1. A. An election-related organization may in a statewide or special election appoint watchers in a county if the organization provides a written notice to the secretary of state at least seven days prior to serving as a watcher during early voting, the election date or the ballot qualification period for mailed ballots in a statewide or a special election and specifies the names of the qualified appointees. The secretary of state shall notify the county clerk of the qualified appointees at least five days before the election.
2. B. Any group of three candidates for elected office in a statewide election may appoint watchers in a county if the candidates provide a written notice to the secretary of state at least seven days prior to serving as a watcher during early voting, the election date or the ballot qualification period for mailed ballots in a statewide or special election and specify the names of the qualified appointees. The secretary of state shall notify the county clerk of the qualified appointees at least five days before the election.

History: 1953 Comp., § 3-2-25, enacted by Laws 1969, ch. 240, § 46; 1975, ch. 255, § 26; 2003, ch. 377, § 1; 2005, ch. 270, § 14; 2011, ch. 137, § 25; 2019, ch. 212, § 32.

ANNOTATIONS

The 2019 amendment, effective April 3, 2019, limited the provisions in this section to statewide and special elections, and changed certain notice provisions for the appointment of watchers; in Subsection A, after "election-related organization may", added "in a statewide or special election", after "at least", deleted "ten" and added "seven", after "days prior to", added "serving as a watcher during early voting", and after "election date", added "or the ballot qualification period for mailed ballots in a statewide or a special election"; and in Subsection B, after "elected office", added "in a statewide election", after "at least", deleted "ten" and added "seven", after "days prior to", added "serving as a watcher during early voting", and after "election date", added "or the ballot qualification period for mailed ballots in a statewide or special election".

The 2011 amendment, effective July 1, 2011, eliminated the right of county chairmen to appoint watchers; eliminated the restriction on the number of watchers that may be appointed; required candidates to give the secretary of state notice at least ten days prior to the election of their appointment of watchers; and required the secretary of state to notify county clerks of the appointment of the watchers at least five days before the election.

The 2005 amendment, effective July 1, 2005, in Subsection B, changed the deadline for when the secretary of state shall notify the county clerk of the qualified appointees from ten to five days; and deleted "a nonpartisan" in the definition of "election-related organization".

The 2003 amendment, effective June 20, 2003, redesignated former Subsections B and C as present Subsection C and D and added present Subsection B.

Third party entitled to watcher in municipal election. — A third party ticket in a municipal election is entitled to have its own watchers provided it follows the outlined procedure. 1950 Op. Att'y Gen. No. 50-5290.

Candidate for office is not disqualified from serving as party watcher, and he may act as such during counting of the ballots. 1944 Op. Att'y Gen. No. 44-4609.

Am. Jur. 2d, A.L.R. and C.J.S. references. — 25 Am. Jur. 2d Elections §§ 91, 92.

29 C.J.S. Elections §§ 59, 60.