20A-5-406 - Delivery of ballots.
20A-5-406. Delivery of ballots.
(1) In elections using paper ballots or ballot sheets:
(a) Each election officer shall deliver ballots to the poll workers of each voting precinctin his jurisdiction in an amount sufficient to meet voting needs during the voting period.
(b) The election officer shall:
(i) package and deliver the ballots to the election judges;
(ii) clearly mark the outside of the package with:
(A) the voting precinct and polling place for which it is intended; and
(B) the number of each type of ballots enclosed;
(iii) ensure that each package is delivered before commencement of voting to a pollworker in each precinct; and
(iv) obtain a receipt for the ballots from the poll worker to whom they were deliveredthat identifies the date and time when, and the manner in which, each ballot package was sentand delivered.
(c) The election officer shall prepare substitute ballots in the form required by thisSubsection (1) if any poll worker reports that:
(i) the ballots were not delivered on time; or
(ii) after delivery, they were destroyed or stolen.
(d) The election officer shall:
(i) prepare the substitute ballots as nearly in the form prescribed for official ballots aspracticable;
(ii) cause the word "substitute" to be printed in brackets immediately under the facsimilesignature of the clerk or recorder preparing the ballots;
(iii) place the ballots in two separate packages, each package containing 1/2 the ballotssent to that voting precinct; and
(iv) place a signed statement in each package certifying that the substitute ballots foundin the package were prepared and furnished by the election officer, and that the original ballotswere not received, were destroyed, or were stolen.
(2) In elections using electronic ballots:
(a) Each election officer shall:
(i) deliver the voting devices and electronic ballots prior to the commencement of voting;
(ii) ensure that the voting devices, equipment, and electronic ballots are properly securedbefore commencement of voting; and
(iii) when electronic ballots or voting devices containing electronic ballots are deliveredto a poll worker, obtain a receipt from the poll worker to whom they were delivered thatidentifies:
(A) the name of the poll worker receiving delivery; and
(B) the date and time when the ballots or voting devices containing the electronic ballotswere delivered.
(b) The election officer shall repair or provide substitute voting devices, equipment, orelectronic ballots, if available, if any poll worker reports that:
(i) the voting devices or equipment were not delivered on time;
(ii) the voting devices or equipment do not contain the appropriate electronic ballotinformation;
(iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
have been tampered with;
(iv) the voting devices or equipment do not appear to be functioning properly; or
(v) after delivery, the voting devices, equipment, or electronic ballots were destroyed orstolen.
(c) If the election officer is unable to prepare and provide substitute voting devices,equipment, or electronic ballots, the election officer may elect to provide paper ballots or ballotsheets according to the requirements of Subsection (1).
Amended by Chapter 326, 2006 General Session