Feds say poll judges misinterpret Utah law

By Thomas Burr
The Salt Lake Tribune 19 August 2004

The U.S. Department of Justice complained during Utah's primary election that poll judges were misinterpreting laws about provisional ballots, and more training could help ensure election results don't end up in court, the state elections director told lawmakers Wednesday.
   Amy Naccarato told the Legislature's interim Government Operations Committee that DOJ attorneys, who were observing polling locations during the primary, reported to her that poll workers apparently misunderstood the rules on such ballots, which are used by residents who say they have registered to vote but are not listed on voter rolls.
   In one case, Naccarato said, the DOJ attorneys said a poll judge stated that someone voting a provisional ballot would have to show a birth certificate to cast a vote. State law only requires proof of residency, like a   utility bill.
   "I know the Department of Justice is watching us and that's not a fun thing," said Naccarato, adding she wants to solve the problem without the DOJ's "assistance."
   "It's something we need to take very seriously," responded Rep. Roz McGee, D-Salt Lake City.
   DOJ officials could not be reached for comment late Wednesday.
   If election laws are applied differently in various  precincts, election results could be in jeopardy.
   A candidate in a close race, for example, could challenge the vote tally in court.
   The DOJ sent observers to Utah's primary in June after an immigration reform group suggested it might challenge the ability of thousands of people to vote in the 3rd Congressional District, where laws dealing with undocumented   workers were a hot topic between two Republican candidates.
   Naccarato says her office is creating a uniform, statewide manual to educate poll workers.
   "Most judges are great," she said. "It's probably more our fault. We need better training."