20A-3-410 - Duty of election judges.
20A-3-410. Duty of election judges.
(1) (a) Voting precinct election judges shall open envelopes containing military oroverseas citizen voter ballots that are in their custody on election day at the polling places duringthe time the polls are open as provided in this subsection.
(b) The election judges shall:
(i) first, open the outer envelope only; and
(ii) unless the ballot is a disabled military or overseas citizen voter's ballot, compare thesignature of the military or overseas citizen voter on the application with the signature on theregistration and voting certificate.
(2) (a) The judges shall register the military or overseas citizen voter to vote if the voteris not already registered if the judges find that:
(i) the registration and voting certificate appears to be executed in proper form andcontains information qualifying the military or overseas citizen voter to be registered as a voter;and
(ii) the signatures on the certificate and the application correspond, where a comparisonis required.
(b) If the election judges determine that the registration and voting certificate isinsufficient or that the signatures do not correspond, they shall:
(i) disallow the registration; and
(ii) without opening the ballot envelope, mark across the face of the envelope "Rejectedas defective because of __________ ." with the reason for the rejection placed in the blank.
(c) When a military or overseas citizen voter's name is entered upon the registrationbooks, the voter is considered to be registered and the registration and voting certificate, signedand sworn to by the military or overseas citizen voter on the back of the ballot envelope, togetherwith his name upon the registration books, constitute his registration record.
(d) Nothing in this title may abridge the right of the military or overseas citizen voter tobe registered as provided in this section.
(3) (a) After registering the voter, the judges shall carefully open the ballot envelope soas not to destroy the information printed on it if they find that:
(i) the registration and voting certificate is sufficient; and
(ii) the signatures on the certificate and the application correspond, where a comparisonis required.
(b) The election judges shall:
(i) remove the ballot from the envelope without unfolding it or permitting it to be openedor examined;
(ii) initial the stub in the same manner as for other ballots;
(iii) deposit the ballot in the proper ballot box; and
(iv) mark the official register and pollbook to show that the voter has voted.
(c) If the election judges determine that the registration and voting certificate isinsufficient or that the signatures do not correspond, they shall:
(i) disallow the vote; and
(ii) without opening the ballot envelope, mark across the face of the envelope "Rejectedas defective because of __________ ." with the reason for the rejection placed in the blank.
(4) The election judges shall deposit the envelope, when the ballot is voted, and theenvelope with its contents unopened, when the absent vote is rejected, in the ballot box
containing the ballots.
(5) The county clerk shall retain and preserve the envelopes in the manner provided bylaw for the retention and preservation of official ballots voted at that election.
Amended by Chapter 16, 2006 General Session