16-531. Appointment of election boards and
tally boards; qualifications
(L10, Ch. 318, sec. 22. Eff. 7/1/11)
A. When an election is ordered, and not less than twenty days prior to a general or
primary election, the board of supervisors shall appoint for each election precinct one
inspector, one marshal, two judges and not less than two clerks of election. The
inspector, marshal, judges and clerks shall be qualified voters of the precinct for which
appointed, unless there is not a sufficient number of persons available to provide the
number of appointments required. The inspector, marshal and judges shall not have
changed their political party affiliation or their no party preference affiliation since
the last preceding general election, and if they are members of the two political parties
which cast the highest number of votes in the state at the last preceding general
election, they shall be divided equally between these two parties. There shall be an
equal number of inspectors in the various precincts in the county who are members of the
two largest political parties. In each precinct where the inspector is a member of one
of the two largest political parties, the marshal in that precinct shall be a member of
the other of the two largest political parties. Whenever possible, any person appointed
as an inspector shall have had previous experience as an inspector, judge, marshal or
clerk of elections. If there is no qualified person in a given precinct, the appointment
of an inspector may be made from names provided by the county party chairman. If not
less than ninety days prior to the election the chairman of the county committee of
either of the parties designates qualified voters of the precinct, or of another precinct
if there are not sufficient members of his party available in the precinct to provide the
necessary representation on the election board as judge, such designated qualified voters
shall be appointed. The judges, together with the inspector, shall constitute the board
of elections. Any registered voter in the election precinct, or in another election
precinct if there are not sufficient persons available in the election precinct for which
the clerks are being appointed, may be appointed as clerk.
B. If the election precinct consists of fewer than two hundred qualified electors,
the board of supervisors may appoint not fewer than one inspector and two judges. The
board of supervisors shall give notice of election precincts consisting of fewer than two
hundred qualified electors to the county chairmen of the two largest political parties
not later than thirty days before the election. The inspector and judges shall be
appointed in the same manner by party as provided in subsection A of this section.
C. If a nonpartisan election is ordered, not less than twenty days before the
election the governing board holding the election shall appoint, without consideration
for political party, a minimum of three election workers for each polling place. The
election workers shall consist of at least one inspector and two judges. Whenever
possible, they shall be qualified electors of the precinct located within the district,
without consideration for political party.
D. Where the election precinct consists of three hundred fifty or more qualified
electors, the board of supervisors may in addition to the board of elections appoint a
similar board to be known as the tally board. The tally board shall take custody of the
ballots from the closing of the polls until the tally of the ballots is completed. The
tally board shall consist of the inspector of the board of elections, two judges and not
less than two clerks. The inspector and two judges shall be appointed to provide as equal
as practicable representation of members of the two largest political parties on the
board in the same manner as provided for the election boards. Any registered voter in
the election precinct, or in another election precinct if there are not sufficient
persons available in the election precinct for which the clerks are being appointed, may
be appointed as clerk. A member appointed to serve on the tally board, with the
exception of the inspector of the board of elections, shall not be appointed to serve on
the board of elections. The inspector of the board of elections shall be a member of the
tally board and during such time shall act as the supervisor of the tally board. No
United States, state, county or precinct officer, nor a candidate for office at the
election, other than a precinct committeeman or a candidate for the office of precinct
committeeman, is qualified to act as judge, inspector, marshal or clerk.
E. If an electronic voting system is in use the write-in ballots shall be tallied
by a board of elections consisting of one inspector and two judges who are appointed in
the same manner by party as provided in subsection A of this section.
F. At least ten days before a special election, the governing body conducting the
election may in like manner appoint a special tally board or boards for the specific
purpose of tallying the ballots on the closing of the polls. The tally boards shall
consist of at least one inspector and two judges. The inspector of the board of elections
shall act as the supervisor of the tally board.
G. Notwithstanding any other law, the board of supervisors may appoint to an
election board to serve as a clerk of election a person who is not eligible to vote if
all of the following conditions are met:
1. The person is a minor who will be at least sixteen years of age at the time of
the election for which the person is named to the election board.
2. The person is a citizen of the United States at the time of the election for
which the person is named to the election board.
3. The person is supervised by an adult who has been trained as an elections
officer.
4. The person has received training provided by the officer in charge of elections.
5. The parent or guardian of the person has provided written permission for the
person to serve.
H. A school district or charter school shall not be required to reduce its average
daily membership, as defined in section 15-901, for any pupil who is absent from one or
more instructional programs as a result of the pupil's service on an election board
pursuant to subsection G of this section.
I. A school district or charter school shall not count any pupil's absence from one
or more instructional programs as a result of the pupil's service on an election board
pursuant to subsection G of this section against any mandatory attendance requirements
for the pupil.
J. Nothing in this section shall prevent the board of supervisors or governing body
from refusing for cause to reappoint, or from removing for cause, an election or tally
board member.
|