16-411

16-411. Designation of election precincts and
polling places; electioneering; wait times

A. Except as prescribed by subsection J of this section, the board of supervisors
of each county, on or before December 1 of each year preceding the year of a general
election, by an order, shall establish a convenient number of election precincts in the
county and define the boundaries of the precincts. Such election precinct boundaries
shall be so established as included within election districts prescribed by law for
elected officers of the state and its political subdivisions including community college
district precincts, except those elected officers provided for in titles 30 and 48.

B. Not less than twenty days before a general or primary election, and at least ten
days before a special election, the board shall designate one polling place within each
precinct where the election shall be held, except that:

1. On a specific finding of the board, included in the order or resolution
designating polling places pursuant to this subsection, that no suitable polling place is
available within a precinct, a polling place for such precinct may be designated within
an adjacent precinct.

2. Adjacent precincts may be combined if boundaries so established are included in
election districts prescribed by law for state elected officials and political
subdivisions including community college districts but not including elected officials
prescribed by titles 30 and 48. The officer in charge of elections may also split a
precinct for administrative purposes. Any such polling places shall be listed in separate
sections of the order or resolution.

3. On a specific finding of the board that the number of persons who are listed as
permanent early voters pursuant to section 16-544 is likely to substantially reduce the
number of voters appearing at one or more specific polling places at that election,
adjacent precincts may be consolidated by combining polling places and precinct boards
for that election. The board of supervisors shall ensure that a reasonable and adequate
number of polling places will be designated for that election. Any consolidated polling
places shall be listed in separate sections of the order or resolution of the board.

C. If the board fails to designate the place for holding the election, or if it
cannot be held at or about the place designated, the justice of the peace in the
precinct, two days before the election, by an order, copies of which the justice of the
peace shall immediately post in three public places in the precinct, shall designate the
place within the precinct for holding the election. If there is no justice of the peace
in the precinct, or if the justice of the peace fails to do so, the election board of the
precinct shall designate and give notice of the place within the precinct of holding the
election. For any election in which there are no candidates for elected office appearing
on the ballot, the board may consolidate polling places and precinct boards and may
consolidate the tabulation of results for that election if all of the following apply:

1. All affected voters are notified by mail of the change at least thirty-three
days before the election.

2. Notice of the change in polling places includes notice of the new voting
location, notice of the hours for voting on election day and notice of the telephone
number to call for voter assistance.

3. All affected voters receive information on early voting that includes the
application used to request an early voting ballot.

D. The board is not required to designate a polling place for special district mail
ballot elections held pursuant to article 8.1 of this chapter, but the board may
designate one or more sites for voters to deposit marked ballots until 7:00 p.m. on the
day of the election.

E. Except as provided in subsection F of this section, a public school shall
provide sufficient space for use as a polling place for any city, county or state
election when requested by the officer in charge of elections.

F. The principal of the school may deny a request to provide space for use as a
polling place for any city, county or state election if, within two weeks after a request
has been made, the principal provides a written statement indicating a reason the
election cannot be held in the school, including any of the following:

1. Space is not available at the school.

2. The safety or welfare of the children would be jeopardized.

G. The board shall make available to the public as a public record a list of the
polling places for all precincts in which the election is to be held including
identification of polling place changes that were submitted to the United States
department of justice for approval.

H. Except in the case of an emergency, any facility that is used as a polling place
on election day shall allow persons to electioneer and engage in other political activity
outside of the seventy-five foot limit prescribed by section 16-515 in public areas and
parking lots used by voters. This subsection shall not be construed to permit the
temporary or permanent construction of structures in public areas and parking lots or the
blocking or other impairment of access to parking spaces for voters.

I. The secretary of state shall provide through the instructions and procedures
manual adopted pursuant to section 16-452 the maximum allowable wait time for any
election that is subject to section 16-204 and provide for a method to reduce voter wait
time at the polls in the primary and general elections. The method shall consider at
least all of the following for primary and general elections in each precinct:

1. The number of ballots voted in the prior primary and general elections.

2. The number of registered voters who voted early in the prior primary and general
elections.

3. The number of registered voters and the number of registered voters who cast an
early ballot for the current primary or general election.

4. The number of election board members and clerks and the number of rosters that
will reduce voter wait time at the polls.

J. The board of supervisors of a county shall not change precinct lines during the
period after July 31, 2008 and before January 1, 2011. The board of supervisors may
subdivide an election precinct for administrative purposes or may provide for more than
one polling place within the boundaries of the election precincts established for use in
voting in elections held after July 31, 2008 and before January 1, 2011. In providing for
multiple polling places within a precinct, the board of supervisors shall consider the
particular population characteristics of each precinct in order to provide the voters the
most reasonable access to the polls possible.