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This entry was published on 2023-01-06
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SECTION 5-904
Presumption of innocent authorized error
Election (ELN) CHAPTER 17, ARTICLE 5, TITLE 9
§ 5-904. Presumption of innocent authorized error. 1. Notwithstanding
subdivision six of section 5-210 of this article or any other law to the
contrary, a person who is ineligible to vote who fails to decline to
register or pre-register to vote in accordance with the provisions of
this section and did not willfully and knowingly seek to register or
pre-register to vote knowing that the person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's
failure to make such declination;

(b) shall be deemed to have been registered or pre-registered with
official authorization; and

(c) such act may not be considered as evidence of a claim to
citizenship.

2. Notwithstanding subdivision six of section 5-210 of this article or
any other law to the contrary, a person who is ineligible to vote who
fails to decline to register or pre-register to vote in accordance with
the provisions of this section, who then either votes or attempts to
vote in an election held after the effective date of that person's
registration, and who did not willfully and knowingly seek to register
or pre-register to vote knowing that the person is not eligible to do
so, and did not subsequently vote or attempt to vote knowing that the
person is not eligible to do so:

(a) shall not be guilty of any crime as the result of the applicant's
failure to make such declination and subsequent vote or attempt to vote;

(b) shall be deemed to have been registered or pre-registered with
official authorization; and

(c) such act may not be considered as evidence of a claim to
citizenship.