1. (a) A vote-by-mail ballot is considered timely and may be counted if the ballot:

   1. (1) is returned in person to the office of a local board by the voter or the voter's duly authorized agent no later than 8 p.m. on the day of a special election; or

   2. (2)

      1. (i) is received by mail by a local board no later than 10 a.m. on the second Friday after a special election; and

      2. (ii) was mailed on or before election day, as verified:

         1. 1. by a postmark; or
         2. 2. if the return envelope does not contain a postmark or the postmark is illegible, by the voter's affidavit that the ballot was mailed on or before election day.
2. (b) A vote-by-mail ballot that does not meet the requirements of subsection (a) of this section is not timely and may not be counted.

Added by Acts 2012, c. 677, § 1, eff. June 1, 2012. Amended by Acts 2013, c. 197, § 1, eff. June 1, 2013; Acts 2013, c. 198, § 1, eff. June 1, 2013.