3.H. The Election Authority
The Election Authority (i.e., the County Clerk or Board of Election Commissioners) performs essential election management functions, including securing the Polling Place, providing election materials, and ensuring that voting machines and tabulators are functioning correctly.
The Election Authority does not supervise the Election Judges. The Election Authority cannot give orders to the Election Judges. Election Judges operate under the jurisdiction of the Circuit Court, a separate branch of government.
Election Judges may seek guidance from the Election Authority, but must make their own decisions based on the law.
3.H.1. The Election Authority In the Polling Place
Upon entering the Polling Place, the Election Authority or their representatives must present official credentials or other identification to the Election Judges.
The Election Judges determine whether the Election Authority must sign in.
3.H.2. Restrictions on the Election Authority in the Polling Place
From one hour before the polls open until after the polls close and all ballots are canvassed, secured, and sealed — except for technicians dispatched at the request of the Election Judges — the Election Authority and its representatives are subject to the same restrictions as a poll watcher:
- They cannot touch election materials, unless they are dropping off those materials.
- They cannot touch election equipment.
- They cannot instruct a voter on the use of election equipment.
- They cannot instruct a voter on how to fill out a ballot.
- They cannot instruct or assist a voter in depositing a ballot in the ballot box/tabulator.
- They must provide that "the secrecy of the ballot is not impinged".