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(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.
History: Eff. 6/22/98, Register 147; am 10/31/98, Register 148; am 8/22/2004, Register 171
Authority: AS 15.15.010
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Last modified 7/05/2006