§11-72  Precinct officials; submission of
names and assignment; vacancies.  (a)  All qualified political
parties shall submit names for precinct officials to the chief election officer
not later than 4:30 p.m. on the sixtieth day prior to the close of filing for
any primary, special primary, or special election.  All precinct officials
shall be able to read and write the English language.  If any party fails to
submit the required names by the above deadline, or names sufficient to fill
the positions to which it would be entitled, assignment of positions to which
the party would otherwise be entitled pursuant to subsection (b), may be made
without regard to party affiliation.



(b)  In assigning the precinct officials, the
following criteria shall be followed:



(1)  The precinct officials shall be registered voters
of the precinct in which they serve; but if qualified persons in the precinct
or representative district are not readily available to serve, they may be
chosen from without the precinct or representative district, or if qualified
persons either in or without the precinct or representative district are not
available to serve, the chief election officer may designate precinct officials
who are not registered voters if the persons so designated are otherwise
qualified and shall have attained the age of sixteen years on or before June
30, of the year of the election in which they are appointed to work;



(2)  The chief election officer may designate more
precinct officials than are needed in order to create a pool of qualified
precinct officials who may be assigned to fill vacancies or to perform their
duties as needed in any precinct;



(3)  No parent, spouse, reciprocal beneficiary, child,
or sibling of a candidate shall be eligible to serve as a precinct official in
any precinct in which votes may be cast for the candidate; nor shall any
candidate for any elective office be eligible to serve as a precinct official
in the same election in which the person is a candidate.  No candidate who
failed to be nominated in the primary or special primary election shall be
eligible to serve as a precinct official in the general election next
following; and



(4)  The chairperson of the precinct officials shall
be the first named precinct official on the list prepared by the chief election
officer.  The remainder of the precinct officials shall be apportioned as
follows:



(A)  The total votes cast, except those cast
for nonpartisan candidates, for all of the following offices that were on the
ballot in the next preceding general election shall be divided into the total
votes cast for all the candidates of each party for these offices:  president
and vice-president, United States senator, United States representative,
governor and lieutenant governor, state senator, and state representative;



(B)  If a party's proportion of votes cast
exceeds fifty per cent, its share shall be one-half of the precinct officials. 
The remaining one-half shall be divided among the remaining parties in
proportion to their respective total of votes cast for the offices set forth in
subparagraph (A);



(C)  In the case of the above division
resulting in parties having fractional positions, a whole position shall go to
the party with the larger number of votes cast; and



(D)  Newly qualified parties may be assigned up
to ten per cent of the total positions available at the discretion of the chief
election officer.



(c)  In the recruitment and placement of
precinct officials, any or all of the requirements of subsection (b) may be
waived by the chief election officer if it is determined that minority language
assistance or other special needs warrant such waiver, except as provided in
subsection (b)(3).



(d)  In case of inability, failure, or refusal
of any person so assigned to serve as a precinct official, the chief election
officer shall appoint a person to fill the vacancy. [L 1970, c 26, pt of §2; am
L 1972, c 77, §4; am L 1973, c 217, §1(u); am L 1977, c 189, §1(5); am L 1979,
c 125, §3(2) and c 139, §5; am L 1987, c 209, §1; am L 1988, c 141, §1; am L
1989, c 261, §24; am L 1990, c 124, §2; gen ch 1992; am L 1995, c 71, §2; am L
2005, c 14, §2 and c 201, §3]