A. The county chair of each political party represented on a partisan ballot may appoint in writing county canvass observers. A candidate for elected office and an election-related organization in a statewide or special election may each appoint county canvass observers in a county if the candidate or organization makes a written request to the secretary of state and specifies the names of the qualified appointees. The secretary of state shall immediately notify the county clerk of the qualified appointees.

B. County canvass observers shall be voters of a precinct located in that county to which they are appointed. No person shall be qualified for appointment or service as a county canvass observer who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer.

C. A county canvass observer or an election observer, upon presentation of the observer's written appointment, shall be permitted to be present at any time from the time the county canvassing begins until the completion of the canvass.

D. A county canvass observer or election observer is strictly limited to observing and documenting the canvassing process and shall not interrupt the canvassing process.

E. County canvass observers and election observers shall not interfere with the orderly conduct of the canvass and may be removed by the county clerk if the observer does not comply with the law.

F. As used in this section, "county canvass" means the process in the office of the county clerk of qualifying and verifying paper ballots and counting and tallying votes for each precinct beginning upon the closing of the polls and ending with the certification and announcement of the results by the county canvassing board.

History: Laws 2005, ch. 270, § 15; 2011, ch. 137, § 28; 2019, ch. 212, § 33.

The 2019 amendment, effective April 3, 2019, limited the provisions in this section to statewide and special elections, revised a notice provision, and revised the definition of "county canvass" as used in this section; in Subsection A, after "represented on", deleted "the" and added "partisan", after "election-related organization", added "in a statewide or special election", after "written request to the secretary of state", deleted "at least ten days prior to the election date", after "The secretary of state", added "immediately", and after "qualified appointees", deleted "at least five days before the election"; and in Subsection F, after "means the process", added "in the office of the county clerk".

The 2011 amendment, effective July 1, 2011, allowed county chairs to appoint county canvass observers; required the secretary of state to notify county clerks of appointments of county canvass observers at least five days before the election; disqualified law enforcement officers from serving as county canvass observers; and eliminated the restriction on the number of county canvass observers that may be admitted in the room where the canvass is being conducted.