TITLE 34

ELECTIONS

CHAPTER 3

ELECTION PRECINCTS AND JUDGES

34-302.  Designation of precinct polling places — Limitation of Liability. (1) The board shall, by the fifth Friday before any election, designate a suitable polling place for each election precinct. Insofar as possible, the board shall designate the same polling place for the general election that it designated for the primary election. The physical arrangements of the polling place shall be sufficient to guarantee all voters the right to cast a secret ballot. Public school facilities shall be made available to the board as precinct polling places. All polling places designated as provided herein shall conform to the accessibility standards adopted by the secretary of state pursuant to the voting accessibility for the elderly and handicapped act, 52 U.S.C. 20101 et seq. The expense of providing such polling places shall be a public charge and paid out of the county treasury.

(2)  An owner of a property who either directly or indirectly invites or permits without charge any person to use such property as a polling place owes no duty of care to keep the property safe for entry by others for polling purposes or to give any warning of a dangerous condition, use, structure, or activity on such land to persons entering for polling purposes. The installation of a sign or other form of warning of a dangerous condition, use, structure, or activity; any modification made for the purpose of improving the safety of others; or the failure to maintain or keep in place any sign, other form of warning, or modification made to improve safety shall not create liability on the part of an owner of property where there is no other basis for such liability. Additionally, such owner of a property does not, by permitting such use as a polling place:

(a)  Extend any assurance that the property is safe for any purpose;

(b)  Confer on any person entering on such owner’s property the legal status of an invitee or licensee to whom a duty of care is owed; or

(c)  Assume responsibility for or incur liability for any injury to person or property caused by an act or omission of any person entering on such owner’s property.

History:

[34-302, added 1970, ch. 140, sec. 33, p. 351; am. 1973, ch. 304, sec. 2, p. 646; am. 1978, ch. 38, sec. 1, p. 67; am. 1985, ch. 115, sec. 2, p. 238; am. 2019, ch. 96, sec. 2, p. 345; am. 2019, ch. 283, sec. 1, p. 824; am. 2026, ch. 288, sec. 1, p. 1205.]