Section 17-10-23

Time requirements for receipt of absentee ballots; penalty for failure to count legal vote.

No absentee ballot shall be opened or counted if received by the absentee election manager by mail, unless postmarked as of the date prior to the day of the election and received by mail no later than noon on the day of election, or, if received by the absentee election manager by hand delivery, unless so delivered to the absentee election manager not later than 5:00 p.m. on the day prior to the election.

Except as to provisional absentee ballots that have not been verified by seven days after the election, any election official who fails to count a legal vote under Act 96-885 shall be guilty of a Class C felony and punished as provided by law.

(Acts 1996, 2nd Ex. Sess., No. 96-885, p. 1699, §9; Act 2003-313, p. 733, §2.)