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

B. State canvass observers shall be voters of the state. No person shall be qualified for appointment or service as a state canvass observer who is a sheriff, deputy sheriff, marshal, deputy marshal or state or municipal police officer.

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

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

E. State canvass observers shall not interfere with the orderly conduct of the canvass and may be removed by the secretary of state if the observer does not comply with the law.

F. As used in this section, "state canvass" means the process in the office of the secretary of state or by such person as the state canvassing board may appoint to examine election returns and certificates issued by the county canvassing boards and ending with the certification and announcement of the results by the state canvassing board.

History: Laws 2011, ch. 137, § 11; 2019, ch. 212, § 34.

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 "state canvass" as used in this section; in Subsection A, after "represented on", deleted "the" and added "a partisan", after "candidate for elected office", added "in a statewide election", after "election-related organization", added "in a statewide or special election", and after "written request to the secretary of state", deleted "at least ten days prior to the election date"; and in Subsection F, after "means the process", deleted "of examining" and added "in the office of the secretary of state or by such persons as the state canvassing board may appoint to examine".