Sec. 38. (a) As used in this section, “omitted precinct election officer” refers to a precinct election officer that a precinct is not required to have by a resolution adopted under this section.

     (b) Notwithstanding other provisions of this title, a county election board may adopt a resolution to provide that specified precincts or all precincts of the county are not required to have any or all of the following precinct election officers:

(1) Sheriffs.

(2) Poll clerks.

     (c) A resolution adopted under this section must be adopted by unanimous vote of the entire membership of the board.

     (d) A resolution adopted under this section must state the following:

(1) The precincts to which the resolution applies.

(2) For each precinct identified in the resolution, which precinct election officers are omitted precinct election officers.

(3) For each precinct identified in the resolution, which precinct election officers will perform the duties required by this title of the omitted precinct election officers.

     (e) Notwithstanding any other law, the precinct election officer specified in a resolution adopted under this section shall perform the duties of the omitted precinct election officers as stated in the resolution.

     (f) A resolution adopted under this section expires December 31 after the resolution is adopted.

     (g) If a vacancy exists in the office of the sheriff in a precinct and:

(1) no resolution designating the precinct election officer to perform the duties of the sheriff has been adopted under this section; or

(2) the vote center plan adopted by the county does not specify which precinct election officer is to perform the duties of the sheriff;

then the judge of the precinct (or the precinct election officer designated to perform the duties of the election sheriff under a county vote center plan) serves as election sheriff until the vacancy is filled by the county election board.

As added by P.L.126-2002, SEC.21. Amended by P.L.14-2004, SEC.12; P.L.193-2021, SEC.9.