Sec. 33.11.05.04. Ballot Rejection — Multiple Ballots from the Same Individual

The local board shall reject multiple absentee ballots as follows:

A. If a single return envelope contains more than one ballot from the same individual for the same election, all ballots from that individual shall be rejected; and

B. If more than one ballot is received from the same individual in different envelopes:

(1) If the signed oaths have different dates, only the ballot with the later date shall be counted;

(2) If the signed oath associated with one ballot is dated and the signed oath associated with the other ballot is either undated or indecipherably dated, the undated or indecipherably dated ballot shall be rejected;

(3) If the signed oaths all have the same dates or all have indecipherable dates, all ballots shall be rejected; and

(4) If one of the ballots received is a Federal Write-in Absentee Ballot:

(a) If both ballots are timely, only the State ballot shall be counted; but

(b) If only one of the ballots is timely, the timely ballot shall be counted as long as the timely ballot is not rejected for other reasons.

C. If an absentee ballot and provisional ballot are received from the same individual, the local board shall reject both ballots.