(1)(a) At least fifteen days before any primary, general, congressional vacancy, or
special legislative election, the county chairpersons of each of the two major
political parties in each county shall certify to the county clerk and recorder, in the
manner prescribed by such clerk and recorder, the appointment of one or more
registered electors to serve as a member of the county canvass board. The
appointees, together with the county clerk and recorder, constitute the county
canvass board. Each minor political party whose candidate is on the ballot and each
unaffiliated candidate whose name is on the ballot in such election may designate,
in the manner prescribed by such clerk and recorder, one watcher to observe the
work of the county canvass board.
(b)If for any reason an ap
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(1) (a) At least fifteen days before any primary, general, congressional vacancy, or
special legislative election, the county chairpersons of each of the two major
political parties in each county shall certify to the county clerk and recorder, in the
manner prescribed by such clerk and recorder, the appointment of one or more
registered electors to serve as a member of the county canvass board. The
appointees, together with the county clerk and recorder, constitute the county
canvass board. Each minor political party whose candidate is on the ballot and each
unaffiliated candidate whose name is on the ballot in such election may designate,
in the manner prescribed by such clerk and recorder, one watcher to observe the
work of the county canvass board.
(b) If for any reason an appointee to the county canvass board refuses, fails,
or is unable to serve, the appointee shall notify the county clerk and recorder. The
county clerk and recorder, by the speediest and most convenient method, shall
notify the county chairperson of the political party to which the appointee belongs.
The county chairperson shall forthwith appoint another person to the county
canvass board. If the political party has no county chairperson or vice-chairperson
or if a vacancy in the appointment occurs on the date of the meeting of the county
canvass board so that there can be no specific compliance with the provisions of
this section, the county clerk and recorder shall make the appointment or shall fill
the vacancy as nearly in compliance with the intention of this section as possible.
(2) Each canvass board appointee shall receive a minimum fee of fifteen
dollars for each day of service. The fee shall be set by the county clerk and recorder
and shall be paid by the county for which the service is performed.
(3) Prior to assuming their duties, the members of the canvass board shall
swear or affirm the following: I, ...................., do solemnly swear (or affirm) that I am a
registered elector in the county of ....................; that I am a registered member of the
.............. party as shown in the statewide voter registration system; and that I will
faithfully perform the duties required of a member of the county canvass board.
(4) Any individual serving on a canvass board pursuant to this article is
immune from liability in any proceeding that is based on an act or omission of the
individual if:
(a) He or she was acting in good faith and within the scope of his or her
official functions or duties as specified in this article; and
(b) The violation was not caused by willful or intentional misconduct on the
part of the individual.
Source: L. 92: Entire article R&RE, p. 775, � 13, effective January 1, 1993. L.
99: (1)(a) amended, p. 1390, � 11, effective June 4; entire section amended, p. 478, �
2, effective July 1. L. 2002: (1)(a) amended, p. 1638, � 25, effective June 7. L. 2014: (4) added, (SB 14-161), ch. 160, p. 566, � 25, effective May 9. L. 2016: (3) amended,
(SB 16-142), ch. 173, p. 586, � 60, effective May 18. L. 2021: (3) amended, (SB 21-250), ch. 282, p. 1652, � 47, effective June 21.