Section 17-10-11

Officials for counting of absentee ballots; poll watchers.

(a) For every primary, general, special or municipal election, there shall be appointed three managers, two clerks and a returning officer, named and notified as are other election officials under the general laws of the state, who shall meet, at the regular time of closing of the election on that day, in the office of the clerk or register for the purpose of receiving, counting and returning the ballots cast by absent voters. The returns from the absent box shall be made as required by law for all other boxes. It shall be unlawful for any election official or other person to publish or make known to anyone the results of the count of absentee votes before the polls close.

(b) Notwithstanding the provisions of subsection (a) of this section, in counties with populations of 50,000 or more, there shall be appointed three managers, two clerks and one returning officer for each 200 absentee ballots, or fraction thereof, cast at the election. In those counties, the appointing board for the election shall meet at least four days before the election, determine the number of officials to be appointed and appoint and notify them as other election officials are appointed and notified.

(c) Any person or organization authorized to appoint poll watchers under Section 17-6-8 or 17-16-26 may have a single watcher present at the counting of absentee ballots, with the rights as are conferred by the aforesaid sections and by any other provisions of state law.

(d) This section shall not apply to municipal elections in cities and towns of less than 10,000 inhabitants which are held at a time different from a primary or general election. These cities or towns may establish a procedure for the appointment of absentee election officials pursuant to subsection (c) of Section 11-46-27 by permanent ordinance adopted six months prior to the municipal election.

(e) Notwithstanding the provisions of subsections (a) and (b), in those counties using an optical scanning system to count absentee ballots, the election appointment board may appoint managers, clerks, and returning officers as are necessary to process and canvas absentee ballots.

(Acts 1975, No. 1147, p. 2251, §9; Acts 1980, No. 80-732, p. 1478, §7; Acts 1994, No. 94-692, p. 1332, §1; Act 2003-400, §1.)