! The Capitol Complex is closed to the public due to COVID-19. All meetings will be held virtually online. View procedures and guidelines for remote public comment

S.B. 116

             1     

POLL WORKER AMENDMENTS

             2     
2014 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Margaret Dayton

             5     
House Sponsor: Jack R. Draxler

             6     
             7      LONG TITLE
             8      General Description:
             9          This bill amends provisions of the Election Code relating to poll workers.
             10      Highlighted Provisions:
             11          This bill:
             12          .    amends the definition of a "local election";
             13          .    provides for the appointment of poll workers for a special election and a county
             14      election; and
             15          .    makes technical changes.
             16      Money Appropriated in this Bill:
             17          None
             18      Other Special Clauses:
             19          None
             20      Utah Code Sections Affected:
             21      AMENDS:
             22           20A-1-102 , as last amended by Laws of Utah 2013, Chapter 320
             23           20A-5-601 , as last amended by Laws of Utah 2007, Chapter 75
             24           20A-5-602 , as last amended by Laws of Utah 2007, Chapters 75, 256, and 329
             25     
             26      Be it enacted by the Legislature of the state of Utah:
             27          Section 1. Section 20A-1-102 is amended to read:


             28           20A-1-102. Definitions.
             29          As used in this title:
             30          (1) "Active voter" means a registered voter who has not been classified as an inactive
             31      voter by the county clerk.
             32          (2) "Automatic tabulating equipment" means apparatus that automatically examines
             33      and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
             34          (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
             35      upon which a voter records the voter's votes.
             36          (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
             37      envelopes.
             38          [(5)] (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
             39          (a) contain the names of offices and candidates and statements of ballot propositions to
             40      be voted on; and
             41          (b) are used in conjunction with ballot sheets that do not display that information.
             42          [(6)] (5) "Ballot proposition" means a question, issue, or proposal that is submitted to
             43      voters on the ballot for their approval or rejection including:
             44          (a) an opinion question specifically authorized by the Legislature;
             45          (b) a constitutional amendment;
             46          (c) an initiative;
             47          (d) a referendum;
             48          (e) a bond proposition;
             49          (f) a judicial retention question;
             50          (g) an incorporation of a city or town; or
             51          (h) any other ballot question specifically authorized by the Legislature.
             52          [(4)] (6) "Ballot sheet":
             53          (a) means a ballot that:
             54          (i) consists of paper or a card where the voter's votes are marked or recorded; and
             55          (ii) can be counted using automatic tabulating equipment; and
             56          (b) includes punch card ballots and other ballots that are machine-countable.
             57          (7) "Bind," "binding," or "bound" means securing more than one piece of paper
             58      together with a staple or stitch in at least three places across the top of the paper in the blank


             59      space reserved for securing the paper.
             60          (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
             61      20A-4-306 to canvass election returns.
             62          (9) "Bond election" means an election held for the purpose of approving or rejecting
             63      the proposed issuance of bonds by a government entity.
             64          (10) "Book voter registration form" means voter registration forms contained in a
             65      bound book that are used by election officers and registration agents to register persons to vote.
             66          (11) "Business reply mail envelope" means an envelope that may be mailed free of
             67      charge by the sender.
             68          (12) "By-mail voter registration form" means a voter registration form designed to be
             69      completed by the voter and mailed to the election officer.
             70          (13) "Canvass" means the review of election returns and the official declaration of
             71      election results by the board of canvassers.
             72          (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
             73      the canvass.
             74          (15) "Contracting election officer" means an election officer who enters into a contract
             75      or interlocal agreement with a provider election officer.
             76          (16) "Convention" means the political party convention at which party officers and
             77      delegates are selected.
             78          (17) "Counting center" means one or more locations selected by the election officer in
             79      charge of the election for the automatic counting of ballots.
             80          (18) "Counting judge" means a poll worker designated to count the ballots during
             81      election day.
             82          (19) "Counting poll watcher" means a person selected as provided in Section
             83      20A-3-201 to witness the counting of ballots.
             84          (20) "Counting room" means a suitable and convenient private place or room,
             85      immediately adjoining the place where the election is being held, for use by the poll workers
             86      and counting judges to count ballots during election day.
             87          (21) "County officers" means those county officers that are required by law to be
             88      elected.
             89          (22) "Date of the election" or "election day" or "day of the election":


             90          (a) means the day that is specified in the calendar year as the day that the election
             91      occurs; and
             92          (b) does not include:
             93          (i) deadlines established for absentee voting; or
             94          (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
             95      Voting.
             96          (23) "Elected official" means:
             97          (a) a person elected to an office under Section 20A-1-303 ;
             98          (b) a person who is considered to be elected to a municipal office in accordance with
             99      Subsection 20A-1-206 (1)(c)(ii); or
             100          (c) a person who is considered to be elected to a local district office in accordance with
             101      Subsection 20A-1-206 (3)(c)(ii).
             102          (24) "Election" means a regular general election, a municipal general election, a
             103      statewide special election, a local special election, a regular primary election, a municipal
             104      primary election, and a local district election.
             105          (25) "Election Assistance Commission" means the commission established by Public
             106      Law 107-252, the Help America Vote Act of 2002.
             107          (26) "Election cycle" means the period beginning on the first day persons are eligible to
             108      file declarations of candidacy and ending when the canvass is completed.
             109          (27) "Election judge" means a poll worker that is assigned to:
             110          (a) preside over other poll workers at a polling place;
             111          (b) act as the presiding election judge; or
             112          (c) serve as a canvassing judge, counting judge, or receiving judge.
             113          (28) "Election officer" means:
             114          (a) the lieutenant governor, for all statewide ballots and elections;
             115          (b) the county clerk for:
             116          (i) a county ballot and election; and
             117          (ii) a ballot and election as a provider election officer as provided in Section
             118      20A-5-400.1 or 20A-5-400.5 ;
             119          (c) the municipal clerk for:
             120          (i) a municipal ballot and election; and


             121          (ii) a ballot and election as a provider election officer as provided in Section
             122      20A-5-400.1 or 20A-5-400.5 ;
             123          (d) the local district clerk or chief executive officer for:
             124          (i) a local district ballot and election; and
             125          (ii) a ballot and election as a provider election officer as provided in Section
             126      20A-5-400.1 or 20A-5-400.5 ; or
             127          (e) the business administrator or superintendent of a school district for:
             128          (i) a school district ballot and election; and
             129          (ii) a ballot and election as a provider election officer as provided in Section
             130      20A-5-400.1 or 20A-5-400.5 .
             131          (29) "Election official" means any election officer, election judge, or poll worker.
             132          (30) "Election results" means:
             133          (a) for an election other than a bond election, the count of votes cast in the election and
             134      the election returns requested by the board of canvassers; or
             135          (b) for bond elections, the count of those votes cast for and against the bond
             136      proposition plus any or all of the election returns that the board of canvassers may request.
             137          (31) "Election returns" includes the pollbook, the military and overseas absentee voter
             138      registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
             139      counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
             140      form, and the total votes cast form.
             141          (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
             142      device or other voting device that records and stores ballot information by electronic means.
             143          (33) "Electronic signature" means an electronic sound, symbol, or process attached to
             144      or logically associated with a record and executed or adopted by a person with the intent to sign
             145      the record.
             146          (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
             147          (b) "Electronic voting device" includes a direct recording electronic voting device.
             148          (35) "Inactive voter" means a registered voter who has:
             149          (a) been sent the notice required by Section 20A-2-306 ; and
             150          (b) failed to respond to that notice.
             151          (36) "Inspecting poll watcher" means a person selected as provided in this title to


             152      witness the receipt and safe deposit of voted and counted ballots.
             153          (37) "Judicial office" means the office filled by any judicial officer.
             154          (38) "Judicial officer" means any justice or judge of a court of record or any county
             155      court judge.
             156          (39) "Local district" means a local government entity under Title 17B, Limited Purpose
             157      Local Government Entities - Local Districts, and includes a special service district under Title
             158      17D, Chapter 1, Special Service District Act.
             159          (40) "Local district officers" means those local district officers that are required by law
             160      to be elected.
             161          (41) "Local election" means a regular county election, a regular municipal election, a
             162      local special election, a local district election, and a bond election.
             163          (42) "Local political subdivision" means a county, a municipality, a local district, or a
             164      local school district.
             165          (43) "Local special election" means a special election called by the governing body of a
             166      local political subdivision in which all registered voters of the local political subdivision may
             167      vote.
             168          (44) "Municipal executive" means:
             169          (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
             170      or
             171          (b) the mayor in the council-manager form of government defined in Subsection
             172      10-3b-103 (6).
             173          (45) "Municipal general election" means the election held in municipalities and local
             174      districts on the first Tuesday after the first Monday in November of each odd-numbered year
             175      for the purposes established in Section 20A-1-202 .
             176          (46) "Municipal legislative body" means the council of the city or town in any form of
             177      municipal government.
             178          (47) "Municipal office" means an elective office in a municipality.
             179          (48) "Municipal officers" means those municipal officers that are required by law to be
             180      elected.
             181          (49) "Municipal primary election" means an election held to nominate candidates for
             182      municipal office.


             183          (50) "Official ballot" means the ballots distributed by the election officer to the poll
             184      workers to be given to voters to record their votes.
             185          (51) "Official endorsement" means:
             186          (a) the information on the ballot that identifies:
             187          (i) the ballot as an official ballot;
             188          (ii) the date of the election; and
             189          (iii) the facsimile signature of the election officer; and
             190          (b) the information on the ballot stub that identifies:
             191          (i) the poll worker's initials; and
             192          (ii) the ballot number.
             193          (52) "Official register" means the official record furnished to election officials by the
             194      election officer that contains the information required by Section 20A-5-401 .
             195          (53) "Paper ballot" means a paper that contains:
             196          (a) the names of offices and candidates and statements of ballot propositions to be
             197      voted on; and
             198          (b) spaces for the voter to record the voter's vote for each office and for or against each
             199      ballot proposition.
             200          (54) "Political party" means an organization of registered voters that has qualified to
             201      participate in an election by meeting the requirements of Chapter 8, Political Party Formation
             202      and Procedures.
             203          (55) (a) "Poll worker" means a person assigned by an election official to assist with an
             204      election, voting, or counting votes.
             205          (b) "Poll worker" includes election judges.
             206          (c) "Poll worker" does not include a watcher.
             207          (56) "Pollbook" means a record of the names of voters in the order that they appear to
             208      cast votes.
             209          (57) "Polling place" means the building where voting is conducted.
             210          (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
             211      in which the voter marks the voter's choice.
             212          [(62)] (59) "Primary convention" means the political party conventions at which
             213      nominees for the regular primary election are selected.


             214          [(63)] (60) "Protective counter" means a separate counter, which cannot be reset, that:
             215          (a) is built into a voting machine; and
             216          (b) records the total number of movements of the operating lever.
             217          [(59)] (61) "Provider election officer" means an election officer who enters into a
             218      contract or interlocal agreement with a contracting election officer to conduct an election for
             219      the contracting election officer's local political subdivision in accordance with Section
             220      20A-5-400.1 .
             221          [(60)] (62) "Provisional ballot" means a ballot voted provisionally by a person:
             222          (a) whose name is not listed on the official register at the polling place;
             223          (b) whose legal right to vote is challenged as provided in this title; or
             224          (c) whose identity was not sufficiently established by a poll worker.
             225          [(61)] (63) "Provisional ballot envelope" means an envelope printed in the form
             226      required by Section 20A-6-105 that is used to identify provisional ballots and to provide
             227      information to verify a person's legal right to vote.
             228          (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
             229      duties of the position for which the person was elected.
             230          (65) "Receiving judge" means the poll worker that checks the voter's name in the
             231      official register, provides the voter with a ballot, and removes the ballot stub from the ballot
             232      after the voter has voted.
             233          (66) "Registration form" means a book voter registration form and a by-mail voter
             234      registration form.
             235          (67) "Regular ballot" means a ballot that is not a provisional ballot.
             236          (68) "Regular general election" means the election held throughout the state on the first
             237      Tuesday after the first Monday in November of each even-numbered year for the purposes
             238      established in Section 20A-1-201 .
             239          (69) "Regular primary election" means the election on the fourth Tuesday of June of
             240      each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
             241      advance to the regular general election.
             242          (70) "Resident" means a person who resides within a specific voting precinct in Utah.
             243          (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
             244      and distributed as provided in Section 20A-5-405 .


             245          (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
             246      punch the ballot for one or more candidates who are members of different political parties.
             247          (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
             248      which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
             249      the voter's vote.
             250          (74) "Special election" means an election held as authorized by Section 20A-1-203 .
             251          (75) "Spoiled ballot" means each ballot that:
             252          (a) is spoiled by the voter;
             253          (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
             254          (c) lacks the official endorsement.
             255          (76) "Statewide special election" means a special election called by the governor or the
             256      Legislature in which all registered voters in Utah may vote.
             257          (77) "Stub" means the detachable part of each ballot.
             258          (78) "Substitute ballots" means replacement ballots provided by an election officer to
             259      the poll workers when the official ballots are lost or stolen.
             260          (79) "Ticket" means each list of candidates for each political party or for each group of
             261      petitioners.
             262          (80) "Transfer case" means the sealed box used to transport voted ballots to the
             263      counting center.
             264          (81) "Vacancy" means the absence of a person to serve in any position created by
             265      statute, whether that absence occurs because of death, disability, disqualification, resignation,
             266      or other cause.
             267          (82) "Valid voter identification" means:
             268          (a) a form of identification that bears the name and photograph of the voter which may
             269      include:
             270          (i) a currently valid Utah driver license;
             271          (ii) a currently valid identification card that is issued by:
             272          (A) the state; or
             273          (B) a branch, department, or agency of the United States;
             274          (iii) a currently valid Utah permit to carry a concealed weapon;
             275          (iv) a currently valid United States passport; or


             276          (v) a currently valid United States military identification card;
             277          (b) one of the following identification cards, whether or not the card includes a
             278      photograph of the voter:
             279          (i) a valid tribal identification card;
             280          (ii) a Bureau of Indian Affairs card; or
             281          (iii) a tribal treaty card; or
             282          (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
             283      the name of the voter and provide evidence that the voter resides in the voting precinct, which
             284      may include:
             285          (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
             286      election;
             287          (ii) a bank or other financial account statement, or a legible copy thereof;
             288          (iii) a certified birth certificate;
             289          (iv) a valid Social Security card;
             290          (v) a check issued by the state or the federal government or a legible copy thereof;
             291          (vi) a paycheck from the voter's employer, or a legible copy thereof;
             292          (vii) a currently valid Utah hunting or fishing license;
             293          (viii) certified naturalization documentation;
             294          (ix) a currently valid license issued by an authorized agency of the United States;
             295          (x) a certified copy of court records showing the voter's adoption or name change;
             296          (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
             297          (xii) a currently valid identification card issued by:
             298          (A) a local government within the state;
             299          (B) an employer for an employee; or
             300          (C) a college, university, technical school, or professional school located within the
             301      state; or
             302          (xiii) a current Utah vehicle registration.
             303          (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
             304      candidate by following the procedures and requirements of this title.
             305          (84) "Voter" means a person who:
             306          (a) meets the requirements for voting in an election;


             307          (b) meets the requirements of election registration;
             308          (c) is registered to vote; and
             309          (d) is listed in the official register book.
             310          (85) "Voter registration deadline" means the registration deadline provided in Section
             311      20A-2-102.5 .
             312          (86) "Voting area" means the area within six feet of the voting booths, voting
             313      machines, and ballot box.
             314          (87) "Voting booth" means:
             315          (a) the space or compartment within a polling place that is provided for the preparation
             316      of ballots, including the voting machine enclosure or curtain; or
             317          (b) a voting device that is free standing.
             318          (88) "Voting device" means:
             319          (a) an apparatus in which ballot sheets are used in connection with a punch device for
             320      piercing the ballots by the voter;
             321          (b) a device for marking the ballots with ink or another substance;
             322          (c) an electronic voting device or other device used to make selections and cast a ballot
             323      electronically, or any component thereof;
             324          (d) an automated voting system under Section 20A-5-302 ; or
             325          (e) any other method for recording votes on ballots so that the ballot may be tabulated
             326      by means of automatic tabulating equipment.
             327          (89) "Voting machine" means a machine designed for the sole purpose of recording
             328      and tabulating votes cast by voters at an election.
             329          (90) "Voting poll watcher" means a person appointed as provided in this title to
             330      witness the distribution of ballots and the voting process.
             331          (91) "Voting precinct" means the smallest voting unit established as provided by law
             332      within which qualified voters vote at one polling place.
             333          (92) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
             334      poll watcher, and a testing watcher.
             335          (93) "Western States Presidential Primary" means the election established in Chapter 9,
             336      Part 8, Western States Presidential Primary.
             337          (94) "Write-in ballot" means a ballot containing any write-in votes.


             338          (95) "Write-in vote" means a vote cast for a person whose name is not printed on the
             339      ballot according to the procedures established in this title.
             340          Section 2. Section 20A-5-601 is amended to read:
             341           20A-5-601. Poll workers -- Appointment for regular general elections, primary
             342      elections, and special elections.
             343          (1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
             344      county chair of each registered political party a list of the number of poll workers that the party
             345      must nominate for each voting precinct.
             346          (b) (i) By April 1 of each even-numbered year, the county chair and secretary of each
             347      registered political party shall file a list with the county clerk containing, for each voting
             348      precinct, the names of registered voters in the county who are willing to be poll workers and
             349      who are competent and trustworthy.
             350          (ii) The county chair and secretary shall submit, for each voting precinct, names equal
             351      in number to the number required by the county clerk plus one.
             352          (2) Each county legislative body shall provide for the appointment of persons to serve
             353      as poll workers at the regular primary election, the regular general election, [and] the Western
             354      States Presidential Primary, and a statewide or countywide special election.
             355          (3) For regular general elections and statewide or countywide special elections, each
             356      county legislative body shall provide for the appointment of:
             357          (a) (i) three registered voters from the list to serve as receiving judges for each voting
             358      precinct when ballots will be counted after the polls close; or
             359          (ii) three registered voters from the list to serve as receiving judges in each voting
             360      precinct and three registered voters from the list to serve as counting judges in each voting
             361      precinct when ballots will be counted throughout election day; and
             362          (b) three registered voters from the list for each 100 absentee ballots to be counted to
             363      serve as canvassing judges.
             364          (4) For regular primary elections and for the Western States Presidential Primary
             365      election, each county legislative body shall provide for the appointment of:
             366          (a) (i) two or three registered voters, or one or two registered voters and one person 17
             367      years old who will be 18 years old by the date of the next regular general election, from the list
             368      to serve as receiving judges for each voting precinct when ballots will be counted after the


             369      polls close; or
             370          (ii) two or three registered voters, or one or two registered voters and one person 17
             371      years old who will be 18 years old by the date of the next regular general election, from the list
             372      to serve as receiving judges in each voting precinct and two or three registered voters, or one or
             373      two registered voters and one person 17 years old who will be 18 years old by the date of the
             374      next regular general election, from the list to serve as counting judges in each voting precinct
             375      when ballots will be counted throughout election day; and
             376          (b) two or three registered voters, or one or two registered voters and one person 17
             377      years old who will be 18 years old by the date of the next regular general election, from the list
             378      for each 100 absentee ballots to be counted to serve as canvassing judges.
             379          (5) Each county legislative body may provide for the appointment of:
             380          (a) three registered voters from the list to serve as inspecting judges at the regular
             381      general election, or a statewide or countywide special election, to observe the clerk's receipt
             382      and deposit of the ballots for safekeeping; and
             383          (b) two or three registered voters, or one or two registered voters and one person 17
             384      years old who will be 18 years old by the date of the next regular general election, from the list
             385      to serve as inspecting judges at the regular primary election to observe the clerk's receipt and
             386      deposit of the ballots for safekeeping.
             387          (6) (a) For each set of three counting or receiving judges to be appointed for each
             388      voting precinct for the regular primary election, the regular general election, [and] the Western
             389      States Presidential Primary election, or a statewide or countywide special election, the county
             390      legislative body shall ensure that:
             391          (i) two judges are appointed from the political party that cast the highest number of
             392      votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
             393      excluding votes for unopposed candidates, in the voting precinct at the last regular general
             394      election before the appointment of the election judges; and
             395          (ii) one judge is appointed from the political party that cast the second highest number
             396      of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
             397      excluding votes for unopposed candidates, in the voting precinct at the last regular general
             398      election before the appointment of the election judges.
             399          (b) For each set of two counting or receiving judges to be appointed for each voting


             400      precinct for the regular primary election and Western States Presidential Primary election, the
             401      county legislative body shall ensure that:
             402          (i) one judge is appointed from the political party that cast the highest number of votes
             403      for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
             404      votes for unopposed candidates, in the voting precinct at the last regular general election before
             405      the appointment of the election judges; and
             406          (ii) one judge is appointed from the political party that cast the second highest number
             407      of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
             408      excluding votes for unopposed candidates, in the voting precinct at the last regular general
             409      election before the appointment of the election judges.
             410          (7) When the voting precinct boundaries have been changed since the last regular
             411      general election, the county legislative body shall ensure that:
             412          (a) for the regular primary election and the Western States Presidential Primary
             413      election, when the county legislative body is using three receiving, counting, and canvassing
             414      judges, and regular general election, not more than two of the judges are selected from the
             415      political party that cast the highest number of votes for the offices of governor, lieutenant
             416      governor, attorney general, state auditor, and state treasurer in the territory that formed the
             417      voting precinct at the time of appointment; and
             418          (b) for the regular primary election and the Western States Presidential Primary
             419      election, when the county legislative body is using two receiving, counting, and canvassing
             420      judges, not more than one of the judges is selected from the political party that cast the highest
             421      number of votes for the offices of governor, lieutenant governor, attorney general, state auditor,
             422      and state treasurer in the territory that formed the voting precinct at the time of appointment.
             423          (8) The county legislative body shall provide for the appointment of any qualified
             424      county voter as an election judge when:
             425          (a) a political party fails to file the poll worker list by the filing deadline; or
             426          (b) the list is incomplete.
             427          (9) A registered voter of the county may serve as a poll worker in any voting precinct
             428      of the county.
             429          (10) If a person serves as a poll worker outside the voting precinct where the person is
             430      registered, that person may vote an absentee voter ballot.


             431          (11) The county clerk shall fill all poll worker vacancies.
             432          (12) If a conflict arises over the right to certify the poll worker lists for any political
             433      party, the county legislative body may decide between conflicting lists, but may only select
             434      names from a properly submitted list.
             435          (13) The county legislative body shall establish compensation for poll workers.
             436          (14) The county clerk may appoint additional poll workers to serve in the polling place
             437      as needed.
             438          Section 3. Section 20A-5-602 is amended to read:
             439           20A-5-602. Poll workers -- Appointment for local elections.
             440          (1) At least 15 days before the date scheduled for any local election, the county
             441      legislative body, the municipal legislative body, or the local district board shall appoint or
             442      provide for the appointment of:
             443          (a) in jurisdictions using paper ballots:
             444          (i) three registered voters, or two registered voters and one person 17 years old who
             445      will be 18 years old by the date of the [regular municipal] local election, who reside within the
             446      county to serve as poll workers for each voting precinct when the ballots will be counted after
             447      the polls close; or
             448          (ii) three registered voters, or two registered voters and one person 17 years old who
             449      will be 18 years old by the date of the [regular municipal] local election, who reside within the
             450      county to serve as receiving judges in each voting precinct and three registered voters, or two
             451      registered voters and one person 17 years old who will be 18 years old by the date of the
             452      [regular municipal] local election, who reside within the county to serve as counting judges in
             453      each voting precinct when ballots will be counted throughout election day;
             454          (b) in jurisdictions using automated tabulating equipment, three registered voters, or
             455      two registered voters and one person 17 years old who will be 18 years old by the date of the
             456      [regular municipal] local election, who reside within the county to serve as poll workers for
             457      each voting precinct;
             458          (c) in jurisdictions using voting machines, four registered voters, or three registered
             459      voters and one person 17 years old who will be 18 years old by the date of the [regular
             460      municipal] local election, who reside within the county to serve as poll workers for each voting
             461      precinct; and


             462          (d) in all jurisdictions:
             463          (i) at least one registered voter who resides within the county to serve as canvassing
             464      judge, if necessary; and
             465          (ii) as many alternate poll workers as needed to replace appointed poll workers who are
             466      unable to serve.
             467          (2) The county legislative body, the municipal legislative body, and the local district
             468      board may not appoint any candidate's parent, sibling, spouse, child, or in-law to serve as a poll
             469      worker in the voting precinct where the candidate resides.
             470          (3) The clerk shall:
             471          (a) prepare and file a list containing the name, address, voting precinct, and telephone
             472      number of each person appointed; and
             473          (b) make the list available in the clerk's office for inspection, examination, and copying
             474      during business hours.
             475          (4) (a) The county legislative body, the municipal legislative body, and the local
             476      district board shall compensate poll workers for their services.
             477          (b) The municipal legislative body and local district board may not compensate their
             478      poll workers at a rate higher than that paid by the county to its poll workers.




Legislative Review Note
    as of 9-11-13 11:12 AM


Office of Legislative Research and General Counsel


[Bill Documents][Bills Directory]