Section 17-16-25

Ballots to be kept secret and inviolate; procedure for handling ballots by inspectors; delivery of sealed records to chairman of county executive committee; restrictions on opening of sealed records; when sealed records to be destroyed.

The ballot of every voter shall be kept secret and inviolate. As the inspectors deposit the ballot, the name of the voter shall be checked off the official voting lists. One of the inspectors, as he hands out the ballot to the voter, shall initial the same on its back and, before depositing it in the ballot box, shall examine said ballot and see that it contains the identical initials aforesaid, and said ballot shall be numbered by one of the inspectors before being deposited in the ballot box and a corresponding number placed by the clerks on a record to be kept for that purpose by them, which records shall be enclosed in a separate envelope and sealed and directed to the chairman of the county executive committee, shall be delivered to him by the returning officer and shall be kept by such chairman and opened only as herein provided. In the event of a contest, such sealed record of only the counties, districts, precincts or wards concerned in the contest shall be open and, when opened, may be used in evidence so far as necessary. Such chairman shall not open such sealed records except on proper demand, as provided for in this chapter, or as permitted by law, or to make certified copies on such demand; and he shall not open them except in the presence of the trial committee. The seal of the ballots shall be removed or broken only as provided for in the provisions of law applicable to general elections. After the time allowed by law for filing contests, if no contest is filed, the chairman of the county executive committee shall destroy the sealed records.

(Acts 1975, No. 1196, 2349, §23.)