§26-7-130. Watchers - Commission - Duties - Violation deemed

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misdemeanor.

Any candidate or any recognized political party shall be entitled to have a watcher present at any place where an official count is being conducted. Such watcher must be commissioned in writing by the candidate, or by the chair of the recognized political party of the county in which the watcher is being authorized. Such commission must be filed with the secretary of the appropriate county election board no later than 5:00 p.m. on Wednesday preceding the election. Watchers must subscribe to an oath to observe all laws and rules prescribed for watchers as hereinafter provided.

Such oath must be administered by the inspector of the precinct in which the watcher is authorized. Watchers shall be entitled to observe the voting device both before the polls are opened and after the polls are closed; provided, further, that such watchers shall not be present at the polling place at other times. Watchers may be commissioned to observe voting device testing and to accompany personnel assigned to repair or maintain machines during the period of the election.

In such case, the watchers shall be limited to observing the repair or maintenance work being performed and making a written record of such work. All watchers shall only appear in person and the use of

watchers via electronic devices is prohibited. Any watcher who violates the law prescribed for watchers shall be deemed guilty of a misdemeanor. Added by Laws 1974, c. 153, § 7-130, operative Jan. 1, 1975. Amended by Laws 1983, c. 171, § 13, emerg. eff. June 6, 1983; Laws 1990, c. 306, § 5, emerg. eff. May 30, 1990; Laws 1991, c. 321, § 25, eff. March 1, 1992; Laws 1995, c. 290, § 11, eff. Nov. 1, 1995; Laws 2004, c. 307, § 7, emerg. eff. May 17, 2004; Laws 2010, c. 189, § 17, eff. Jan. 1, 2011; Laws 2022, c. 291, § 2.