(a) The Clerk may challenge an absent voter's ballot on any of the following grounds:
(1) That the application for an absent voter's ballot has not been completed as required by law;
(2) That any statement or declaration contained in the application for an absent voter's ballot is not true;
(3) That the applicant for an absent voter's ballot is not registered to vote in the precinct of his residence as provided by law;
(4) That the person voting an absent voter's ballot by personal appearance in his office had assistance in voting such ballot when the person was not qualified for such voting assistance because:
A. The affidavit of the person who received such assistance does not indicate a legally sufficient reason for such assistance; or
B. The person who received such assistance did not make an affidavit as required by this article; or
C. The person who received such assistance is not so illiterate as to have been unable to read the names on the ballot or that he is not so physically disabled as to have been unable to see or mark the absent voter's ballot; and
(5) That the person who voted an absent voter's ballot by mail and received assistance in voting such ballot, was not qualified under the provisions of this article for such assistance.
(b) Any one or more of the election commissioners or poll clerks in a precinct may challenge an absent voter's ballot on any of the following grounds:
(1) That the application for an absent voter's ballot was not completed as required by law;
(2) That any statement or declaration contained in the application for an absent voter's ballot is not true;
(3) That the person voting an absent voter's ballot is not registered to vote in the precinct of his residence as provided by law;
(4) That the signatures of the person voting an absent voter's ballot as they appear on his registration record, his application for an absent voters' ballot, and the absent voter's ballot envelope are not in the same handwriting;
(5) That the absent voter's ballot does not have thereon the official seal of the Clerk and all signatures of members of the board of ballot commissioners;
(6) That the person voting an absent voter's ballot by personal appearance in the office of the Clerk had assistance in voting such ballot when the person was not qualified for such assistance because:
A. The affidavit of the person who received such assistance does not indicate a legally sufficient reason for such assistance; or
B. The person who received such assistance did not make an affidavit as required by this article; or
C. The person who received such assistance is not so illiterate as to have been unable to read the names on the ballot or that he was not so physically disabled as to have been unable to see or mark the absent voter's ballot;
(7) That the person voted an absent voter's ballot by mail and received assistance in voting such ballot when not qualified under the provisions of this article for such assistance;
(8) That the person who voted the absent voter's ballot voted in person at the polls on election day;
(9) That the person voted an absent voter's ballot under authority of Section 106.01(c) of this article and is or was present in the county in which he is registered to vote between the opening and closing of the polls on election day;
(10) That the person who voted an absent voter's ballot had died before election day;
(11) That the person voted an absent voter's ballot under authority of Section 106.01(a) and was able to vote at the polls on election day; and
(12) On any other ground or for any reason on which or for which the ballot of a voter voting in person at the polls on election day may be challenged.
(c) Any registered voter in the City may challenge an absent voter's ballot voted under authority of Section 106.01(c) on the ground that the voter of such ballot is or was in the City in which he is registered to vote between the opening and closing of the polls on election day and may challenge an absent voter's ballot voted under authority of Section 106.01(a) on the ground that the voter of such ballot was able to vote at the polls on election day.
(d) Forms for, and the manner of, challenging an absent voter's ballot under the provisions of this article shall be prescribed by the Secretary of State.
(e) Absent voters' ballots challenged by the Clerk under the provisions of this article shall be transmitted by the Clerk directly to the board of canvassers; and the absent voters' ballots challenged by the election commissioners, poll clerks and registered voters of the County under the provisions of this article shall not be counted by the election officials but shall be transmitted by them to the board of canvassers.
(Ord. 85-13. Passed 4-18-85.)