Murphy v. State

OPINION

MAY, Judge.

Agnes Murphy was charged with unauthorized receipt from a voter of a ballot prepared by the voter for voting, a Class D felony, 1 after she accepted a ballot in a sealed envelope from an absentee voter and put it in a mailbox. She moved to dismiss the charge on the ground the statute under which she was charged is unconstitutional, and she brings an interlocutory appeal of the denial of her motion. Murphy raises two issues on appeal, which we restate as:

1. Whether the statutory prohibition of unauthorized receipt from a voter of a ballot prepared by the voter for voting is…