The county clerk shall have access to sufficient ballots to send to federal qualified electors no later than the last business day before the forty-fifth day prior to an election. All other pre-printed ballots shall be in the possession of the county clerk at least forty days before the election. When a county is using a system that is designed to print ballots at a polling location, the system shall be programmed and capable of operation at least forty days before the election.

History: 1953 Comp., § 3-10-11.5, enacted by Laws 1977, ch. 222, § 28; 2009, ch. 150, § 9; 2011, ch. 137, § 72; 2015, ch. 145, § 57; 2019, ch. 212, § 100.

The 2019 amendment, effective April 3, 2019, after "All other", added "pre-printed", and after "shall be", deleted "printed and".

The 2015 amendment, effective July 1, 2015, removed the reference to "overseas voters" in the provision requiring the county clerk to have sufficient ballots for an election; after "federal qualified electors", deleted "and overseas voters", after "day prior to", deleted "a primary or general" and added "an", and after "election", deleted "as required by federal law".

The 2011 amendment, effective July 1, 2011, required county clerks to send ballots to federal qualified electors and overseas voters not later than the forty-fifth day prior to the election and to have all other ballots at least forty days before the election.

The 2009 amendment, effective June 19, 2009, at the beginning of the sentence, deleted "Ballot labels" and added "Ballots" and changed "thirty" to "forty".

Printing ballots under voting machine law. — Since voting machines are to be used in the precinct or election districts involved, it is only ballots to the amount of 10% of the total number of registered voters that would be necessary to have printed. Paper ballots are only required to be used under the voting machine law in the event a voting machine should become disabled or in the event a person presents himself to vote by triplicate registration affidavit when his name does not appear in the registration book. 1954 Op. Att'y Gen. No. 54-5920 (opinion rendered under former law).

Am. Jur. 2d, A.L.R. and C.J.S. references. — 26 Am. Jur. 2d Elections § 335.

29 C.J.S. Elections §§ 153, 155.