Current through the 2024 Regular Session
Section 23-15-907 - Unlawful collection and transmission of ballots mailed to another person; penalties for improper collection of ballots(1) For purposes of this section, the following words shall have the meanings as defined herein unless the context clearly indicates otherwise:(a) "Caregiver" means an individual who provides medical, health care assistance or other assistance to the person to whom the ballot was mailed in a residence, hospital, long-term care facility, nursing home, hospice facility, assisted living center, assisted living facility, assisted living home, residential care institution, adult day health care facility, adult foster care home or other similar facility or institution.(b) "Family member" means an individual who is related by blood, marriage, adoption or legal guardianship to the person to whom the ballot was mailed.(c) "Household member" means an individual who resides at the same residence as the person to whom the ballot was mailed. (2) A person shall not knowingly collect and transmit a ballot that was mailed to another person, except as follows: (a) An election official while engaged in official duties as authorized by law.(b) An employee of the United States Postal Service while engaged in official duties as authorized by law.(c) Any other individual who is allowed by federal law to collect and transmit United States mail while engaged in official duties as authorized by law.(d) A family member, household member, or caregiver of the person to whom the ballot was mailed.(e) A common carrier that transports goods from one place to another for a fee. No parcel shall contain more than a single ballot.(3) Any violation of this section shall be subject to the penalties of Section 97-13-37. (4) Any voter who requires assistance to vote by reason of blindness, disability, or inability to read or write may be given assistance by a person of the voter's choice, other than the voter's employer or agent of that employer or officer or agent of the voter's union, or a candidate whose name is on the ballot, or by a spouse, parent, sibling or child of a candidate whose name is on the ballot, or by a poll watcher who is observing the polling place on election day; however, a candidate for public office or the spouse, parent or child of a candidate may provide assistance upon request of any voter who is related within the first degree.Amended by Laws, 2024, ch. 428, SB 2425,§ 1, eff. 7/1/2024.Added by Laws, 2023, ch. 430, SB 2358,§ 1, eff. 7/1/2023.