reglab/statecodes huggingface dataset:
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 4 - Recounts and Election Contests › Section 404 - Election contest -- Calendaring and disposition.

20A-4-404.
Election contest -- Calendaring and disposition.
(1)
(a) Upon receipt of the petition, the clerk shall inform the chief judge of the court having jurisdiction.
(b) The chief judge shall issue an order:
(i) assigning the case to a district court judge, if the district court has jurisdiction; and
(ii) setting a date and time, not less than 10 nor more than 30 days from the date the petition was filed to hear and determine the contest.
(c) The clerk shall:
(i) issue a subpoena for the person whose right to the office is contested to appear at the time and place specified in the order; and
(ii) cause the subpoena to be served.
(2) The court shall meet at the time and place designated to determine the contest.
(3)
(a) If it is necessary for the court to inspect the ballots of any voting precinct in order to determine any election contest the judge may order the proper officer to produce them.
(b) The judge shall:
(i) open and inspect the ballots in open court in the presence of the parties or their attorneys; and
(ii) immediately after the inspection, seal them in an envelope and return them, by mail or otherwise, to their legal custodian.
(4)
(a) If the petition, response, or counterclaim alleges an error in the canvass sufficient to change the result, the court may order and conduct a recount of the ballots or vote tabulation.
(b) The court may also require the production of any documents, records, and other evidence necessary to enable it to determine the legality or illegality of any vote cast or counted.
(c)
(i) After all the evidence in the contest is submitted, the court shall enter its judgment, either confirming the election result or annulling and setting aside the election.
(ii) If the court determines that a person other than the one declared elected received the highest number of legal votes, the court shall declare that person elected.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 4 - Recounts and Election Contests › Section 405 - Election contests -- Costs.

Effective 3/3/2022
20A-4-405.
Election contests -- Costs.
(1) The court shall enter judgment for costs against the party contesting the election if:
(a) the proceedings are dismissed for:
(i) insufficiency of pleading or proof; or
(ii) want of prosecution; or
(b) the election is confirmed by the court.
(2) The court shall enter judgment for costs against the party whose election was contested if the election is annulled and set aside.
(3)
(a) Each party is liable for the costs of the officers and witnesses that appeared on the party's behalf.
(b) The party may pay, and the officers and witnesses may collect, those costs in the same manner as similar costs are paid and collected in other cases.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 4 - Recounts and Election Contests › Section 406 - Election contests -- Appeal.

20A-4-406.
Election contests -- Appeal.
(1)
(a) Either party may appeal the district court's judgment to the Supreme Court as in other cases of appeal from the district court.
(b) When an appeal is taken, the district court may not stay execution or proceedings, except execution for costs.
(2) Whenever an election is annulled or set aside by the judgment of a court and no appeal is taken within 10 days, the certificate of election, if any has been issued, is void, and the office is vacant.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 5 - Offenses Involving Election Returns › Section 501 - Election returns -- Forgery.

20A-4-501.
Election returns -- Forgery.
(1) It is unlawful for any person to:
(a) forge or counterfeit any election returns from any election purporting to have been held at any voting precinct where no election was in fact held;
(b) willfully substitute any forged or counterfeit election returns in the place of the true return for a voting precinct where any election was actually held; or
(c) commit or cause any fraud in any election in any manner.
(2) A violation of this section is a third degree felony.
Amended by Chapter 253, 2013 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 5 - Offenses Involving Election Returns › Section 502 - Altering vote count or returns.

20A-4-502.
Altering vote count or returns.
(1) It is unlawful for any person to:
(a) willfully add to or subtract from the votes actually cast at an election in any election returns; or
(b) alter any election returns.
(2) Any person who violates this section is guilty of a third degree felony.
Amended by Chapter 253, 2013 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 5 - Offenses Involving Election Returns › Section 504 - Interfering with count.

20A-4-504.
Interfering with count.
(1) It is unlawful for any person to intentionally ascertain, or attempt to ascertain, the progress or state of the count before the ballot count is completed in the voting precinct, or before 8 p.m., whichever is later.
(2) Any person who violates this section is guilty of a third degree felony.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 5 - Offenses Involving Election Returns › Section 505 - Communicating about the count.

20A-4-505.
Communicating about the count.
(1) It is unlawful for any poll worker to communicate in any manner, directly or indirectly, by word or sign, the progress of the count, the result so far, or any other information about the count.
(2) Any person who violates this section is guilty of a third degree felony.
Amended by Chapter 75, 2007 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 6 - Municipal Alternate Voting Methods Pilot Project › Section 601 - Definitions.

Affected by 63I-2-220 on 1/1/2026
Effective 5/4/2022
20A-4-601.
Definitions.
As used in this part:
(1) "Candidate amplifier" means the product of:
(a) two less than the total number of candidates in a given ballot-counting phase of a multi-candidate race; and
(b) .02%.
(2) "First preference ranking" means the candidate selected as the candidate most preferred by a voter, as indicated by:
(a) the number one; or
(b) if the voter does not assign the number one to any candidate, the number two.
(3) "Multi-candidate race" means a nonpartisan municipal race where:
(a) for the election of at-large officers, the number of candidates who qualify for the race exceeds the total number of seats to be filled; or
(b) for the election of an officer other than an at-large officer, more than two candidates qualify to run for one office.
(4) "Participating municipality" means a municipality that is participating in the pilot project, in accordance with Subsection 20A-4-602(3).
(5) "Pilot project" means the Municipal Alternate Voting Methods Pilot Project created in Section 20A-4-602.
(6) "Recount threshold" means the sum of the candidate amplifier and the following:
(a) for a ballot-counting phase in which fewer than 100 valid rankings are counted, 0.21%;
(b) for a ballot-counting phase in which at least 100, but fewer than 500, valid rankings are counted, 0.19%;
(c) for a ballot-counting phase in which at least 500, but fewer than 1,000, valid rankings are counted, 0.17%;
(d) for a ballot-counting phase in which at least 1,000, but fewer than 5,000, valid rankings are counted, 0.15%;
(e) for a ballot-counting phase in which at least 5,000, but fewer than 10,000, valid rankings are counted, 0.13%; and
(f) for a ballot-counting phase in which 10,000 or more valid rankings are counted, 0.11%.
(7) "Valid" means that the ballot is marked in a manner that permits the ranking to be counted during the applicable ballot-counting phase.
Amended by Chapter 342, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 6 - Municipal Alternate Voting Methods Pilot Project › Section 602 - Municipal Alternate Voting Methods Pilot Project -- Creation -- Participation.

Affected by 63I-2-220 on 1/1/2026
Effective 5/4/2022
20A-4-602.
Municipal Alternate Voting Methods Pilot Project -- Creation -- Participation.
(1) There is created the Municipal Alternate Voting Methods Pilot Project.
(2) The pilot project begins on January 1, 2019, and ends on January 1, 2026.
(3)
(a) A municipality may participate in the pilot project, in accordance with the requirements of this section and all other applicable provisions of law, during any odd-numbered year that the pilot project is in effect, if, before May 1 of the odd-numbered year, the legislative body of the municipality:
(i) votes to participate; and
(ii) provides written notice to the lieutenant governor and the county clerk stating that the municipality intends to participate in the pilot project for the year specified in the notice.
(b) The legislative body of a municipality that provides the notice of intent described in Subsection (3)(a) may withdraw the notice of intent, and not participate in the pilot project, if the legislative body of the municipality provides written notice of withdrawal to the lieutenant governor and the county clerk before May 1.
(4) The lieutenant governor shall maintain, in a prominent place on the lieutenant governor's website, a current list of the municipalities that are participating in the pilot project.
(5)
(a) An election officer of a participating municipality shall, in accordance with the provisions of this part, conduct a multi-candidate race during the municipal general election using instant runoff voting.
(b) Except as provided in Subsection 20A-4-603(9), an election officer of a participating municipality that will conduct a multi-candidate race under Subsection (5)(a) may not conduct a municipal primary election relating to that race.
(c) A municipality that has in effect an ordinance described in Subsection 20A-9-404(3) or (4) may not participate in the pilot project.
(6) Except for an election described in Subsection 20A-4-603(9), an individual who files a declaration of candidacy or a nomination petition, for a candidate who will run in an election described in this part, shall file the declaration of candidacy or nomination petition during the office hours described in Section 10-3-301 and not later than the close of those office hours, no sooner than the second Tuesday in August and no later than the third Tuesday in August of an odd-numbered year.
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 6 - Municipal Alternate Voting Methods Pilot Project › Section 604 - Batch elimination.

Affected by 63I-2-220 on 1/1/2026
Effective 5/4/2022
20A-4-604.
Batch elimination.
In any ballot count conducted under Section 20A-4-603, the election officer may exclude candidates through batch elimination by, instead of excluding only one candidate in a ballot-counting phase, excluding each candidate:
(1) for which the number of remaining candidates with more valid rankings than that candidate is greater than or equal to the number of offices to be filled; and
(2)
(a) for which the number of valid rankings counted for the candidate in the ballot-counting phase plus the number of rankings counted for all candidates with fewer valid rankings in the ballot-counting phase is less than the number of valid rankings for the candidate with the next highest amount of valid rankings in the ballot-counting phase; or
(b) who has fewer valid rankings in the ballot-counting phase than a candidate who is excluded under Subsection (2)(a).
Amended by Chapter 342, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 1 - Election Notices and Instructions › Section 102 - Voting instructions.

Effective 5/4/2022
20A-5-102.
Voting instructions.
(1) Each election officer shall:
(a) print instructions for voters;
(b) ensure that the instructions are printed in English, and any other language required under the Voting Rights Act of 1965, as amended, in large clear type; and
(c) ensure that the instructions inform voters:
(i) about how to obtain ballots for voting;
(ii) about special political party affiliation requirements for voting in a regular primary election or presidential primary election;
(iii) about how to prepare ballots for deposit in the ballot box;
(iv) about how to record write-in votes;
(v) about how to obtain a new ballot in the place of one spoiled by accident or mistake;
(vi) about how to obtain assistance in marking ballots;
(vii) about obtaining a new ballot if the voter's ballot is defaced;
(viii) that identification marks or the spoiling or defacing of a ballot will make it invalid;
(ix) about how to obtain and vote a provisional ballot;
(x) about whom to contact to report election fraud;
(xi) about applicable federal and state laws regarding:
(A) voting rights and the appropriate official to contact if the voter alleges that the voter's rights have been violated; and
(B) prohibitions on acts of fraud and misrepresentation;
(xii) about procedures governing mail-in registrants and first-time voters; and
(xiii) about the date of the election and the hours that the polls are open on election day.
(2) Each election officer shall:
(a) provide the election judges of each voting precinct with sufficient instruction cards to instruct voters in the preparation of the voters' ballots; and
(b) direct the election judges to post:
(i) general voting instructions in each voting booth;
(ii) at least three instruction cards at other locations in the polling place; and
(iii) at least one sample ballot at the polling place.
Amended by Chapter 18, 2022 General Session
Amended by Chapter 170, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 1 - Election Notices and Instructions › Section 103 - Constitutional amendments -- Posting.

20A-5-103.
Constitutional amendments -- Posting.
(1) Whenever a constitutional amendment is submitted to a vote of the people for their approval or rejection, the county clerk shall:
(a) cause the original section of the constitution to be printed on cards in large clear type with the changes to it indicated by bracketing and interlining any language proposed to be repealed and underlining any new language proposed to be inserted; and
(b) place the question as it appears upon the official ballot after the original section.
(2) If there is more than one amendment submitted, the clerk shall ensure that the proposed amendments are placed upon the cards in columns in the same order as they will appear upon the official ballot.
(3) Each county clerk shall:
(a) provide the election judges for each voting precinct with two constitutional amendment cards; and
(b) direct the election judges to post the two constitutional amendment cards in and about the polling place.
Amended by Chapter 183, 1997 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 2 - Administration in General › Section 204 - Duplicate registration.

20A-5-204.
Duplicate registration.
(1) Upon finding duplicate registration, the county clerk shall first check for errors in the record.
(2) If duplicate registration does exist, the clerk shall:
(a) eliminate one registration entry; and
(b) change the date of voter registration on the voter's file to the most recent registration date.
Amended by Chapter 3, 1996 Special Session 2
Amended by Chapter 3, 1996 Special Session 2
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 2 - Administration in General › Section 205 - Delivery of official register.

Effective 5/12/2020
20A-5-205.
Delivery of official register.
(1) Before delivering the official register to the poll workers, the county clerk shall verify the accuracy and completeness of the official register.
(2) The county clerk shall, before the polls open at an early voting center or any other polling place:
(a) deliver the official register to each polling place; and
(b) provide verification of the official register's accuracy and completeness.
(3) This section does not prohibit a county clerk from updating an official register as necessary.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 2 - Administration in General › Section 206 - Change of precinct boundaries -- Revising list.

Effective 5/12/2020
20A-5-206.
Change of precinct boundaries -- Revising list.
(1) Whenever the boundaries of any voting precinct are changed, or a new voting precinct is created, the county clerk shall ensure that the names of all voters residing within the territory affected by the change are updated in the official register.
(2) Any registered voter whose name has been erroneously updated in the official register, or erroneously not updated in the official register, may vote in the voting precinct in which the voter resides if the voter uses a provisional ballot.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 2 - Administration in General › Section 207 - Donated funding prohibited.

Effective 5/4/2022
20A-5-207.
Donated funding prohibited.
An election officer may not solicit, accept, or use any funds for an election if those funds are donated by any person other than a government entity.
Enacted by Chapter 156, 2022 General Session
Enacted by Chapter 299, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 3 - Duties of the County and Municipal Legislative Bodies › Section 301 - Combined voting precincts -- Municipalities.

Effective 5/10/2016
20A-5-301.
Combined voting precincts -- Municipalities.
(1)
(a) The municipal legislative body of a city of the first or second class may combine up to four regular county voting precincts into one municipal voting precinct for purposes of a municipal election if they designate the location and address of each of those combined voting precincts.
(b) The polling place shall be within the combined voting precinct or within 1/2 mile of the boundaries of the voting precinct.
(2)
(a) The municipal legislative body of a city of the third, fourth, or fifth class, a town, or a metro township may combine two or more regular county voting precincts into one municipal voting precinct for purposes of an election if it designates the location and address of that combined voting precinct.
(b) If only two precincts are combined, the polling place shall be within the combined precinct or within 1/2 mile of the boundaries of the combined voting precinct.
(c) If more than two precincts are combined, the polling place should be as near as practical to the middle of the combined precinct.
Amended by Chapter 176, 2016 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 400.1 - Contracting with an election officer to conduct elections -- Fees -- Contracts and interlocal agreements -- Private providers.

Effective 3/16/2021
20A-5-400.1.
Contracting with an election officer to conduct elections -- Fees -- Contracts and interlocal agreements -- Private providers.
(1)
(a) In accordance with this section, a local political subdivision may enter into a contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer to conduct an election.
(b) If the boundaries of a local political subdivision holding the election extend beyond a single local political subdivision, the local political subdivision may have more than one provider election officer conduct an election.
(c) Upon approval by the lieutenant governor, a municipality may enter into a contract or agreement under Subsection (1)(a) with any local political subdivision in the state, regardless of whether the municipality is located in, next to, or near, the local political subdivision, to conduct an election during which the municipality is participating in the Municipal Alternate Voting Methods Pilot Project.
(d) If a municipality enters into a contract or agreement, under Subsection (1)(c), with a local political subdivision other than a county within which the municipality exists, the municipality, the local political subdivision, and the county within which the municipality exists shall enter into a cooperative agreement to ensure the proper functioning of the election.
(2) A provider election officer shall conduct an election:
(a) under the direction of the contracting election officer; and
(b) in accordance with a contract or interlocal agreement.
(3) A provider election officer shall establish fees for conducting an election for a contracting election officer that:
(a) are consistent with the contract or interlocal agreement; and
(b) do not exceed the actual costs incurred by the provider election officer.
(4) The contract or interlocal agreement under this section may specify that a contracting election officer request, within a specified number of days before the election, that the provider election officer conduct the election to allow adequate preparations by the provider election officer.
(5) An election officer conducting an election may appoint or employ an agent or professional service to assist in conducting the election.
Amended by Chapter 101, 2021 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 401 - Official register -- Preparation -- Contents.

Effective 2/27/2023
20A-5-401.
Official register -- Preparation -- Contents.
(1)
(a) Before the registration days for each regular general, municipal general, regular primary, municipal primary, or presidential primary election, each county clerk shall prepare an official register of all voters that will participate in the election.
(b) The county clerk shall ensure that the official register is prepared and contains the following for each registered voter:
(i) name;
(ii) party affiliation;
(iii) an entry field for a voter challenge, including the name of the individual making the challenge and the grounds for the challenge;
(iv) election name and date;
(v) date of birth;
(vi) place of current residence;
(vii) street address of current residence;
(viii) zip code;
(ix) identification and provisional ballot information as required under Subsection (1)(d); and
(x) space for the voter to sign the voter's name for the election.
(c) When preparing the official register for the presidential primary election, the county clerk shall include:
(i) an entry field to record the name of the political party whose ballot the voter voted; and
(ii) an entry field for the poll worker to record changes in the voter's party affiliation.
(d) When preparing the official register for any regular general election, municipal general election, statewide special election, local special election, regular primary election, municipal primary election, special district election, or election for federal office, the county clerk shall include:
(i) an entry field for the poll worker to record the type of identification provided by the voter;
(ii) a space for the poll worker to record the provisional envelope ballot number for voters who receive a provisional ballot; and
(iii) a space for the poll worker to record the type of identification that was provided by voters who receive a provisional ballot.
(2)
(a)
(i) For regular and municipal elections, primary elections, regular municipal elections, special district elections, and bond elections, the county clerk shall make an official register only for voting precincts affected by the primary, municipal, special district, or bond election.
(ii) If a polling place to be used in a bond election serves both voters residing in the local political subdivision calling the bond election and voters residing outside of that local political subdivision, the official register shall designate whether each voter resides in or outside of the local political subdivision.
(iii) Each county clerk, with the assistance of the clerk of each affected special district, shall provide a detailed map or an indication on the registration list or other means to enable a poll worker to determine the voters entitled to vote at an election of special district officers.
(b) Municipalities shall pay the costs of making the official register for municipal elections.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 404 - Election forms -- Preparation and contents.

Effective 5/12/2020
20A-5-404.
Election forms -- Preparation and contents.
(1)
(a) For each election, the election officer shall prepare, for each polling place:
(i) forms for poll workers to record and verify security seals, ballots cast, and the number of voters who voted; and
(ii) an official register or pollbook.
(b) For each election, the election officer shall:
(i) provide a copy of each form to each of those precincts using paper ballots; and
(ii) provide a copy of the ballot disposition form and a pollbook to each of those voting precincts using an automated voting system.
(2) The election officer shall ensure that the forms described in Subsection (1)(a)(i) include:
(a) a space for the judges to identify:
(i) the number of ballots voted;
(ii) the number of registered voters listed in the official register or pollbook; and
(iii) the total number of voters voting according to the official register or pollbook; and
(b) a certification, in substantially the following form:
"We, the undersigned, judges of an election held at ______ voting precinct, in _______ County, state of Utah, on __________(month\day\year), having first been sworn according to law, certify that the information in this form is a true statement of the number and names of the individuals voting in the voting precinct at the election, and that the total number of individuals voting at the election was ____.
_____________________________
_____________________________
_____________________________
Judges of Election".
(3) The election officer shall ensure that the official register or pollbook:
(a) identifies the voting precinct number on the face of the official register or pollbook; and
(b) contains:
(i) a section to record individuals voting on election day; and
(ii) a section in which to record voters who are challenged.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 406 - Delivery of ballots.

Effective 3/3/2022
20A-5-406.
Delivery of ballots.
(1) An election officer shall deliver manual ballots to the poll workers of each voting precinct in the election officer's jurisdiction in an amount sufficient to meet voting needs during the voting period.
(2) For mechanical ballots, an election officer shall:
(a) deliver the voting devices and mechanical ballots before voting commences at the polling place;
(b) ensure that the voting devices, equipment, and mechanical ballots are properly secured before commencement of voting;
(c) when mechanical ballots or voting devices containing mechanical ballots are delivered to a polling place, ensure that security procedures, developed by the election officer, are followed to document chain of custody and to prevent unauthorized access; and
(d) repair or provide substitute voting devices, equipment, or electronic ballots, if available, if any poll worker reports that:
(i) the voting devices or equipment were not delivered on time;
(ii) the voting devices or equipment do not contain the appropriate electronic ballot information;
(iii) the safety devices on the voting devices, equipment, or electronic ballots appear to have been tampered with;
(iv) the voting devices or equipment do not appear to be functioning properly; or
(v) after delivery, the voting devices, equipment, or electronic ballots were destroyed or stolen.
Amended by Chapter 18, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 407 - Election officer to provide ballot boxes.

Effective 2/27/2023
20A-5-407.
Election officer to provide ballot boxes.
(1) Except as provided in Subsection (3), an election officer shall:
(a) provide one ballot box with a lock and key for each polling place; and
(b) deliver the ballot boxes, locks, and keys to the polling place before the polls open.
(2) An election officer for a municipality or special district may obtain ballot boxes from the county clerk's office.
(3) If locks and keys are unavailable, the election officer shall ensure that the ballot box lid is secured by tape.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 408 - Disposition of election returns.

Effective 5/12/2020
20A-5-408.
Disposition of election returns.
(1) Each election officer shall produce the packages containing the election returns before the board of canvassers.
(2) As soon as the returns are canvassed, the election officer shall file the election returns and papers produced before the board as required by Section 20A-4-202.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 409 - Certification of candidates to county clerks.

20A-5-409.
Certification of candidates to county clerks.
No later than August 31 of each regular general election year, the lieutenant governor shall certify to each county clerk the name of each candidate qualified to be printed on the regular general election ballot for that county clerk's county.
Amended by Chapter 327, 2011 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 4 - Election Officer's Duties › Section 410 - Election officer to provide voting history information and status.

Effective 5/4/2022
20A-5-410.
Election officer to provide voting history information and status.
(1) As used in this section, "voting history record" means the information about the existence and status of absentee ballot requests required by this section.
(2)
(a) Each election officer shall maintain, in the election officer's office, a voting history record of those voters registered to vote in the election officer's jurisdiction.
(b) Except as it relates to a voter whose voter registration record is classified as private under Subsection 63G-2-302(1)(k), the voting history record is a public record under Title 63G, Chapter 2, Government Records Access and Management Act.
(3)
(a) When an election officer reports voting history for an election, the election officer shall, for each voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), report the following, for that election only, without disclosing the identity of the voter:
(i) for voting by mail, the information described in Subsection (4)(a);
(ii) for early voting, the date the individual voted; and
(iii) for voting on election day, the date the individual voted.
(b) In relation to the information of a voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), a report described in Subsection (3)(a) may not disclose, by itself or in conjunction with any other public information, the identity or any other personal identifying information of the voter.
(4) The election officer shall ensure that the voting history record for each voting precinct contains:
(a) for voting by mail:
(i) the date that the manual ballot was mailed to the voter; and
(ii) the date that the voted manual ballot was received by the election officer;
(b) for early voting:
(i) the name and address of each individual who participated in early voting; and
(ii) the date the individual voted; and
(c) for voting on election day, the name and address of each individual who voted on election day.
(5)
(a) Notwithstanding the time limits for response to a request for records under Section 63G-2-204 or the time limits for a request for records established in any ordinance, the election officer shall ensure that the information required by this section is recorded and made available to the public no later than one business day after its receipt in the election officer's office.
(b) Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements established in any ordinance, the election officer shall make copies of the voting history record available to the public for the actual cost of production or copying.
Amended by Chapter 248, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 6 - Poll Workers › Section 602 - Appointment of poll workers in elections where candidates are not distinguished by registered political parties.

Effective 2/27/2023
20A-5-602.
Appointment of poll workers in elections where candidates are not distinguished by registered political parties.
(1)
(a) This section governs appointment of poll workers in elections where candidates are not distinguished by registered political parties.
(b) An election officer shall appoint the poll worker at least 15 days before the date of the local election.
(2)
(a) The election officer shall appoint, or provide for the appointment of, at least three poll workers as follows:
(i) three registered voters; or
(ii) two registered voters, one of whom is at least 21 years old, and one individual who is 16 or 17 years old.
(b) The election officer may appoint additional poll workers to serve in the polling place as needed.
(3) The election officer may not appoint any candidate's parent, sibling, spouse, child, mother-in-law, father-in-law, sister-in-law, brother-in-law, daughter-in-law, or son-in-law to serve as a poll worker at a polling place where the candidate appears on the ballot.
(4)
(a) The clerk shall compensate poll workers for their services.
(b) The clerk of a municipality or special district may not compensate poll workers at a rate higher than that paid by the county to the county's poll workers.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 6 - Poll Workers › Section 603 - Vacancies -- Removal of poll workers.

Effective 5/12/2020
20A-5-603.
Vacancies -- Removal of poll workers.
(1)
(a) If a poll worker or alternate is unable to serve, that poll worker or alternate shall immediately notify the election officer, who shall fill the vacancy as provided in this section.
(b) The election officer may fill a vacancy occurring under this section by appointing the alternate to serve or, if that is impossible, by appointing some other qualified person to fill the vacancy.
(2) The election officer shall summarily remove any poll worker who:
(a) neglects the poll worker's duty;
(b) commits or encourages fraud in connection with any election;
(c) violates any election law;
(d) knowingly permits any person to violate any election law;
(e) has been convicted of a felony;
(f) commits any act that interferes or tends to interfere with a fair and honest election; or
(g) is incapable of performing the duties of a poll worker.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 6 - Poll Workers › Section 606 - Closing the polls -- Preparation and delivery of election returns.

20A-5-606.
Closing the polls -- Preparation and delivery of election returns.
The election judges shall close the polls and prepare and deliver the election returns as provided in Chapter 4, Election Returns and Election Contests.
Amended by Chapter 2, 1994 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 7 - Offenses Involving Election Administration › Section 701 - Willful neglect of duty or corrupt conduct -- Penalty.

Effective 5/3/2023
20A-5-701.
Willful neglect of duty or corrupt conduct -- Penalty.
(1) It is unlawful for an election officer or poll worker to willfully neglect the election officer's or poll worker's duty or to willfully act corruptly in discharging the election officer's or poll worker's duty.
(2) An election officer or poll worker who violates this section is guilty of a third degree felony.
Amended by Chapter 106, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 7 - Offenses Involving Election Administration › Section 702 - Destroying or concealing ballots.

20A-5-702.
Destroying or concealing ballots.
(1) It is unlawful for any person, or officer having charge of official ballots, to destroy, suppress, or conceal them, except authorized by this title.
(2) Any person who violates this section is guilty of a third degree felony.
Amended by Chapter 253, 2013 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 7 - Offenses Involving Election Administration › Section 703 - Neglect or refusal to deliver ballots or returns.

20A-5-703.
Neglect or refusal to deliver ballots or returns.
(1) It is unlawful for any person or officer who has undertaken to deliver official ballots or election returns to any voting precinct or to any poll worker or election officer to neglect, refuse, or fail to do so.
(2) Any person who violates this subsection is guilty of a class A misdemeanor and shall be imprisoned for not less than six months, and fined not less than $250.
Amended by Chapter 75, 2007 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 7 - Offenses Involving Election Administration › Section 705 - Officer or watcher revealing vote.

20A-5-705.
Officer or watcher revealing vote.
(1) It is unlawful for any election official or watcher to reveal to any other person the name of any candidate for whom a voter has voted, or to communicate to another the election official's or watcher's opinion, belief, or impression as to how or for whom a voter has voted.
(2) A person who violates this section is guilty of a class A misdemeanor.
Amended by Chapter 253, 2013 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 7 - Offenses Involving Election Administration › Section 706 - Damage, alteration, or theft of election equipment -- Penalty.

20A-5-706.
Damage, alteration, or theft of election equipment -- Penalty.
(1) It is unlawful for any person to intentionally or knowingly damage, modify, steal, tamper with, or destroy a voting device, voting equipment, or an automated voting system.
(2) Any person who violates this section is guilty of a third degree felony.
Enacted by Chapter 326, 2006 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 8 - Voting Equipment Selection and Certification › Section 801 - Definitions.

Effective 5/12/2020
20A-5-801.
Definitions.
As used in this part:
(1) "New voting equipment system" means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced.
(2) "Voting equipment" means the following equipment used for an election:
(a) automatic tabulating equipment;
(b) a voting device; or
(c) a voting machine.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 8 - Voting Equipment Selection and Certification › Section 802 - Certification of voting equipment.

Effective 3/26/2019
20A-5-802.
Certification of voting equipment.
(1) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall:
(a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment's functions accurately;
(b) develop and implement a procedure to protect the physical security of the voting equipment; and
(c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.
(2)
(a) Except as provided in Subsection (2)(b)(ii):
(i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that:
(A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and
(B) meet the requirements of Subsection (2)(a)(ii);
(ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system:
(A) is accurate and reliable;
(B) possesses established and maintained access controls;
(C) has not been fraudulently manipulated or tampered with;
(D) is able to identify fraudulent or erroneous changes to the voting equipment; and
(E) protects the secrecy of a voter's ballot; and
(iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by:
(A) the United States Election Assistance Commission; or
(B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.
(b)
(i) Voting equipment used in the state may include technology that allows for ranked-choice voting.
(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.
Amended by Chapter 305, 2019 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 8 - Voting Equipment Selection and Certification › Section 803 - Voting Equipment Selection Committee.

Effective 7/1/2023
20A-5-803.
Voting Equipment Selection Committee.
(1) Before selecting or purchasing a new voting equipment system, the lieutenant governor shall:
(a) appoint a Voting Equipment Selection Committee; and
(b) ensure that the committee includes persons having experience in:
(i) election procedures and administration;
(ii) computer technology;
(iii) data security;
(iv) auditing; and
(v) access for persons with disabilities.
(2) A member may not receive compensation or benefits for the member's service, but may receive per diem and travel expenses in accordance with:
(a) Section 63A-3-106;
(b) Section 63A-3-107; and
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.
(3) The lieutenant governor shall select a chair from the committee membership.
(4) The lieutenant governor may fill any vacancies that occur on the committee.
(5) The Office of the Lieutenant Governor shall provide staffing for the committee.
(6) The Voting Equipment Selection Committee shall:
(a) evaluate new voting equipment systems proposed for purchase by the state; and
(b) provide information and recommendations to assist the lieutenant governor with the purchase of new voting equipment systems.
(7) The lieutenant governor may designate individuals, including committee members, to inspect and review proprietary software as part of an evaluation of new voting equipment systems under consideration for purchase.
(8) Before making any selection or purchase, the lieutenant governor shall provide for a period of public review and comment on new voting equipment systems under consideration for purchase by the state.
Renumbered and Amended by Chapter 32, 2017 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 9 - Election Security › Section 901 - Voter registration audit.

Effective 5/3/2023
20A-5-901.
Voter registration audit.
(1) The lieutenant governor shall, on at least an annual basis, conduct an audit of the voter registration database.
(2) The audit shall include:
(a) a random selection of at least .02% of the active registered voters statewide; and
(b) at least one active registered voter from each county.
(3) For each voter selected for the audit, the auditor shall:
(a) verify that the voter is eligible for registration;
(b) verify that the voter's registration information is accurate and supported by the documentation on file;
(c) verify that there is a signature on file for the voter;
(d) check for duplicate voter registrations; and
(e) search available resources to determine whether the voter is deceased.
(4) The audit report shall identify areas of concern or training needed in response to the audit findings.
(5) The lieutenant governor shall:
(a) share the audit results with the county clerks and verify that the county clerks address the concerns and fulfill the training identified under Subsection (4); and
(b) beginning in 2023, report biennially to the Government Operations Interim Committee on the results of the audits conducted under this section.
Amended by Chapter 45, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 9 - Election Security › Section 902 - Security of election equipment.

Effective 5/4/2022
20A-5-902.
Security of election equipment.
(1) Except when divesting election equipment as surplus property or providing for maintenance, an election officer may not permit an individual, other than an election official, access to election equipment.
(2) An election officer shall keep a record of service work done on voting equipment, including:
(a) a designation of the specific equipment serviced;
(b) the date of service;
(c) the names of all individuals who perform or supervise the service;
(d) the name of each vendor that performs the service; and
(e) a description of the service performed.
Enacted by Chapter 156, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 9 - Election Security › Section 903 - Cyber security.

Effective 5/4/2022
20A-5-903.
Cyber security.
(1) An election officer shall ensure that the following election equipment is never connected to the Internet:
(a) tabulation servers;
(b) tabulation equipment;
(c) ballot scanners, including central, precinct, and mobile scanners; and
(d) ballot marking devices.
(2) This section does not prohibit Internet connection of equipment used for voting if the equipment's use of voting is solely for the purpose of:
(a) complying with Title 20A, Chapter 16, Uniform Military and Overseas Voters Act; or
(b) administering the Internet Voting Pilot Project, described in Section 20A-6-103.
Enacted by Chapter 156, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 5 - Election Administration › Part 9 - Election Security › Section 904 - Voter fraud.

Effective 5/4/2022
20A-5-904.
Voter fraud.
An election officer shall:
(1) check available resources to determine whether an individual registers to vote, or votes, in more than one state or precinct; and
(2) report the information to law enforcement or a prosecutor if the election officer has reason to believe that an individual has intentionally committed election fraud.
Enacted by Chapter 156, 2022 General Session