(1)Each
county clerk and recorder shall coordinate with the individual who the county
sheriff has designated as the sheriff's designee pursuant to section 30-10-529 at
each county jail or detention center to facilitate voting for all confined eligible
electors. The clerk and recorder shall provide training and technical assistance to
the sheriff's designee and shall, at a minimum, use the materials created by the
office of the secretary of state pursuant to section 1-1-107 (8).
(2)The election plan required by section 1-7.5-105 must include the
following information:
(a)How the county clerk and recorder will provide each county jail or
detention center with voter information materials consistent with the materials
provided to nonconfined eligible electors, including at a mini
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(1) Each
county clerk and recorder shall coordinate with the individual who the county
sheriff has designated as the sheriff's designee pursuant to section 30-10-529 at
each county jail or detention center to facilitate voting for all confined eligible
electors. The clerk and recorder shall provide training and technical assistance to
the sheriff's designee and shall, at a minimum, use the materials created by the
office of the secretary of state pursuant to section 1-1-107 (8).
(2) The election plan required by section 1-7.5-105 must include the
following information:
(a) How the county clerk and recorder will provide each county jail or
detention center with voter information materials consistent with the materials
provided to nonconfined eligible electors, including at a minimum a list of
acceptable forms of identification under section 1-1-104 (19.5) and the information
required by sections 1-40-124.5 and 1-40-125, and how the sheriff's designee will
ensure reasonable access to such materials and information in accordance with
section 30-10-529 (3);
(b) The process by which the county clerk and the sheriff's designee will
facilitate voter registration, each of the services required during in-person voting
set forth in subsection (4) of this section, and delivery and retrieval of mail ballots
for confined eligible electors;
(c) (Deleted by amendment, L. 2024).
(d) The number of confined eligible voters who registered to vote in the prior
year and the number of confined eligible voters who voted in the last November
election; and
(e) How the clerk and recorder and the sheriff's designee will facilitate the
process for a confined eligible elector to cure a deficiency on the confined eligible
elector's ballot pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5).
(3) (a) After ballots have been delivered pursuant to the process identified in
subsection (2)(b) of this section, the sheriff's designee shall inspect all outgoing
mail at the county jail or detention facility for ballots and shall ensure that any
ballots in outgoing mail are placed instead in a designated location for collection.
(b) By no later than 9:00 a.m. on election day, the sheriff's designee shall
ensure that confined individuals have information regarding the location where
confined eligible electors must deposit their ballots and the latest time on election
day that ballots may be deposited at the designated location.
(c) (I) Beginning not earlier than 3:00 p.m. on election day, a team of
bipartisan election judges acting at the direction of the clerk and recorder of the
county in which the jail or detention center is located shall conduct a final
collection of ballots that have been deposited at the designated location.
(II) As used in this subsection (3)(c), election judge has the same meaning
as set forth in section 1-6-100.3 (1).
(4) (a) (I) For a general election, the sheriff's designee shall coordinate with
the county clerk and recorder to provide, at a minimum, one day of in-person voting
for confined eligible electors at the county jail or detention center. The in-person
voting must be open for at least six hours and be held on any day between the
fifteenth day before election day and the fourth day before election day.
(II) If, on the date that in-person voting is scheduled for, access to the county
jail or detention center is unavailable due to a lock down or other exigent
circumstances, then the sheriff's designee shall work with the county clerk and
recorder to schedule a different date for in-person voting to be held in accordance
with this subsection (4).
(b) During the in-person voting, the county clerk and recorder and the
sheriff's designee shall provide:
(I) The ability for a confined individual, if eligible to vote, to register to vote or
update the confined individual's voter registration record;
(II) The ability for a confined eligible elector to cast a ballot and do so
without violating the confined eligible elector's right to a secret ballot;
(III) The ability for a confined eligible elector who is detained in a county jail
or detention center outside the confined eligible elector's county of residence to
cast a ballot containing only statewide races and measures;
(IV) Reasonable accommodation in accordance with the federal Americans
with Disabilities Act of 1990, 42 U.S.C. sec. 12101 et seq., as amended, that allows a
confined individual with a disability, if eligible to vote, to register to vote and update
the confined individual's voter registration record and a confined eligible elector
with a disability to cast a ballot;
(V) The ability to accept mail ballots that are deposited by confined eligible
electors;
(VI) The ability for a confined eligible elector to submit a mail ballot cure
form pursuant to sections 1-7.5-107 (3.5) and 1-7.5-107.3 (1.5); and
(VII) The ability of a confined individual to cast a provisional ballot.
(5) Before registering a confined individual to vote, updating a confined
individual's voter registration, or allowing a confined individual to vote in any
election, the county clerk and recorder must access the confined individual's record
within the department of corrections' online offender database to confirm that the
confined individual is not currently serving a sentence for a felony conviction.
(6) The secretary of state shall promulgate rules in accordance with article 4
of title 24 as may be necessary to administer and enforce the requirements of this
section.