Sec. 33.11.04.04. Hold Back of Ballots

A. Required Hold Back. Except as provided in §B of this regulation, to preserve the secrecy of provisional ballots and absentee ballots, the local board shall withhold, from the initial canvass:

(1) At least five absentee ballots of each ballot style to be canvassed during the provisional ballot canvass; and

(2) At least five absentee ballots of each ballot style to be canvassed during the second absentee ballot canvass.

B. If, at the start of the initial canvass, a local board has received five or less absentee ballots of a specific ballot style, the local board shall withhold all of the ballots of that ballot style until the final canvass.

C. Later Canvasses. The absentee ballots withheld under this regulation shall be included and canvassed with the:

(1) Provisional ballots; or

(2) Timely ballots later received on or before the deadline for absentee ballots.