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This entry was published on 2024-01-05
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SECTION 8-506
Challenges; early mail, absentee, military, special federal and special presidential ballots
Election (ELN) CHAPTER 17, ARTICLE 8, TITLE 5
§ 8-506. Challenges; early mail, absentee, military, special federal
and special presidential ballots. 1. During the examination of early
mail, absentee, military, special federal and special presidential
voters' ballot envelopes, any inspector shall, and any watcher or
registered voter properly in the polling place may, challenge the
casting of any ballot upon the ground or grounds allowed for challenges
generally, or (a) that the voter was not entitled to cast an early mail,
absentee, military, special federal or special presidential ballot, or
(b) that notwithstanding the permissive use of titles, initials or
customary abbreviations of given names, the signature on the ballot
envelope does not correspond to the signature on the registration poll
record, or (c) that the voter died before the day of the election. A
challenge to an early mail ballot may not be made on the basis that the
voter should have applied for an absentee ballot. A challenge to an
absentee ballot may not be made on the basis that the voter should have
applied for an early mail ballot.

2. The board of inspectors forthwith shall proceed to determine each
challenge. Unless the board by majority vote shall sustain the
challenge, an inspector shall endorse upon the envelope the nature of
the challenge and the words "not sustained", shall sign such
endorsement, and shall proceed to cast the ballot as provided herein.
Should the board, by majority vote, sustain such challenge, the reason
and the word "sustained" shall be similarly endorsed upon the envelope
and an inspector shall sign such endorsement. The envelope shall not be
opened and such envelope shall be returned unopened to the board of
elections. If a challenge is sustained after the ballot has been removed
from the envelope, but before it has been deposited in the ballot box,
such ballot shall be rejected without being unfolded or inspected and
shall be returned to the envelope. The board shall immediately enter the
reason for sustaining the challenge on such envelope and an inspector
shall sign such endorsement.

3. If the board of inspectors determines by majority vote that it
lacks sufficient knowledge and information to determine the validity of
a challenge, the inspectors shall endorse upon the ballot envelope the
words "unable to determine", enter the reason for the challenge in the
appropriate section of the challenge report and return the envelope
unopened to the board of elections. Such ballots shall be cast and
canvassed pursuant to the provisions of section 9-209 of this chapter.