A. Upon an order of the district court, ballots may be impounded during the period of time between the completion of the county canvass and the last day to file a candidate contest in that election. B. Any candidate in an election may petition the district court for an order impounding ballots in one or more precincts or polling places within which the candidate's name appeared on the ballot. The action shall be brought in the district court for the county in which the precincts or polling places are located. The petition shall state what specific items of ballots are requested to be impounded. Upon receipt of the petition, along with a sufficient cash deposit or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded, the court shall issue an order of impoundment. C. Ballots shall be impounded in the county courthouse or secured in the county clerk's office. When impounded ballots are being handled, a county clerk or the clerk's agent shall be present to ensure that all documents are properly catalogued and returned in proper order. D. The state canvassing board shall determine the estimated actual cost of impoundment per polling place and for mailed ballots no later than March 15 of even-numbered years. The secretary of state shall post the impoundment cost determinations on the secretary of state's website when the state canvassing board issues its cost determinations. History: 1953 Comp., § 3-14-16.1, enacted by Laws 1971, ch. 249, § 2; 2023, ch. 39, § 71. The 2023 amendment, effective June 16, 2023, amended requirements for ballot impoundment, required the canvassing board to determine the estimated actual cost of impoundment per polling place and for mailed ballots, and required the secretary of state to post the impoundment cost determinations on the secretary of state's website; added a new Subsection A; in Subsection B, after "one or more precincts", added "or polling places", after "within which", deleted "he is a candidate" and added "the candidate's name appeared on the ballot", after "in which the precincts", added "or polling places", and after "cash deposit", deleted "of twenty-five dollars ($25.00) per precinct" and added "or a sufficient surety bond to cover the costs of each precinct or polling place for which impoundment is demanded"; and added Subsections C and D.
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