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Session Laws, 1951
Volume 603, Page 19   View pdf image (33K)
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THEODORE R. MCKELDIN, GOVERNOR 19

not previously registered, and such registration shall be deemed
to have been made on the day of said election and prior to the
casting of their votes by such Absentee Residents. Immediately
after completing such registration, said Board shall proceed to
count, certify and canvass the ballots contained in the Ballot
Envelopes, received by them, at any time prior to the closing of
the polls on election day. Whenever the Board shall determine
from proof or investigation that any person who has marked
and transmitted an Absentee Ballot, under the provisions of
this sub-title, has died before election day, said Board shall not
count the ballot of said deceased voter, but it shall be pre-
served by said Board for six months, and may then be de-
stroyed, unless prior to that time the Board be ordered by a
court of competent jurisdiction to keep the same for any longer
period. Unless at or prior to the time of such counting and can-
vassing the Board shall have determined that the Absentee
Resident who marked a ballot had died before election day,
said ballot shall be counted, and the fact that said Absentee
Resident may later be shown to have been actually dead on
election day shall not invalidate said ballot or said election. If
said Board determines that said Absentee Resident voted in
person at said election, his Absentee Ballot shall not be
counted.

(b) If the Board determines that the provisions for filling
out and signing the oath on the outside of the Ballot Envelope
have been substantially complied with and that the person
signing the voter's oath is entitled to vote under this sub-title
in any precinct or election district or ward of the City, as the
case may be, and has not already voted therein on election day,
they shall open the Ballot Envelope and remove the ballot
therefrom and place it in a ballot box or ballot boxes prepared
for that purpose. The Board shall not open or unfold any Ab-
sentee Ballot at any time prior to the counting of same. When
any Ballot Envelope is opened, the Board shall enter in the ap-
propriate register the fact that the voter whose name appears
thereon has voted, using the initials "V. M. " to indicate that
the vote has been by mail. If there be more than one ballot in
the Ballot Envelope, all shall be rejected. "Absentee Ballots"
may be marked by any kind of pencil or ink. All Absentee
Ballots shall be kept separate and apart from ballots cast at
the regular voting places and retained for six (6) months after
the date of election at which they were cast, unless prior to
that time, the Board shall be ordered by a Court of competent
jurisdiction, to keep the same for any longer period.

222. Contests concerning registration, voting or the validity
of any ballot under this sub-title shall be decided by the Board.
No registration shall be denied and no ballot rejected except



 

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Session Laws, 1951
Volume 603, Page 19   View pdf image (33K)
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