A. Except as otherwise provided for by law, there shall be one (1) polling place for each precinct, and the polling place shall be located within the geographic boundaries of such precinct. The secretary of a county election board shall determine the location of polling places within his or her county.
B. 1. If compliance with subsection A of this section is not practicable, the secretary of a county election board may locate a polling place outside the geographic boundaries of the precinct, subject to such rules and procedures as may be prescribed by the Secretary of the State Election Board.
2. Prior to locating a polling place outside the geographic boundaries of a precinct, the secretary of a county election board shall notify the Secretary of the State Election Board setting forth the reasons why such location is necessary and detailing the actions taken to locate a polling place within the boundaries of the precinct.
3. Within fifteen (15) business days of the Secretary receiving the notification, the State Election Board may, by majority vote, prohibit the planned polling place location and require the county election board secretary find a more suitable location.
C. Persons, businesses, churches and any other nongovernmental entities providing space for use as a polling place shall not be held liable for any torts arising from any incident occurring in such space during the period when such space is used as a polling place.
D. The Secretary of the State Election Board may prescribe rules or procedures regarding the location of precincts described in this section.
Added by Laws 1974, c. 153, § 3-120, operative Jan. 1, 1975. Amended by Laws 1979, c. 240, § 9, emerg. eff. June 1, 1979; Laws 1981, c. 296, § 1, eff. July 1, 1981; Laws 1992, c. 346, § 1, eff. Sept. 1, 1992; Laws 2019, c. 491, § 21, eff. Nov. 1, 2019.
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