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IN THE SENATE
SENATE BILL NO. 1375
BY STATE AFFAIRS COMMITTEE
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AN ACT
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TO REVISE PROVISIONS REGARDING ELECTION DAY REGISTRATION; AMENDING
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VISIONS REGARDING VOTER REGISTRATION BY MAIL; AMENDING SECTION 34-411,
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REVISE PROVISIONS REGARDING THE ISSUANCE OF AN ABSENTEE BALLOT; AMEND-
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ENVELOPES, TO REMOVE A PROVISION REGARDING PERFORATED BALLOTS, AND TO
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REVISE PROVISIONS REGARDING THE RETURN OF AN ABSENTEE BALLOT; AMEND-
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REVISE PROVISIONS REGARDING VOTERS WITHOUT PHOTO IDENTIFICATION; AND
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DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
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amended to read as follows:
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34-408A. ELECTION DAY REGISTRATION. (1) An individual who is eligible
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to vote may register on election day by appearing in person at the polling
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place for the precinct in which the individual maintains residence, by com-
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pleting a registration application, making an oath in the form prescribed
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by the secretary of state, and providing proof of identity, residence, and
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ship for purposes of registering by:
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sued through the department of transportation; or
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(2) Showing any document which contains a valid address in the precinct
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together with a picture identification card; or
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(3) Showing a current valid student photo identification card from
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current student fee statement that contains the student's valid ad-
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dress in the precinct showing photo identification set forth in section
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(2) Election day registration provided in this section shall apply to
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and municipal elections.
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(3) An individual who is eligible to vote may also register, upon
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providing proof of residence photo identification set forth in section
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(4) Until July 1, 2023, an individual who cannot provide proof of iden-
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tity, residence, or citizenship at election day registration may be given a
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ballot that may be voted but shall then be placed in a security envelope list-
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ing the voter's contact information and signed affidavit and held in a secure
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can be verified during those two (2) business days, the ballot will be in-
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during that time, the ballot shall be marked void by the clerk and shall not
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be counted in the canvass of votes but shall be retained pursuant to section
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amended to read as follows:
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34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of
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state may create and maintain an electronic system for voter registration
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that is publicly available on its official website. Any qualified elec-
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tor who has a current valid driver's license or identification card issued
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by submitting a completed voter registration application electronically
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through such website. Electronic voter registration applications shall be
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submitted before the close of registration as provided in section 34-408,
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(2) The electronic voter registration application shall be in a form
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prescribed by the secretary of state and shall:
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(a) Require the information under oath or affirmation set forth in sec-
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(b) Include notice of the requirement to provide personal photo iden-
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tification and proof of citizenship before voting at the polls as set
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(c) Require an electronic signature of the applicant.
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(3) The office of the secretary of state shall obtain a digital copy
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of the applicant's driver's license or identification card signature from
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shall, upon request of the office of the secretary of state, provide a dig-
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ital copy of the applicant's driver's license or identification card signa-
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ture.
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(4) Upon receipt of a completed voter registration application and a
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digital copy of the applicant's driver's license or identification card sig-
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States citizenship, the office of the secretary of state shall send the in-
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formation to the county clerk for the county in which the applicant resides.
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The county clerk shall prepare and issue to each elector registering elec-
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tronically a verification of registration containing the name and residence
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of the elector and the name or number of the precinct in which the elector
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resides. Such verification of registration may be sent by nonforwardable
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first-class first class mail or by electronic mail at the elector's option.
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If a verification is returned undeliverable, then the county clerk shall re-
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move the elector from the register of electors.
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(5) An applicant using the electronic system for voter registration
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pursuant to this section shall not be required to complete a printed regis-
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tration card.
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(6) The office of the secretary of state shall use such security mea-
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sures necessary to ensure the accuracy and integrity of an electronically
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submitted voter registration application.
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(7) Any person using the electronic system for voter registration pur-
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suant to this section must vote in person at a polling place, showing proper
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once before being able to vote by absentee ballot through the mail. Upon re-
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ceipt of a written application to the county clerk from any elector who, by
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reason of illness or physical incapacity, is prevented from voting in person
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at a polling place for the first time after registering electronically, the
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county clerk or his designee shall personally verify the elector's proper
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photo identification at the place of abode of the elector and shall receive
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the elector's voted ballot for inclusion in the canvass of votes.
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amended to read as follows:
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34-410. MAIL REGISTRATION. (1) Any elector may register by mail for
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any election. Any mail registration application must be received by the
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county clerk prior to the close of registration as provided in section
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marked not later than twenty-five (25) days prior to an election shall be
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deemed timely. A mail registration application must be accompanied by a
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photocopy of the applicant's photo identification set forth in section
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(2) The secretary of state shall prescribe the form for the mail regis-
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tration application. This mail application form shall be available for dis-
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tribution through governmental and private entities, with particular empha-
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sis on making them available for organized voter registration programs.
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(3) Any federal mail registration form adopted pursuant to the provi-
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sions of the national voter registration act of 1993 (P.L. 103-31) shall also
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be accepted as a valid registration, if such form is postmarked not later
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than twenty-five (25) days prior to an election. However, if proper photo
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Code, does not accompany the federal mail registration form, the elector
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shall be permitted to vote only for federal offices.
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(4) The county clerk shall prepare and issue by first class nonforward-
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able mail to each elector registering by mail a verification of registration
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containing the name and residence of the elector and the name or number of the
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precinct in which the elector resides.
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(5) A verification returned undeliverable shall cause the county clerk
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to remove the elector's card from the register of electors.
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copy of proper identification will be required prior to issuance of a ballot
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to anyone who has registered by mail and has not previously voted in an elec-
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tion for federal office in the state. Proper identification consists of:
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(1) A current and valid photo identification; or
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(2) A copy of a current utility bill, bank statement, government check,
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paycheck, or other government document that shows the name and address
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of the voter photo identification set forth in section 34-411(1)(h),
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(7) Any person registering to vote by mail pursuant to this section must
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vote in person at a polling place, showing proper photo identification pur-
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vote by absentee ballot through the mail. Upon receipt of a written applica-
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tion to the county clerk from any elector who, by reason of illness or physi-
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cal incapacity, is prevented from voting in person at a polling place for the
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first time after registering by mail, the county clerk or his designee shall
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personally verify the elector's proper photo identification at the place of
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abode of the elector and shall receive the elector's voted ballot for inclu-
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sion in the canvass of votes.
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amended to read as follows:
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34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector
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who requests registration shall supply the following information under oath
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or affirmation:
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(a) Full name and sex.;
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(b) Mailing address, residence address, or any other necessary infor-
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mation definitely locating the elector's residence.;
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(c) The period of time preceding the date of registration during which
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the elector has resided in the state.;
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(d) Whether or not the elector is a citizen.;
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(e) That the elector is under no legal disqualifications to vote.;
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(f) The county and state where the elector was previously registered,
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if any.;
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(g) Date of birth.; and
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(h) One (1) of the photo identification cards set forth in this para-
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zenship. Such card must be current; provided, however, if the residen-
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tial address shown on the photo identification is not current or if the
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card expired no longer than twenty-four (24) months prior to the elec-
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tor's presentation of the card, the card may be accepted if it is accom-
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panied by a copy of the elector's current mortgage statement, utility
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bill, bank statement, paycheck, or government check showing the name
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and current address of the individual. Acceptable photo identification
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cards are:
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(i) A cCurrent driver's license number or identification card is-
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last four (4) digits of the elector's social security number.;
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(iii) A concealed weapons permit or enhanced concealed carry per-
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or
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(iv) Any other photo identification card issued by the United
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financial assistance in obtaining a state photo identification card if
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paying the associated fee is an undue hardship on the elector. The elec-
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tor may be granted such a hardship fee waiver only once.
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select an affiliation with a political party qualified to participate in
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nated as "unaffiliated." The selection of party affiliation or designation
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as "unaffiliated" shall be maintained within the voter registration sys-
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fail or refuse to make such a selection, the county clerk shall record as
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"unaffiliated" such elector within the voter registration system as pro-
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(3) Any elector who shall supply supplies any information under subsec-
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tion (1) of this section, knowing it to be false, is guilty of perjury.
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(4) Each elector who requests registration may, at the elector's op-
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tion, supply the elector's telephone number. If the telephone number is sup-
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plied by the elector, the telephone number shall be available to the public.
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amended to read as follows:
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34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector
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may make written application to the county clerk, or other proper officer
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charged by law with the duty of issuing official ballots for such election,
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for an official ballot or ballots of the kind or kinds to be voted at the elec-
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tion. The application shall contain the name of the elector, the elector's
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home address, county, and address to which such ballot shall be forwarded.
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(2) In order to provide the appropriate primary election ballot to
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electors, in the event a political party elects to allow unaffiliated elec-
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tors to vote in that party's primary election pursuant to section 34-904A,
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for a ballot for primary elections, the elector's party affiliation or des-
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ignation as "unaffiliated." The application shall contain checkoff boxes
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for unaffiliated electors by which such electors shall indicate for which
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party's primary ballot the unaffiliated elector chooses to vote. Provided
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however, that no political party's primary election ballot shall be provided
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to an unaffiliated elector for a political party that has not elected to al-
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low unaffiliated electors to vote in that political party's primary election
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indicate a choice of political party's primary election ballot, the elector
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shall receive a nonpartisan ballot.
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(3) In order to provide the appropriate primary election ballot to
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electors, in the event one (1) or more political parties elect to allow elec-
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tors affiliated with a different political party to vote in that party's
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primary election, the application shall contain checkoff boxes by which such
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electors may indicate the primary ballot in which the elector wishes to vote.
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(4) For electors who are registered to vote as of January 1, 2012, and
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who remain registered electors, the elector shall designate, as part of
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the written application for a ballot for the 2012 primary elections, the
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elector's party affiliation or designation as "unaffiliated." The applica-
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tion shall contain checkoff boxes for unaffiliated electors by which such
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electors shall indicate for which party's primary election ballot the unaf-
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Provided however, that no political party's primary election ballot shall
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be provided to an unaffiliated elector for a political party that has not
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elected to allow unaffiliated electors to vote in the party's primary elec-
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does not indicate a choice of political party's primary election ballot, the
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elector shall receive a nonpartisan ballot. After the 2012 primary elec-
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tion, the county clerk shall record the party affiliation or unaffiliated
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designation so selected on the application for an absentee ballot as part of
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such an elector's record within the voter registration system as provided
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(5) After the 2012 primary election, electors who remain registered
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voters and who did not vote in the 2012 primary elections and who make written
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application for an absentee ballot shall be designated as unaffiliated elec-
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given the appropriate ballot for such "unaffiliated" designation pursuant
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to the provisions of this act.
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(64) An elector may not change party affiliation or designation
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as "unaffiliated" on an application for absentee ballot. For primary
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elections, an elector may change party affiliation or designation as
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(75) The application for an absent elector's ballot shall be signed
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personally by the applicant and shall provide the applicant's date of birth
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and the last four (4) digits of the applicant's driver's license number or
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other identification document used by the applicant when registering to
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vote. The application for a mail-in absentee ballot shall be received by the
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county clerk not later than 5:00 p.m. on the eleventh day before the elec-
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tion. An application for in-person absentee voting at the absent elector's
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the county clerk not later than 5:00 p.m. on the Friday before the election.
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Application for an absentee ballot may be made by using a facsimile machine
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or other electronic transmission. On and after July 1, 2023, no single ap-
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plication for an absent elector's ballot shall apply to more than one (1)
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election date. A separate application is required for each election in which
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the elector wishes to vote by absent elector's ballot.
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(86) A person may make application for an absent elector's ballot by use
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of a properly executed federal postcard application as provided for in the
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voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended). The issuing offi-
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cer shall keep as a part of the records of such officer's office a list of all
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applications so received and of the manner and time of delivery or mailing
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to and receipt of returned ballot. An applicant who does not accompany the
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federal postcard application with a copy of proper photo identification set
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for federal offices.
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(97) The county clerk shall, not later than seventy-five (75) days af-
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ter the date of each general election, submit a report to the secretary of
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state containing information concerning absentee voters as required by fed-
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eral law.
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amended to read as follows:
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34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an applica-
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tion for an absent elector's ballot that includes the applicant's date of
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birth and the last four (4) digits of the applicant's driver's license number
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or other identification document used by the applicant when registering to
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vote, within the proper time, the county clerk receiving it shall examine the
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records of the county clerk's office to ascertain whether or not such appli-
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cant is registered and lawfully entitled to vote as requested and, if found
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to be so, the county clerk shall arrange for the applicant to vote by absent
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elector's ballot.
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(2) In the case of requests for primary ballots:
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(a) Except as provided in paragraph (b) of this subsection, an elector
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who has designated a political party affiliation shall receive a pri-
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mary ballot for that political party.
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(b) An elector who has designated a political party affiliation pur-
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ballot of a political party other than the political party such elector
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is affiliated with if such other political party has provided notifica-
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tion to the secretary of state that identifies the political party such
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elector is affiliated with, as provided for in section 34-904A(2)(b),
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(c) An unaffiliated elector shall receive the primary ballot for the
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political party the elector designated in the elector's application for
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however, that a political party's ballot shall not be provided to an un-
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affiliated elector where that political party has not elected to allow
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unaffiliated electors to vote in such party's primary election pursuant
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(d) If an unaffiliated elector does not indicate a choice of a political
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party's primary ballot, the elector shall receive a nonpartisan ballot.
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(e) Once an absentee primary ballot is issued to an elector by the
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county clerk, the county clerk may not issue the same elector a new
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absentee primary ballot with a different party affiliation than the
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absentee ballot originally issued to the elector, unless the original
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absentee ballot type was issued in error by the county clerk.
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(3) The absentee ballot may be delivered to the absent elector in the
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office of the county clerk, or by postage prepaid mail or by other appropri-
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ate means, including use of a facsimile machine or other electronic trans-
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mission. Validly requested absentee ballots for candidates for federal of-
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fice, where the request is received at least forty-five (45) days before an
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election, shall be sent no later than forty-five (45) days before that elec-
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tion to all electors who are entitled to vote by absentee ballot.
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(4) Pursuant to the uniformed and overseas citizens absentee voting act
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(UOCAVA, 52 U.S.C. 20301 et seq., as amended) the secretary of state shall
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establish procedures for the transmission of blank absentee ballots by mail
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and by electronic transmission for all electors who are entitled to vote by
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absentee ballot under the uniformed and overseas citizens absentee voting
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act UOCAVA, and by which such electors may designate whether the elector
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prefers the transmission of such ballots by mail or electronically. If no
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preference is stated, the ballots shall be transmitted by mail. The secre-
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tary of state shall establish procedures for transmitting such ballots in a
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manner that shall protect the security and integrity of such ballots and the
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privacy of the elector throughout the process of transmission.
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(5) A political party may supply a witness to accompany the clerk in the
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personal delivery of an absentee ballot. If the political party desires to
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supply a witness, it shall be the duty of the political party to supply the
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names of such witnesses to the clerk no later than forty-six (46) days prior
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to the election. The clerk shall notify such witnesses of the date and ap-
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proximate hour the clerk or deputy clerk intends to deliver the ballot.
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(6) A candidate for public office or a spouse of a candidate for public
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office shall not be a witness in the personal delivery of absentee ballots.
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(7) An elector physically unable to mark such elector's own ballot
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may receive assistance in marking such ballot from the officer delivering
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same or an available person of the elector's own choosing. In the event
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the election officer is requested to render assistance in marking an absent
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elector's ballot, the officer shall ascertain the desires of the elector and
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shall vote the applicant's ballot accordingly. When such ballot is marked by
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an election officer, the witnesses on hand shall be allowed to observe such
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marking. No county clerk, deputy, or other person assisting a disabled voter
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shall attempt to influence the vote of such elector in any manner.
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amended to read as follows:
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34-1004. MARKING AND FOLDING OF ABSENTEE BALLOT -- AFFIDAVIT -- RETURN
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ENVELOPE. (1) Upon receipt of the absent elector's ballot, the elector shall
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thereupon mark and fold the ballot so as to conceal the marking, deposit it
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in the ballot envelope, and seal the envelope securely. In the event an elec-
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tion requires a perforated ballot, the unvoted portion must be deposited in
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the unvoted ballot envelope and sealed. The ballot envelopes must then be
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deposited in the return envelope and sealed securely.
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(2) The elector shall then execute an affidavit on the back of the re-
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turn envelope in the form prescribed, provided however, that such affidavit
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need not be notarized.
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(3) The secretary of state shall design the absentee ballot return en-
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velopes to contain the name and signature of the voter, the last four (4)
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digits of the voter's acceptable photo identification card number listed in
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tionship to the voter, and last four (4) digits of an acceptable photo iden-
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turning the absentee ballot on behalf of the voter. The envelope shall also
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be designed to provide privacy for the information required by this subsec-
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tion until the ballot is received at the elections office.
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amended to read as follows:
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34-1005. RETURN OF ABSENTEE BALLOT. (1) The return envelope shall must
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be mailed or delivered by hand personally to the officer who issued the same
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or his designee; provided, that an absentee ballot must be received by the
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issuing officer or his designee by 8:00 p.m. on the day of election before
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such ballot may be counted.
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(2) Upon receipt of an absent elector's ballot, the county clerk of the
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county wherein such elector resides shall verify the authenticity of the af-
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fidavit, including verifying that the signature matches the signature from
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such elector's voter registration, and shall write or stamp upon the enve-
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lope containing the same, the date and hour such envelope was received in his
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Code. He shall safely keep and preserve all absent electors' ballots un-
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opened until the time prescribed for delivery to the polls or to the central
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count ballot processing center.
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amended to read as follows:
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34-1113. IDENTIFICATION AT THE POLLS. All voters shall be required to
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provide personal photo identification meeting the requirements of section
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identification that may be presented shall be one (1) of the following:
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(2) A passport or an identification card, including a photograph, is-
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(3) A tribal identification card, including a photograph;
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(4) A current student identification card, including a photograph, is-
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sued by a high school or an accredited institution of higher education, in-
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cluding a university, college or technical school, located within the state
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(5) A license to carry concealed weapons issued under section 18-3302,
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amended to read as follows:
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34-1114. AFFIDAVIT IN LIEU OF -- PERSONAL IDENTIFICATION. (1) If a
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voter is not able to present personal photo identification as required in
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in lieu of the personal identification. The affidavit shall be on a form
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prescribed by the secretary of state and shall require the voter to provide
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the voter's on a secure envelope prescribed by the secretary of state. The
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voter shall place his voted ballot into the envelope and, on the outside of
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the envelope, shall provide his name and address. The voter shall sign the
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affidavit. The affidavit shall be kept in a secure location by the election
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clerk.
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(2) A voter completing such an affidavit shall have two (2) business
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days to return to the polling place or clerk's office and present proper
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photo identification meeting the requirements of section 34-411(1)(h),
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voter's ballot in the canvass of votes. If the voter does not return and
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present proper verification within two (2) business days, the clerk shall
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void the ballot and the ballot shall not be counted in the canvass of votes.
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(3) Any person who knowingly provides false, erroneous, or inaccurate
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information on such affidavit shall be guilty of a felony.
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(4) The provisions of this section shall be null, void, and of no force
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and effect on and after July 1, 2023.
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SECTION 11. An emergency existing therefor, which emergency is hereby
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declared to exist, this act shall be in full force and effect on and after
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July 1, 2022.