§ 7-3-25 — Noncompliant county boards of voter registration and elections.

(A) In the event that the State Election Commission, acting through its executive director, determines that a county board of voter registration and elections has failed to comply with applicable state or federal law or State Election Commission policies, procedures, or standardized processes with regard to the conduct of the election or voter registration process, the State Election Commission, acting through its executive director or other designee, must supervise, pursuant to Section 7-3-20(D)(1) and (2), the county board to the extent necessary to: (1) identify the failure to comply with state or federal law or State Election Commission policies, procedures, or standardized processes; (2) establish a plan to correct the failure; and (3) implement the plan to correct the failure. The officials and employees of the State Election Commission and the county board must work together, in good faith, to remedy the failure of the county board to adhere to state or federal law or State Election Commission policies, procedures, or standardized processes. In the event of a difference of policy or opinion between a county election official or employee and the State Election Commission or its designee, pertaining to the manner in which particular functions must be performed, the policy or opinion of the State Election Commission shall control. (B) If a county board of voter registration and elections does not or cannot determine and certify the results of an election or referendum for which it is responsible by the time set for certification by applicable law, the responsibility to determine and certify the results is devolved upon the State Election Commission. (C) If the State Election Commission determines that an official or an employee of a county board of voter registration and elections has negligently failed to comply with applicable state or federal law or State Election Commission policies, procedures, or standardized processes with regard to the election or voter registration process or fails to comply with or cooperate with the corrective plan established by the State Election Commission or its designee under the provisions of subsection (A), the commission may order the decertification of that official or employee and if decertified the commission shall require that official to participate in a retraining program approved by the commission prior to recertification. If the commission finds that the failure to comply with state or federal law or State Election Commission policies, procedures, or standardized processes by an official is wilful, it shall recommend the termination of that official to the Governor or it shall recommend termination of a staff member to the director of the appropriate county board of voter registration and elections.

Legislative History

HISTORY: 2014 Act No. 196 (S.815), SECTION 2, eff June 2, 2014; 2022 Act No. 150 (S.108), SECTION 29, eff May 13, 2022. Effect of Amendment 2022 Act No. 150, SECTION 29, in (A), substituted "voter registration and elections" for "elections and voter registration", ", procedures, or standardized processes" for "and procedures", and "Section 7-3-20(D)(1) and (2)" for "Section 7-3-20(C)(1)", in (1), substituted ", procedures, or standardized processes" for "and procedures", in (3), in the second sentence, inserted "or State Election Commission policies, procedures, or standardized processes" at the end; and in (C), in the first and second sentences, substituted ", procedures, or standardized processes" for "and procedures".