TITLE 18

CRIMES AND PUNISHMENTS

CHAPTER 23

ELECTIONS

18-2324.  BALLOT HARVESTING PROHIBITED — EXCEPTIONS — Penalty. (1) Except as provided in subsections (2) and (3) of this section, no person shall knowingly collect or convey another voter’s voted or unvoted ballot.

(2)  This section shall not apply to:

(a)  A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as an elections official;

(b)  A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as a United States postal service worker or other person specifically authorized by law to transmit United States mail;

(c)  A person who collects or conveys another voter’s voted or unvoted ballot in the course of such person’s regular duties as an employee or contractor of a common carrier;

(d)  A person who receives compensation from the voter in exchange for collecting or conveying the voter’s voted or unvoted ballot;

(e)  A person who is related to the voter, whether by adoption, marriage, or blood, within the fifth degree of consanguinity;

(f)  A person who is a member of the voter’s household; or

(g)  A person who is a caregiver of the voter, unless the voter is under care for memory or cognitive impairment.

(3)  A person who is a candidate for elective office on the ballot or who is employed by or volunteers for a political party, candidate for elective office on the ballot, or organization that supports or opposes any ballot measure or candidate for elective office on the ballot may not collect or convey voted or unvoted ballots pursuant to subsection (2)(e), (f), or (g) of this section. An individual authorized to collect and convey a voter’s ballot pursuant to subsection (2)(e), (f), or (g) of this section may not collect or convey more than six (6) total voted ballots and six (6) total unvoted ballots in any election.

(4)  Any person who lawfully collects or conveys another voter’s voted or unvoted ballot as authorized in subsection (2) of this section shall not attempt to influence the voter in any way.

(5)  A violation of the provisions of this section constitutes a felony if the person was paid by anyone other than the voter to collect and convey the voter’s ballot or if the cumulative number of ballots collected or conveyed in violation of the provisions of this section is ten (10) or more in any election. Any other violation of the provisions of this section constitutes a misdemeanor.

History:

[18-2324, added 2024, ch. 317, sec. 2, p. 1050.]