Title 21, Chapter 2, Section 265
( 21-2-265)
(a) The superintendent of a county or the governing authority of a
municipality shall select and fix the polling place within each
precinct and may, either on his, her, or its own motion or on
petition of ten electors of a precinct, change the polling place
within any precinct. Except in case of an emergency or unavoidable
event occurring within ten days of a primary or election, which
emergency or event renders any polling place unavailable for use at
such primary or election, the superintendent of a county or the
governing authority of a municipality shall not change any polling
place until notice of the proposed change shall have been published
for once a week for two consecutive weeks in the legal organ for the
county or municipality in which the polling place is located.
Additionally, on the first election day following such change, a
notice of such change shall be posted on the previous polling place
and at three other places in the immediate vicinity thereof. The
occupant or owner of the previous polling place, or his or her
agent, shall be notified in writing of such change at the time
notice is published in the legal organ. (b) Except in case of an emergency or unavoidable event occurring
within ten days of a primary or election, which emergency or event
renders any polling place unavailable for use, if a petition is
presented to the superintendent of a county or the governing
authority of a municipality on or before the day set for hearing of
the petition for change of a polling place, signed by 20 percent of
the electors of the precinct objecting to the proposed change, such
change shall not be ordered. (c) In primaries, the superintendent of a county or the governing
authority of a municipality in selecting and fixing the polling
place in each precinct shall select a polling place which will
provide adequate space for all parties conducting their primaries
therein. (d) The superintendent of a county or the governing authority of a
municipality, in selecting and fixing a polling place in each
precinct, shall select, if practicable, a polling place with
suitable and appropriate access to disabled voters. If no such
practicable locations exist within the precinct, the superintendent
of a county or the governing authority of a municipality may effect
temporary modifications to such existing locations as will, in his
or her or its judgment, provide more convenient and appropriate
access to the polling place by the disabled voter. No polling place
shall be selected or used under any circumstances which does not
have suitable and appropriate access to persons with disabilities
for the purpose of voting; and any person, whether or not personally
aggrieved, may bring an action for mandamus to require that all
polling places in the county or municipality have suitable and
appropriate access to persons with disabilities for the purpose of
voting. (e) The superintendent may establish the polling place for a
precinct outside the boundaries of the precinct if there is no
suitable facility within the precinct which could be used as a
polling place and if, by so doing, such polling place would better
serve the needs of the voters. |