Section 6.25.065. Questioned and absentee facsimile ballots.

	(a)  The procedures in this section apply to a voted questioned or absentee ballot that has been received at a regional elections office for a determination as to whether the ballot is eligible for counting.  
	(b)  Board members shall set aside a ballot described in (a) of this section that is eligible for counting if  
		(1) the voted ballot cannot be counted by the Accu-Vote absentee and questioned ballot tabulator because  
			(A) the voter marked the ballot in a manner that causes the tabulator to reject the ballot; or  
			(B) the ballot is otherwise damaged; and  
		(2) the board members determined that the ballot contains clear evidence of the voter's intent.  
	(c)  The board members shall make an exact copy of a voted ballot described in (b) of this section, for substitution as a facsimile ballot. The board members shall count the facsimile ballot using the rules in AS 15.15.360 for counting hand-marked ballots.  
	(d)  The original of a voted ballot for which a facsimile ballot is prepared under this section must be clearly labeled "original." A facsimile ballot prepared under this section must be clearly labeled "facsimile." After completion of the counting process, the original and the facsimile of a voted ballot must be placed in envelopes and the envelopes must be sealed.  
	(e)  In this section, "board members" means members of the district absentee ballot counting board, the district questioned ballot counting board, the regional Accu-Vote review board, or the state ballot counting review board designated by the division to perform the functions described in this section.  

Authorities

15.15.010;15.15.030;15.20.201;15.20.205;15.20.900

Notes

Reference

6 AAC 25.680

Authority

AS 15.15.010 AS 15.15.030 AS 15.20.201 AS 15.20.205 AS 15.20.900 Editor's note: On September 9, 1982, a regulation was assigned the section number 6 AAC 25.065 (substitution of a new candidate), took effect as an emergency regulation, and was distributed in Register 84. The Division of Elections did not make the emergency regulation permanent; therefore, it expired on January 6, 1983. Inadvertently, the same section number was assigned to a later regulation with different subject matter: 6 AAC 25.065 (questioned and absentee facsimile ballots). The later regulation first took effect June 22, 1998 (Register 147). The section number 6 AAC 25.065 has been retained for that later regulation. The current history note for 6 AAC 25.065 does not reflect the history of the earlier, expired emergency regulation.

History

Eff. 6/22/98, Register 147; am 10/31/98, Register 148; am 8/22/2004, Register 171

References

6.25.065