Section 403 - Polling places - Booths - Ballot boxes - Inspections - Arrangements. - US Lawyer Database

Effective 3/3/2022
20A-5-403. Polling places — Booths — Ballot boxes — Inspections — Arrangements.

(1) Except as provided in Section 20A-7-609.5, each election officer shall:
- (a) designate polling places for each voting precinct in the jurisdiction; and
- (b) obtain the approval of the county or municipal legislative body or local district governing board for those polling places.

(2)
- (a) For each polling place, the election officer shall provide:
  - (i) an American flag;
  - (ii) a sufficient number of voting booths or compartments;
  - (iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and supplies necessary to enable a voter to vote;
  - (iv) the constitutional amendment cards required by Part 1, Election Notices and Instructions;
  - (v) the instructions required by Section 20A-5-102; and
  - (vi) a sign, to be prominently displayed in the polling place, indicating that valid voter identification is required for every voter before the voter may vote and listing the forms of identification that constitute valid voter identification.
- (b) Each election officer shall ensure that:
  - (i) each voting booth is at a convenient height for writing, and is arranged so that the voter can prepare the voter’s ballot screened from observation;
  - (ii) there are a sufficient number of voting booths or voting devices to accommodate the voters at that polling place; and
  - (iii) there is at least one voting booth or voting device that is configured to accommodate persons with disabilities.
- (c) Each county clerk shall provide a ballot box for each polling place that is large enough to properly receive and hold the ballots to be cast.

(3)
- (a) All polling places shall be physically inspected by each county clerk to ensure access by a person with a disability.
- (b) Any issues concerning inaccessibility to polling places by a person with a disability discovered during the inspections referred to in Subsection (3)(a) or reported to the county clerk shall be:
  - (i) forwarded to the Office of the Lieutenant Governor; and
  - (ii) within six months of the time of the complaint, the issue of inaccessibility shall be either:
    - (A) remedied at the particular location by the county clerk;
    - (B) the county clerk shall designate an alternative accessible location for the particular precinct; or
    - (C) if no practical solution can be identified, file with the Office of the Lieutenant Governor a written explanation identifying the reasons compliance cannot reasonably be met.

(4)
- (a) The municipality in which the election is held shall pay the cost of conducting each municipal election, including the cost of printing and supplies.
- (b)
  - (i) Costs assessed by a county clerk to a municipality under this section may not exceed the actual costs incurred by the county clerk.
  - (ii) The actual costs shall include:
    - (A) costs of or rental fees associated with the use of election equipment and supplies; and
    - (B) reasonable and necessary administrative costs.

(5) The county clerk shall make detailed entries of all proceedings had under this chapter.

(6)
- (a) Each county clerk shall, to the extent possible, ensure that the amount of time that an individual waits in line before the individual can vote at a polling place in the county does not exceed 30 minutes.
- (b) The lieutenant governor may require a county clerk to submit a line management plan before the next election if an individual waits in line at a polling place in the county longer than 30 minutes before the individual can vote.
- (c) The lieutenant governor may consider extenuating circumstances in deciding whether to require the county clerk to submit a plan described in Subsection (6)(b).
- (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b) and consult with the county clerk submitting the plan to ensure, to the extent possible, that the amount of time an individual waits in line before the individual can vote at a polling place in the county does not exceed 30 minutes.

Amended by Chapter 18, 2022 General Session