reglab/statecodes huggingface dataset:
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 4 - Disposition of Ballots › Section 404 - Rules regarding ballot security -- Affidavit of compliance.

Effective 5/4/2022
20A-3a-404.
Rules regarding ballot security -- Affidavit of compliance.
(1) The director of elections within the Office of the Lieutenant Governor shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for election officials regarding ballot security, including the custody, documentation of custody, handling, processing, disposition, and tabulation of ballots.
(2) Beginning in November 2022, an election officer shall include, with all election returns provided to a board of canvassers, an affidavit, signed by the election officer, certifying:
(a) compliance with the rules described in Subsection (1); and
(b) that the county clerk maintains the voter registration database in accordance with federal and state laws and rules.
Enacted by Chapter 156, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 4 - Disposition of Ballots › Section 405 - Ballot statistics.

Effective 5/3/2023
20A-3a-405.
Ballot statistics.
(1) Except as provided in Subsection (5)(a), an election officer shall post and update the data described in Subsection (2) on the election officer's website, on the following days, after the election officer finishes processing ballots on that day:
(a) the day on which the election officer begins mailing ballots;
(b) each Monday, Wednesday, and Friday after the day described in Subsection (1)(a), until the final posting described in Subsection (1)(c); and
(c) the Wednesday after the day of the election.
(2) The data that an election officer is required to post under Subsection (1) includes:
(a) the number of ballots in the county clerk's possession; and
(b) of the number of ballots described in Subsection (2)(a):
(i) the number of ballots that have not yet begun processing;
(ii) the number of ballots in process; and
(iii) the number of ballots processed.
(3) Except as provided in Subsection (5)(b), an election officer shall post and update the data described in Subsection (4) on the election officer's website on the following days:
(a) the Friday after the day of the election;
(b) each Monday, Wednesday, and Friday after the day described in Subsection (3)(a), until the final posting described in Subsection (3)(c); and
(c) on the last day of the canvass.
(4) The data that an election officer is required to post under Subsection (3) includes:
(a) a best estimate of the number of ballots received, to date, by the election officer;
(b) the number of ballots in possession of the election officer that have been rejected and are not yet cured;
(c) the number of provisional ballots in the possession of the election officer that have not been processed;
(d) the number of ballots that need to be adjudicated, but have not yet been adjudicated;
(e) the number of ballots awaiting replication; and
(f) the number of ballots that have been replicated.
(5)
(a) An election officer is not required to update the data described in Subsection (2) on a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
(b) An election officer is not required to update the data described in Subsection (4) on a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
Amended by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 501 - Prohibited conduct at polling place -- Other prohibited activities.

Effective 2/27/2023
20A-3a-501.
Prohibited conduct at polling place -- Other prohibited activities.
(1) As used in this section:
(a) "electioneering" includes any oral, printed, or written attempt to persuade persons to refrain from voting or to vote for or vote against any candidate or issue; and
(b) "polling place" means the physical place where ballots are cast and includes the physical place where a ballot drop box is located.
(2)
(a) An individual may not, within a polling place or in any public area within 150 feet of the building where a polling place is located:
(i) do any electioneering;
(ii) circulate cards or handbills of any kind;
(iii) solicit signatures to any kind of petition; or
(iv) engage in any practice that interferes with the freedom of voters to vote or disrupts the administration of the polling place.
(b) A county, municipality, school district, or special district may not prohibit electioneering that occurs more than 150 feet from the building where a polling place is located, but may regulate the place and manner of that electioneering to protect the public safety.
(3)
(a) An individual may not obstruct the doors or entries to a building in which a polling place is located or prevent free access to and from any polling place.
(b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the obstruction of the entrance to a polling place and may arrest an individual creating an obstruction.
(4) An individual may not solicit any voter to show the voter's ballot.
(5)
(a) An individual may not knowingly possess or control another individual's voted manual ballot, unless:
(i) the individual is an election official or postal worker acting in the capacity of an election official or postal worker;
(ii) the individual possesses or controls the voted ballot in accordance with Section 20A-3a-301, relating to emergency ballots;
(iii) the possession or control is authorized in order to deliver a military-overseas ballot in accordance with Chapter 16, Uniform Military and Overseas Voters Act;
(iv) subject to Section 20A-3a-208, the individual is authorized by a voter to possess or control the voter's voted ballot if the voter needs assistance delivering the ballot due to the voter's age, illness, or disability; or
(v) the individual resides in the same household as the voter.
(b) A violation of Subsection (5)(a) does not invalidate the ballot.
(6) An individual who violates any provision of this section is, in addition to the penalties described in Subsections 20A-1-609(2) and (3), guilty of a class A misdemeanor.
(7) A political subdivision may not prohibit political signs that are located more than 150 feet away from a polling place, but may regulate their placement to protect public safety.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 502 - Intimidation -- Undue influence.

Effective 5/12/2020
20A-3a-502.
Intimidation -- Undue influence.
(1) It is unlawful for a person to induce or compel an individual to vote or refrain from voting at an election provided by law or to vote or refrain from voting for a particular individual or measure at an election provided by law, directly or indirectly, by:
(a) using force, violence, or restraint;
(b) inflicting or threatening to inflict injury, damage, harm, or loss; or
(c) by intimidation.
(2) It is unlawful for a person to, by abduction, force, or fraud, impede, prevent, or otherwise interfere with the free exercise of the elective franchise of any voter, either in voting at any election provided by law or voting or refraining from voting for a particular individual or measure at an election provided by law.
(3) It is unlawful for a person to:
(a) enclose in the salary or wage envelopes of an employee of the person, political mottoes, devices, or arguments containing threats, express or implied, intended or calculated to influence the political opinion, views, or action of the employee; or
(b) within 90 days before the day of an election provided by law, post or otherwise exhibit, in a location where the person's employees may be working or may be present in the course of employment, any handbill, notice, or placard containing any threat, notice, or information, that if any particular ticket or candidate is or is not elected:
(i) work performed by the person's employees will cease in whole or in part;
(ii) the workplace will close;
(iii) wages of workforce will be reduced; or
(iv) other adverse consequences, under the control of the person, will result.
(4) Violation of this section is a class B misdemeanor.
Enacted by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 503 - Influencing employee's vote.

Effective 5/12/2020
20A-3a-503.
Influencing employee's vote.
(1) It is unlawful for any corporation, or any officer or agent of any corporation, to influence, or attempt to influence, induce, or compel by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment or promoting in employment, or by intimidation, or in any manner whatever, any employee to vote or refrain from voting at any election provided by law, or to vote or refrain from voting for any particular person or measure at that election.
(2)
(a) Any corporation or any officer or agent of that corporation who violates any of the provisions of this section is guilty of a class B misdemeanor.
(b) Any corporation violating any of the provisions of this section shall forfeit its charter and right to do business in this state in addition to any other penalties imposed by law.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 504 - Violations -- Penalties.

Effective 5/12/2020
20A-3a-504.
Violations -- Penalties.
(1) Except as provided in Subsection (3) or Section 20A-3a-208, an individual is guilty of a class C misdemeanor if the individual:
(a) allows the individual's ballot to be seen by another with the intent to reveal how the individual is about to vote;
(b) states falsely that the individual is unable to mark the individual's ballot;
(c) interferes or attempts to interfere with any individual who is inside the voting booth or who is marking a ballot;
(d) induces or attempts to induce any voter who is inside a voting booth or who is marking a ballot to vote to show how the voter marked the voter's ballot; or
(e) takes a photograph of a ballot, other than the individual's own ballot, at a polling place.
(2) The election judges and clerks shall report any individual who violates this section to the county attorney or district attorney having state criminal jurisdiction for prosecution.
(3) Subsection (1) does not prohibit an individual from transferring a photograph of the individual's own ballot in a manner that allows the photograph to be viewed by the individual or another.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 505 - False impersonation -- Double voting.

Effective 5/12/2020
20A-3a-505.
False impersonation -- Double voting.
(1)
(a) An individual may not:
(i) apply for a ballot in the name of another individual, regardless of whether the other individual is living or dead, or is a fictitious person;
(ii) after having voted once at an election, apply again at the same election for a ballot in the individual's own name or any other name; or
(iii) sign the affidavit on a return envelope for another individual.
(b) An individual who violates Subsection (1)(a) is guilty of a third degree felony.
(2)
(a) An individual may not aid, assist, counsel, or procure another individual to commit the felony described in Subsection (1)(a).
(b) An individual who violates Subsection (2)(a) is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 5 - Voting Offenses › Section 506 - False information on provisional ballot envelope.

Effective 5/12/2020
20A-3a-506.
False information on provisional ballot envelope.
(1) An individual may not wilfully falsify information on a provisional ballot envelope.
(2) An individual who violates this section is guilty of a class B misdemeanor.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 6 - Early Voting › Section 601 - Early voting.

Effective 5/12/2020
20A-3a-601.
Early voting.
(1) Except as provided in Section 20A-7-609.5:
(a) an individual who is registered to vote may vote at a polling place before the election date in accordance with this section; and
(b) except as provided in Subsection 20A-2-207(6), an individual who is not registered to vote may register to vote and vote at a polling place before the election date in accordance with this section if the individual:
(i) is otherwise legally entitled to vote the ballot; and
(ii) casts a provisional ballot in accordance with Section 20A-2-207.
(2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period:
(a) begins on the date that is 14 days before the date of the election; and
(b) continues through the Friday before the election if the election date is a Tuesday.
(3)
(a) An election officer may extend the end of the early voting period to the day before the election date if the election officer provides notice of the extension in accordance with Section 20A-3a-604.
(b) For a municipal election, the municipal clerk may reduce the early voting period described in this section if:
(i) the municipal clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days before the date of the election and ending on the day before the election; and
(iii) the municipal clerk provides notice of the reduced early voting period in accordance with Section 20A-3a-604.
(c) For a county election, the county clerk may reduce the early voting period described in this section if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance with Section 20A-3a-604.
(4) Except as provided in Section 20A-1-308, during the early voting period, the election officer:
(a) for a local special election, a municipal primary election, and a municipal general election:
(i) shall conduct early voting on a minimum of four days during each week of the early voting period; and
(ii) shall conduct early voting on the last day of the early voting period; and
(b) for all other elections:
(i) shall conduct early voting on each weekday; and
(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308, early voting shall be administered in accordance with the requirements of this title.
Renumbered and Amended by Chapter 31, 2020 General Session
Amended by Chapter 95, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 6 - Early Voting › Section 602 - Hours for early voting.

Effective 5/12/2020
20A-3a-602.
Hours for early voting.
(1) Except as provided in Section 20A-1-308, the election officer shall determine the times for opening and closing the polls for each day of early voting provided that voting is open for a minimum of four hours during each day that polls are open during the early voting period.
(2) Except as provided in Section 20A-1-308, each registered voter who arrives at the polls before the time scheduled for closing of the polls shall be allowed to vote.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 6 - Early Voting › Section 603 - Early voting polling places.

Effective 5/12/2020
20A-3a-603.
Early voting polling places.
(1) Except as provided in Section 20A-1-308 or 20A-7-609.5, the election officer shall designate one or more polling places for early voting, as follows:
(a) at least one polling place shall be open on each day that polls are open during the early voting period;
(b) each polling place shall comply with the requirements for polling places under Chapter 5, Election Administration;
(c) for all elections other than local special elections, municipal primary elections, and municipal general elections, at least 10% of the voting devices at a polling place shall be accessible for individuals with disabilities in accordance with Public Law 107-252, the Help America Vote Act of 2002; and
(d) each polling place shall be located in a government building or office, unless the election officer determines that, in the area designated by the election officer, there is no government building or office available that:
(i) can be scheduled for use during early voting hours;
(ii) has the physical facilities necessary to accommodate early voting requirements;
(iii) has adequate space for voting equipment, poll workers, and voters; and
(iv) has adequate security, public accessibility, and parking.
(2)
(a) Except as provided in Section 20A-1-308, the election officer may, after the deadline described in Section 20A-3a-604:
(i) if necessary, change the location of an early voting place; or
(ii) if the election officer determines that the number of early voting polling places is insufficient due to the number of registered voters who are voting, designate additional polling places during the early voting period.
(b) Except as provided in Section 20A-1-308, if an election officer changes the location of an early voting polling place or designates an additional early voting polling place, the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and location of the changed early voting polling place or the additional early voting polling place:
(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) for a change in the location of an early voting polling place, at the new location and, if possible, the old location; and
(B) for an additional early voting polling place, at the additional early voting polling place.
(3) Except as provided in Section 20A-1-308, for each regular general election and regular primary election, counties of the first class shall ensure that the early voting polling places are approximately proportionately distributed based on population within the county.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 6 - Early Voting › Section 604 - Notice of time and place of early voting.

Effective 5/3/2023
20A-3a-604.
Notice of time and place of early voting.
(1) Except as provided in Section 20A-1-308 or Subsection 20A-3a-603(2), the election officer shall, for at least 28 days before the date of the election, provide notice of the dates, times, and locations of early voting by publishing notice for the county, as a class A notice under Section 63G-30-102.
(2) Instead of specifying all dates, times, and locations of early voting, a notice required under Subsection (1) may specify the following sources where a voter may view or obtain a copy of all dates, times, and locations of early voting:
(a) the county's website;
(b) the physical address of the county's offices; and
(c) a mailing address and telephone number.
(3) The election officer shall include in the notice described in Subsection (1):
(a) the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer's website, with a statement indicating that the election officer will post on the website the location of each early voting polling place, including any changes to the location of an early voting polling place and the location of additional early voting polling places; and
(b) a phone number that a voter may call to obtain information regarding the location of an early voting polling place.
Amended by Chapter 45, 2023 General Session
Amended by Chapter 435, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 6 - Early Voting › Section 605 - Exemptions from early voting.

Effective 2/27/2023
20A-3a-605.
Exemptions from early voting.
(1)
(a) This part does not apply to an election of a board member of a special district.
(b) Notwithstanding Subsection (1)(a), a special district may, in the special district's discretion, provide early voting in accordance with this part for election of a board member.
(2) Notwithstanding the requirements of Section 20A-3a-601, a municipality of the fifth class or a town as described in Section 10-2-301 may provide early voting as provided under this part for:
(a) a municipal primary election; or
(b) a municipal general election.
(3) A municipality is not required to conduct early voting for the election.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 7 - Election Day Voting Center › Section 701 - Definitions.

Effective 5/12/2020
20A-3a-701.
Definitions.
As used in this part:
(1) "Election day voting center" means a polling place designated by an election officer to provide for voting on election day for an individual who:
(a) is eligible to vote; and
(b) resides within the political subdivision holding the election.
(2) "Voting center ballot" means a regular ballot that:
(a) is provided at an election day voting center; and
(b) may be retrieved by the election official during the canvass if the voter cast a ballot at another location or before election day.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 7 - Election Day Voting Center › Section 702 - Election day voting center -- Hours of operation -- Compliance with Election Code.

Effective 5/12/2020
20A-3a-702.
Election day voting center -- Hours of operation -- Compliance with Election Code.
(1) Except as provided in Section 20A-7-609.5, an election officer may operate an election day voting center in one or more locations designated under Section 20A-3a-703.
(2) An election officer shall provide for voting at an election day voting center by:
(a) regular ballot if:
(i)
(A) the election day voting center is designated under Section 20A-5-403 as the polling place for the voting precinct in which the voter resides; and
(B) the voter is eligible to vote a regular ballot at the election day voting center in accordance with this title; or
(ii)
(A) the voter resides within the political subdivision holding the election;
(B) the voter is otherwise eligible to vote a regular ballot in accordance with this title; and
(C) the jurisdiction holding the election uses a method that confirms that the voter has not voted previously in the election;
(b) voting center ballot if:
(i) the election day voting center is not designated under Section 20A-5-403 as the polling place for the voting precinct in which the voter resides;
(ii) the voter resides within the political subdivision holding the election; and
(iii) the voter is otherwise eligible to vote a regular ballot in accordance with this title; or
(c) provisional ballot if the voter is only eligible to vote using a provisional ballot in accordance with this title.
(3) An election officer shall ensure that an election day voting center:
(a) is open on election day during the time period specified under Section 20A-1-302;
(b) allows an eligible voter to vote if the voter:
(i) resides within the political subdivision holding an election; and
(ii) arrives at the election day voting center by the designated closing time in accordance with Section 20A-1-302; and
(c) is administered according to the requirements of this title.
(4) An individual may submit a completed manual ballot at an election day voting center for the political subdivision in which the individual resides.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 7 - Election Day Voting Center › Section 703 - Election day voting centers as polling places -- Location -- Notification.

Effective 5/12/2020
20A-3a-703.
Election day voting centers as polling places -- Location -- Notification.
(1) The election officer may designate one or more polling places as an election day voting center if:
(a) except as provided in Subsection (2), the election officer notifies the lieutenant governor of the designation and location of the election day voting center at least 15 days before the election;
(b) the polling place meets the requirements for a polling place under Chapter 5, Election Administration; and
(c) the polling place is located in a government building or office, unless the election officer determines that there is no government building or office available, in the area designated by the election officer, that:
(i) can be scheduled for use during election day voting hours;
(ii) has the physical facilities necessary to accommodate election day voting requirements;
(iii) has adequate space for voting equipment, poll workers, and voters; and
(iv) has adequate security, public accessibility, and parking.
(2)
(a) The election officer may, after the deadline described in Subsection (1)(a):
(i) if necessary, change the location of an election day voting center; or
(ii) if the election officer determines that the number of election day voting centers is insufficient due to the number of registered voters who are voting, designate additional election day voting centers.
(b) Except as provided in Section 20A-1-308, if an election officer changes the location of an election day voting center or designates an additional election day voting center, the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and location of the changed election day voting center or the additional election day voting center:
(i) to the lieutenant governor, for posting on the Statewide Electronic Voter Information Website;
(ii) by posting the information on the website of the election officer, if available; and
(iii) by posting notice:
(A) of a change in the location of an election day voting center, at the new location and, if possible, the old location; and
(B) of an additional election day voting center, at the additional election day voting center.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 8 - Watchers › Section 802 - Definitions.

Effective 5/12/2020
20A-3a-802.
Definitions.
As used in this part:
(1) "Challenged voter" means an individual whose right to vote is challenged as provided in this part.
(2) "Filer" means an individual who files a written statement challenging another individual's right to vote as provided in Section 20A-3a-804.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 8 - Watchers › Section 803 - Challenges to a voter's eligibility -- Basis for challenge -- Procedures.

Effective 5/12/2020
20A-3a-803.
Challenges to a voter's eligibility -- Basis for challenge -- Procedures.
(1) An individual may challenge another individual's eligibility to vote on any of the following grounds:
(a) the individual is not the individual in whose name the individual tries to vote;
(b) the individual is not a resident of Utah;
(c) the individual is not a citizen of the United States;
(d) the individual has not or will not have resided in Utah for 30 days immediately before the date of the election;
(e) the individual's principal place of residence is not in the voting precinct that the individual claims;
(f) the individual's principal place of residence is not in the geographic boundaries of the election area;
(g) the individual has already voted in the election;
(h) the individual is not at least the minimum age required to vote in the election;
(i) the individual has been convicted of a misdemeanor for an offense under this title and the individual's right to vote in an election has not been restored under Section 20A-2-101.3;
(j) the individual is a convicted felon and the voter's right to vote in an election has not been restored under Section 20A-2-101.5; or
(k) in a regular primary election or presidential primary election, the individual does not meet the political party affiliation requirements for the ballot the individual seeks to vote.
(2) An individual who challenges another individual's right to vote in an election shall make the challenge in accordance with:
(a) Section 20A-3a-804, for a challenge that is not made in person at the time an individual votes; or
(b) Section 20A-3a-805, for challenges made in person at the time an individual votes.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 8 - Watchers › Section 805 - Challenges to a voter's eligibility at polling place -- Procedure.

Effective 5/12/2020
20A-3a-805.
Challenges to a voter's eligibility at polling place -- Procedure.
(1)
(a) A poll worker, a watcher, or an individual who resides in the jurisdiction to which the election relates may, at a polling place, challenge an individual's eligibility to vote a particular ballot or to vote in that election if:
(i) the individual making the challenge and the challenged individual are both present at the polling place at the time the challenge is made; and
(ii) the challenge is made before the challenged individual applies for a ballot.
(b) An individual may make a challenge by orally stating the challenged individual's name and the basis for the challenge, as provided under Section 20A-3a-803.
(2) The poll worker shall record a challenge in the official register or on the challenge sheets in the pollbook, including:
(a) the name of the challenged individual;
(b) the name of the individual making the challenge; and
(c) the basis upon which the challenge is made.
(3) If an individual's eligibility to vote is challenged under this section, the poll worker shall follow the procedures and requirements of Section 20A-3a-205.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 8 - Watchers › Section 806 - Election official or watcher revealing vote.

Effective 5/12/2020
20A-3a-806.
Election official or watcher revealing vote.
(1) It is unlawful for an election official or watcher to reveal to another person the name of a candidate or ballot proposition for whom a voter has voted or to communicate to another person the election official or watcher's opinion, belief, or impression regarding for whom or what a voter has voted.
(2) A person who violates this section is guilty of a class A misdemeanor.
Renumbered and Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 3a - Voting › Part 8 - Watchers › Section 807 - Notification of ballot processes.

Effective 5/4/2022
20A-3a-807.
Notification of ballot processes.
(1) As used in this section, "ballot process" includes:
(a) signature verification;
(b) opening ballots;
(c) scanning ballots;
(d) adjudicating ballots;
(e) replicating damaged or defective ballots; or
(f) tabulating votes.
(2) A county clerk shall:
(a) beginning at least three days before the day on which the county clerk begins mailing ballots for an election, and ending on the first day of the canvass, post on the county clerk's website a schedule of the hours, over the next three days, during which the county clerk plans to conduct one or more ballot processes; and
(b) update any changes to the schedule at least 24 hours before the clerk modifies the hours.
Enacted by Chapter 380, 2022 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 1 - Counting Ballots and Tabulating Results › Section 103 - Preparing ballots cast at a polling place for the counting center.

Effective 5/12/2020
20A-4-103.
Preparing ballots cast at a polling place for the counting center.
(1) This section governs the preparation of ballots for the counting center when the ballots are cast at a polling place.
(2)
(a) As soon as the polls have been closed and the last qualified voter has voted, the poll workers shall prepare the ballots for delivery to the counting center as provided in this section.
(b) The poll workers, election officers, and other persons may not manually count any votes before delivering the ballots to the counting center.
(3) The poll workers shall:
(a) complete the statement of disposition of ballots and all other forms required by the election officer;
(b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a sealed container;
(c) place all provisional ballots in the container provided for returning provisional ballots to the counting center and seal the container; and
(d) deliver to the counting center:
(i) the items described in Subsections (3)(a) through (c); and
(ii) any other items required by the election officer.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 1 - Counting Ballots and Tabulating Results › Section 106 - Manual ballots -- Sealing.

Effective 5/3/2023
20A-4-106.
Manual ballots -- Sealing.
(1) After the official canvas of an election, the election officer shall store all election returns in containers that identify the containers' contents.
(2) After the ballots are stored under Subsection (1), the ballots may not be examined by anyone, except as follows:
(a) when examined during a recount conducted under the authority of Section 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
(b) an auditor conducting an audit described in Section 36-12-15.2 may examine the ballots:
(i) if the audit uncovers evidence that raises a substantial doubt regarding the accuracy of the results of an election, the auditor may examine the ballots until the later of:
(A) the end of the calendar year in which the election was held; or
(B) if the election is contested, when the contest is resolved; or
(ii) at any time via a subpoena or other legal process; or
(c) the lieutenant governor may examine the ballots:
(i) until the later of:
(A) the end of the calendar year in which the election was held; or
(B) if the election is contested, when the contest is resolved; or
(ii) at any time via a subpoena or other legal process.
Amended by Chapter 156, 2023 General Session
Amended by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 1 - Counting Ballots and Tabulating Results › Section 109 - Ballot reconciliation -- Rulemaking authority.

Effective 5/3/2023
20A-4-109.
Ballot reconciliation -- Rulemaking authority.
(1) In accordance with this section and rules made under Subsection (2), an election officer whose office processes ballots shall:
(a) conduct ballot reconciliations every time ballots are tabulated;
(b) conduct a final ballot reconciliation when an election officer concludes processing all ballots;
(c) document each ballot reconciliation;
(d) publicly release the results of each ballot reconciliation; and
(e) in conducting ballot reconciliations:
(i) ensure that the number of ballots received for processing, the number of ballots processed, and the number of voters given credit for voting, are equal; or
(ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and explain the differences in the numbers.
(2) 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 procedures and requirements for conducting, documenting, and publishing a ballot reconciliation.
Enacted by Chapter 297, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 2 - Transmittal and Disposition of Ballots and Election Returns › Section 201 - Delivery of election returns.

Effective 5/12/2020
20A-4-201.
Delivery of election returns.
(1) At least two poll workers shall deliver the ballots and other items described in Subsection 20A-4-103(3)(d) to:
(a) the election officer; or
(b) the location directed by the election officer.
(2)
(a) Before they adjourn, the poll workers shall choose two or more of their number to deliver the election returns to the election officer.
(b) The poll workers shall:
(i) deliver the unopened envelopes to the election officer or counting center immediately but no later than 24 hours after the polls close; or
(ii) if the polling place is 15 miles or more from the county seat, mail the election returns to the election officer by registered mail from the post office most convenient to the polling place within 24 hours after the polls close.
(3) The election officer shall pay each poll worker reasonable compensation for travel that is necessary to deliver the election returns and to return to the polling place.
(4) The requirements of this section do not prohibit transmission of the unofficial vote count to the counting center via electronic means, provided that reasonable security measures are taken to preserve the integrity and privacy of the transmission.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 3 - Canvassing Returns › Section 301 - Board of canvassers.

Effective 2/27/2023
20A-4-301.
Board of canvassers.
(1)
(a) Each county legislative body is the board of county canvassers for:
(i) the county; and
(ii) each special district whose election is conducted by the county if:
(A) the election relates to the creation of the special district;
(B) the county legislative body serves as the governing body of the special district; or
(C) there is no duly constituted governing body of the special district.
(b) The board of county canvassers shall meet to canvass the returns at the usual place of meeting of the county legislative body, at a date and time determined by the county clerk that is no sooner than seven days after the election and no later than 14 days after the election.
(c) If one or more of the county legislative body fails to attend the meeting of the board of county canvassers, the remaining members shall replace the absent member by appointing in the order named:
(i) the county treasurer;
(ii) the county assessor; or
(iii) the county sheriff.
(d) Attendance of the number of persons equal to a simple majority of the county legislative body, but not less than three persons, shall constitute a quorum for conducting the canvass.
(e) The county clerk is the clerk of the board of county canvassers.
(2)
(a) The mayor and the municipal legislative body are the board of municipal canvassers for the municipality.
(b) The board of municipal canvassers shall meet to canvass the returns at the usual place of meeting of the municipal legislative body:
(i) for canvassing of returns from a municipal general election, no sooner than seven days after the election and no later than 14 days after the election; or
(ii) for canvassing of returns from a municipal primary election, no sooner than seven days after the election and no later than 14 days after the election.
(c) Attendance of a simple majority of the municipal legislative body shall constitute a quorum for conducting the canvass.
(3)
(a) The legislative body of the entity authorizing a bond election is the board of canvassers for each bond election.
(b) The board of canvassers for the bond election shall comply with the canvassing procedures and requirements of Section 11-14-207.
(c) Attendance of a simple majority of the legislative body of the entity authorizing a bond election shall constitute a quorum for conducting the canvass.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 3 - Canvassing Returns › Section 302 - Duties of the board of canvassers -- Receiving returns.

20A-4-302.
Duties of the board of canvassers -- Receiving returns.
(1) If the election returns from each voting precinct in which polls were opened have been received at the time the board of canvassers convenes, the board of canvassers shall canvass the election returns as provided in this part.
(2) If all of the election returns have not been received, the board shall postpone the canvass from day to day, Sundays and legal holidays excepted, until:
(a) all of the election returns are received; or
(b) the board has postponed the canvass seven times.
(3)
(a) If the election officer has not received the election returns from any voting precinct within seven days after the election, the election officer shall send a messenger to the judges to obtain the missing election returns.
(b) The messenger shall obtain the election returns from the judges and return the election returns to the election officer.
(c) The election officer shall pay the messenger 10 cents per mile for the distance necessarily traveled.
(4) If the board determines that election returns were not received from a voting precinct because the polls did not open in that precinct, the board shall:
(a) sign a certificate attesting to that fact; and
(b) file the certificate with the election officer.
Enacted by Chapter 1, 1993 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 3 - Canvassing Returns › Section 303 - Duties of the board of canvassers -- Canvassing the returns.

Effective 5/12/2020
20A-4-303.
Duties of the board of canvassers -- Canvassing the returns.
(1)
(a) Before the board of canvassers convenes, the election officer shall:
(i) count the ballots;
(ii) prepare a certified summary of:
(A) all ballots counted; and
(B) all ballots not counted, with an explanation regarding the reason the ballots were not counted; and
(iii) make available to the board of canvassers for inspection, all ballots, registers, books, and forms related to the election.
(b) The board of canvassers shall canvass the election returns by publicly:
(i) reviewing the summary reports prepared by the election officer and any ballots, registers, books, or forms requested by the board of canvassers; and
(ii) certifying the votes cast:
(A) each person voted for; and
(B) for and against each ballot proposition voted upon at the election.
(c) The board of canvassers shall, once having begun the canvass, continue until it is completed.
(2) In canvassing returns, the board of canvassers may not:
(a) reject any election returns if the board can determine the number of votes cast for each person from it;
(b) reject any election returns if the election returns:
(i) do not show who administered the oath to the judges of election;
(ii) show that the election judges failed to fill out all the certificates in the pollbooks; or
(iii) show that the election judges failed to do or perform any other act in preparing the returns that is not essential to determine for whom the votes were cast; or
(c) reject any returns from any voting precinct that do not conform with the requirements for making, certifying, and returning the returns if those returns are sufficiently explicit to enable the board of canvassers to determine the number of votes cast for each person and for and against each ballot proposition.
(3)
(a) If it clearly appears to the election officer and board of canvassers that certain matters are omitted or that clerical mistakes exist in election returns received, the election officer shall correct the omissions and mistakes.
(b) The clerk and the board of canvassers may adjourn from day to day to await receipt of corrected election material.
(4) If a recount is conducted as authorized by Section 20A-4-401, the board of canvassers shall canvass the results of that recount as provided in this section and Section 20A-4-401.
Amended by Chapter 31, 2020 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 3 - Canvassing Returns › Section 305 - Delivery of checked official register to county clerk after canvass.

Effective 2/27/2023
20A-4-305.
Delivery of checked official register to county clerk after canvass.
Within 10 days after the canvass of a November municipal election, special district election, bond election, or special election, the clerk or recorder shall transmit the checked official register to the county clerk.
Amended by Chapter 15, 2023 General Session
2023 Utah Code › Title 20A - Election Code › Chapter 4 - Election Returns and Election Contests › Part 4 - Recounts and Election Contests › Section 402 - Election contests -- Grounds.

20A-4-402.
Election contests -- Grounds.
(1) The election or nomination of any person to any public office, and the declared result of the vote on any ballot proposition or bond proposition submitted to a vote of the people may be contested according to the procedures established in this part only:
(a) for malconduct, fraud, or corruption on the part of the judges of election at any polling place, or of any board of canvassers, or any judge or member of the board sufficient to change the result;
(b) when the person declared elected was not eligible for the office at the time of the election;
(c) when the person declared elected has:
(i) given or offered to any registered voter, judge, or canvasser of the election any bribe or reward in money, property, or anything of value for the purpose of influencing the election; or
(ii) committed any other offense against the elective franchise;
(d) when illegal votes have been received or legal votes have been rejected at the polls sufficient to change the result;
(e) for any error of any board of canvassers or judges of election in counting the votes or declaring the result of the election, if the error would change the result;
(f) when the election result would change because a sufficient number of ballots containing uncorrected errors or omissions have been received at the polls;
(g) when the candidate declared elected is ineligible to serve in the office to which the candidate was elected;
(h) when an election judge or clerk was a party to malconduct, fraud, or corruption sufficient to change the result of the election; and
(i) for any other cause that shows that another person was legally elected.
(2) Any irregularity or improper conduct by the election judges does not void an election unless the irregularity or improper conduct would result in the election of a person who did not receive the highest number of legal votes.
(3) When any election held for any office is contested because of any irregularity or improper conduct on the part of a judge of any voting precinct, a court, upon proof of the irregularity or improper conduct may not set aside the election unless the irregularity or improper conduct would change the result for that office.
Amended by Chapter 105, 2005 General Session