20A-3-202. Challenges -- Recorded in official register and in pollbook.
(1) (a) When any person applies for a ballot or when a person offers a ballot for deposit
in the ballot box, the person's right to vote in that voting precinct and in that election may be
orally challenged by a poll worker or any challenger orally stating the challenged voter's name
and the basis for the challenge.
(b) A person may challenge another person's right to vote by alleging that:
(i) the voter is not the person whose name appears in the official register and under
which name the right to vote is claimed;
(ii) the voter is not a resident of Utah;
(iii) the voter is not a citizen of the United States;
(iv) the voter has not or will not have resided in Utah for 30 days immediately before the
date of the election;
(v) the voter does not live in the voting precinct;
(vi) the voter does not live within the geographic boundaries of the entity holding the
election;
(vii) the voter's principal place of residence is not in the voting precinct;
(viii) the voter's principal place of residence is not in the geographic boundaries of the
election area;
(ix) the voter has voted before in the election;
(x) the voter is not at least 18 years old;
(xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a
resident of the entity holding the election before the voter was confined or incarcerated;
(xii) the voter is a convicted felon and is incarcerated for the commission of a felony; or
(xiii) in a regular primary election, the voter does not meet the political party affiliation
criteria established by the political party whose ballot the voter seeks to vote.
(2) (a) Any person may challenge the right to vote of any person whose name appears on
the official register by filing a written signed statement identifying the challenged voter's name
and the basis for the challenge with the county clerk during regular business hours and not later
than the date that falls two business days before the date voting commences.
(b) The person challenging a person's right to vote shall allege one or more of the
grounds established in Subsection (1)(b) as the basis for the challenge.
(c) The county clerk shall:
(i) carefully preserve the written challenges;
(ii) write in the appropriate official register opposite the name of any person for whom
the county clerk received a written challenge, the words "To be challenged"; and
(iii) transmit the written challenges to poll workers of that voting precinct.
(d) The poll workers shall raise the written challenge with the voter when the voter
requests a ballot.
(3) The poll workers shall record all challenges in the official register and on the
challenge sheets in the pollbook.
(4) If a person's right to vote is challenged under this section, the poll worker shall follow
the procedures and requirements of Section 20A-3-105.5.
Amended by Chapter 75, 2007 General Session
Download Code Section Zipped WordPerfect 20A03_020200.ZIP 3,124 Bytes
Sections in this Chapter|Chapters in this Title|All Titles|Legislative Home Page
Last revised: Thursday, May 28, 2009