2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 4 - Disposition of Ballots › Section 401.1 - Ballot chain of custody.

Effective 5/3/2023
20A-3a-401.1.
Ballot chain of custody.
(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 (7);
(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 shall:
(a) keep the recordings described in Subsection (5)(g) until the later of:
(i) the end of the calendar year in which the election was held; or
(ii) if the election is contested, when the contest is resolved; and
(b) ensure that a camera, a video, or a recording of a video described in Subsection (5)(g) may only be accessed:
(i) by the election officer;
(ii) by a custodian of the camera, video, or recording;
(iii) by the lieutenant governor;
(iv) by the legislative auditor general, when performing an audit; or
(v) by, or pursuant to an order of, a court of competent jurisdiction.
(7) An individual may not view a video, or a recording of a video, described in Subsection (5)(g):
(a) unless the individual is an individual described in Subsection (6)(b); and
(b) the individual views the video to the extent necessary to:
(i) ensure compliance with Subsection (5)(g) or (6); or
(ii) investigate a concern relating to the processing of ballots.
(8) 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;
(b) perform the signature verification audits described in Section 20A-3a-402.5; and
(c) comply with the reconciliation requirements described in Subsection 20A-4-304(2)(h).
Enacted by Chapter 297, 2023 General Session