UT Code § 20A-5-804 (2021)
2021 Utah Code|Title 20A - Election Code|Chapter 5 - Election Administration|Part 8 - Voting Equipment Selection and Certification|Section 804 - Voting Equipment Grant Program -- Qualifications for receipt -- Matching funds -- Acceptable uses.

 Affected by 63I-2-220 on 7/1/2023  Effective 5/12/2020  20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt -- Matching funds -- Acceptable uses.    (1) As used in this section:   (a) "Program" means the Voting Equipment Grant Program created in this section.     (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:   (i) the total amount of funds appropriated by the Legislature to the program; and     (ii) the quotient of:   (A) the total number of active voters in a county; and     (B) the total number of registered voters in the state.           (2)   (a) There is created the Voting Equipment Grant Program as a grant program to assist counties in purchasing new voting equipment systems.     (b) The lieutenant governor shall administer the program using funds appropriated by the Legislature for the purpose of administering the program.       (3)   (a) After January 1, 2018, a county may submit a proposal to the Office of the Lieutenant Governor to participate in and receive funds from the program.     (b) A proposal described in Subsection (3)(a) shall:   (i) describe the current condition of the voting equipment used by the county;     (ii) describe the county's need for a new voting equipment system;     (iii) describe how the county plans to comply with the requirements described in Subsection (4), including:   (A) a description of how the county plans to provide the matching funds described in Subsection (4)(b) if the proposal is accepted; and     (B) a schedule by which the requirements will be met; and       (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment system.         (4) A county that receives funds through a program grant:   (a) shall use the funds to purchase a new voting equipment system that:   (i) meets the requirements of Section 20A-5-802;     (ii) creates a secure and auditable paper record of each vote; and     (iii) complies with any additional binding requirement made under Subsection 20A-5-803(8) by the Voting Equipment Selection Committee;       (b) shall, for the purpose of purchasing a new voting equipment system, appropriate matching funds equal to or greater than the difference of:   (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); and     (ii) the amount the lieutenant governor is required to disburse to the county under Subsection (7)(a);       (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;     (d) except as provided in Subsection (5), may not, after using a new voting equipment system in an election that was purchased under this section, use voting equipment that does not meet the requirements described in Subsection (4)(a); and     (e) shall purchase a new voting equipment system described under Subsection (4)(a) that provides the best value to the county with consideration for the new voting equipment system's:   (i) cost of maintenance;     (ii) estimated operational lifetime; and     (iii) cost of replacement.         (5) A county that receives funds through the program may use voting equipment that does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):   (a) to the extent that using the voting equipment is necessary to accommodate a person with a disability in accordance with the requirements described in Subsection 20A-3a-202(8)(b), 20A-3a-603(1)(c), 20A-5-303(8), or 20A-5-403(2)(b)(iii); or     (b) if the county purchased the voting equipment before receiving grant funds under Subsection (7)(a).       (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor shall:   (a) review the proposal to ensure that:   (i) the proposal complies with the requirements described in Subsection (3); and     (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and       (b)   (i) if the proposal complies with the requirements described in Subsection (3), the cost estimate appears to be reasonably accurate, and sufficient program funds are available:   (A) accept the proposal;     (B) notify the county clerk of the county that submitted the proposal that the proposal is accepted;     (C) notify the county clerk of the requirements described in Subsection (7); and     (D) disburse the funds described in Subsection (7)(a), in accordance with the requirements described in Subsection (7)(b), to the county that submitted the proposal; or       (ii) if the proposal does not comply with the requirements described in Subsection (3), the cost estimate does not appear to be reasonable, or sufficient program funds are not available:   (A) reject the proposal; and     (B) notify the county clerk of the county that submitted the proposal that the proposal is rejected, indicating the reason that the proposal is rejected.           (7) The lieutenant governor:   (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:   (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); or     (ii) the proportional reimbursement rate; and       (b) may not disburse funds under Subsection (6)(b)(i)(D):   (i) until the county appropriates the matching funds described in Subsection (4)(b); or     (ii) if the disbursement would cause the county's total receipt of funds from the program to exceed the proportional reimbursement rate.        Amended by Chapter 31, 2020 General Session