H.B. 306

1

ELECTION LAW REVISIONS
2 2002 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Glenn A. Donnelson
5 This act modifies the Election Code. This act creates an optional process allowing the
6 selection of citizens to audit the election results, creates the process that the citizens and
7 election officer must follow to complete the audit, authorizes a recount if the audit results
8 and election results disagree, and requires the election officer to train certain citizens who
9 will supervise the hand audit of the election at least 14 days before the election. This act
10 expands the number of poll watchers, increases their duties and responsibilities, and
11 authorizes them to make a written, picture, video, or audio tape recorded memorandum of
12 the process. This act increases the responsibilities of election officers and election judges and
13 increases the amount of equipment and space needed for counting if an optional hand audit
14 is requested. This act requires additional information to be included on election forms. This
15 act requires voters to clean their ballots. This act requires each election officer to post
16 election returns and canvass reports on the Internet. This act modifies canvassing
17 requirements and expands the opportunities for a recount. This act establishes stricter
18 requirements for automated or electronic voting systems and equipment.
19 This act affects sections of Utah Code Annotated 1953 as follows:
20 AMENDS:
21 20A-1-102, as last amended by Chapter 241, Laws of Utah 2001
22 20A-3-104, as enacted by Chapter 1, Laws of Utah 1993
23 20A-3-104.5, as enacted by Chapter 328, Laws of Utah 2000
24 20A-3-105, as last amended by Chapter 73, Laws of Utah 2001
25 20A-3-201, as last amended by Chapter 22, Laws of Utah 1999
26 20A-3-307, as enacted by Chapter 1, Laws of Utah 1993
27 20A-3-308, as last amended by Chapter 340, Laws of Utah 1995

28 20A-3-309, as enacted by Chapter 1, Laws of Utah 1993
29 20A-4-101, as last amended by Chapter 228, Laws of Utah 1993
30 20A-4-102, as last amended by Chapter 3, Laws of Utah 2000
31 20A-4-103, as last amended by Chapter 2, Laws of Utah 1994
32 20A-4-104, as last amended by Chapter 340, Laws of Utah 1995
33 20A-4-105, as last amended by Chapter 56, Laws of Utah 1999
34 20A-4-106, as last amended by Chapter 75, Laws of Utah 2000
35 20A-4-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
36 20A-4-202, as last amended by Chapter 228, Laws of Utah 1993
37 20A-4-301, as last amended by Chapter 22, Laws of Utah 1999
38 20A-4-303, as last amended by Chapter 21, Laws of Utah 1994
39 20A-4-304, as last amended by Chapter 22, Laws of Utah 1999
40 20A-4-306, as last amended by Chapter 22, Laws of Utah 1999
41 20A-4-401, as last amended by Chapter 20, Laws of Utah 2001
42 20A-5-302, as last amended by Chapter 21, Laws of Utah 1994
43 20A-5-303, as last amended by Chapter 45, Laws of Utah 1999
44 20A-5-401, as last amended by Chapter 22, Laws of Utah 1999
45 20A-5-403, as last amended by Chapter 340, Laws of Utah 1995
46 20A-5-404, as last amended by Chapter 9, Laws of Utah 2001
47 20A-5-605, as last amended by Chapter 282, Laws of Utah 1998
48 20A-6-102, as enacted by Chapter 2, Laws of Utah 1994
49 20A-6-301, as last amended by Chapter 57, Laws of Utah 2001
50 20A-6-401, as enacted by Chapter 2, Laws of Utah 1994
51 20A-6-401.1, as enacted by Chapter 328, Laws of Utah 2000
52 20A-6-402, as last amended by Chapter 57, Laws of Utah 2001
53 ENACTS:
54 20A-4-104.1, Utah Code Annotated 1953
55 20A-5-302.1, Utah Code Annotated 1953
56 20A-5-403.1, Utah Code Annotated 1953
57 20A-5-602.2, Utah Code Annotated 1953
58 Be it enacted by the Legislature of the state of Utah:

59 Section 1. Section 20A-1-102 is amended to read:
60 20A-1-102. Definitions.
61 As used in this title:
62 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
63 by the county clerk.
64 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
65 counts votes recorded on paper ballots or ballot cards and tabulates the results.
66 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
67 votes and includes ballot cards, paper ballots, and secrecy envelopes.
68 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
69 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
70 the names of offices and candidates and statements of ballot propositions to be voted on and which
71 are used in conjunction with ballot cards.
72 (6) "Ballot proposition" means opinion questions specifically authorized by the
73 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions that
74 are submitted to the voters for their approval or rejection.
75 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
76 20A-4-306 to canvass election returns.
77 (8) "Bond election" means an election held for the sole purpose of approving or rejecting
78 the proposed issuance of bonds by a government entity.
79 (9) "Book voter registration form" means voter registration forms contained in a bound
80 book that are used by election officers and registration agents to register persons to vote.
81 (10) "By-mail voter registration form" means a voter registration form designed to be
82 completed by the voter and mailed to the election officer.
83 (11) "Canvass" means the review of election returns and the official declaration of election
84 results by the board of canvassers.
85 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
86 at the canvass.
87 (13) "Canvassing poll watcher" means a person selected as provided in this title to inspect
88 the condition of the election returns, the counting of absentee ballots, the final tallying of the vote
89 totals, and any other activities at the canvass or recounts.

90 [(13)] (14) "Convention" means the political party convention at which party officers and
91 delegates are selected.
92 [(14)] (15) "Counting center" means one or more locations selected by the election officer
93 in charge of the election for the automatic counting of ballots.
94 [(15)] (16) "Counting judge" means a judge designated to count the ballots during election
95 day.
96 [(16)] (17) "Counting poll watcher" means a person selected as provided in Section
97 20A-3-201 to witness the counting of ballots.
98 [(17)] (18) "Counting room" means a suitable and convenient private place or room,
99 immediately adjoining the place where the election is being held, for use by the counting judges
100 to count ballots during election day.
101 [(18)] (19) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
102 [(19)] (20) "County legislative body" has the meaning as provided in Subsection
103 68-3-12 (2).
104 [(20)] (21) "County officers" means those county officers that are required by law to be
105 elected.
106 [(21)] (22) "Election" means a regular general election, a municipal general election, a
107 statewide special election, a local special election, a regular primary election, a municipal primary
108 election, and a special district election.
109 [(22)] (23) "Election cycle" means the period beginning on the first day persons are
110 eligible to file declarations of candidacy and ending when the canvass is completed.
111 [(23)] (24) "Election judge" means each canvassing judge, counting judge, and receiving
112 judge.
113 [(24)] (25) "Election officer" means:
114 (a) the lieutenant governor, for all statewide ballots;
115 (b) the county clerk or clerks for all county ballots and for certain special district and
116 school district ballots as provided in Section 20A-5-400.5 ;
117 (c) the municipal clerk for all municipal ballots and for certain special district and school
118 district ballots as provided in Section 20A-5-400.5 ; and
119 (d) the special district clerk or chief executive officer for all special district ballots that are
120 not part of a statewide, county, or municipal ballot.

121 [(25)] (26) "Election official" means any election officer, election judge, or satellite
122 registrar.
123 [(26)] (27) "Election returns" includes the pollbook, all affidavits of registration, the
124 military and overseas absentee voter registration and voting certificates, one of the tally sheets, any
125 unprocessed absentee ballots, all counted and uncounted ballots, all excess ballots, all unused
126 ballots, all spoiled ballots, the ballot disposition form, and the total votes cast form.
127 [(27)] (28) "Electronic voting system" means a system in which a voting device is used
128 in conjunction with ballots so that votes recorded by the voter are counted and tabulated by
129 automatic tabulating equipment.
130 [(28)] (29) "Inactive voter" means a registered voter who has been sent the notice required
131 by Section 20A-2-306 and who has failed to respond to that notice.
132 [(29)] (30) "Inspecting poll watcher" means a person selected as provided in this title to
133 witness:
134 (a) the arrival of the ballots and election returns at the counting or collection centers from
135 the voting precincts; and
136 (b) the receipt and safe deposit of voted and counted ballots in the office of the clerk or
137 recorder to whom ballots and election returns are delivered after elections.
138 [(30)] (31) "Judicial office" means the office filled by any judicial officer.
139 [(31)] (32) "Judicial officer" means any justice or judge of a court of record or any county
140 court judge.
141 [(32)] (33) "Local election" means a regular municipal election, a local special election,
142 a special district election, and a bond election.
143 [(33)] (34) "Local political subdivision" means a county, a municipality, a special district,
144 or a local school district.
145 [(34)] (35) "Local special election" means a special election called by the governing body
146 of a local political subdivision in which all registered voters of the local political subdivision may
147 vote.
148 [(35)] (36) "Municipal executive" means:
149 (a) the city commission, city council, or town council in the traditional management
150 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
151 (b) the mayor in the council-mayor optional form of government defined in Section

152 10-3-1209 ; and
153 (c) the manager in the council-manager optional form of government defined in Section
154 10-3-1209 .
155 [(36)] (37) "Municipal general election" means the election held in municipalities and
156 special districts on the first Tuesday after the first Monday in November of each odd-numbered
157 year for the purposes established in Section 20A-1-202 .
158 [(37)] (38) "Municipal legislative body" means:
159 (a) the city commission, city council, or town council in the traditional management
160 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
161 (b) the municipal council in the council-mayor optional form of government defined in
162 Section 10-3-1209 ; and
163 (c) the municipal council in the council-manager optional form of government defined in
164 Section 10-3-1209 .
165 [(38)] (39) "Municipal officers" means those municipal officers that are required by law
166 to be elected.
167 [(39)] (40) "Municipal primary election" means an election held to nominate candidates
168 for municipal office.
169 [(40)] (41) "Official ballot" means the ballots distributed by the election officer to the
170 election judges to be given to voters to record their votes.
171 [(41)] (42) "Official endorsement" means:
172 (a) the information on the ballot that identifies:
173 (i) the ballot as an official ballot;
174 (ii) the date of the election; [and]
175 (iii) the facsimile signature of the election officer; and
176 (iv) two election judges' initials; and
177 (b) the information on the ballot stub that identifies:
178 (i) [the] two election [judge's] judges' initials; and
179 (ii) the ballot number.
180 [(42)] (43) "Official register" means the book furnished election officials by the election
181 officer that contains the information required by Section 20A-5-401 .
182 [(43)] (44) "Paper ballot" means a paper that contains:

183 (a) the names of offices and candidates and statements of ballot propositions to be voted
184 on; and
185 (b) spaces for the voter to record his vote for each office and for or against each ballot
186 proposition.
187 [(44)] (45) "Political party" means an organization of registered voters that has qualified
188 to participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
189 Formation and Procedures.
190 [(45)] (46) "Polling place" means the building where residents of a voting precinct vote.
191 [(46)] (47) "Position" means a square, circle, rectangle, or other geometric shape on a
192 ballot in which the voter marks his choice.
193 [(47)] (48) "Posting list" means a list of registered voters within a voting precinct.
194 [(48)] (49) "Primary convention" means the political party conventions at which nominees
195 for the regular primary election are selected.
196 [(49)] (50) "Protective counter" means a separate counter, which cannot be reset, that is
197 built into a voting machine and records the total number of movements of the operating lever.
198 [(50)] (51) "Qualify" or "qualified" means to take the oath of office and begin performing
199 the duties of the position for which the person was elected.
200 [(51)] (52) "Receiving judge" means the election judge that checks the voter's name in the
201 official register, provides the voter with a ballot, and removes the ballot stub from the ballot after
202 the voter has voted.
203 [(52)] (53) "Registration days" means the days designated in Section 20A-2-203 when a
204 voter may register to vote with a satellite registrar.
205 [(53)] (54) "Registration form" means a book voter registration form and a by-mail voter
206 registration form.
207 [(54)] (55) "Regular general election" means the election held throughout the state on the
208 first Tuesday after the first Monday in November of each even-numbered year for the purposes
209 established in Section 20A-1-201 .
210 [(55)] (56) "Regular primary election" means the election on the fourth Tuesday of June
211 of each even-numbered year, at which candidates of political parties and nonpolitical groups are
212 voted for nomination.
213 [(56)] (57) "Resident" means a person who resides within a specific voting precinct in

214 Utah.
215 [(57)] (58) "Sample ballot" means a mock ballot similar in form to the official ballot
216 printed and distributed as provided in Section 20A-5-405 .
217 [(58)] (59) "Satellite registrar" means a person appointed under Section 20A-5-201 to
218 register voters and perform other duties.
219 [(59)] (60) "Scratch vote" means to mark or punch the straight party ticket and then mark
220 or punch the ballot for one or more candidates who are members of different political parties.
221 [(60)] (61) "Secrecy envelope" means the envelope given to a voter along with the ballot
222 into which the voter places the ballot after he has voted it in order to preserve the secrecy of the
223 voter's vote.
224 [(61)] (62) "Special district" means those local government entities created under the
225 authority of Title 17A.
226 [(62)] (63) "Special district officers" means those special district officers that are required
227 by law to be elected.
228 [(63)] (64) "Special election" means an election held as authorized by Section 20A-1-204 .
229 [(64)] (65) "Spoiled ballot" means each ballot that:
230 (a) is spoiled by the voter;
231 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
232 (c) lacks the official endorsement.
233 [(65)] (66) "Statewide special election" means a special election called by the governor
234 or the Legislature in which all registered voters in Utah may vote.
235 [(66)] (67) "Stub" means the detachable part of each ballot.
236 [(67)] (68) "Substitute ballots" means replacement ballots provided by an election officer
237 to the election judges when the official ballots are lost or stolen.
238 [(68)] (69) "Ticket" means each list of candidates for each political party or for each group
239 of petitioners.
240 [(69)] (70) "Transfer case" means the sealed box used to transport voted ballots to the
241 counting center.
242 [(70)] (71) "Vacancy" means the absence of a person to serve in any position created by
243 statute, whether that absence occurs because of death, disability, disqualification, resignation, or
244 other cause.

245 [(71)] (72) "Valid write-in candidate" means a candidate who has qualified as a write-in
246 candidate by following the procedures and requirements of this title.
247 [(72)] (73) "Voter" means a person who meets the requirements for voting in an election,
248 meets the requirements of election registration, is registered to vote, and is listed in the official
249 register book.
250 [(73)] (74) "Voting area" means the area within six feet of the voting booths, voting
251 machines, and ballot box.
252 [(74)] (75) "Voting booth" means the space or compartment within a polling place that is
253 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
254 [(75)] (76) "Voting device" means:
255 (a) an apparatus in which ballot cards are used in connection with a punch device for
256 piercing the ballots by the voter;
257 (b) a device for marking the ballots with ink or another substance; or
258 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
259 means of automatic tabulating equipment.
260 [(76)] (77) "Voting machine" means a machine designed for the sole purpose of recording
261 and tabulating votes cast by voters at an election.
262 [(77)] (78) "Voting poll watcher" means a person appointed as provided in this title to
263 witness the distribution of ballots and the voting process.
264 [(78)] (79) "Voting precinct" means the smallest voting unit established as provided by
265 law within which qualified voters vote at one polling place.
266 [(79)] (80) "Watcher" means a voting poll watcher, a counting poll watcher, [and] an
267 inspecting poll watcher, and a canvassing poll watcher.
268 [(80)] (81) "Western States Presidential Primary" means the election established in Title
269 20A, Chapter 9, Part 8.
270 [(81)] (82) "Write-in ballot" means a ballot containing any write-in votes.
271 [(82)] (83) "Write-in vote" means a vote cast for a person whose name is not printed on
272 the ballot according to the procedures established in this title.
273 Section 2. Section 20A-3-104 is amended to read:
274 20A-3-104. Manner of voting.
275 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his

276 residence, to one of the election judges.
277 (b) If an election judge does not know the person requesting a ballot and has reason to
278 doubt that person's identity, the judge shall request identification or have the voter identified by
279 a known registered voter of the district.
280 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
281 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
282 (2) (a) When the voter is properly identified, the election judge in charge of the official
283 register shall check the official register to determine whether or not the person is registered to vote.
284 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
285 disruptive of the election process, the election judge shall attempt to contact the county clerk's
286 office to request oral verification of the voter's registration.
287 (ii) If oral verification is received from the county clerk's office, the judge shall record the
288 verification on the official register, perform the other administrative steps required by Subsection
289 (3), repeat the voter's name, hand the voter a ballot, and allow the voter to enter the voting booth.
290 (3) If the election judge determines that the voter is registered:
291 (a) the election judge in charge of the official register shall:
292 (i) write the ballot number opposite the name of the voter in the official register; and
293 (ii) direct the voter to sign his name in the election column in the official register;
294 (b) another judge shall list the ballot number and voter's name in the pollbook;
295 (c) the election judge having charge of the ballots shall:
296 (i) endorse his initials on the stub and on the ballot and have a second judge initial the stub
297 and ballot also;
298 (ii) check the name of the voter on the pollbook list with the number of the stub;
299 (iii) hand the voter a ballot; and
300 (iv) allow the voter to enter the voting booth.
301 (4) Whenever the election officer is required to furnish more than one kind of official
302 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
303 voter the kind of ballot that the voter is qualified to vote.
304 Section 3. Section 20A-3-104.5 is amended to read:
305 20A-3-104.5. Voting -- Regular primary election.
306 (1) (a) Any registered voter desiring to vote at the regular primary election shall give his

307 name, the name of the registered political party whose ballot the voter wishes to vote, and, if
308 requested, his residence, to one of the election judges.
309 (b) If an election judge does not know the person requesting a ballot and has reason to
310 doubt that person's identity, the judge shall request identification or have the voter identified by
311 a known registered voter of the district.
312 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
313 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
314 (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
315 register shall check the official register to determine:
316 (A) whether or not the person is registered to vote; and
317 (B) whether or not the person's party affiliation designation in the official register allows
318 the voter to vote the ballot that the voter requested.
319 (ii) If the official register does not affirmatively identify the voter as being affiliated with
320 a registered political party or if the official register identifies the voter as being "unaffiliated," the
321 voter shall be considered to be "unaffiliated."
322 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
323 disruptive of the election process, the election judge shall attempt to contact the county clerk's
324 office to request oral verification of the voter's registration.
325 (ii) If oral verification is received from the county clerk's office, the judge shall record the
326 verification on the official register, determine the voter's party affiliation and the ballot that the
327 voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
328 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
329 listed in the official register does not allow the voter to vote the ballot that the voter requested, the
330 election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
331 the voter's party affiliation does allow the voter to vote.
332 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
333 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
334 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
335 voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
336 political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
337 (B) If the voter wishes to vote another registered political party ballot that the unaffiliated

338 voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
339 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
340 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
341 may not vote.
342 (iii) For the primary election held June 24, 2002, only:
343 (A) if the voter is listed in the official register as "unaffiliated," or if the official register
344 does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
345 political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
346 political party, or remain "unaffiliated."
347 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
348 requested, the election judge shall direct the voter to complete the change of party affiliation form
349 and proceed as required by Subsection (3).
350 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
351 party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
352 required by Subsection (3).
353 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
354 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
355 may not vote.
356 (3) If the election judge determines that the voter is registered and eligible, under
357 Subsection (2), to vote the ballot that the voter requested:
358 (a) the election judge in charge of the official register shall:
359 (i) write the ballot number and the name of the registered political party whose ballot the
360 voter voted opposite the name of the voter in the official register; and
361 (ii) direct the voter to sign his name in the election column in the official register;
362 (b) another judge shall list the ballot number and voter's name in the pollbook; and
363 (c) the election judge having charge of the ballots shall:
364 (i) endorse his initials on the stub and on the ballot and have a second judge initial the stub
365 and ballot also;
366 (ii) check the name of the voter on the pollbook list with the number of the stub;
367 (iii) hand the voter the ballot for the registered political party that the voter requested and
368 for which the voter is authorized to vote; and

369 (iv) allow the voter to enter the voting booth.
370 (4) Whenever the election officer is required to furnish more than one kind of official
371 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
372 voter the kind of ballot that the voter is qualified to vote.
373 Section 4. Section 20A-3-105 is amended to read:
374 20A-3-105. Marking and depositing ballots.
375 (1) (a) If paper ballots are used, the voter, upon receipt of the ballot, shall go to a voting
376 booth and prepare the voter's ballot by marking the appropriate position with a mark opposite the
377 name of each candidate of the voter's choice for each office to be filled.
378 (b) A mark is not required opposite the name of a write-in candidate.
379 (c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in the
380 appropriate square with a mark opposite the answer the voter intends to make.
381 (d) The voter shall fold the ballot before leaving the booth so its contents are concealed
382 and the stub can be removed.
383 (2) (a) (i) If ballot cards are used, the voter shall insert the ballot card into the voting
384 device and mark the ballot card according to the instructions provided on the device.
385 (ii) If the voter is issued a ballot card with a long stub without a secrecy envelope, the voter
386 shall record any write-in votes on the long stub.
387 (iii) If the voter is issued a ballot card with a secrecy envelope, the voter shall record any
388 write-in votes on the secrecy envelope.
389 (b) After the voter has marked the ballot card, the voter shall either:
390 (i) place the ballot card inside the secrecy envelope, if one is provided; or
391 (ii) fold the long stub over the face of the ballot card to maintain the secrecy of the vote
392 if the voter is issued a ballot card with a long stub without a secrecy envelope.
393 (3) (a) After preparation of the ballot, the voter shall:
394 (i) leave the voting booth; and
395 (ii) announce his name to the election judge in charge of the ballot box.
396 (b) The election judge in charge of the ballot box shall:
397 (i) clearly and audibly announce the name of the voter and the number on the stub of the
398 voter's ballot;
399 (ii) if the stub number on the ballot corresponds with the number previously recorded in

400 the official register, and bears the initials of [the] two election [judge] judges, and if the ballot also
401 bears the initials of two election judges, remove the stub from the ballot; [and]
402 (iii) return the ballot to the voter[.]; and
403 (iv) if a punch card ballot is used, or any other type of ballot that might need cleaning,
404 advise the voter to clean the ballot of any hanging chad or any other type of necessary cleaning.
405 (c) If the voter requests that the election judge assist the voter in cleaning the ballot, the
406 election judge shall assist the voter in full view of the voter.
407 (d) If, during the cleaning process, the ballot is spoiled or any dimpled chads are present,
408 the election judge shall, upon request of the voter, issue a new ballot for the voter to vote as
409 authorized by Section 20A-3-107 .
410 [(c) The] (e) After completing the cleaning process, the voter shall, in full view of the
411 election judges, cast his vote by depositing the ballot in the ballot box for his precinct.
412 [(d)] (f) (i) The election judge may not accept a ballot:
413 (A) from which the stub has been detached[.];
414 (B) that is missing two election judges' endorsed initials; or
415 (C) that has a different number than the ballot stub number recorded in the official register
416 by the election judge when the ballot was given to the voter.
417 (ii) The election judge shall treat a ballot from which the stub has been detached as a
418 spoiled ballot and shall provide the voter with a new ballot and dispose of the spoiled ballot as
419 provided in Section 20A-3-107 .
420 (g) Except as provided in Section 20A-5-301 and Subsection 20A-5-303 (5), the election
421 judges may not allow voters from different precincts to combine ballots in the same ballot box.
422 (4) A voter voting a paper ballot in a regular primary election shall, after marking the
423 ballot:
424 (a) (i) detach the part of the paper ballot containing the names of the candidates of the
425 party he has voted from the remainder of the paper ballot;
426 (ii) fold that portion of the paper ballot so that its face is concealed; and
427 (iii) deposit it in the ballot box; and
428 (b) (i) fold the remainder of the paper ballot, containing the names of the candidates of the
429 parties that the elector did not vote; and
430 (ii) deposit it in a separate ballot box that is marked and designated as a blank ballot box.

431 (5) (a) Each voter shall mark and deposit the ballot without delay and leave the voting area
432 after voting.
433 (b) A voter may not:
434 (i) occupy a voting booth occupied by another, except as provided in Section 20A-3-108 ;
435 (ii) remain within the voting area more than ten minutes; or
436 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
437 voters are waiting to occupy them.
438 (6) If the official register shows any voter as having voted, that voter may not reenter the
439 voting area during that election unless that voter is an election official or watcher.
440 (7) The election judges may not allow more than four voters more than the number of
441 voting booths into the voting area at one time unless those excess voters are:
442 (a) election officials;
443 (b) watchers; or
444 (c) assisting voters with a disability.
445 Section 5. Section 20A-3-201 is amended to read:
446 20A-3-201. Watchers.
447 (1) (a) (i) For each regular general election or statewide special election, and for each
448 regular primary and Western States Presidential Primary, each registered political party, each
449 candidate on the ballot, each write-in candidate qualified as required in Section 20A-9-601 , and
450 any person interested in a candidate or ballot proposition appearing on the ballot may appoint [one
451 person] persons to act as [a] voting poll [watcher] watchers to observe the casting of ballots,
452 [another person] other persons to act as [a] counting poll [watcher] watchers to observe the
453 counting of ballots[, and another person] and the tallying of votes for candidates and ballot
454 propositions in the precincts and counting and collection centers, other persons to act as [an]
455 inspecting poll [watcher] watchers to inspect the condition of, and observe the transfer and
456 securing of, ballot packages and election returns, and other persons to act as canvassing poll
457 watchers to inspect the condition of the election returns, the tallying of vote totals for each
458 candidate and ballot proposition, any other proceedings at the canvass, and any proceedings at
459 recounts.
460 (ii) Each party poll watcher shall be designated, and his selection made known to the
461 election judges, by an affidavit made by the county chair of each of the parties.

462 (iii) Each [issue] poll watcher with interest in a candidate or issue shall be designated, and
463 his selection made known to the election judges or election office, by an affidavit made by the
464 individual appointing him.
465 (b) (i) For each municipal general election, municipal primary, local special election, or
466 bond election [that uses paper ballots], each candidate and any person interested in [an] a candidate
467 or issue appearing on the ballot may appoint [one person] persons to act as [a] voting poll
468 [watcher] watchers to observe the casting of ballots, [another person] other persons to act as [a]
469 counting poll [watcher] watchers to observe the counting of ballots[, and another person] and the
470 tallying of the votes for candidates and issues appearing on the ballot in the precincts and counting
471 and collection centers, other persons to act as [an] inspecting poll [watcher] watchers to inspect
472 the condition and observe the transfer and securing of ballot packages and election returns, and
473 other persons to act as canvassing poll watchers to inspect the condition of the election returns, the
474 tallying of vote totals for each candidate and ballot proposition, any other proceedings at the
475 canvass, and any proceedings at recounts.
476 [(ii) For each municipal general election, municipal primary, local special election, or bond
477 election that uses ballot cards, each candidate and any person interested in an issue appearing on
478 the ballot may appoint one person to act as a voting poll watcher to observe the casting of ballots,
479 another person to act as a counting poll watcher to observe the counting of ballots, and another
480 person to act as an inspecting poll watcher to inspect the condition and observe the securing of
481 ballot packages.]
482 [(iii)] (ii) Each candidate poll watcher shall be designated, and his selection made known
483 to the election judges, by an affidavit made by the candidate appointing him.
484 [(iv)] (iii) Each [issue] poll watcher with interest in a candidate or issue shall be
485 designated, and his selection made known to the election judges or election officer, by an affidavit
486 made by the individual appointing him.
487 (2) If an appointed poll watcher is temporarily absent for meals, or is sick or otherwise
488 absent, that poll watcher may substitute some other watcher of similar political beliefs by
489 informing the election judges of the substitution by affidavit.
490 (3) Voting poll watchers may:
491 (a) watch and observe the voting process[, and may];
492 (b) make a written, picture, video, or audio tape recorded memorandum, but [they] may

493 not interfere in any way with the process of voting except to challenge a voter as provided in this
494 part[.];
495 (c) make a written copy or photocopy of the completed and certified ballot disposition
496 form and have the election judges sign it; and
497 (d) observe the election judges' preparation of the ballots and election returns for transfer
498 to the counting or collection center.
499 (4) (a) The counting poll [watcher] watchers shall remain in the counting room[, except
500 in the case of necessity,] until the close of the polls [and], except:
501 (i) to follow the ballot boxes from the polling place to the counting room;
502 (ii) to follow the ballot boxes from the counting room back to the polling place; or
503 (iii) in case of necessity.
504 (b) When the ballots are to be counted after the polls close in the precincts or in the
505 counting and collection centers, the poll watchers shall remain in the counting area until the ballots
506 are counted and the returns audited except in the case of necessity.
507 (c) Subject to the requirements of Subsection (4)(d), the counting poll watchers may make
508 a written, picture, video, or audio tape recorded memorandum of the process.
509 (d) The counting poll watchers may not:
510 (i) interfere in any way with the process; or
511 (ii) divulge the progress of the count until the count is completed.
512 (5) (a) It is unlawful for a counting poll watcher to communicate in any manner, directly
513 or indirectly, by word or sign, the progress of the count, the result so far, or any other information
514 about the count.
515 (b) Any person who violates this subsection is guilty of a third degree felony.
516 (6) (a) The inspecting poll [watcher] watchers may be present at the counting and
517 collection center and in the office of the clerk or recorder to whom ballots are delivered after
518 elections to:
519 [(a)] (i) inspect the condition of the packages containing the ballots and election returns
520 upon their arrival; [and]
521 [(b)] (ii) observe the transfer and placement of these packages in a safe and secure place[.];
522 and
523 (iii) make a written, picture, video, or audio tape recorded memorandum of the process.

524 (b) The inspecting poll watchers may not interfere with the process in any way.
525 (7) (a) The canvassing poll watchers may make a written, picture, video, or audio tape
526 recorded memorandum of the canvass.
527 (b) The canvassing poll watchers may not interfere in any way.
528 (8) Any person appointed by this section may function in each of the poll watching
529 positions as long as those positions are not filled concurrently by that person.
530 Section 6. Section 20A-3-307 is amended to read:
531 20A-3-307. Processing of absentee ballot.
532 (1) Except as provided in Subsection (2), upon receipt of an envelope containing an
533 absentee ballot, the election officer shall:
534 (a) enclose the unopened envelope containing the absentee ballot and the written
535 application of the absentee voter in a larger envelope;
536 (b) seal that envelope and endorse it with:
537 (i) the name or number of the proper voting precinct;
538 (ii) the name and official title of the election officer; and
539 (iii) the words "This envelope contains an absentee ballot and may only be opened on
540 election day at the polls while the polls are open."; and
541 (c) safely keep the envelope in his office until it is delivered by him to the proper election
542 judges.
543 (2) If the election officer receives envelopes containing absentee ballots too late to transmit
544 them to the election judges on election day, the election officer shall retain those absentee ballots
545 in a safe and secure place until they can be processed as provided in Section 20A-3-309 .
546 (3) (a) Except as provided in Subsection (3)(c), when reasonably possible, the election
547 officer shall deliver or mail valid absentee ballots to the appropriate voting precinct election judges
548 so that they may be processed at the voting precinct on election day.
549 (b) If the election officer is unable to determine the voting precinct to which an absentee
550 ballot should be sent, or if a valid absentee ballot is received too late for delivery on election day
551 to election judges, the election officer shall retain the absentee ballot in a safe place until it can be
552 processed as required by Section 20A-3-309 .
553 (c) When the absentee ballots will be centrally counted, the election officer shall:
554 (i) deliver those absentee ballots to the counting center on election day for counting[.];

555 (ii) process them according to the requirements of Section 20A-3-308 ; and
556 (iii) allow counting poll watchers appointed under Section 20A-3-201 to witness the
557 processing and counting of the absentee ballots.
558 Section 7. Section 20A-3-308 is amended to read:
559 20A-3-308. Absentee ballots in the custody of election judges -- Disposition.
560 (1) (a) Voting precinct election judges shall open envelopes containing absentee ballots
561 that are in their custody on election day at the polling places during the time the polls are open as
562 provided in this Subsection (1).
563 (b) The election judges shall:
564 (i) first, open the outer envelope only; and
565 (ii) compare the signature of the voter on the application with the signature on the
566 affidavit.
567 (2) (a) The judges shall carefully open and remove the absentee voter envelope so as not
568 to destroy the affidavit on the envelope if they find that:
569 (i) the affidavit is sufficient;
570 (ii) the signatures correspond; and
571 (iii) the applicant is registered to vote in that voting precinct and has not voted in that
572 election.
573 (b) The election judges shall:
574 (i) remove the absentee ballot from the envelope without unfolding it or permitting it to
575 be opened or examined;
576 (ii) ensure that the precinct number of the precinct in which the voter was eligible to vote
577 is written on the ballot and the ballot stub;
578 [(ii)] (iii) initial the stub and the ballot in the same manner as for other ballots and have
579 a second judge initial the stub and ballot also;
580 [(iii)] (iv) remove the stub from the ballot;
581 [(iv)] (v) deposit the ballot in the ballot box; and
582 [(v)] (vi) mark the official register and pollbook to show that the voter has voted[.] by
583 absentee ballot and to show whether the absentee ballot was processed:
584 (A) in the precinct;
585 (B) at the counting or collection center; or

586 (C) at the final canvass.
587 (3) If the election judges determine that the affidavit is insufficient, or that the signatures
588 do not correspond, or that the applicant is not a registered voter in the voting precinct, they shall:
589 (a) disallow the vote; and
590 (b) without opening the absentee voter envelope, mark across the face of the envelope:
591 (i) "Rejected as defective"; or
592 (ii) "Rejected as not a registered voter."
593 (4) The election judges shall deposit the absentee voter envelope, when the absentee ballot
594 is voted, and the absentee voter envelope with its contents unopened when the absent vote is
595 rejected, in the ballot box containing the ballots.
596 (5) The election officer shall retain and preserve the absentee voter envelopes in the
597 manner provided by law for the retention and preservation of official ballots voted at that election.
598 Section 8. Section 20A-3-309 is amended to read:
599 20A-3-309. Absentee ballots in the custody of the election officer -- Disposition.
600 (1) The election officer shall deliver all envelopes containing valid absentee ballots that
601 are in the election officer's custody to the place of the official canvass of the election by noon on
602 the day of the official canvass following the election.
603 (2) At the canvass, election judges, acting under the supervision of the official canvassers
604 of the election, shall comply with the procedures and requirements of Section 20A-3-308 [ in
605 opening envelopes, verifying signatures, confirming eligibility of the ballots, and depositing them
606 in a ballot box].
607 (3) After all valid absentee ballots have been deposited, they shall be counted in the usual
608 manner and the resulting tally for each precinct added to each precinct's returns, certified by the
609 election officer, and included in the official canvass of the election.
610 Section 9. Section 20A-4-101 is amended to read:
611 20A-4-101. Counting paper ballots during election day.
612 (1) Each county legislative body or municipal legislative body that has voting precincts
613 that use paper ballots and each election judge in those voting precincts shall comply with the
614 requirements of this section.
615 (2) (a) Each county legislative body or municipal legislative body shall provide:
616 (i) two sets of ballot boxes for all voting precincts where both receiving and counting

617 judges have been appointed; and
618 (ii) a counting room for the use of the election judges counting the ballots during the day.
619 (b) At any election in any voting precinct in which both receiving and counting judges
620 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
621 (i) close the first ballot box and deliver it to the counting judges; and
622 (ii) prepare and use another ballot box to receive voted ballots.
623 (c) Upon receipt of the ballot box, the counting judges shall:
624 (i) take the ballot box to the counting room;
625 (ii) count the votes in the ballot box; and
626 (iii) when they have finished counting the votes in the ballot box, return the emptied box
627 to the receiving judges.
628 (d) (i) During the course of election day, whenever there are at least 20 ballots contained
629 in a ballot box, the receiving judges shall deliver that ballot box to the counting judges for
630 counting; and
631 (ii) the counting judges shall immediately count the ballots contained in that box.
632 (e) The counting judges shall continue to exchange the ballot boxes and count ballots until
633 the polls close.
634 (3) Counting poll watchers appointed as provided in Section 20A-3-201 may observe the
635 count.
636 (4) The counting judges shall apply the standards and requirements of [Section 20A-4-104 ]
637 Sections 20A-4-102 and 20A-4-105 to resolve any questions that arise as they count the ballots.
638 Section 10. Section 20A-4-102 is amended to read:
639 20A-4-102. Counting paper ballots after the polls close.
640 (1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and the
641 last qualified voter has voted, the election judges shall count the ballots by performing the tasks
642 specified in this section in the order that they are specified.
643 (b) The election judges shall apply the standards and requirements of Section 20A-4-105
644 to resolve any questions that arise as they count the ballots.
645 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
646 (b) (i) If there are more ballots in the ballot box than there are names entered in the
647 pollbook, the judges shall examine the official endorsements on the ballots.

648 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
649 official endorsement, the judges shall put those ballots in an excess ballot file and not count them.
650 (c) (i) If, after examining the official endorsements, there are still more ballots in the ballot
651 box than there are names entered in the pollbook, the judges shall place the remaining ballots back
652 in the ballot box.
653 (ii) One of the judges, without looking, shall draw a number of ballots equal to the excess
654 from the ballot box.
655 (iii) The judges shall put those excess ballots into the excess ballot envelope and not count
656 them.
657 (d) When the ballots in the ballot box equal the number of names entered in the pollbook,
658 the judges shall count the votes.
659 (3) The judges shall:
660 (a) place all unused ballots in the envelope or container provided for return to the county
661 clerk or city recorder; and
662 (b) seal that envelope or container.
663 (4) (a) In counting the votes, the election judges shall read and count each ballot
664 separately.
665 (b) In regular primary elections the judges shall:
666 (i) count the number of ballots cast for each party;
667 (ii) place the ballots cast for each party in separate piles; and
668 (iii) count all the ballots for one party before beginning to count the ballots cast for other
669 parties.
670 (5) (a) In all elections, the counting judges shall:
671 (i) count one vote for each candidate designated by the marks in the squares next to the
672 candidate's name;
673 (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding any
674 candidate for an office for which a vote has been cast for a candidate for the same office upon
675 another ticket by the placing of a mark in the square opposite the name of that candidate on the
676 other ticket;
677 (iii) count each vote for each write-in candidate who has qualified by filing a declaration
678 of candidacy under Section 20A-9-601 ;

679 (iv) read every name marked on the ballot and mark every name upon the tally sheets
680 before another ballot is counted;
681 (v) evaluate each ballot and each vote based on the standards and requirements of Section
682 20A-4-105 ;
683 (vi) write the word "spoiled" on the back of each ballot that lacks the official endorsement
684 and deposit it in the spoiled ballot envelope; and
685 (vii) read, count, and record upon the tally sheets the votes that each candidate and ballot
686 proposition received from all ballots, except excess or spoiled ballots.
687 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
688 persons clearly not eligible to qualify for office.
689 (c) The judges shall certify to the accuracy and completeness of the tally list in the space
690 provided on the tally list.
691 (d) When the judges have counted all of the voted ballots, they shall:
692 (i) record the results on the total votes cast form[.]; and
693 (ii) certify to the accuracy and completeness of the count in the space provided on the
694 form.
695 (6) Only election judges and counting poll watchers may be present at the place where
696 counting is conducted until the count is completed.
697 Section 11. Section 20A-4-103 is amended to read:
698 20A-4-103. Preparing ballot cards for the counting center.
699 (1) (a) In voting precincts using ballot cards, as soon as the polls have been closed and the
700 last qualified voter has voted, the election judges shall prepare the ballot cards for delivery to the
701 counting center as provided in this section.
702 (b) The election judges, election officers, and other persons may not manually count any
703 votes before delivering the ballots to the counting center.
704 (2) (a) The judges shall check each secrecy envelope to see if either contains any write-in
705 votes.
706 (b) If a secrecy envelope does not contain any write-in votes, the election judges shall
707 remove the ballot card from the secrecy envelope.
708 (c) If a secrecy envelope contains any write-in votes, the election judges may not separate
709 the ballot card from the secrecy envelope.

710 (3) The election judges shall place:
711 (a) the voted ballot cards and one copy of the statement of disposition of ballots in the
712 transfer case;
713 (b) the other copy of the statement of disposition of ballots, the pollbook, any unprocessed
714 absentee ballots, the judges' pay vouchers, the official register, and the spoiled ballot envelope in
715 the carrier envelope provided; and
716 (c) the other election materials in the election supply box.
717 (4) The election judges may not mix election returns from different precincts together
718 except as provided in Section 20A-5-303 .
719 Section 12. Section 20A-4-104 is amended to read:
720 20A-4-104. Counting ballots electronically.
721 (1) (a) Before beginning to count ballot cards using automatic tabulating equipment, the
722 election officer shall test the automatic tabulating equipment to ensure that it will accurately count
723 the votes cast for all offices and all measures.
724 (b) The election officer shall publish public notice of the time and place of the test at least
725 48 hours before the test in one or more daily or weekly newspapers of general circulation published
726 in the county, municipality, or jurisdiction where the equipment is used.
727 (c) The election officer shall conduct the test by processing a preaudited group of ballot
728 cards.
729 (d) The election officer shall ensure that:
730 (i) a predetermined number of valid votes for each candidate and measure are recorded on
731 the ballot cards;
732 (ii) for each office, one or more ballot cards have votes in excess of the number allowed
733 by law in order to test the ability of the automatic tabulating equipment to reject those votes; and
734 (iii) a different number of valid votes are assigned to each candidate for an office, and for
735 and against each measure.
736 (e) If any error is detected, the election officer shall determine the cause of the error and
737 correct it.
738 (f) The election officer shall ensure that:
739 (i) the automatic tabulating equipment produces an errorless count before beginning the
740 actual counting; and

741 (ii) the automatic tabulating equipment passes the same test at the end of the count before
742 the election returns are approved as official.
743 (2) (a) The election officer or his designee shall supervise and direct all proceedings at the
744 counting center.
745 (b) (i) Proceedings at the counting center are public and may be observed by interested
746 persons.
747 (ii) Only those persons authorized to participate in the count may touch any ballot, ballot
748 card, or return.
749 (c) The election officer shall deputize and administer an oath or affirmation to all persons
750 who are engaged in processing and counting the ballots that they will faithfully perform their
751 assigned duties.
752 (d) (i) Counting poll watchers appointed as provided in Section 20A-3-201 , and counting
753 judges appointed as provided in Section 20A-5-602.2 may observe the testing of equipment and
754 actual counting of the ballot cards.
755 (ii) Those counting poll watchers and counting judges may make independent tests of the
756 equipment before or after the vote count as long as the testing does not interfere in any way with
757 the official tabulation of the ballot cards.
758 (3) If any ballot card is damaged or defective so that it cannot properly be counted by the
759 automatic tabulating equipment, the election officer shall:
760 (a) cause a true duplicate copy of the ballot card to be made with an identifying serial
761 number;
762 (b) substitute the duplicate for the damaged ballot card;
763 (c) label the duplicate ballot card "duplicate"; and
764 (d) record the duplicate ballot card's serial number on the damaged or defective ballot card.
765 (4) (a) The election officer may[:] report the progress of the official count for each
766 candidate and ballot proposition during the actual counting of ballots.
767 (b) The election officer may not:
768 [(a)] (i) conduct an unofficial count before conducting the official count in order to provide
769 early unofficial returns to the public; and
770 [(b)] (ii) release unofficial returns from time to time after the polls close[; and].
771 [(c) report the progress of the count for each candidate during the actual counting of

772 ballots.]
773 (5) (a) The election officer or his designee shall:
774 (i) separate, count, and tabulate any ballots containing valid write-in votes; [and]
775 (ii) place each ballot containing a write-in vote back into its original secrecy envelope; and
776 [(ii)] (iii) complete the standard form provided by the clerk for recording valid write-in
777 votes.
778 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast more
779 votes for an office than that voter is entitled to vote for that office, the judges shall count the valid
780 write-in vote as being the obvious intent of the voter.
781 (6) (a) The election officer shall [certify the return printed by the automatic tabulating
782 equipment, to which have been added write-in and absentee votes, as the official return of each
783 voting precinct.]:
784 (i) assure that each precinct return is counted separately with the automatic tabulating
785 equipment;
786 (ii) certify and place with the precinct return a printed return from the automatic tabulating
787 equipment that shows the tally for that precinct only, to which has been added the write-in and
788 absentee votes for that precinct;
789 (iii) certify a second printed return from the automatic tabulating equipment that shows
790 the tally for that precinct, to which has been added the write-in and absentee votes for that precinct,
791 which will be used to tally all the results of races and propositions within the election officer's
792 county, municipality, or special district;
793 (iv) place each precinct's returns back into the precinct's separate package or envelope after
794 assuring that the precinct number is written on the outside of the package or envelope; and
795 (v) assure that the automated tabulating equipment's certified returns in Subsections
796 (6)(a)(ii) through (iv) do not leave the presence of the poll watchers until any audits are complete
797 and the total final tally is complete.
798 (b) Upon completion of the count, the election officer shall:
799 (i) make official returns open to the public[.];
800 (ii) within 48 hours of the election, publish on the Internet and post a copy in the office
801 of the elections officer and the county clerk of:
802 (A) the results for each race and proposition, by voting precinct, under the heading

803 "Counting Center Results";
804 (B) the number of registered voters listed in the official register;
805 (C) the number of registered voters who cast votes at that precinct according to the
806 pollbook;
807 (D) the number of absentee voters from that precinct processed at the precinct according
808 to the pollbook;
809 (E) the number of absentee voters from that precinct processed at the counting or
810 collection center; and
811 (F) the number of provisional ballots cast from that precinct according to the pollbook.
812 (7) (a) If for any reason it becomes impracticable to count all or a part of the ballot cards
813 with tabulating equipment, the election officer may direct that they be counted manually according
814 to the procedures and requirements of this part.
815 (b) The election results obtained by this section may be audited under Sections
816 20A-4-104.1 and 20A-5-602.2 before the election officer seals the returns.
817 (8) After the count is completed, the election officer shall seal and retain the programs, test
818 materials, and ballots as provided in Section 20A-4-202 .
819 (9) If any ballots that might need cleaning were not thoroughly cleaned in the voting
820 precincts as required by Section 20A-3-105 , the election officer shall:
821 (a) have them cleaned in the presence of the poll watchers;
822 (b) assign at least one poll watcher to each person cleaning the ballots; and
823 (c) ensure that each precinct's ballots are cleaned as a group and returned to the its
824 envelope or package before another precinct's envelope or package is opened for cleaning.
825 Section 13. Section 20A-4-104.1 is enacted to read:
826 20A-4-104.1. Performing a random hand count of the ballots and audit of the election
827 returns at counting centers or collection centers.
828 (1) This section applies only when citizens authorized by Section 20A-5-602.2 are
829 appointed.
830 (2) The counting groups organized according to the requirements of this section shall
831 perform their audit by following the procedures and requirements of this section.
832 (3) If the ballots are to be counted using automated tabulating equipment, the elections
833 officer shall allow the counting judges to observe and participate in the testing of equipment as

834 required by Section 20A-4-104 .
835 (4) The election officer or his assignee shall:
836 (a) allow each counting groups' members to stay together and function separately from
837 other counting groups;
838 (b) randomly divide the counting judges into counting teams, consisting of two judges each
839 within the counting group;
840 (c) designate which counting teams the supervising counting judges shall supervise within
841 the counting group; and
842 (d) randomly assign each team to a counting station, and if possible, place one counting
843 station on one side of table towards one end, and another counting station on the other side of the
844 table towards the opposite end of the table.
845 (5) (a) The election officer shall give the counting judges all the returns from the chosen
846 precinct, including the return printed by the electronic, computerized, or automated tabulating
847 equipment.
848 (b) Each counting group shall count all the votes from the precincts they randomly select
849 and may audit all of the returns including the absentee ballots, counted and uncounted ballots,
850 excess ballots, spoiled ballots, write-in votes, hard copy ballots, ballot disposition form, tally lists,
851 total votes cast form, poll book, posting book, affidavits of registration, military and overseas
852 absentee voter registration and voting certificates, official register, and the printed return from any
853 electronic, computerized, or automated vote system used in the election officer's jurisdiction.
854 (c) The supervising counting judges shall supervise their counting group.
855 (6) (a) If the ballots are to be counted by electronic, computerized, or automated tabulating
856 equipment at the counting or collection center, each supervising counting judges shall:
857 (i) randomly select the returns from one precinct that has already been counted by the
858 equipment, count its ballots, and audit the returns; and
859 (ii) continue this process until the automated counting is complete.
860 (b) If the ballots were counted by hand or by electronic, computerized, or automated
861 tabulating equipment in the precincts, each supervising counting judge shall:
862 (i) select the returns from one precinct at a time, count its ballots, and audit the returns;
863 and
864 (ii) continue this process until counting is complete.

865 (c) First, the supervising counting judges shall count the number of ballots in the precinct
866 returns excluding the excess or spoiled ballots.
867 (d) (i) If there are more ballots counted than there are names entered in the pollbook, the
868 judges shall examine the official endorsement on the ballots.
869 (ii) If, in the unanimous opinion of all of the supervising counting judges in that group and
870 the elections officer or his assignee, any of the ballots do not bear the proper official endorsement,
871 the counting judges shall put those ballots in an excess ballot file and not count them.
872 (e) (i) If, after examining the official endorsements, there are still more ballots than there
873 are names entered in the pollbook, the judges shall mix the remaining ballots back into the ballot
874 pile.
875 (ii) One of the judges, without looking, shall draw a number of ballots equal to the excess
876 from the ballot pile.
877 (iii) The judges shall put those excess ballots into the excess ballot envelope and not count
878 them.
879 (f) When the ballots in the ballot pile equal the number of names entered in the pollbook,
880 the supervising counting judges shall divide the ballots among the counting teams as evenly as
881 possible, and record the number given to each team.
882 (7) (a) In counting the votes, the election judges shall read and count each ballot
883 separately.
884 (b) In regular primary elections the judges shall:
885 (i) count the number of ballots cast for each party;
886 (ii) place the ballots cast for each party in separate piles; and
887 (iii) count all the ballots for one party before beginning to count the ballots cast for other
888 parties.
889 (8) (a) In all elections, the counting judges shall:
890 (i) apply the standards and requirements of Section 20A-4-105 ;
891 (ii) count each vote for each write-in candidate who has qualified by filing a declaration
892 of candidacy under Section 20A-9-601 ;
893 (iii) read every name and ballot proposition marked on the ballot and mark every name and
894 ballot proposition upon the tally sheets before another ballot is counted;
895 (iv) evaluate each ballot and each vote based on the standards and requirements of Section

896 20A-4-105 ;
897 (v) evaluate the official endorsement on each ballot, including comparing the two
898 receiving judges' initials that should be on the ballot, to the ballot disposition form which contains
899 the judges' signatures and initials;
900 (vi) if, in the unanimous opinion of all of the supervising counting judges in that group and
901 the elections officer or his assignee, any of the ballots do not bear the proper official endorsement,
902 write the word "spoiled" on the back of each ballot that lacks the official endorsement and deposit
903 it in the spoiled ballot envelope;
904 (vii) read, count, and record upon the tally sheets the votes that each candidate and ballot
905 proposition received from all ballots, except excess or spoiled ballots; and
906 (viii) for ballot cards, count one vote for each candidate or ballot proposition choice
907 designated by the punched out chad that is in or next to the numbered squares that corresponds to
908 each candidate's name or particular ballot proposition choice.
909 (b) Counting judges need not tally write-in votes for fictitious persons, nonpersons, or
910 persons clearly not eligible to qualify for office.
911 (c) Each judge assigned to a counting team shall certify to the accuracy and completeness
912 of the tally list from their counting team in the space provided on the tally list after the team double
913 checks the added totals for each candidate and ballot proposition.
914 (d) When each counting team has finished counting all the voted ballots and certified their
915 tally lists, they shall watch the supervising counting judges from their group add with a calculator
916 all the tally lists totals for each candidate and ballot proposition for that precinct, check the
917 addition a second time, then record the results on the total votes cast form.
918 (e) After double checking and recording the results on the total votes cast form, the judges
919 shall:
920 (i) certify to the accuracy and completeness of the total votes cast form by having each
921 counting judge sign the form in the space provided on the form;
922 (ii) make a photocopy of the audit of the total votes cast form, and a copy of the certified
923 printed return from the electronic, computerized, or automated vote system of the precinct counted
924 total votes cast form, for each supervising counting judge from the precinct audited;
925 (iii) compare the audit results with the counting center or precinct counted results;
926 (iv) if the audit results do not match exactly to the counting center or precinct counted

927 results, calculate the percentage difference in each race or proposition, report those differences to
928 the election officer, and, if the percentage difference is more than 1%, notify in person or by
929 telephone, within 24 hours:
930 (A) the chair of each political party on the ballot;
931 (B) each candidate on the ballot that has a percentage difference of more than 1%; and
932 (C) each group that sponsored or opposed a ballot proposition that has a percentage
933 difference more than 1%;
934 (v) make a report commenting on the hand count and audit and give a photocopy of the
935 report to the elections officer and each supervising counting judge;
936 (vi) place the total votes cast form from the audit, the signed report commenting on the
937 audit, and the printed return from the electronic, computerized, or automated vote system into the
938 package with the election returns; and
939 (vii) in the presence of the election officer, seal the returns.
940 (f) (i) The supervising counting judges shall keep all photocopies from the hand count and
941 audit from each precinct for 22 months after the election.
942 (ii) Those copies are public records under Title 63, Chapter 2, Government Records
943 Access and Management Act.
944 (9) (a) When each counting group is finished auditing the precincts selected, they shall
945 together recheck the final total tally for all candidates and ballot propositions within the election
946 officer's jurisdiction and shall:
947 (i) for precincts counted by an electronic, computerized, or automated vote system, use
948 each precinct's printed certified election returns to which have been added write-in and absentee
949 votes for that precinct;
950 (ii) for precincts that were not counted by an electronic, computerized, or automated voting
951 system, use each precinct's total votes cast form to which has been added write-in and absentee
952 votes for that precinct;
953 (iii) when there is a discrepancy between the results, the election officer shall retabulate
954 the final total tally using the methods in Subsections (9)(a)(i) and (ii); and
955 (iv) if the election officer's retabulation does not match the counting groups' results, the
956 counting groups and the election judge shall retabulate the results as many times as necessary until
957 the results match.

958 (b) (i) When the counting groups and the elections officer are completed with the recheck
959 of the final total tally, they shall make a copy of the final total tally sheet for all supervising
960 counting judges in each counting group.
961 (ii) The supervising counting judges shall keep a copy of the final total tally sheet for 22
962 months following the election.
963 (iii) The final total tally sheet is a public record under Title 63, Chapter 2, Government
964 Records Access and Management Act.
965 (10) If not all precincts' or polling places' returns have been received at the counting center
966 or collection place on the election night, the counting groups may continue the audit on the
967 following days when the returns are received.
968 (11) After the completion of the random ballot counting and audit at the counting or
969 collection centers, the election officer shall:
970 (a) make the returns open to the public; and
971 (b) publish the results as required by Subsection 20A-4-104 (9)(b).
972 Section 14. Section 20A-4-105 is amended to read:
973 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
974 (1) Each person counting ballots shall apply the standards and requirements of this section
975 to resolve any questions that arise as ballots are counted.
976 (2) Except as provided in Subsection (11), if a voter marks more names than there are
977 persons to be elected to an office, or if for any reason it is impossible to determine the choice of
978 any voter for any office to be filled, the counter may not count that voter's ballot for that office.
979 (3) The counter shall count a defective or incomplete mark on any paper ballot, ballot card,
980 or other hard copy ballot if:
981 (a) it is in the proper place; and
982 (b) there is no other mark [or], cross, dimpled chad, pregnant chad, or hanging chad on the
983 [paper] ballot indicating the voter's intent to vote other than as indicated by the defective mark.
984 (4) (a) When the voter has marked the ballot so that it appears that the voter has voted
985 more than one straight ticket, the election judges may not count any votes for party candidates.
986 (b) The election judges shall count the remainder of the ballot if it is voted correctly.
987 (5) A counter may not reject a ballot marked by the voter because of marks on the ballot
988 other than those marks allowed by this section unless the extraneous marks on a ballot or group

989 of ballots show an intent by a person or group to mark their ballots so that their ballots can be
990 identified.
991 (6) (a) In counting the ballots, the counters shall give full consideration to the intent of the
992 voter.
993 (b) The counters may not invalidate a ballot because of mechanical and technical defects
994 in voting or failure on the part of the voter to follow strictly the rules for balloting required by
995 Chapter 3.
996 (7) The counters may not reject a ballot because of any error in:
997 (a) stamping or writing any official endorsement; or
998 (b) delivering the wrong ballots to any polling place.
999 (8) The counter may not count any paper ballot, ballot card, or other hard copy ballot that
1000 does not have the official endorsement by an election officer and the election judges' initials.
1001 (9) If the counter discovers that the name of a candidate voted for is misspelled or that the
1002 initial letters of a candidate's given name are transposed or omitted in part or altogether, the
1003 counter shall count the voter's vote for that candidate if it is apparent that the voter intended to vote
1004 for that candidate.
1005 (10) The counter shall count a vote for the president and the vice president of any political
1006 party as a vote for the presidential electors selected by the political party.
1007 (11) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has
1008 cast more votes for an office than that voter is entitled to vote for that office, the judges shall count
1009 the valid write-in vote as being the obvious intent of the voter.
1010 Section 15. Section 20A-4-106 is amended to read:
1011 20A-4-106. Paper ballots -- Sealing.
1012 (1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
1013 tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
1014 (ii) After the ballots are strung, they may not be examined by anyone, except when
1015 examined during a recount conducted under the authority of Section 20A-4-401 or a random hand
1016 count and audit authorized by Sections 20A-4-104.1 and 20A-5-602.2 .
1017 (b) The judges shall carefully seal all of the strung ballots in a strong envelope.
1018 (2) (a) For regular primary elections, after all the ballots have been counted, certified to,
1019 and strung by the judges, they shall seal the ballots cast for each of the parties in separate

1020 envelopes.
1021 (b) The judges shall:
1022 (i) seal each of the envelopes containing the votes of each of the political parties in one
1023 large envelope; and
1024 (ii) return that envelope to the county clerk.
1025 (c) The judges shall[:] return the blank ballots in the blank ballot box to the election officer
1026 for destruction.
1027 [(i) destroy the ballots in the blank ballot box; or]
1028 [(ii) if directed to do so by the election officer, return them to the election officer for
1029 destruction.]
1030 (3) As soon as the judges have counted all the votes, certified the tally sheets and the total
1031 votes cast form, and sealed the ballots, they shall sign and certify the pollbooks and the ballot
1032 disposition form.
1033 (4) (a) The judges, before they adjourn, shall:
1034 (i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
1035 registration received by them, the ballot disposition form, the military and overseas absentee voter
1036 registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots
1037 in a strong envelope or pouch;
1038 (ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
1039 strung and placed in a separate envelope or pouch as required by Subsection (1);
1040 (iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
1041 disposition form in a separate envelope or pouch; and
1042 (iv) place the total votes cast form and the judges' vouchers requesting compensation for
1043 services rendered in a separate pouch.
1044 (b) Before enclosing the official register in the envelope or pouch, the election judges shall
1045 certify it substantially as follows:
1046 "We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
1047 Utah, certify that the required entries have been made for the election held
1048 __________(month\day\year), including:
1049 a list of the ballot numbers for each voter;
1050 the voters' signatures, except where a judge has signed for the absentee voters;

1051 a list of information surrounding a voter who is challenged,
1052 including any affidavits; and
1053 a notation for each time a voter was assisted with a ballot."
1054 (5) Each judge shall:
1055 (a) write his name across the seal of each envelope or pouch; and
1056 (b) mark on the exterior of the envelope or pouch:
1057 (i) the word "ballots" or "returns" or "unused ballots," or other words plainly indicating
1058 the contents of the packages; and
1059 (ii) the number of the voting precinct.
1060 Section 16. Section 20A-4-201 is amended to read:
1061 20A-4-201. Delivery of election returns.
1062 (1) One judge shall deliver the ballot box, the lock, and the key to:
1063 (a) the election officer; or
1064 (b) the location directed by the election officer.
1065 (2) (a) Before they adjourn, the election judges shall:
1066 (i) for paper ballots and other hard copy ballots, choose [one] two of their number, each
1067 from a different political party, to deliver the election returns to the [election officer ] counting or
1068 collection center as directed by the election officer; and
1069 (ii) for ballot cards, choose two of their number, each from a different political party, to
1070 deliver the election returns to the counting center.
1071 (b) [That judge or those] Those judges shall:
1072 (i) deliver the unopened envelopes or pouches to the election officer or counting center
1073 immediately but no later than 24 hours after the polls close; or
1074 (ii) if the polling place is 15 miles or more from the county seat, mail the election returns
1075 to the election officer by registered mail from the post office most convenient to the polling place
1076 within 24 hours after the polls close.
1077 (3) The election officer shall pay each election judge that transports election returns $2
1078 plus 30 cents per mile, one way, for every mile necessarily traveled between the polling place and
1079 the place of delivery.
1080 Section 17. Section 20A-4-202 is amended to read:
1081 20A-4-202. Election officers -- Disposition of ballots.

1082 (1) (a) Upon receipt of the election returns from an election judge, the election officer
1083 shall:
1084 (i) ensure that the election judge has provided all of the ballots and election returns;
1085 (ii) allow counting judges authorized by Sections 20A-4-104.1 and 20A-5-602.2 to
1086 randomly hand count the ballots and audit the returns;
1087 [(ii)] (iii) inspect the ballots and election returns to ensure that they are sealed; and
1088 [(iii)] (iv) (A) for paper ballots, deposit and lock the ballots and election returns in a safe
1089 and secure place; or
1090 (B) for punch card ballots, count the ballots and deposit and lock the ballots and election
1091 returns in a safe and secure place.
1092 (b) Inspecting poll watchers appointed as provided in Section 20A-3-201 may be present
1093 and observe the election officer's receipt, inspection, transfer, and deposit of the ballots and
1094 election returns.
1095 (2) Each election officer shall:
1096 (a) preserve ballots and all other official election returns, including the election returns
1097 generated under Section 20A-4-104.1 , for 22 months after the election [or until the time has
1098 expired during which the ballots could be used in an election contest] and until all pending election
1099 contests, and civil or criminal court cases in which the returns could be used, are completed,
1100 including any appeals;
1101 (b) package and seal a true copy of the ballot label used in each voting precinct; and
1102 [(c) preserve all other official election returns for at least 22 months after an election; and]
1103 [(d)] (c) after that time, destroy [them] all election returns without opening or examining
1104 them.
1105 (3) (a) The election officer shall package and retain all tabulating cards, software, and
1106 other materials used in the programming of the [automatic tabulating equipment;] electronic,
1107 computerized, or automated vote systems.
1108 (b) The election officer:
1109 (i) may access these tabulating cards, and software, and other materials only when directed
1110 to produce them for a recount or pursuant to a court order or subpoena;
1111 (ii) may make copies of these materials [and make changes to the copies] only when
1112 directed to do so for a recount or pursuant to a court order or subpoena;

1113 (iii) may not alter or make changes to the materials themselves; and
1114 (iv) [within] shall preserve the tabulating cards, software, and other materials used in the
1115 programming of the automatic tabulating equipment and computerized or automated vote systems
1116 for at least 22 months after the election in which they were used[, may dispose of those materials
1117 or retain them] and until all pending election contests, and civil or criminal court cases in which
1118 the returns could be used, are completed, including any appeals.
1119 (4) (a) If an election contest or court case in which these materials maybe used is begun
1120 within [12] 22 months, the election officer shall:
1121 (i) keep the ballots and election returns unopened and unaltered until the contest is
1122 complete; or
1123 (ii) surrender the ballots and election returns to the custody of the court having jurisdiction
1124 of the contest when ordered or subpoenaed to do so by that court.
1125 (b) When all election contests arising from an election are complete, the election officer
1126 shall either:
1127 (i) retain the ballots and election returns until the time for preserving them under this
1128 section has run; or
1129 (ii) destroy the ballots and election returns remaining in his custody without opening or
1130 examining them if the time for preserving them under this section has run.
1131 Section 18. Section 20A-4-301 is amended to read:
1132 20A-4-301. Board of canvassers.
1133 (1) (a) Each county legislative body is the board of county canvassers for the county and
1134 for each special district whose election is conducted by the county.
1135 (b) (i) Except as provided in Subsection (1)(b)(ii), the board of county canvassers shall
1136 meet to canvass the returns at the usual place of meeting of the county legislative body, at noon
1137 on the Monday after the election.
1138 (ii) When canvassing returns for the Western States Presidential Primary, the board of
1139 county canvassers shall meet to canvass the returns at the usual place of meeting of the county
1140 legislative body, at noon on the Thursday after the election.
1141 (c) If one or more of the county legislative body fails to attend the meeting of the board
1142 of county canvassers, the remaining members shall replace the absent member by appointing in
1143 the order named:

1144 (i) the county treasurer;
1145 (ii) the county assessor; or
1146 (iii) the county sheriff.
1147 (d) The board of county canvassers shall always consist of three or more acting members.
1148 (e) The county clerk is the clerk of the board of county canvassers.
1149 (2) (a) The mayor and the municipal legislative body are the board of municipal canvassers
1150 for the municipality.
1151 (b) The board of municipal canvassers shall meet to canvass the returns at the usual place
1152 of meeting of the municipal legislative body no sooner than three days and no later than seven days
1153 after the election.
1154 (3) (a) This part does not apply to bond elections.
1155 (b) Persons responsible for canvassing bond elections shall comply with the canvassing
1156 procedures and requirements of Title 11, Chapter 14, Utah Municipal Bond Act.
1157 Section 19. Section 20A-4-303 is amended to read:
1158 20A-4-303. Duties of the board of canvassers -- Canvassing the returns.
1159 (1) (a) The board of canvassers shall canvass the election returns by publicly opening the
1160 returns and determining from them the votes of each voting precinct and the total votes cast within
1161 the board of canvassers' jurisdiction for:
1162 (i) each person voted for; and
1163 (ii) for and against each ballot proposition voted upon at the election.
1164 (b) The board of canvassers shall, once having begun the canvass, continue until it is
1165 completed.
1166 (2) In canvassing returns, the board of canvassers may not:
1167 (a) reject any election returns if the board can determine the number of votes cast for each
1168 person from it;
1169 (b) reject any election returns if the election returns:
1170 (i) do not show who administered the oath to the judges of election;
1171 (ii) show that the election judges failed to fill out all the certificates in the pollbooks; or
1172 (iii) show that the election judges failed to do or perform any other act in preparing the
1173 returns that is not essential to determine for whom the votes were cast; and
1174 (c) reject any returns from any voting precinct that do not conform with the requirements

1175 for making, certifying, and returning the returns if those returns are sufficiently explicit to enable
1176 the board of canvassers to determine the number of votes cast for each person and for and against
1177 each ballot proposition.
1178 (3) (a) If it clearly appears to the election officer and board of canvassers that certain
1179 matters are omitted or that clerical mistakes exist in election returns received, they shall transmit
1180 the election returns to the election judges for correction.
1181 (b) Upon receipt of the election returns for correction from the board of canvassers, the
1182 election judges shall correct the election returns as required by the facts.
1183 (c) The clerk and the board of canvassers may adjourn from day to day to await receipt of
1184 corrected election material.
1185 (4) The board of canvassers shall allow canvassing poll watchers appointed as provided
1186 in Section 20A-3-201 to be present to inspect the condition of the election returns, the counting
1187 of absentee ballots, the tallying of vote totals, recounts, and any other proceedings that occur
1188 during the canvass.
1189 Section 20. Section 20A-4-304 is amended to read:
1190 20A-4-304. Declaration of results -- Canvassers' report.
1191 (1) Each board of canvassers shall:
1192 (a) declare "elected" or "nominated" those persons who:
1193 (i) had the highest number of votes; and
1194 (ii) sought election or nomination to an office completely within the board's jurisdiction;
1195 (b) declare:
1196 (i) "approved" those ballot propositions that:
1197 (A) had more "yes" votes than "no" votes; and
1198 (B) were submitted only to the voters within the board's jurisdiction;
1199 (ii) "rejected" those ballot propositions that:
1200 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1201 votes; and
1202 (B) were submitted only to the voters within the board's jurisdiction;
1203 (c) certify the vote totals for persons and for and against ballot propositions that were
1204 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to the
1205 lieutenant governor; and

1206 (d) if applicable, certify the results of each special district election to the special district
1207 clerk.
1208 (2) (a) As soon as the result is declared or certified, the election officer shall prepare a
1209 report of the result, which shall contain:
1210 (i) the total number of votes cast in the board's jurisdiction;
1211 (ii) the names of each candidate whose name appeared on the ballot;
1212 (iii) the title of each ballot proposition that appeared on the ballot;
1213 (iv) each office that appeared on the ballot;
1214 (v) from each voting precinct:
1215 (A) the number of votes for each candidate; [and]
1216 (B) the number of votes for and against each ballot proposition;
1217 (C) the number of absentee ballots cast; and
1218 (D) the number of provisional ballots cast;
1219 (vi) the total number of votes given in the board's jurisdiction to each candidate, and for
1220 and against each ballot proposition; and
1221 (vii) a statement certifying that the information contained in the report is accurate.
1222 (b) The election officer and the board of canvassers shall:
1223 (i) review the report to ensure that it is correct; and
1224 (ii) sign the report.
1225 (c) The election officer shall:
1226 (i) record or file the certified report in a book kept for that purpose;
1227 (ii) prepare and transmit a certificate of nomination or election under the officer's seal to
1228 each nominated or elected candidate;
1229 (iii) within five days of the canvass, publish a copy of the certified report in a newspaper
1230 with general circulation in the board's jurisdiction [and], post it in a conspicuous place within the
1231 jurisdiction, and post it on the Internet; and
1232 (iv) within five days of the canvass, file a copy of the certified report with the lieutenant
1233 governor.
1234 (3) When there has been a regular general or a statewide special election for statewide
1235 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1236 or more county ballot proposition, each board of canvassers shall, within five days of the canvass:

1237 (a) prepare a separate report detailing the number of votes for each candidate and the
1238 number of votes for and against each ballot proposition; and
1239 (b) transmit it by registered mail to the lieutenant governor.
1240 (4) In each county election, municipal election, school election, special district election,
1241 and local special election, the election officer shall transmit the reports to the lieutenant governor
1242 within [14] five days of the canvass.
1243 (5) In regular primary elections and in the Western States Presidential Primary, the board
1244 shall transmit to the lieutenant governor:
1245 (a) the county totals for multicounty races, to be telephoned or faxed to the lieutenant
1246 governor:
1247 (i) not later than the Tuesday after the primary election for the regular primary election;
1248 and
1249 (ii) not later than the Friday after the election for the Western States Presidential Primary;
1250 and
1251 (b) a complete tabulation showing voting totals for all primary races, precinct by precinct,
1252 to be [mailed] sent by registered mail to the lieutenant governor [on or before the second Friday
1253 following the primary election] within five days of the canvass.
1254 Section 21. Section 20A-4-306 is amended to read:
1255 20A-4-306. Statewide canvass.
1256 (1) (a) The state board of canvassers shall convene:
1257 (i) on the fourth Monday of November, at noon; or
1258 (ii) at noon on the day following the receipt by the lieutenant governor of the last of the
1259 returns of a statewide special election.
1260 (b) The state auditor, the state treasurer, and the attorney general are the state board of
1261 canvassers.
1262 (2) (a) The state board of canvassers shall:
1263 (i) meet in the lieutenant governor's office; and
1264 (ii) compute and determine the vote for officers and for and against any ballot propositions
1265 voted upon by the voters of the entire state or of two or more counties.
1266 (b) The lieutenant governor, as secretary of the board shall file a report in his office that
1267 details:

1268 (i) for each statewide officer and ballot proposition:
1269 (A) the name of the statewide office or ballot proposition that appeared on the ballot;
1270 (B) the candidates for each statewide office whose names appeared on the ballot, plus any
1271 recorded write-in candidates;
1272 (C) the number of votes from each county cast for each candidate and for and against each
1273 ballot proposition;
1274 (D) the total number of votes cast statewide for each candidate and for and against each
1275 ballot proposition; and
1276 (E) the total number of votes cast statewide; and
1277 (ii) for each officer or ballot proposition voted on in two or more counties:
1278 (A) the name of each of those offices and ballot propositions that appeared on the ballot;
1279 (B) the candidates for those offices, plus any recorded write-in candidates;
1280 (C) the number of votes from each county cast for each candidate and for and against each
1281 ballot proposition; and
1282 (D) the total number of votes cast for each candidate and for and against each ballot
1283 proposition.
1284 (c) The lieutenant governor shall:
1285 (i) prepare certificates of election for:
1286 (A) each successful candidate; and
1287 (B) each of the presidential electors of the candidate for president who received a majority
1288 of the votes;
1289 (ii) authenticate each certificate with his seal; and
1290 (iii) deliver a certificate of election to:
1291 (A) each candidate who had the highest number of votes for each office; and
1292 (B) each of the presidential electors of the candidate for president who received a majority
1293 of the votes.
1294 (3) If the lieutenant governor has not received election returns from all counties on the fifth
1295 day before the day designated for the meeting of the state board of canvassers, the lieutenant
1296 governor shall:
1297 (a) send a messenger to the clerk of the board of county canvassers of the delinquent
1298 county;

1299 (b) instruct the messenger to demand a certified copy of the board of canvasser's report
1300 required by Section 20A-4-304 from the clerk; and
1301 (c) pay the messenger the per diem provided by law as compensation.
1302 (4) The state board of canvassers may not withhold the declaration of the result or any
1303 certificate of election because of any defect or informality in the returns of any election if the board
1304 can determine from the returns, with reasonable certainty, what office is intended and who is
1305 elected to it.
1306 (5) (a) At noon on the third Monday after the regular primary election, the lieutenant
1307 governor shall:
1308 (i) canvass the returns for all multicounty candidates required to file with the office of the
1309 lieutenant governor; and
1310 (ii) publish and file the results of the canvass in the lieutenant governor's office.
1311 (b) The lieutenant governor shall certify the results of the primary canvass to the county
1312 clerks not later than the August 1 after the primary election.
1313 (6) (a) At noon on the third Thursday after the Western States Presidential Primary
1314 election, the lieutenant governor shall:
1315 (i) canvass the returns; and
1316 (ii) publish and file the results of the canvass in the lieutenant governor's office.
1317 (b) The lieutenant governor shall certify the results of the Western States Presidential
1318 Primary canvass to each registered political party that participated in the primary not later than the
1319 April 15 after the primary election.
1320 (7) Within five days of the final canvass, the lieutenant governor shall publish each filed
1321 report required by this section:
1322 (a) in a newspaper of general circulation in each county; and
1323 (b) on the Internet.
1324 (8) The board of canvassers shall allow canvassing poll watchers appointed as provided
1325 in Section 20A-3-201 to be present to inspect the condition of the election returns, the counting
1326 of absentee ballots, the tallying of vote totals, recounts, and any other proceedings that occur
1327 during the canvass.
1328 Section 22. Section 20A-4-401 is amended to read:
1329 20A-4-401. Recounts -- Procedure.

1330 (1) (a) (i) For any regular primary, regular general, or municipal general election, or the
1331 Western States Presidential primary, [when any candidate loses by not more than a total of one
1332 vote per voting precinct,] the losing candidate may file a request for a recount with the appropriate
1333 election officer within seven days after the canvass if:
1334 (A) the candidate lost by less than 1% of the total votes cast for that race;
1335 (B) a precinct's printed return from the electronic, computerized, or automated vote system
1336 did not match within 1% of the hand counted audit results for that individual precinct conducted
1337 under Section 20A-4-104.1 ; or
1338 (C) a total votes cast form certified in the precinct did not match within 1% of the hand
1339 counted audit results for that individual precinct conducted under Section 20A-4-104.1 .
1340 (ii) For any municipal primary election, [when any candidate loses by not more than a total
1341 of one vote per voting precinct, the] any losing candidate may file a request for a recount with the
1342 appropriate election officer within three days after the canvass if:
1343 (A) the candidate lost by less than 1% of the total votes cast for that race;
1344 (B) a precinct's printed return from the electronic, computerized, or automated vote system
1345 did not match within 1% of the hand counted audit results for that individual precinct conducted
1346 under Section 20A-4-104.1 ; or
1347 (C) a total votes cast form certified in the precinct did not match within 1% of the hand
1348 counted audit results for that individual precinct conducted under Section 20A-4-104.1 .
1349 (b) The election officer shall:
1350 (i) supervise the recount;
1351 (ii) recount all ballots cast for that office by hand, using counting judges, if they were
1352 appointed under Section 20A-5-602.2 , or, if they were not appointed, or additional judges are
1353 needed, using election judges appointed under Section 20A-5-601 or 20A-5-602 ;
1354 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
1355 3; [and]
1356 (iv) declare elected the person receiving the highest number of votes on the recount; and
1357 (v) allow canvassing poll watchers appointed as provided in Section 20A-3-201 to be
1358 present to inspect the condition of the election returns, the counting of absentee ballots, the tallying
1359 of vote totals, and any other proceedings that occur during the recount.
1360 (2) (a) Any ten voters who voted in an election when any ballot proposition was on the

1361 ballot may file a request for a recount with the appropriate election officer within seven days of
1362 the canvass if:
1363 (i) the ballot proposition lost by less than 1% of the total votes cast for that proposition;
1364 (ii) a precinct's printed return from the electronic, computerized, or automated vote system
1365 did not match within 1% of the hand counted audit results for that individual precinct conducted
1366 under Section 20A-4-104.1 ; or
1367 (iii) a total votes cast form certified in the precinct did not match within 1% of the hand
1368 counted audit results for that individual precinct conducted under Section 20A-4-104.1 .
1369 (b) The election officer shall:
1370 (i) supervise the recount;
1371 (ii) recount all ballots cast for that [ballot proposition] ballot proposition by hand, using
1372 counting judges, if they were appointed under Section 20A-5-602.2 , or, if they were not appointed,
1373 or additional judges are needed, using election judges appointed under Section 20A-5-601 or
1374 20A-5-602 ;
1375 (iii) reexamine all unopened absentee ballots to ensure compliance with Chapter 3, Part
1376 3; [and]
1377 (iv) declare the ballot proposition to have "passed" or "failed" based upon the results of
1378 the recount; and
1379 (v) allow canvassing poll watchers appointed as provided in Section 20A-3-201 to be
1380 present to inspect the condition of the election returns, the counting of absentee ballots, the tallying
1381 of vote totals, and any other proceedings that occur during the recount.
1382 (c) Proponents and opponents of the ballot proposition may designate representatives to
1383 witness the recount.
1384 [(d) The person or entity requesting the recount shall pay the costs of the recount.]
1385 (3) Costs incurred by recount under Subsection (1) or (2) may not be assessed against the
1386 person requesting the recount.
1387 Section 23. Section 20A-5-302 is amended to read:
1388 20A-5-302. Automated voting system.
1389 (1) Any county or municipal legislative body or special district board may:
1390 (a) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
1391 automated voting system that meets the requirements of this section; and

1392 (b) use that system in any election, in all or a part of the voting precincts within its
1393 boundaries, or in combination with paper ballots.
1394 (2) (a) Each automated voting system shall:
1395 (i) provide for voting in secrecy, except in the case of voters who have received assistance
1396 as authorized by Section 20A-3-108 ;
1397 (ii) permit each voter at any election to:
1398 (A) vote for all persons and offices for whom and for which that voter is lawfully entitled
1399 to vote;
1400 (B) vote for as many persons for an office as that voter is entitled to vote; and
1401 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
1402 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
1403 candidates of that party for president, vice president, and for their presidential electors;
1404 (iv) permit each voter, at any regular general election, to vote for all the candidates of one
1405 registered political party by making one mark or punch;
1406 (v) permit each voter to scratch vote;
1407 (vi) at elections other than primary elections, permit each voter to vote for the nominees
1408 of one or more parties and for independent candidates;
1409 (vii) at primary elections:
1410 (A) permit each voter to vote for candidates of the political party of his choice; and
1411 (B) reject any votes cast for candidates of another party;
1412 (viii) prevent the voter from voting for the same person more than once for the same
1413 office;
1414 (ix) include automatic tabulating equipment that rejects choices recorded on a voter's ballot
1415 if the number of the voter's recorded choices is greater than the number which the voter is entitled
1416 to vote for the office or on the measure;
1417 (x) be of durable construction, suitably designed so that it may be used safely, efficiently,
1418 and accurately in the conduct of elections and counting ballots; [and]
1419 (xi) when properly operated, record correctly and count accurately each vote cast[.];
1420 (xii) produce a hard copy ballot that has the official endorsement and that can be hand
1421 counted for secondary verification, audits, and recounts;
1422 (xiii) when used at a counting or collection center, print an election return for each

1423 individual precinct;
1424 (xiv) when used at a precinct, print an election return for that individual precinct; and
1425 (xv) not contain internal or external modems or other technology used to communicate
1426 electronically over a computer network, telephone lines, cellular telephone, radio, or other
1427 communication technology.
1428 (b) Notwithstanding any other provisions of this section, the election officers shall ensure
1429 that the ballots to be counted by means of electronic or electromechanical devices are of a size,
1430 layout, texture, and printed in a type of ink or combination of inks that will be suitable for use in
1431 the counting devices in which they are intended to be placed.
1432 Section 24. Section 20A-5-302.1 is enacted to read:
1433 20A-5-302.1. Electronic, computerized or automated voting systems.
1434 (1) Each electronic, computerized, or automated voting system that any county or
1435 municipal legislative body or special service district board chooses to use shall:
1436 (a) produce a hard copy ballot that:
1437 (i) has the official endorsement;
1438 (ii) can be hand counted for secondary verification of the results, audits, and recounts;
1439 (iii) the voter can use to verify his voting intent;
1440 (iv) must be deposited by the voter in a ballot box for his precinct; and
1441 (v) can be hand counted when Section 20A-5-602 applies;
1442 (b) before the vote system records the vote, allow the voter to revote if the hard copy ballot
1443 produced does not correctly show the voter's intent, and, after the revote, produces a new hard copy
1444 ballot for the voter to again verify as his intent;
1445 (c) record undervotes and overvotes for each race and ballot proposition;
1446 (d) print an election return for each individual precinct when used at a central counting
1447 center, and print an election return for the precinct if used at the precinct;
1448 (e) not contain internal and external modems or other technology used to communicate
1449 electronically over a computer network, telephone lines, cellular telephone, radio, or other
1450 communication technology; and
1451 (f) conform to the requirements of Section 20-5-302 that do not conflict with this section.
1452 (2) The requirements of this section exclude vote systems purchased before January 1,
1453 2001, but not when those systems are upgraded and the upgrade options from the vendor include

1454 any of the features required by this section.
1455 Section 25. Section 20A-5-303 is amended to read:
1456 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
1457 Common polling places -- Combined voting precincts -- Counties.
1458 (1) The county legislative body may establish, divide, abolish, and change voting precincts.
1459 (2) (a) The county legislative body shall alter or divide voting precincts so that each voting
1460 precinct contains not more than 1,000 active voters.
1461 (b) The county legislative body shall:
1462 (i) identify those precincts that may reach 1,000 active voters or become too large to
1463 facilitate the election process; and
1464 (ii) divide those precincts before February 1.
1465 (3) The county legislative body may not:
1466 (a) establish or abolish any voting precinct after February 1, of a regular general election
1467 year; or
1468 (b) alter or change the boundaries of any voting precinct after February 1, of a regular
1469 general election year.
1470 (4) For the purpose of balloting on regular primary or regular general election day, the
1471 county legislative body may establish a common polling place for two or more whole voting
1472 precincts according to the following requirements:
1473 (a) the total population of the voters authorized to vote at the common polling place may
1474 not exceed 3,000 active voters;
1475 (b) the voting precincts voting at the common polling place shall all lie within the same
1476 legislative district; [and]
1477 (c) the voting precincts voting at, and the location of, the common polling place shall be
1478 designated at least 90 days before the election; and
1479 (d) except as provided in Subsection (5), each voting precinct shall have a separate ballot
1480 box.
1481 (5) In addition to the authorizations contained in Subsection (4), in regular primary
1482 elections only, the county legislative body may combine voting precincts and use one set of
1483 election judges for the combined precincts if the ballots for each of the combined precincts are
1484 identical.

1485 Section 26. Section 20A-5-401 is amended to read:
1486 20A-5-401. Official register and posting book -- Preparation -- Contents.
1487 (1) (a) Before the registration days for each regular general, municipal general, regular
1488 primary, municipal primary, or Western States Presidential Primary election, each county clerk
1489 shall prepare an official register and posting list of voters for each voting precinct that will
1490 participate in the election.
1491 (b) The county clerk shall ensure that the official register and posting list are bound or
1492 loose leaf books prepared for the alphabetical entry of names and ruled in columns of suitable
1493 dimensions to provide for the following entries:
1494 (i) registered voter's name;
1495 (ii) party affiliation;
1496 (iii) grounds for challenge;
1497 (iv) name of person challenging a voter;
1498 (v) ballot numbers, primary, November, special;
1499 (vi) date of birth;
1500 (vii) place of birth;
1501 (viii) place of current residence;
1502 (ix) street address;
1503 (x) zip code; [and]
1504 (xi) space for the voter to sign his name for each election[.]; and
1505 (xii) space for the election judge or election officer to mark that the voter voted by
1506 absentee ballot and where the absentee ballot was processed.
1507 (c) When preparing the official register and posting list for the Western States Presidential
1508 Primary, the county clerk shall include:
1509 (i) a column to record the name of the political party whose ballot the voter voted; and
1510 (ii) a column for the election judge to record changes in the voter's party affiliation.
1511 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
1512 elections, special district elections, and bond elections, the county clerk shall make an official
1513 register and posting list only for voting precincts affected by the primary, municipal, special
1514 district, or bond election.
1515 (ii) Each county clerk, with the assistance of the clerk of each affected special district, shall

1516 provide a detailed map or an indication on the registration list or other means to enable an election
1517 judge to determine the voters entitled to vote at an election of special district officers.
1518 (b) Municipalities shall pay the costs of making the official register and posting list for
1519 municipal elections.
1520 Section 27. Section 20A-5-403 is amended to read:
1521 20A-5-403. Polling places -- Booths -- Ballot boxes -- Provisions -- Arrangements.
1522 (1) Each election officer shall:
1523 (a) designate polling places for each voting precinct in the jurisdiction; and
1524 (b) obtain the approval of the county or municipal legislative body or special district
1525 governing board for those polling places.
1526 (2) (a) For each polling place, the election officer shall provide:
1527 (i) an American flag;
1528 (ii) a sufficient number of voting booths or compartments;
1529 (iii) the voting devices, voting booths, ballots, ballot boxes, ballot labels, ballot cards,
1530 write-in ballots, and any other records and supplies necessary to enable a voter to vote; and
1531 (iv) the constitutional amendment cards and voter information pamphlets required by Part
1532 1.
1533 (b) Each election officer shall ensure that:
1534 (i) each voting booth is at least three feet square, contains a shelf that is at least one foot
1535 wide extending across one side of the booth at a convenient height for writing, and is arranged so
1536 that the voter can prepare his ballot screened from observation;
1537 (ii) there is at least one voting booth for every 100 voters who voted at the last similar
1538 election in the voting precinct; and
1539 (iii) there is at least one voting booth that is configured to accommodate persons with
1540 disabilities.
1541 (c) Each county clerk shall provide a ballot box for each [polling place] precinct or
1542 combined precinct that is large enough to properly receive and hold the ballots to be cast.
1543 (3) The municipality in which the election is held shall pay the cost of conducting each
1544 municipal election, including the cost of printing and supplies.
1545 (4) The county clerk shall make detailed entries of all proceedings had under this chapter.
1546 Section 28. Section 20A-5-403.1 is enacted to read:

1547 20A-5-403.1. Hand auditing at counting centers or collection centers -- Forms,
1548 arrangements, provisions.
1549 (1) For each election that is hand audited as required by Section 20A-4-104.1 , the election
1550 officer shall provide:
1551 (a) counting stations for each group of counting judges that have:
1552 (i) tables that are approximately 36 inches by 84 inches in table surface area or similar;
1553 (ii) no drapes or table cloths on or attached to the tables;
1554 (iii) multiple tables provided to supply as many counting stations as needed for each
1555 counting group; and
1556 (iv) chairs for each counting judge;
1557 (b) counting supplies for each counting group to include:
1558 (i) a ballot card reference key for each counting station that identifies the candidates and
1559 ballot propositions by the race category and the corresponding punch number on the ballot card,
1560 or, for any other type of hard copy ballot used, a similar type of reference key, if needed, for each
1561 precinct counted;
1562 (ii) tally sheets for each counting station, for each precinct counted;
1563 (iii) total votes cast forms for each precinct counted;
1564 (iv) the means to make photocopies of the forms, printed returns, and final tally sheet; and
1565 (v) any other necessary items to complete the counting.
1566 (2) The election officer shall:
1567 (a) allow counting judges to bring their own food and drinks to sustain them throughout
1568 the process; and
1569 (b) allow them to take a break if the majority desires for refreshment or personally for
1570 necessity.
1571 Section 29. Section 20A-5-404 is amended to read:
1572 20A-5-404. Election forms -- Preparation and contents.
1573 (1) (a) For each election, the election officer shall prepare, for each voting precinct, a:
1574 (i) ballot disposition form;
1575 (ii) total votes cast form;
1576 (iii) tally sheet form; and
1577 (iv) pollbook.

1578 (b) For each election, the election officer shall:
1579 (i) provide a copy of each form to each of those precincts using paper ballots; and
1580 (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting
1581 precincts using an automated voting system.
1582 (2) The election officer shall ensure that the ballot disposition form contains a space for
1583 the judges to identify:
1584 (a) the number of ballots voted;
1585 (b) the number of substitute ballots voted, if any;
1586 (c) the number of ballots delivered to the voters;
1587 (d) the number of spoiled ballots;
1588 (e) the number of registered voters listed in the official register;
1589 (f) the total number of voters voting according to the pollbook; [and]
1590 (g) the number of unused ballots[.];
1591 (h) the number of ballots delivered to the receiving judges by the elections officer;
1592 (i) the number of absentee ballots delivered to the judges by the elections officer;
1593 (j) the number of ballots voted;
1594 (k) the number of provisional ballots cast; and
1595 (l) a certification, in substantially the following form, to be signed and initialed by the
1596 judges when they have completed the ballot disposition form:
1597 "BALLOT DISPOSITION
1598 At an election held at_____________ in ________________voting precinct in
1599 ___________________(name of entity holding the election, Utah on _____________(month, day,
1600 year), the disposition of ballots is as follows:
1601 Certified by us (signature and initials)___________,___________,___________, Judges
1602 of Election."
1603 (3) The election officer shall ensure that the total votes cast form contains:
1604 (a) the name of each candidate appearing on the ballot, the office for which the candidate
1605 is running, and a blank space for the election judges to record the number of votes that the
1606 candidate received;
1607 (b) for each office, blank spaces for the election judges to record the names of write-in
1608 candidates, if any, and a blank space for the election judges to record the number of votes that the

1609 write-in candidate received;
1610 (c) a heading identifying each ballot proposition and blank spaces for the election judges
1611 to record the number of votes for and against each proposition; and
1612 (d) a certification, in substantially the following form, to be signed by the judges when
1613 they have completed the total votes cast form:
1614 "TOTAL VOTES CAST
1615 At an election held at ____ in ____ voting precinct in ____________(name of entity
1616 holding the election) and State of Utah, on __________(month\day\year), the following named
1617 persons received the number of votes annexed to their respective names for the following
1618 described offices: Total number of votes cast were as follows:
1619 Certified by us ____, ____, ____, Judges of Election.
1620 Certified by us ____, ____, ____, ____, ____, ____, Judges at Hand Audit."
1621 (4) The election officer shall ensure that the tally sheet form contains:
1622 (a) for each office, the names of the candidates for that office, and blank spaces to tally the
1623 votes that each candidate receives;
1624 (b) for each office, blank spaces for the election judges to record the names of write-in
1625 candidates, if any, and a blank space for the election judges to tally the votes for each write-in
1626 candidate;
1627 (c) for each ballot proposition, a heading identifying the ballot proposition and the words
1628 "Yes" and "No" or "For" and "Against" on separate lines with blank spaces after each of them for
1629 the election judges to tally the ballot proposition votes; and
1630 (d) a certification, in substantially the following form, to be signed by the judges when
1631 they have completed the tally sheet form:
1632 "Tally Sheet
1633 We the undersigned election judges for voting precinct #________________,
1634 _______________(entity holding the election) certify that this is a true and correct list of all
1635 persons voted for and ballot propositions voted on at the election held in that voting precinct on
1636 _______________________(date of election) and is a tally of the votes cast for each of those
1637 persons. Certified by us ____, ____, ____, Judges of Election."
1638 (5) The election officer shall ensure that the pollbook:
1639 (a) identifies the voting precinct number on its face; and

1640 (b) contains:
1641 (i) a section to record persons voting on election day, with columns entitled "Ballot
1642 Number" and "Voter's Name";
1643 (ii) another section in which to record absentee ballots;
1644 (iii) a section in which to record voters who are challenged; and
1645 (iv) a certification, in substantially the following form:
1646 "We, the undersigned, judges of an election held at ______ voting precinct, in _______
1647 County, state of Utah, on __________(month\day\year), having first been sworn according to law,
1648 certify that the information listed in this book is a true statement of the number and names of the
1649 persons voting in the voting precinct at the election, and that the total number of persons voting
1650 at the election was ____."
1651

_____________________________

1652

_____________________________

1653

_____________________________

1654

Judges of Election

1655 Section 30. Section 20A-5-602.2 is enacted to read:
1656 20A-5-602.2. Volunteer counting judges to random hand count the ballots and audit
1657 the election returns at the counting centers or collection centers.
1658 (1) For any regular general or primary election, Western States Presidential Primary
1659 election, municipal or special service district election, special election, or bond election, the
1660 election officer shall:
1661 (a) allow any groups of registered voters within the election officer's jurisdiction to request
1662 to random hand audit no more than 10% of the total votes cast or not more than 10% of the total
1663 number of precincts or combined precincts within the election officer's jurisdiction; or
1664 (b) if 10% of the total number of precincts in the election officer's jurisdiction is less than
1665 four, allow the groups to audit up to four precincts total.
1666 (2) A registered voter from the group shall:
1667 (a) notify the elections officer of his intent to hand audit at least 30 days but not more than
1668 45 days before the election, or within ten days of the published notice of elections if the notice is
1669 published less than 30 days before the election; and
1670 (b) provide an affidavit to the elections officer that identifies:

1671 (i) the names of registered voters that will volunteer to serve as counting judges for that
1672 group;
1673 (ii) the names of two or more additional registered voters that will volunteer to serve as
1674 supervising counting judges to supervise the counting process for that group; and
1675 (iii) if possible, the names of up to five more registered voters that will volunteer to serve
1676 as alternates if needed.
1677 (3) Upon notification, the elections officer or his assignee shall give a photocopy of the
1678 affidavit back to the counting group stamped with the date and time and signed by the elections
1679 officer or his assignee.
1680 (4) The groups shall:
1681 (a) consist of citizens from different political parties, if possible;
1682 (b) have one supervising counting judge oversee up to three counting stations, with each
1683 counting station having one counting team of two counting judges;
1684 (c) consist of no less than four counting stations; and
1685 (d) consist of ten citizens or more.
1686 (5) (a) If multiple groups request to audit the election returns, they shall be accommodated
1687 on a first come, first served basis, but the number of groups allowed to audit shall be sufficient to
1688 count the percentage desired by the groups up to 10%; and
1689 (b) each groups' members shall be allowed to stay together and function separate of other
1690 groups.
1691 (6) (a) The elections officer shall provide mandatory training for the supervising counting
1692 judges at least 14 days before the election, or, if the judge has received training for this position
1693 in the past, the election officer may choose not to require previously trained persons to attend.
1694 (b) No later than Saturday before the election, the supervising counting judges shall train
1695 the other counting judges in their group, or, if a counting judge has received training for this
1696 position in the past, the election officer may choose not to require previously trained persons to
1697 attend.
1698 (c) The election officer shall provide sample training aids, including ballots, absentee
1699 ballots, write-in vote jackets, ballot reference keys, tally sheets, ballot disposition form, and total
1700 votes cast form.
1701 (7) The counting judges appointed under this section are volunteers and may not be paid.

1702 Section 31. Section 20A-5-605 is amended to read:
1703 20A-5-605. Duties of election judges on election day.
1704 (1) (a) Receiving judges shall arrive at the polling place 30 minutes before the polls open
1705 and remain until the official election returns are prepared for delivery.
1706 (b) Counting judges shall be at the polls as directed by the election officer and remain until
1707 the official election returns are prepared for delivery.
1708 (2) Upon their arrival to open the polls, each set of election judges shall:
1709 (a) designate which judge shall preside and which judges shall act as clerks;
1710 (b) in voting precincts using paper ballots, ballot cards, or other hard copy ballots, select
1711 [one] two of their number, each from a different political party, to deliver the election returns to
1712 the election officer or to the place that the election officer designates;
1713 (c) in voting precincts using ballot cards, select two of their number, each from a different
1714 party, to deliver the election returns to the election officer or to the place that the election officer
1715 designates;
1716 (d) display the United States flag;
1717 (e) open the voting devices and examine them to see that they are in proper working order;
1718 (f) place the voting devices, voting booths, and the ballot box in plain view of election
1719 judges and watchers;
1720 (g) open the ballot packages in the presence of all the judges;
1721 (h) check the ballots, supplies, records, and forms;
1722 (i) if directed to do so by the election officer, make any necessary corrections to the official
1723 ballots before they are distributed at the polls;
1724 (j) post the sample ballots, instructions to voters, and constitutional amendments, if any;
1725 (k) hang the posting list near the polling place entrance; and
1726 (l) open the ballot box in the presence of those assembled, turn it upside down to empty
1727 it of anything, and then, immediately before polls open, lock it, or if locks and keys are not
1728 available, tape it securely.
1729 (3) (a) If any election judge fails to appear on the morning of the election, or fails or
1730 refuses to act, at least six qualified electors from the voting precinct who are present at the polling
1731 place at the hour designated by law for the opening of the polls shall fill the vacancy by appointing
1732 another qualified person from the voting precinct who is a member of the same political party as

1733 the judge who is being replaced to act as election judge.
1734 (b) If a majority of the receiving election judges are present, they shall open the polls, even
1735 though the alternate judge has not arrived.
1736 (4) (a) If it is impossible or inconvenient to hold an election at the polling place
1737 designated, the election judges, after having assembled at or as near as practicable to the
1738 designated place, and before receiving any vote, may move to the nearest convenient place for
1739 holding the election.
1740 (b) If the judges move to a new polling place, they shall display a proclamation of the
1741 change and station a peace officer or some other proper person at the original polling place to
1742 notify voters of the location of the new polling place.
1743 (5) If the election judge who received delivery of the ballots produces packages of
1744 substitute ballots accompanied by a written and sworn statement of the election officer that the
1745 ballots are substitute ballots because the original ballots were not received, were destroyed, or were
1746 stolen, the election judges shall use those substitute ballots as the official election ballots.
1747 (6) If, for any reason, none of the official or substitute ballots are ready for distribution at
1748 a polling place or, if the supply of ballots is exhausted before the polls are closed, the election
1749 judges may use unofficial ballots, made as nearly as possible in the form of the official ballot, until
1750 substitutes prepared by the election officer are printed and delivered.
1751 (7) When it is time to open the polls, one of the election judges shall announce that the
1752 polls are open as required by Section 20A-1-302 .
1753 (8) (a) The election judges shall comply with the voting procedures and requirements of
1754 Title 20A, Chapter 3, Voting in allowing people to vote.
1755 (b) The election judges may not allow any person, other than election officials and those
1756 admitted to vote, within six feet of voting machines, voting booths, and the ballot box.
1757 (c) Besides the election judges and watchers, the election judges may not allow more than
1758 four voters in excess of the number of voting booths provided within six feet of voting machines,
1759 voting booths, and the ballot box.
1760 (d) If necessary, the election judges shall instruct each voter about how to operate the
1761 voting device before the voter enters the voting booth.
1762 (e) (i) If the voter requests additional instructions after entering the voting booth, two
1763 election judges may, if necessary, enter the booth and give the voter additional instructions.

1764 (ii) In regular general elections and regular primary elections, the two election judges who
1765 enter the voting booth to assist the voter shall be of different political parties.
1766 Section 32. Section 20A-6-102 is amended to read:
1767 20A-6-102. General requirements for machine-counted ballots.
1768 (1) Each election officer shall ensure that ballot labels are printed:
1769 (a) to a size and arrangement that fits the construction of the voting device; and
1770 (b) in plain, clear type in black ink on clear white stock; or
1771 (c) in plain, clear type in black ink on stock of different colors if it is necessary to:
1772 (i) identify different ballots or parts of the ballot; or
1773 (ii) differentiate between political parties.
1774 (2) Each election officer shall ensure that:
1775 (a) ballot cards are of a size, design, and stock suitable for processing by automatic data
1776 processing machines;
1777 (b) each ballot card has an attached perforated stub, on which is printed the words "Official
1778 Ballot, [(initial) Judge] Two Judges' Initials __________, __________"; [and]
1779 (c) ballot stubs are numbered consecutively; and
1780 (d) each ballot card has the words "Two Judges' Initials __________, __________" printed
1781 on it, which shall remain on the ballot card.
1782 (3) In elections in which voters are authorized to cast write-in votes, the election officer
1783 shall provide a separate write-in ballot, which may be in the form of a paper ballot, a card, or a
1784 secrecy envelope in which the voter places his ballot card after voting, to permit voters to write in
1785 the title of the office and the name of the person or persons for whom the voter wishes to cast a
1786 write-in vote.
1787 (4) Notwithstanding any other provisions of this section, the election officer may authorize
1788 any ballots that are to be counted by means of electronic or electromechanical devices to be printed
1789 to a size, layout, texture, and in any type of ink or combination of inks that will be suitable for use
1790 in the counting devices in which they are intended to be placed.
1791 Section 33. Section 20A-6-301 is amended to read:
1792 20A-6-301. Paper ballots -- Regular general election.
1793 (1) Each election officer shall ensure that:
1794 (a) all ballots furnished for use at the regular general election contain no captions or other

1795 endorsements except as provided in this section;
1796 (b) (i) the ballot contains a ballot stub at least one inch wide, placed across the top of the
1797 ballot, and divided from the rest of ballot by a perforated line;
1798 (ii) the ballot number and the words "[Judge's Initial ____] Two Judges' Initials
1799 __________, __________" are printed on the stub; and
1800 (iii) ballot stubs are numbered consecutively;
1801 (c) immediately below the perforated ballot stub, the following endorsements are printed
1802 in 18-point bold type:
1803 (i) "Official Ballot for ____ County, Utah";
1804 (ii) the date of the election; and
1805 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
1806 (d) each ticket is placed in a separate column on the ballot in the order determined by the
1807 election officer with the party emblem, followed by the party name, at the head of the column;
1808 (e) the party name or title is printed in capital letters not less than 1/4 of an inch high;
1809 (f) a circle 1/2 inch in diameter is printed immediately below the party name or title, and
1810 the top of the circle is placed not less than two inches below the perforated line;
1811 (g) unaffiliated candidates and candidates not affiliated with a registered political party are
1812 listed in one column, without a party circle, with the following instructions printed at the head of
1813 the column: "All candidates not affiliated with a political party are listed below. They are to be
1814 considered with all offices and candidates listed to the left. Only one vote is allowed for each
1815 office.";
1816 (h) the columns containing the lists of candidates, including the party name and device,
1817 are separated by heavy parallel lines;
1818 (i) the offices to be filled are plainly printed immediately above the names of the
1819 candidates for those offices;
1820 (j) the names of candidates are printed in capital letters, not less than 1/8 nor more than
1821 1/4 of an inch high in heavy-faced type not smaller than ten-point, between lines or rules 3/8 of
1822 an inch apart;
1823 (k) a square with sides measuring not less than 1/4 of an inch in length is printed at the
1824 right of the name of each candidate;
1825 (l) for the offices of president and vice president and governor and lieutenant governor,

1826 one square with sides measuring not less than 1/4 of an inch in length is printed opposite a double
1827 bracket enclosing the right side of the names of the two candidates;
1828 (m) immediately to the right of the unaffiliated ticket on the ballot, the ballot contains a
1829 write-in column long enough to contain as many written names of candidates as there are persons
1830 to be elected with:
1831 (i) the offices to be filled printed above the blank spaces on the ticket; and
1832 (ii) the words "Write-In Voting Column" printed at the head of the column without a 1/2
1833 inch circle;
1834 (n) when required, the ballot includes a nonpartisan ticket placed immediately to the right
1835 of the write-in ticket with the word "NONPARTISAN" in reverse type in an 18-point solid rule
1836 running vertically the full length of the nonpartisan ballot copy; [and]
1837 (o) constitutional amendments or other questions submitted to the vote of the people, are
1838 printed on the ballot after the list of candidates; and
1839 (p) each ballot has the words "Two Judges' Initials __________, __________" printed on
1840 it, which shall remain on the paper ballot.
1841 (2) Each election officer shall ensure that:
1842 (a) each person nominated by any political party or group of petitioners is placed on the
1843 ballot:
1844 (i) under the party name and emblem, if any; or
1845 (ii) under the title of the party or group as designated by them in their certificates of
1846 nomination or petition, or, if none is designated, then under some suitable title;
1847 (b) the names of all unaffiliated candidates that qualify as required in Title 20A, Chapter
1848 9, Part 5, Candidates not Affiliated with a Party, are placed on the ballot;
1849 (c) the names of the candidates for president and vice president are used on the ballot
1850 instead of the names of the presidential electors; and
1851 (d) the ballots contain no other names.
1852 (3) When the ballot contains a nonpartisan section, the election officer shall ensure that:
1853 (a) the designation of the office to be filled in the election and the number of candidates
1854 to be elected are printed in type not smaller than eight-point;
1855 (b) the words designating the office are printed flush with the left-hand margin;
1856 (c) the words, "Vote for one" or "Vote for two or more" extend to the extreme right of the

1857 column;
1858 (d) the nonpartisan candidates are grouped according to the office for which they are
1859 candidates;
1860 (e) the names in each group are placed in alphabetical order with the surnames last, except
1861 for candidates for the State Board of Education and local school boards;
1862 (f) the names of candidates for the State Board of Education are placed on the ballot as
1863 certified by the lieutenant governor under Section 20A-14-105 ;
1864 (g) if candidates for membership on a local board of education were selected in a primary
1865 election, the name of the candidate who received the most votes in the primary election is listed
1866 first on the ballot;
1867 (h) if candidates for membership on a local board of education were not selected in the
1868 primary election, the names of the candidates are listed on the ballot in the order determined by
1869 a lottery conducted by the county clerk; and
1870 (i) each group is preceded by the designation of the office for which the candidates seek
1871 election, and the words, "Vote for one" or "Vote for two or more," according to the number to be
1872 elected.
1873 (4) Each election officer shall ensure that:
1874 (a) proposed amendments to the Utah Constitution are listed on the ballot under the
1875 heading "Constitutional Amendment Number __" with the number of the constitutional
1876 amendment as assigned under Section 20A-7-103 placed in the blank;
1877 (b) propositions submitted to the voters by the Utah Legislature are listed on the ballot
1878 under the heading "State Proposition Number __" with the number of the state proposition as
1879 assigned under Section 20A-7-103 placed in the blank;
1880 (c) propositions submitted to the voters by a county are listed on the ballot under the
1881 heading "County Proposition Number __" with the number of the county proposition as assigned
1882 by the county legislative body placed in the blank;
1883 (d) propositions submitted to the voters by a school district are listed on the ballot under
1884 the heading "School District Proposition Number __" with the number of the school district
1885 proposition as assigned by the county legislative body placed in the blank;
1886 (e) state initiatives that have qualified for the ballot are listed on the ballot under the
1887 heading "Citizen's State Initiative Number __" with the number of the state initiative as assigned

1888 by Section 20A-7-209 placed in the blank;
1889 (f) county initiatives that have qualified for the ballot are listed on the ballot under the
1890 heading "Citizen's County Initiative Number __" with the number of the county initiative as
1891 assigned under Section 20A-7-508 placed in the blank;
1892 (g) state referenda that have qualified for the ballot are listed on the ballot under the
1893 heading "Citizen's State Referendum Number __" with the number of the state referendum as
1894 assigned under Sections 20A-7-209 and 20A-7-308 placed in the blank; and
1895 (h) county referenda that have qualified for the ballot are listed on the ballot under the
1896 heading "Citizen's County Referendum Number __" with the number of the county referendum as
1897 assigned under Section 20A-7-608 placed in the blank.
1898 Section 34. Section 20A-6-401 is amended to read:
1899 20A-6-401. Ballots for municipal primary elections.
1900 (1) Each election officer shall ensure that:
1901 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across the
1902 top of the ballot;
1903 (ii) the ballot number and the words "[Judge's Initial ____] Two Judges' Initials
1904 __________, __________" are printed on the stub; and
1905 (iii) ballot stubs are numbered consecutively;
1906 (b) immediately below the perforated ballot stub, the following endorsements are printed
1907 in 18-point bold type:
1908 (i) "Official Primary Ballot for ____ (City or Town), Utah";
1909 (ii) the date of the election; and
1910 (iii) a facsimile of the signature of the election officer and the election officer's title in
1911 eight-point type; [and]
1912 (c) immediately below the election officer's title, two one-point parallel horizontal rules
1913 separate endorsements from the rest of the ballot;
1914 (d) immediately below the horizontal rules, an "Instructions to Voters" section is printed
1915 in ten-point bold type that states: "To vote for a candidate, place a cross (X) in the square following
1916 the name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by
1917 two one-point parallel rules;
1918 (e) after the rules, the designation of the office for which the candidates seek nomination

1919 is printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more"
1920 are printed to extend to the extreme right of the column in ten-point bold type, followed by a
1921 hair-line rule;
1922 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
1923 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and
1924 grouped according to the office that they seek;
1925 (g) a square with sides not less than 1/4 inch long is printed to the right of the names of
1926 the candidates; [and]
1927 (h) the candidate groups are separated from each other by one light and one heavy line or
1928 rule; and
1929 (i) each ballot has the words "Two Judges' Initials __________, __________" printed on
1930 it, which shall remain on the ballot.
1931 (2) A municipal primary ballot may not contain any space for write-in votes.
1932 Section 35. Section 20A-6-401.1 is amended to read:
1933 20A-6-401.1. Ballots for partisan municipal primary elections.
1934 (1) If a municipality is using paper ballots, each election officer shall ensure that:
1935 (a) all paper ballots furnished for use at the regular primary election:
1936 (i) are perforated to separate the candidates of one political party from those of the other
1937 political parties so that the voter may separate the part of the ballot containing the names of the
1938 political party of the voter's choice from the rest of the ballot;
1939 (ii) have sides that are perforated so that the outside sections of the ballot, when detached,
1940 are similar in appearance to the inside sections of the ballot when detached; and
1941 (iii) contain no captions or other endorsements except as provided in this section;
1942 (b) the names of all candidates from each party are listed on the same ballot in one or more
1943 columns under their party name and emblem;
1944 (c) the political parties are printed on the ballot in the order determined by the county
1945 clerk;
1946 (d) (i) the ballot contains a ballot stub that is at least one inch wide, placed across the top
1947 of the ballot;
1948 (ii) the ballot number and the words ["Judge's Initials ____" are printed on the stub] "Two
1949 Judges' Initials __________, ________ " are printed on the stub; and

1950 (iii) ballot stubs are numbered consecutively;
1951 (e) immediately below the perforated ballot stub, the following endorsements are printed
1952 in 18-point bold type:
1953 (i) "Official Primary Ballot for ____ County, Utah";
1954 (ii) the date of the election; and
1955 (iii) a facsimile of the signature of the county clerk and the words "county clerk";
1956 (f) after the facsimile signature, the political party emblem and the name of the political
1957 party are printed;
1958 (g) after the party name and emblem, the ballot contains the following printed in not
1959 smaller than ten-point bold face, double leaded type: "Instructions to Voters: To vote for a
1960 candidate, place a cross (X) in the square at the right of the name of the person for whom you wish
1961 to vote and in no other place. Do not vote for any candidate listed under more than one party or
1962 group designation.", followed by two one-point parallel horizontal rules;
1963 (h) after the rules, the designation of the office for which the candidates seek nomination
1964 is printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more"
1965 are printed to extend to the extreme right of the column in ten-point bold type, followed by a
1966 hair-line rule;
1967 (i) after the hair-line rule, the names of the candidates are printed in heavy face type
1968 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and
1969 grouped according to the office that they seek;
1970 (j) a square with sides not less than 1/4 inch long is printed to the right of the names of the
1971 candidates;
1972 (k) the candidate groups are separated from each other by one light and one heavy line or
1973 rule; [and]
1974 (l) the nonpartisan candidates are listed as follows:
1975 (i) immediately below the listing of the party candidates, the word "NONPARTISAN" is
1976 printed in reverse type in an 18-point solid rule that extends the full width of the type copy of the
1977 party listing above; and
1978 (ii) below "NONPARTISAN," the office, the number of candidates to vote for, the
1979 candidate's name, the voting square, and any other necessary information is printed in the same
1980 style and manner as for party candidates; and

1981 (m) each ballot has the words "Two Judges' Initials __________, __________" printed on
1982 it, which shall remain on the ballot.
1983 (2) (a) If a municipality is using machine counted ballots, the election officer may require
1984 that:
1985 (i) the ballot label for a regular primary election consist of several groups of pages, so that
1986 a separate group can be used to list the names of candidates seeking nomination of each qualified
1987 political party, with additional groups used to list candidates for other nonpartisan offices;
1988 (ii) the separate groups of pages are identified by color or other suitable means; and
1989 (iii) the ballot label contain instructions that direct the voter how to vote the ballot.
1990 (b) If a municipality is using machine counted ballots, each election officer shall:
1991 (i) ensure that the ballot label provides a square for the voter to designate the political party
1992 in whose primary the voter is voting; and
1993 (ii) determine the order for printing the names of the political parties on the ballot label.
1994 Section 36. Section 20A-6-402 is amended to read:
1995 20A-6-402. Ballots for regular municipal elections.
1996 (1) Each election officer shall ensure, for paper ballots at municipal general elections, that:
1997 (a) the names of the two candidates who received the highest number of votes for mayor
1998 in the municipal primary are placed upon the ballot;
1999 (b) if no municipal primary election was held, the names of the candidates who filed
2000 declarations of candidacy for municipal offices are placed upon the ballot;
2001 (c) for other offices:
2002 (i) twice the number of candidates as there are positions to be filled are certified as eligible
2003 for election in the municipal general election from those candidates who received the greater
2004 number of votes in the primary election; and
2005 (ii) the names of those candidates are placed upon the municipal general election ballot;
2006 (d) propositions submitted to the voters by the municipality are listed on the ballot under
2007 the heading "City (or Town) Proposition Number __" with the number of the proposition as
2008 assigned by the municipal legislative body placed in the blank;
2009 (e) municipal initiatives that have qualified for the ballot are listed on the ballot under the
2010 heading "Citizen's City (or Town) Initiative Number __" with the number of the municipal
2011 initiative as assigned by Section 20A-7-508 placed in the blank; and

2012 (f) municipal referenda that have qualified for the ballot are listed on the ballot under the
2013 heading "Citizen's City (or Town) Referendum Number __" with the number of the municipal
2014 referendum as assigned by Section 20A-7-608 placed in the blank.
2015 (2) Each election officer shall ensure that:
2016 (a) (i) the ballot contains a perforated ballot stub at least one inch wide, placed across the
2017 top of the ballot;
2018 (ii) the ballot number and the words ["Judge's Initial ____"] "Two Judges' Initials
2019 __________, ________" are printed on the stub; and
2020 (iii) ballot stubs are numbered consecutively;
2021 (b) immediately below the perforated ballot stub, the following endorsements are printed
2022 in 18-point bold type:
2023 (i) "Official Ballot for ____ (City or Town), Utah";
2024 (ii) the date of the election; and
2025 (iii) a facsimile of the signature of the election officer and the election officer's title in
2026 eight-point type; [and]
2027 (c) immediately below the election officer's title, two one-point parallel horizontal rules
2028 separate endorsements from the rest of the ballot;
2029 (d) immediately below the horizontal rules, an "Instructions to Voters" section is printed
2030 in ten-point bold type that states: "To vote for a candidate, place a cross (X) in the square following
2031 the name(s) of the person(s) you favor as the candidate(s) for each respective office." followed by
2032 two one-point parallel rules;
2033 (e) after the rules, the designation of the office for which the candidates seek election is
2034 printed flush with the left-hand margin and the words: "Vote for one" or "Vote for two or more"
2035 are printed to extend to the extreme right of the column in ten-point bold type, followed by a
2036 hair-line rule;
2037 (f) after the hair-line rule, the names of the candidates are printed in heavy face type
2038 between lines or rules 3/8 inch apart, alphabetically according to surnames with surnames last and
2039 grouped according to the office that they seek;
2040 (g) a square with sides not less than 1/4 inch long is printed to the right of the names of
2041 the candidates;
2042 (h) following the name of the last candidate for each office, the ballot contains a write-in

2043 space for each elective office; [and]
2044 (i) the candidate groups are separated from each other by one light and one heavy line or
2045 rule; and
2046 (j) each ballot has the words "Two Judges' Initials __________, __________" printed on
2047 it, which shall remain on the ballot.
2048 (3) When a municipality has chosen to nominate candidates by convention or committee,
2049 the election officer shall ensure that the party name is included with the candidate's name on the
2050 ballot.




Legislative Review Note
as of 2-7-02 9:30 AM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel