Utah Code § 20A-3a-401.1 — Utah Code / Title 20A / Chapter 20A-3a / § 20A-3a-401.1
§ 20A-3a-401.1. Ballot chain of custody.
Status: in_force

(1) As used in this section: (a) "Batch" means a grouping of a specified number of ballots: (i) that is assembled by poll workers, and given a number to distinguish the grouping from other groupings, when the ballots are first received for processing; (ii) that is kept together in the same grouping, and kept separate from other groupings, throughout ballot processing; and (iii) for which a log is kept to document the chain of custody of the grouping. (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a return envelope that a poll worker has not separated from a ballot, as follows: (i) starting with receiving the ballot; (ii) each step taken in relation to a ballot as part of conducting an election; and (iii) ending after the ballots are counted and stored. (2) An election officer shall preserve the chain of custody of all ballots in accordance with this section. (3) An election officer shall maintain an accurate, updated count of the number of ballots that the election officer: (a) mails or otherwise provides to a voter; (b) receives from a voter; (c) counts; (d) rejects; (e) resolves after rejecting; or (f) does not resolve after rejecting. (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll workers immediately count the number of ballots received and divide the ballots into batches. (5) The election officer shall ensure that: (a) ballots in each batch are kept separate from the ballots in other batches; (b) a ballot is not separated from a batch, except as necessary to the election process; (c) if a ballot is separated from a batch, the batch log indicates: (i) the ballot number; (ii) the date and time of removal; (iii) the identity of the individual who removes the ballot; and (iv) the reason the ballot is removed; (d) poll workers shall keep for each batch a log that includes: (i) a unique identifying code or number for the batch; (ii) the number of ballots in the batch; (iii) the date that the ballots were received; and (iv) for each occasion that the batches, or any of the ballots in the batches, are handled: (A) the date and time that the ballots are handled; (B) a description of what is done with the ballots; (C) the identity of the poll workers who handle the ballots; and (D) any other information required by rule under Subsection (9); (e) an election official who performs a ballot processing function performs the function in the presence of at least one other election official; (f) to the extent reasonably possible, the poll workers who perform a ballot processing function for a batch complete performing that function for the entire batch; and (g) each part of the processing of all ballots is monitored by recorded video, without audio. (6) An election officer: (a) shall keep the video recordings described in Subsection (5)(g) until at least the later of: (i) the last day of the calendar year in which the election was held; or (ii) if the election is contested, when the contest is resolved; (b) may keep the video recordings described in Subsection (5)(g) indefinitely; and (c) shall ensure that a camera, a video, or a recording of a video described in Subsection (5)(g) may only be accessed by: (i) the election officer; (ii) a custodian of the camera, video, or recording; (iii) the lieutenant governor; (iv) the legislative auditor general, when performing an audit; (v) a court of competent jurisdiction, by or pursuant to an order of the court; or (vi) subject to Subsection (7)(b), and except as provided in Subsection (7)(c): (A) a candidate for an office that appears on a ballot, or an individual representing the candidate's campaign; (B) for a federal, statewide, or multicounty race, the chair of the state political party whose member is a candidate described in Subsection (6)(c)(vi)(A); (C) for a race where the officeholder is selected by voters entirely within one county, the chair of the county political party whose member is a candidate described in Subsection (6)(c)(vi)(A); or (D) the designee of a political party chair described in Subsection (6)(c)(vi)(B) or (C). (7) (a) An individual may not view a video recording described in Subsection (5)(g): (i) unless the individual is an individual described in Subsection (6)(c); and (ii) the individual views the video to the extent necessary to: (A) ensure compliance with Subsection (5)(g) or (6)(a); or (B) investigate a concern relating to the processing of ballots. (b) If an individual described in Subsection (6)(c)(vi) seeks to view a video recording described in Subsection (5)(g), the election officer may require the individual to view the video recording at the election officer's office during regular business hours. (c) An individual described in Subsection (6)(c)(vi) may not view a video recording described in Subsection (5)(g) after the time period for contesting the election to which the video recording relates ends. (8) An election officer shall retain and preserve all chain of custody documentation in the manner provided under Subsection 20A-4-202(3) for the retention and preservation of election material. (9) The director of elections within the Office of the Lieutenant Governor may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing specific requirements and procedures for an election officer or poll worker to: (a) fulfill the chain of custody requirements described in this section; and (b) perform the signature verification audits described in Section 20A-3a-402.5.