1-7-201. Voting at primary election.

(1) Any registered elector who has declared an affiliation with a political party that is participating in a primary election and who desires to vote for candidates of that party at a primary election shall show identification, as defined in section 1-1-104 (19.5), and write his or her name and address on a form available at the polling place and give the form to one of the election judges, who shall clearly and audibly announce the name.

(2) If the name is found on the registration list, the election judge having charge of the list shall likewise repeat the elector's name and present the elector with the party ballot of the political party affiliation last recorded. If unaffiliated, the eligible elector shall openly declare to the election judges the name of the political party with which the elector wishes to affiliate, complete the approved form for voter registration information changes, and initial the registration list in the space provided. Declaration of affiliation with a political party shall be separately dated and signed or dated and initialed by the eligible elector in such manner that the elector clearly acknowledges that the affiliation has been properly recorded. Thereupon, the election judges shall deliver the appropriate party ballot to the eligible elector. Eligible electors who decline to state an affiliation with a political party that is participating in the primary shall not be entitled to vote at the primary election.

(3) Forms completed by eligible electors, as provided in subsection (1) of this section, shall be returned with other election materials to the county clerk and recorder. If no challenges have been made, the forms may be destroyed pursuant to section 1-7-802.

(4) Party ballots shall be cast in the same manner as in general elections. An elector shall not vote for more candidates for any office than are to be elected at the general election as indicated on the ballot.

(5) Instead of voting for a candidate whose name is printed on the party ballot, an elector may cast a write-in vote for any eligible candidate who is a member of the major political party and who has filed an affidavit of intent of write-in candidacy pursuant to section 1-4-1101. When no candidate has been designated by an assembly or by petition, a write-in candidate for nomination by any major political party must receive at least the number of votes at any primary election that is required by section 1-4-801 (2) to become designated as a candidate by petition.

Source: L. 92: Entire article R&RE, p. 738, § 9, effective January 1, 1993. L. 94: (3) amended, p. 1621, § 2, effective May 31. L. 98: (1), (2), and (5) amended, p. 259, § 12, effective April 13. L. 99: (2) amended, p. 162, § 17, effective August 4. L. 2003: (1) amended, p. 1277, § 3, effective April 22; (1) and (2) amended, p. 1313, § 13, effective April 22.

Editor's note: (1) This section was contained in an article that was repealed and reenacted in 1980 and 1992. Provisions of this section, as it existed in 1992, are similar to those contained in 1-7-201 as said section existed in 1991, the year prior to the most recent repeal and reenactment of this article. Provisions of this section, as it existed in 1980, are similar to those contained in 1-15-106 as said section existed in 1979, the year prior to the first repeal and reenactment of this article.

(2) Amendments to subsection (1) by Senate Bill 03-102 and House Bill 03-1142 were harmonized.

C.J.S. See 29 C.J.S., Elections, §§ 210-212.