A. A voter who applies for a mailed ballot but has not received or returned the ballot by mail as of the date of the election may go to the voter's assigned polling place or a voter convenience center and, after executing an affidavit stating that the person did not and will not vote the mailed ballot that was issued, shall be permitted to vote on a provisional paper ballot.

B. If the county clerk has real-time synchronization between the election-day polling places and the qualification of ballots received by mail, the voter shall be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator.

History: Laws 1989, ch. 368, § 1; 1991, ch. 105, § 14; 1999, ch. 267, § 19; 2009, ch. 150, § 6; 2019, ch. 212, § 75.

The 2019 amendment, effective April 3, 2019, changed "absentee ballot" to "mailed ballot", revised the procedures related to mailed ballots not timely received, and provided that if the county clerk has real-time synchronization between the election-day polling places and the qualification of ballots received by mail, the voter is to be issued a replacement ballot to be filled out and fed by the voter into the electronic vote tabulator; in Subsection A, after "applies for", deleted "an absentee" and added "a mailed", after "received", added "or returned", after "assigned polling place", added "or a voter convenience center", after "affidavit", deleted "of nonreceipt of absentee ballot" and added "stating that the person did not and will not vote the mailed ballot that was issued", and after "vote on a", deleted "replacement absentee" and added "provisional"; and deleted former Subsections B through F and added a new Subsection B.

The 2009 amendment, effective June 19, 2009, in Subsection A, deleted "present himself at his" and added "go to the voter's", and after "to vote on", deleted "an emergency" and added "a replacement absentee"; in Subsection B, in the last sentence, after "to vote by", deleted "emergency" and added "replacement absentee"; in Subsection C, after "presiding", deleted "election" and after "shall put all" added "replacement"; and in Subsection F, after "secrecy of the", deleted "emergency" and added "replacement absentee".

The 1999 amendment, effective June 18, 1999, deleted "or a marksense ballot" at the end of Subsections B and C; substituted "retain the transmittal envelope with the other election returns and place the inner unopened envelope in a secure container" for "destroy the transmittal envelope and place the inner envelope in a secure place" in Subsection E; and substituted "emergency paper ballots" for "ballot" in Subsection F.

The 1991 amendment, effective April 2, 1991, added "or a marksense ballot" at the end of Subsections A and B and made a minor stylistic change in Subsection B.