49.81  Procedure for challenged voter to cast ballot.

1.  A prospective voter who is prohibited under section 49.77, subsection 4, or section 49.80 from voting except under this section shall be permitted to cast a paper ballot. If a booth meeting the requirement of section 49.25 is not available at that polling place, the precinct election officials shall make alternative arrangements to insure the challenged voter the opportunity to vote in secret. The marked ballot, folded as required by section 49.84, shall be delivered to a precinct election official who shall immediately seal it in an envelope of the type prescribed by subsection 4. The sealed envelope shall be deposited in a special envelope marked "ballots for special precinct" and shall be considered as having been cast in the special precinct established by section 53.20 for purposes of the postelection canvass.

2.  Each person who casts a special ballot under this section shall receive a printed statement in substantially the following form: 

Your qualifications as a registered voter have been challenged for the following reasons:


I.  . . . . . . . . .

II.  . . . . . . . . .

III.  . . . . . . . . . 

Your right to vote will be reviewed by the special precinct counting board on . . . . . . . You have the right and are encouraged to make a written statement and submit additional written evidence to this board supporting your qualifications as a registered voter. This written statement and evidence may be given to an election official of this precinct on election day or mailed or delivered to the county commissioner of elections, but must be received prior to noon on . . . . . . at . . . . . . . If your ballot is not counted you will receive notification of this fact. 

3.  Any elector may present written statements or documents, supporting or opposing the counting of any special ballot, to the precinct election officials on election day, until the hour for closing the polls. Any statements or documents so presented shall be delivered to the commissioner when the election supplies are returned.

4.  The individual envelopes used for each paper ballot cast pursuant to subsection 1 shall have printed on them the format of the face of the registration form under section 48A.8 and the following: 

I believe I am a registered voter of this precinct. I registered to vote in . . . . . . county on or about . . . . . . at . . . . . . . My name at that time was . . . . . . . I have not moved to a different county since that time. I am a United States citizen, at least eighteen years of age.

 

          . . . . . . . . .           (signature of voter) (date) 

The following information is to be provided by the precinct election official:


Reason for challenge:                                                                                                           
. . . . . . . . .                                                                                                                             
. . . . . . . . . 

          . . . . . . . . .           (signature of precinct           election official)

 

Section History: Early form

  [C77, 79, 81, § 49.81]

Section History: Recent form

  87 Acts, ch 221, § 19, 20; 94 Acts, ch 1169, §51, 64

Internal References

  Referred to in § 49.77, 49.79, 49.80, 50.20, 50.21, 53.19


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