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This entry was published on 2014-09-22
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SECTION 8-312
Voting; election day paper ballots, marking and casting, delivery to voter
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 3
§ 8-312. Voting; election day paper ballots, marking and casting,
delivery to voter. 1. On receiving his or her ballot, the voter
forthwith shall retire alone, unless he or she is entitled to assistance
in voting or is accompanied by a child under sixteen years of age, to an
unoccupied privacy booth and mark his or her ballot using a writing
instrument supplied by the board of elections. He or she shall not
occupy a privacy booth more than five minutes if other voters are
waiting to occupy it. If the voter wrongly marks, defaces or tears a
ballot, he or she may successively obtain others, one ballot at a time,
not exceeding three ballots in all, upon returning to the inspectors or
clerks each ballot already received.

2. When the voter shall have marked the ballot, he or she shall leave
the privacy booth with the ballot, proceed at once to the ballot
scanner, insert such ballot into the ballot scanner and wait for the
notice that the ballot has been successfully scanned. If no such notice
appears, the voter shall seek the assistance of an election inspector.

3. Upon voting, the voter forthwith shall pass outside the guardrail,
unless he or she is a person authorized to remain for other purposes
than voting.

4. When a person shall have received a paper ballot from any clerk, or
inspector, as hereinbefore provided, he or she shall be deemed to have
commenced the act of voting, and if, after receiving such official
ballot, he or she shall leave the space inclosed by the guard-rail
before the deposit of his or her ballot in the ballot scanner, ballot
box or other secure storage container, as hereinbefore provided, he or
she shall not be entitled to pass again within the guard-rail for the
purpose of voting, or to receive any further ballots.

5. No ballot without the official indorsement shall be allowed to be
deposited in the ballot scanner or, when a ballot scanner is inoperable
or otherwise unable to scan the ballot, in a ballot box or other secure
storage container except for emergency ballots as provided in
subdivision two of section 7-120 of this chapter. No person to whom any
election day paper ballot shall be delivered shall leave the space
within the guard-rail until after he or she shall have scanned the
ballot, deposited the ballot in a ballot box or other secure storage
container or delivered the ballot back to the inspectors or to the
clerks.

6. Election day paper ballots being used with optical scan voting
systems or intended to be counted by hand pursuant to subdivision one of
section 7-200 of this chapter shall be delivered to the voter in a
manner consistent with the rules and regulations promulgated by the
state board of elections.