20A-5-605 - Duties of poll workers.
20A-5-605. Duties of poll workers.
(1) Poll workers shall:
(a) arrive at the polling place at a time determined by the election officer; and
(b) remain until the official election returns are prepared for delivery.
(2) The election officer may designate:
(a) certain poll workers to act as election judges;
(b) an election judge to act as the presiding election judge; and
(c) certain poll workers to act as clerks.
(3) Upon their arrival to open the polls, the poll workers shall:
(a) if the election officer has not designated which poll workers at a polling place areassigned to act as election judges, as presiding election judge, or as clerks:
(i) designate two poll workers to act as election judges as necessary;
(ii) determine which election judge shall preside as necessary; and
(iii) determine which poll workers shall act as clerks as necessary;
(b) select one or more of their number to deliver the election returns to the electionofficer or to the place that the election officer designates;
(c) display the United States flag;
(d) examine the voting devices to see that they are in proper working order and thatsecurity devices have not been tampered with;
(e) place the voting devices, voting booths, and the ballot box in plain view of those pollworkers and watchers that are present;
(f) for paper ballots and ballot sheets, open the ballot packages in the presence of all thepoll workers;
(g) check the ballots, supplies, records, and forms;
(h) if directed to do so by the election officer:
(i) make any necessary corrections to the official ballots before they are distributed at thepolls; and
(ii) post any necessary notice of errors in electronic ballots before voting commences;
(i) post the sample ballots, instructions to voters, and constitutional amendments, if any;and
(j) open the ballot box in the presence of those assembled, turn it upside down to emptyit of anything, and then, immediately before polls open, lock it, or if locks and keys are notavailable, tape it securely.
(4) (a) If any poll worker fails to appear on the morning of the election, or fails or refusesto act:
(i) at least six qualified electors from the voting precinct who are present at the pollingplace at the hour designated by law for the opening of the polls shall fill the vacancy byappointing another qualified person from the voting precinct who is a member of the samepolitical party as the poll worker who is being replaced to act as a poll worker; or
(ii) the election officer shall appoint a qualified person to act as a poll worker.
(b) If a majority of the poll workers are present, they shall open the polls, even though apoll worker has not arrived.
(5) (a) If it is impossible or inconvenient to hold an election at the polling placedesignated, the poll workers, after having assembled at or as near as practicable to the designatedplace, and before receiving any vote, may move to the nearest convenient place for holding the
election.
(b) If the poll workers move to a new polling place, they shall display a proclamation ofthe change and station a peace officer or some other proper person at the original polling place tonotify voters of the location of the new polling place.
(6) If the poll worker who received delivery of the ballots produces packages ofsubstitute ballots accompanied by a written and sworn statement of the election officer that theballots are substitute ballots because the original ballots were not received, were destroyed, orwere stolen, the poll workers shall use those substitute ballots as the official election ballots.
(7) If, for any reason, none of the official or substitute ballots are ready for distribution ata polling place or, if the supply of ballots is exhausted before the polls are closed, the pollworkers may use unofficial ballots, made as nearly as possible in the form of the official ballot,until substitutes prepared by the election officer are printed and delivered.
(8) When it is time to open the polls, one of the poll workers shall announce that thepolls are open as required by Section 20A-1-302, or in the case of early voting, Section20A-3-602.
(9) (a) The poll workers shall comply with the voting procedures and requirements ofTitle 20A, Chapter 3, Voting, in allowing people to vote.
(b) The poll workers may not allow any person, other than election officials and thoseadmitted to vote, within six feet of voting devices, voting booths, and the ballot box.
(c) Besides the poll workers and watchers, the poll workers may not allow more thanfour voters in excess of the number of voting booths provided within six feet of voting devices,voting booths, and the ballot box.
(d) If necessary, the poll workers shall instruct each voter about how to operate thevoting device before the voter enters the voting booth.
(e) (i) If the voter requests additional instructions after entering the voting booth, twopoll workers may, if necessary, enter the booth and give the voter additional instructions.
(ii) In regular general elections and regular primary elections, the two poll workers whoenter the voting booth to assist the voter shall be of different political parties.
Amended by Chapter 75, 2007 General Session