Section 7-5-209 - Ballots - Correction of errors(a) If the county board of election commissioners learns that an error or omission has occurred in the publication of the names or description of candidates nominated for office or in the preparation of ballots, the county board of election commissioners shall in a public meeting announce the error or omission and immediately correct the error or omission or show cause why the correction should not be done.(b) If an error in the preparation of the ballots has occurred, the error shall be corrected unless the county board of election commissioners determines by unanimous vote that the error:(1) Cannot be corrected prior to the conclusion of voting; or(2) Is of a nature that:(A) It can be effectively mitigated; and(B) The costs to the county do not justify the correction based on the: (i) Cost of correcting the error;(ii) Disruption to the election process; and(iii) Fiscal impact to the county.(c) As soon as possible, a county board of election commissioners shall correct a ballot error in which there is an omission from the ballot of:(2) A candidate omitted from a race; or(3) An issue other than a school millage issue in which no change is proposed in the rate of the millage.(d)(1) When an error is identified, the applicable mitigation measures shall be implemented, and these measures shall remain in place until the error is corrected or the election concludes.(2) Errors in the rendering of the candidate's name on the ballot shall be mitigated by: (A) Posting a notice on each ballot marking device or voting booth that:(i) Informs voters that an error is present on the ballot; and(ii) Provides the correct rendering of the race including each candidate's name on the ballot as it should have appeared on the ballot for that race in the order in which the candidates appear on the ballot; and(B) Providing a copy of the notice under subdivision (d)(2)(A) of this section to the county clerk who shall include the notice under subdivision (d)(2)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.(3) A notice posted under subdivision (d)(2)(A) of this section regarding an error in the rendering of a candidate's name on the ballot shall not identify the specific candidate affected by the error.(4) Errors in the rendering of a ballot issue shall be mitigated by:(A) Posting a notice on each ballot marking device or voting booth which informs voters that an error is present on the ballot and provides the correct text of the ballot issue in question; and(B) Providing a copy of the notice under subdivision (d)(4)(A) of this section in the materials delivered with all absentee ballots sent after the error is discovered.(5) Omission of a race or issue on the ballot shall be mitigated by: (A) The assignment of voters to another ballot style if another ballot style is available in the county which has the same issues and races which should have been included on the ballot containing the error; or(B) The creation by the county board of election commissioners of a special error correction ballot that shall be provided to voters to allow the voters to vote in the omitted race or issue contest.(e) A special error correction ballot shall be governed by the following provisions:(1) The county board of election commissioners shall work with the county clerk to develop a list of voters affected by the error who require access to the special error correction ballot in addition to their assigned regular ballot;(2)(A) Each voter who has previously cast a ballot that did not include the race or issue omitted shall be contacted by the county board of election commissioners using any contact information provided in the voter's voter registration records.(B) Each voter who has previously cast a ballot that did not include the race or issue omitted may cast the special error correction ballot;(3) When a special error correction ballot is in use, the poll workers shall:(A) Review the list of voters affected by the error when checking in a voter to the poll to vote;(B) Issue the special error correction ballot assigned to each voter identified on the list of affected voters;(C) Note each voter who cast a special error correction ballot on the list of voters; and(D) Ensure each voter deposits the special error correction ballot cast as a regular ballot into a separate sealed ballot box or the emergency bin of the tabulator if no additional ballot box is available; and(4)(A) Poll workers shall allow a voter to cast the special error correction ballot as a provisional ballot if no list of affected voters is available or if a voter believes he or she is entitled to vote in the omitted race but has not been identified on the list of voters affected by the error.(B) A voter who is eligible to cast his or her assigned ballot as a regular ballot and has not been designated as requiring a special error correction ballot may cast a special error correction ballot as a provisional ballot while casting his or her assigned ballot as a regular ballot.(C) If the voter under subdivision (e)(4)(B) of this section is also casting a provisional ballot for any reason not related to the error addressed by the special error correction ballot, the special error correction ballot shall be included in the same provisional envelope as the assigned ballot which is cast provisionally.Amended by Act 2023, No. 308,§ 1, eff. 8/1/2023.Acts 1969, No. 465, Art. 6, § 12; A.S.A. 1947, § 3-612; Acts 1997, No. 451, § 14; 2009, No. 1480, § 21.