unused ballots, and all absentee and military ballots and ballot envelopes, if any, shall be preserved for twenty-two (22) months after the date of any such general, special or primary election. For all other statewide, county or municipal elections, sealed packages of unused ballots, packages of protested, void and wholly blank ballots, open packages of unused ballots and all absentee and military ballots and ballot envelopes shall be retained for four (4) months, and may then be destroyed, provided a certificate articulating the election district identifying data and numbers of such ballots is filed with the balance of ballots described in this section, for the balance of the twenty-two-month retention period.Derived from 1972 Code § 23-9-423 [Codes, 1942, § 3203-403; Laws, 1972, ch. 490, § 403; repealed by Laws, 1986, ch. 495, § 341]; Laws, 1986, ch. 495, § 210, eff. 1/1/1987.Amended by Laws, 2020, ch. 472, HB 1521,§ 3, eff. 7/8/2020.