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S.B. 36
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5 This act modifies the Election Code by establishing a procedure for certain persons to vote
6 a provisional ballot in Utah elections. This act changes the date for the local board of
7 canvassers to meet. This act makes technical corrections.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-1-102, as last amended by Chapter 241, Laws of Utah 2001
11 20A-2-307, as last amended by Chapter 24, Laws of Utah 1997
12 20A-3-101, as last amended by Chapter 328, Laws of Utah 2000
13 20A-3-104, as enacted by Chapter 1, Laws of Utah 1993
14 20A-3-105, as last amended by Chapter 73, Laws of Utah 2001
15 20A-4-101, as last amended by Chapter 228, Laws of Utah 1993
16 20A-4-102, as last amended by Chapter 3, Laws of Utah 2000
17 20A-4-103, as last amended by Chapter 2, Laws of Utah 1994
18 20A-4-104, as last amended by Chapter 340, Laws of Utah 1995
19 20A-4-106, as last amended by Chapter 75, Laws of Utah 2000
20 20A-4-301, as last amended by Chapter 22, Laws of Utah 1999
21 20A-9-806, as enacted by Chapter 22, Laws of Utah 1999
22 20A-9-808, as enacted by Chapter 22, Laws of Utah 1999
23 ENACTS:
24 20A-3-105.5, Utah Code Annotated 1953
25 20A-4-107, Utah Code Annotated 1953
26 20A-6-105, Utah Code Annotated 1953
27 Be it enacted by the Legislature of the state of Utah:
28 Section 1. Section 20A-1-102 is amended to read:
29 20A-1-102. Definitions.
30 As used in this title:
31 (1) "Active voter" means a registered voter who has not been classified as an inactive voter
32 by the county clerk.
33 (2) "Automatic tabulating equipment" means apparatus that automatically examines and
34 counts votes recorded on paper ballots or ballot cards and tabulates the results.
35 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records his
36 votes and includes ballot cards, paper ballots, and secrecy envelopes.
37 (4) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
38 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain
39 the names of offices and candidates and statements of ballot propositions to be voted on and which
40 are used in conjunction with ballot cards.
41 (6) "Ballot proposition" means opinion questions specifically authorized by the
42 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions that
43 are submitted to the voters for their approval or rejection.
44 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
45 20A-4-306 to canvass election returns.
46 (8) "Bond election" means an election held for the sole purpose of approving or rejecting
47 the proposed issuance of bonds by a government entity.
48 (9) "Book voter registration form" means voter registration forms contained in a bound
49 book that are used by election officers and registration agents to register persons to vote.
50 (10) "By-mail voter registration form" means a voter registration form designed to be
51 completed by the voter and mailed to the election officer.
52 (11) "Canvass" means the review of election returns and the official declaration of election
53 results by the board of canvassers.
54 (12) "Canvassing judge" means an election judge designated to assist in counting ballots
55 at the canvass.
56 (13) "Convention" means the political party convention at which party officers and
57 delegates are selected.
58 (14) "Counting center" means one or more locations selected by the election officer in
59 charge of the election for the automatic counting of ballots.
60 (15) "Counting judge" means a judge designated to count the ballots during election day.
61 (16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
62 to witness the counting of ballots.
63 (17) "Counting room" means a suitable and convenient private place or room, immediately
64 adjoining the place where the election is being held, for use by the counting judges to count ballots
65 during election day.
66 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
67 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
68 (20) "County officers" means those county officers that are required by law to be elected.
69 (21) "Election" means a regular general election, a municipal general election, a statewide
70 special election, a local special election, a regular primary election, a municipal primary election,
71 and a special district election.
72 (22) "Election cycle" means the period beginning on the first day persons are eligible to
73 file declarations of candidacy and ending when the canvass is completed.
74 (23) "Election judge" means each canvassing judge, counting judge, and receiving judge.
75 (24) "Election officer" means:
76 (a) the lieutenant governor, for all statewide ballots;
77 (b) the county clerk or clerks for all county ballots and for certain special district and
78 school district ballots as provided in Section 20A-5-400.5 ;
79 (c) the municipal clerk for all municipal ballots and for certain special district and school
80 district ballots as provided in Section 20A-5-400.5 ; and
81 (d) the special district clerk or chief executive officer for all special district ballots that are
82 not part of a statewide, county, or municipal ballot.
83 (25) "Election official" means any election officer, election judge, or satellite registrar.
84 (26) "Election returns" includes the pollbook, all affidavits of registration, the military and
85 overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
86 absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
87 ballot disposition form, and the total votes cast form.
88 (27) "Electronic voting system" means a system in which a voting device is used in
89 conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
90 tabulating equipment.
91 (28) "Inactive voter" means a registered voter who has been sent the notice required by
92 Section 20A-2-306 and who has failed to respond to that notice.
93 (29) "Inspecting poll watcher" means a person selected as provided in this title to witness
94 the receipt and safe deposit of voted and counted ballots.
95 (30) "Judicial office" means the office filled by any judicial officer.
96 (31) "Judicial officer" means any justice or judge of a court of record or any county court
97 judge.
98 (32) "Local election" means a regular municipal election, a local special election, a special
99 district election, and a bond election.
100 (33) "Local political subdivision" means a county, a municipality, a special district, or a
101 local school district.
102 (34) "Local special election" means a special election called by the governing body of a
103 local political subdivision in which all registered voters of the local political subdivision may vote.
104 (35) "Municipal executive" means:
105 (a) the city commission, city council, or town council in the traditional management
106 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
107 (b) the mayor in the council-mayor optional form of government defined in Section
108 10-3-1209 ; and
109 (c) the manager in the council-manager optional form of government defined in Section
110 10-3-1209 .
111 (36) "Municipal general election" means the election held in municipalities and special
112 districts on the first Tuesday after the first Monday in November of each odd-numbered year for
113 the purposes established in Section 20A-1-202 .
114 (37) "Municipal legislative body" means:
115 (a) the city commission, city council, or town council in the traditional management
116 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
117 (b) the municipal council in the council-mayor optional form of government defined in
118 Section 10-3-1209 ; and
119 (c) the municipal council in the council-manager optional form of government defined in
120 Section 10-3-1209 .
121 (38) "Municipal officers" means those municipal officers that are required by law to be
122 elected.
123 (39) "Municipal primary election" means an election held to nominate candidates for
124 municipal office.
125 (40) "Official ballot" means the ballots distributed by the election officer to the election
126 judges to be given to voters to record their votes.
127 (41) "Official endorsement" means:
128 (a) the information on the ballot that identifies:
129 (i) the ballot as an official ballot;
130 (ii) the date of the election; and
131 (iii) the facsimile signature of the election officer; and
132 (b) the information on the ballot stub that identifies:
133 (i) the election judge's initials; and
134 (ii) the ballot number.
135 (42) "Official register" means the book furnished election officials by the election officer
136 that contains the information required by Section 20A-5-401 .
137 (43) "Paper ballot" means a paper that contains:
138 (a) the names of offices and candidates and statements of ballot propositions to be voted
139 on; and
140 (b) spaces for the voter to record his vote for each office and for or against each ballot
141 proposition.
142 (44) "Political party" means an organization of registered voters that has qualified to
143 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
144 Formation and Procedures.
145 (45) "Polling place" means the building where residents of a voting precinct vote.
146 (46) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
147 which the voter marks his choice.
148 (47) "Posting list" means a list of registered voters within a voting precinct.
149 (48) "Provisional ballot" means a ballot voted provisionally by a person:
150 (a) whose name is not listed on the official register at the polling place; or
151 (b) whose legal right to vote is challenged as provided in this title.
152 (49) "Provisional ballot envelope" means an envelope printed in the form required by
153 Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify
154 a person's legal right to vote.
155 [
156 for the regular primary election are selected.
157 [
158 built into a voting machine and records the total number of movements of the operating lever.
159 [
160 the duties of the position for which the person was elected.
161 [
162 official register, provides the voter with a ballot, and removes the ballot stub from the ballot after
163 the voter has voted.
164 [
165 voter may register to vote with a satellite registrar.
166 [
167 registration form.
168 (56) "Regular ballot" means a ballot that is not a provisional ballot.
169 [
170 first Tuesday after the first Monday in November of each even-numbered year for the purposes
171 established in Section 20A-1-201 .
172 [
173 of each even-numbered year, at which candidates of political parties and nonpolitical groups are
174 voted for nomination.
175 [
176 Utah.
177 [
178 printed and distributed as provided in Section 20A-5-405 .
179 [
180 register voters and perform other duties.
181 [
182 or punch the ballot for one or more candidates who are members of different political parties.
183 [
184 into which the voter places the ballot after he has voted it in order to preserve the secrecy of the
185 voter's vote.
186 [
187 authority of Title 17A.
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189 by law to be elected.
190 [
191 [
192 (a) is spoiled by the voter;
193 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
194 (c) lacks the official endorsement.
195 [
196 or the Legislature in which all registered voters in Utah may vote.
197 [
198 [
199 to the election judges when the official ballots are lost or stolen.
200 [
201 of petitioners.
202 [
203 counting center.
204 [
205 statute, whether that absence occurs because of death, disability, disqualification, resignation, or
206 other cause.
207 [
208 candidate by following the procedures and requirements of this title.
209 [
210 meets the requirements of election registration, is registered to vote, and is listed in the official
211 register book.
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213 machines, and ballot box.
214 [
215 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
216 [
217 (a) an apparatus in which ballot cards are used in connection with a punch device for
218 piercing the ballots by the voter;
219 (b) a device for marking the ballots with ink or another substance; or
220 (c) any other method for recording votes on ballots so that the ballot may be tabulated by
221 means of automatic tabulating equipment.
222 [
223 and tabulating votes cast by voters at an election.
224 [
225 witness the distribution of ballots and the voting process.
226 [
227 law within which qualified voters vote at one polling place.
228 [
229 inspecting poll watcher.
230 [
231 20A, Chapter 9, Part 8.
232 [
233 [
234 the ballot according to the procedures established in this title.
235 Section 2. Section 20A-2-307 is amended to read:
236 20A-2-307. County clerks' instructions to election judges.
237 (1) Each county clerk shall instruct election judges to allow a voter to vote a regular ballot
238 if:
239 [
240 within the same voting precinct [
241 (b) the voter affirms the change of address orally or in writing before the election judges[
242 (2) Each county clerk shall instruct election judges to allow a person to vote a provisional
243 ballot if:
244 [
245 residence to the election judge's voting precinct [
246
247 and has not registered to vote in that [
248 [
249
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251 (b) the election judge's voting precinct is in the same county and congressional district as
252 the voter's previous voting precinct.
253 Section 3. Section 20A-3-101 is amended to read:
254 20A-3-101. Residency and age requirements of voters.
255 (1) A person may vote in any regular general election or statewide special election if that
256 person:
257 (a) is a citizen of the United States;
258 (b) is a resident of Utah;
259 (c) will, on the date of that election:
260 (i) be at least 18 years old; and
261 (ii) have been a resident of Utah for 30 days immediately before that election; and
262 (d) has registered to vote.
263 (2) A person may vote in the Western States Presidential Primary election or a regular
264 primary election if that person:
265 (a) is a citizen of the United States;
266 (b) is a resident of Utah;
267 (c) will, on the date of that election:
268 (i) be at least 18 years old; and
269 (ii) have been a resident of Utah for 30 days immediately before that election;
270 (d) has registered to vote; and
271 (e) whose political party affiliation, or unaffiliated status, allows the voter to vote in the
272 election.
273 (3) A person may vote in a municipal general election, municipal primary, in a local
274 special election, in a special district election, and in a bond election if that person:
275 (a) is a citizen of the United States;
276 (b) is a resident of Utah;
277 (c) is a resident of the local entity that is holding the election;
278 (d) will, on the date of the election:
279 (i) be at least 18 years old; and
280 (ii) have been a resident of Utah for 30 days immediately before the election; and
281 (e) has registered to vote.
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286 [
287
288 Section 4. Section 20A-3-104 is amended to read:
289 20A-3-104. Manner of voting.
290 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
291 residence, to one of the election judges.
292 (b) If an election judge does not know the person requesting a ballot and has reason to
293 doubt that person's identity, the judge shall request identification or have the voter identified by
294 a known registered voter of the district.
295 (c) If the [
296 judge shall [
297
298 (2) (a) When the voter is properly identified, the election judge in charge of the official
299 register shall check the official register to determine whether or not the person is registered to vote.
300 (b) [
301
302
303 requirements of Section 20A-3-105.5.
304 [
305
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307 (3) If the election judge determines that the voter is registered:
308 (a) the election judge in charge of the official register shall:
309 (i) write the ballot number opposite the name of the voter in the official register; and
310 (ii) direct the voter to sign his name in the election column in the official register;
311 (b) another judge shall list the ballot number and voter's name in the pollbook;
312 (c) the election judge having charge of the ballots shall:
313 (i) endorse his initials on the stub;
314 (ii) check the name of the voter on the pollbook list with the number of the stub;
315 (iii) hand the voter a ballot; and
316 (iv) allow the voter to enter the voting booth.
317 (4) Whenever the election officer is required to furnish more than one kind of official
318 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
319 voter the kind of ballot that the voter is qualified to vote.
320 Section 5. Section 20A-3-105 is amended to read:
321 20A-3-105. Marking and depositing ballots.
322 (1) (a) If paper ballots are used, the voter, upon receipt of the ballot, shall go to a voting
323 booth and prepare the voter's ballot by marking the appropriate position with a mark opposite the
324 name of each candidate of the voter's choice for each office to be filled.
325 (b) A mark is not required opposite the name of a write-in candidate.
326 (c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in the
327 appropriate square with a mark opposite the answer the voter intends to make.
328 (d) [
329 (i) fold the ballot so that its contents are concealed and the stub can be removed[
330 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot envelope
331 and complete the information printed on the envelope.
332 (2) (a) (i) If ballot cards are used, the voter shall insert the ballot card into the voting
333 device and mark the ballot card according to the instructions provided on the device.
334 (ii) If the voter is issued a ballot card with a long stub without a secrecy envelope, the voter
335 shall record any write-in votes on the long stub.
336 (iii) If the voter is issued a ballot card with a secrecy envelope, the voter shall record any
337 write-in votes on the secrecy envelope.
338 (b) After the voter has marked the ballot card, the voter shall either:
339 (i) place the ballot card inside the secrecy envelope, if one is provided; or
340 (ii) fold the long stub over the face of the ballot card to maintain the secrecy of the vote
341 if the voter is issued a ballot card with a long stub without a secrecy envelope.
342 (c) If the ballot is a provisional ballot, the voter shall place the ballot card in the
343 provisional ballot envelope and complete the information printed on the envelope.
344 (3) (a) After preparation of the ballot, the voter shall:
345 (i) leave the voting booth; and
346 (ii) announce his name to the election judge in charge of the ballot box.
347 (b) The election judge in charge of the ballot box shall:
348 (i) clearly and audibly announce the name of the voter and the number on the stub of the
349 voter's ballot;
350 (ii) if the stub number on the ballot corresponds with the number previously recorded in
351 the official register, and bears the initials of the election judge, remove the stub from the ballot;
352 and
353 (iii) return the ballot to the voter.
354 (c) The voter shall, in full view of the election judges, cast his vote by depositing the ballot
355 in the ballot box.
356 (d) (i) The election judge may not accept a ballot from which the stub has been detached.
357 (ii) The election judge shall treat a ballot from which the stub has been detached as a
358 spoiled ballot and shall provide the voter with a new ballot and dispose of the spoiled ballot as
359 provided in Section 20A-3-107 .
360 (4) A voter voting a paper ballot in a regular primary election shall, after marking the
361 ballot:
362 (a) (i) if the ballot is designed so that the names of all candidates for all political parties
363 are on the same ballot, detach the part of the paper ballot containing the names of the candidates
364 of the party he has voted from the remainder of the paper ballot;
365 (ii) fold that portion of the paper ballot so that its face is concealed; and
366 (iii) deposit it in the ballot box; and
367 (b) (i) fold the remainder of the paper ballot, containing the names of the candidates of the
368 parties that the elector did not vote; and
369 (ii) deposit it in a separate ballot box that is marked and designated as a blank ballot box.
370 (5) (a) Each voter shall mark and deposit the ballot without delay and leave the voting area
371 after voting.
372 (b) A voter may not:
373 (i) occupy a voting booth occupied by another, except as provided in Section 20A-3-108 ;
374 (ii) remain within the voting area more than ten minutes; or
375 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
376 voters are waiting to occupy them.
377 (6) If the official register shows any voter as having voted, that voter may not reenter the
378 voting area during that election unless that voter is an election official or watcher.
379 (7) The election judges may not allow more than four voters more than the number of
380 voting booths into the voting area at one time unless those excess voters are:
381 (a) election officials;
382 (b) watchers; or
383 (c) assisting voters with a disability.
384 Section 6. Section 20A-3-105.5 is enacted to read:
385 20A-3-105.5. Manner of voting -- Provisional ballot.
386 (1) As used in this section:
387 (a) "Proof of identity" means some form of photo identification, such as a driver license
388 or identification card, that establishes a person's identity.
389 (b) "Proof of residence" means some official document or form, such as a driver license
390 or utility bill that establishes a person's residence.
391 (2) The election judges shall follow the procedures and requirements of this section when:
392 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ; or
393 (b) the person's name is not found on the official register.
394 (3) When faced with one of the circumstances outlined in Subsection (2), the election
395 judge shall:
396 (a) request that the person provide proof of identity and proof of residency; and
397 (b) review the proof of identity and proof of residency provided by the person.
398 (4) If the election judge is satisfied that the person has established their identity and their
399 residence in the voting precinct:
400 (a) the election judge in charge of the official register shall:
401 (i) record in the official register the type of source documents that established the person's
402 proof of identity and proof of residency;
403 (ii) write the provisional ballot envelope number opposite the name of the voter in the
404 official register; and
405 (iii) direct the voter to sign his name in the election column in the official register;
406 (b) another judge shall list the ballot number and voter's name in the pollbook; and
407 (c) the election judge having charge of the ballots shall:
408 (i) endorse his initials on the stub;
409 (ii) check the name of the voter on the pollbook list with the number of the stub;
410 (iii) give the voter a ballot and a provisional ballot envelope; and
411 (iv) allow the voter to enter the voting booth.
412 (5) Whenever the election officer is required to furnish more than one kind of official
413 ballot to a voting precinct, the election judges of that voting precinct shall give the registered voter
414 the kind of ballot that the voter is qualified to vote.
415 Section 7. Section 20A-4-101 is amended to read:
416 20A-4-101. Counting paper ballots during election day.
417 (1) Each county legislative body or municipal legislative body that has voting precincts
418 that use paper ballots and each election judge in those voting precincts shall comply with the
419 requirements of this section.
420 (2) (a) Each county legislative body or municipal legislative body shall provide:
421 (i) two sets of ballot boxes for all voting precincts where both receiving and counting
422 judges have been appointed; and
423 (ii) a counting room for the use of the election judges counting the ballots during the day.
424 (b) At any election in any voting precinct in which both receiving and counting judges
425 have been appointed, when at least 20 votes have been cast, the receiving judges shall:
426 (i) close the first ballot box and deliver it to the counting judges; and
427 (ii) prepare and use another ballot box to receive voted ballots.
428 (c) Upon receipt of the ballot box, the counting judges shall:
429 (i) take the ballot box to the counting room;
430 (ii) count the votes on the regular ballots in the ballot box; [
431 (iii) place the provisional ballot envelopes in the envelope or container provided for them
432 for return to the election officer; and
433 [
434 box to the receiving judges.
435 (d) (i) During the course of election day, whenever there are at least 20 ballots contained
436 in a ballot box, the receiving judges shall deliver that ballot box to the counting judges for
437 counting; and
438 (ii) the counting judges shall immediately count the regular ballots and segregate the
439 provisional ballots contained in that box.
440 (e) The counting judges shall continue to exchange the ballot boxes and count ballots until
441 the polls close.
442 (3) Counting poll watchers appointed as provided in Section 20A-3-201 may observe the
443 count.
444 (4) The counting judges shall apply the standards and requirements of Section 20A-4-104
445 to resolve any questions that arise as they count the ballots.
446 Section 8. Section 20A-4-102 is amended to read:
447 20A-4-102. Counting paper ballots after the polls close.
448 (1) (a) Except as provided in Subsection (2), as soon as the polls have been closed and the
449 last qualified voter has voted, the election judges shall count the ballots by performing the tasks
450 specified in this section in the order that they are specified.
451 (b) The election judges shall apply the standards and requirements of Section 20A-4-105
452 to resolve any questions that arise as they count the ballots.
453 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
454 (b) (i) If there are more ballots in the ballot box than there are names entered in the
455 pollbook, the judges shall examine the official endorsements on the ballots.
456 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
457 official endorsement, the judges shall put those ballots in an excess ballot file and not count them.
458 (c) (i) If, after examining the official endorsements, there are still more ballots in the ballot
459 box than there are names entered in the pollbook, the judges shall place the remaining ballots back
460 in the ballot box.
461 (ii) One of the judges, without looking, shall draw a number of ballots equal to the excess
462 from the ballot box.
463 (iii) The judges shall put those excess ballots into the excess ballot envelope and not count
464 them.
465 (d) When the ballots in the ballot box equal the number of names entered in the pollbook,
466 the judges shall count the votes.
467 (3) The judges shall:
468 (a) place all unused ballots in the envelope or container provided for return to the county
469 clerk or city recorder; and
470 (b) seal that envelope or container.
471 (4) The judges shall:
472 (a) place all of the provisional ballot envelopes in the envelope provided for them for
473 return to the election officer; and
474 (b) seal that envelope or container.
475 [
476 separately.
477 (b) In regular primary elections the judges shall:
478 (i) count the number of ballots cast for each party;
479 (ii) place the ballots cast for each party in separate piles; and
480 (iii) count all the ballots for one party before beginning to count the ballots cast for other
481 parties.
482 [
483 (i) count one vote for each candidate designated by the marks in the squares next to the
484 candidate's name;
485 (ii) count one vote for each candidate on the ticket beneath a marked circle, excluding any
486 candidate for an office for which a vote has been cast for a candidate for the same office upon
487 another ticket by the placing of a mark in the square opposite the name of that candidate on the
488 other ticket;
489 (iii) count each vote for each write-in candidate who has qualified by filing a declaration
490 of candidacy under Section 20A-9-601 ;
491 (iv) read every name marked on the ballot and mark every name upon the tally sheets
492 before another ballot is counted;
493 (v) evaluate each ballot and each vote based on the standards and requirements of Section
494 20A-4-105 ;
495 (vi) write the word "spoiled" on the back of each ballot that lacks the official endorsement
496 and deposit it in the spoiled ballot envelope; and
497 (vii) read, count, and record upon the tally sheets the votes that each candidate and ballot
498 proposition received from all ballots, except excess or spoiled ballots.
499 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
500 persons clearly not eligible to qualify for office.
501 (c) The judges shall certify to the accuracy and completeness of the tally list in the space
502 provided on the tally list.
503 (d) When the judges have counted all of the voted ballots, they shall record the results on
504 the total votes cast form.
505 [
506 where counting is conducted until the count is completed.
507 Section 9. Section 20A-4-103 is amended to read:
508 20A-4-103. Preparing ballot cards for the counting center.
509 (1) (a) In voting precincts using ballot cards, as soon as the polls have been closed and the
510 last qualified voter has voted, the election judges shall prepare the ballot cards for delivery to the
511 counting center as provided in this section.
512 (b) The election judges, election officers, and other persons may not manually count any
513 votes before delivering the ballots to the counting center.
514 (2) The judges shall:
515 (a) place all of the provisional ballot envelopes in the envelope or container provided for
516 them for return to the counting center; and
517 (b) seal that envelope or container.
518 [
519 write-in votes.
520 (b) If a secrecy envelope does not contain any write-in votes, the election judges shall
521 remove the ballot card from the secrecy envelope.
522 (c) If a secrecy envelope contains any write-in votes, the election judges may not separate
523 the ballot card from the secrecy envelope.
524 [
525 (a) the voted ballot cards and one copy of the statement of disposition of ballots in the
526 transfer case;
527 (b) the other copy of the statement of disposition of ballots, the pollbook, any unprocessed
528 absentee ballots, the judges' pay vouchers, the official register, and the spoiled ballot envelope in
529 the carrier envelope provided; and
530 (c) the other election materials in the election supply box.
531 Section 10. Section 20A-4-104 is amended to read:
532 20A-4-104. Counting ballots electronically.
533 (1) (a) Before beginning to count ballot cards using automatic tabulating equipment, the
534 election officer shall test the automatic tabulating equipment to ensure that it will accurately count
535 the votes cast for all offices and all measures.
536 (b) The election officer shall publish public notice of the time and place of the test at least
537 48 hours before the test in one or more daily or weekly newspapers of general circulation published
538 in the county, municipality, or jurisdiction where the equipment is used.
539 (c) The election officer shall conduct the test by processing a preaudited group of ballot
540 cards.
541 (d) The election officer shall ensure that:
542 (i) a predetermined number of valid votes for each candidate and measure are recorded on
543 the ballot cards;
544 (ii) for each office, one or more ballot cards have votes in excess of the number allowed
545 by law in order to test the ability of the automatic tabulating equipment to reject those votes; and
546 (iii) a different number of valid votes are assigned to each candidate for an office, and for
547 and against each measure.
548 (e) If any error is detected, the election officer shall determine the cause of the error and
549 correct it.
550 (f) The election officer shall ensure that:
551 (i) the automatic tabulating equipment produces an errorless count before beginning the
552 actual counting; and
553 (ii) the automatic tabulating equipment passes the same test at the end of the count before
554 the election returns are approved as official.
555 (2) (a) The election officer or his designee shall supervise and direct all proceedings at the
556 counting center.
557 (b) (i) Proceedings at the counting center are public and may be observed by interested
558 persons.
559 (ii) Only those persons authorized to participate in the count may touch any ballot, ballot
560 card, or return.
561 (c) The election officer shall deputize and administer an oath or affirmation to all persons
562 who are engaged in processing and counting the ballots that they will faithfully perform their
563 assigned duties.
564 (d) (i) Counting poll watchers appointed as provided in Section 20A-3-201 may observe
565 the testing of equipment and actual counting of the ballot cards.
566 (ii) Those counting poll watchers may make independent tests of the equipment before or
567 after the vote count as long as the testing does not interfere in any way with the official tabulation
568 of the ballot cards.
569 (3) If any ballot card is damaged or defective so that it cannot properly be counted by the
570 automatic tabulating equipment, the election officer shall:
571 (a) cause a true duplicate copy of the ballot card to be made with an identifying serial
572 number;
573 (b) substitute the duplicate for the damaged ballot card;
574 (c) label the duplicate ballot card "duplicate"; and
575 (d) record the duplicate ballot card's serial number on the damaged or defective ballot card.
576 (4) The election officer may:
577 (a) conduct an unofficial count before conducting the official count in order to provide
578 early unofficial returns to the public;
579 (b) release unofficial returns from time to time after the polls close; and
580 (c) report the progress of the count for each candidate during the actual counting of ballots.
581 (5) The election officer shall review and evaluate the provisional ballot envelopes and
582 prepare any valid provisional ballots for counting as provided in Section 20A-4-107 .
583 [
584 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
585 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
586 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast more
587 votes for an office than that voter is entitled to vote for that office, the judges shall count the valid
588 write-in vote as being the obvious intent of the voter.
589 [
590 equipment, to which have been added write-in and absentee votes, as the official return of each
591 voting precinct.
592 (b) Upon completion of the count, the election officer shall make official returns open to
593 the public.
594 [
595 with tabulating equipment, the election officer may direct that they be counted manually according
596 to the procedures and requirements of this part.
597 [
598 programs, test materials, and ballots as provided in Section 20A-4-202 .
599 Section 11. Section 20A-4-106 is amended to read:
600 20A-4-106. Paper ballots -- Sealing.
601 (1) (a) (i) At all elections using paper ballots, as soon as the counting judges have read and
602 tallied the ballots, they shall string the counted, excess, and spoiled ballots on separate strings.
603 (ii) After the ballots are strung, they may not be examined by anyone, except when
604 examined during a recount conducted under the authority of Section 20A-4-401 .
605 (b) The judges shall carefully seal all of the strung ballots in a strong envelope.
606 (2) (a) For regular primary elections, after all the ballots have been counted, certified to,
607 and strung by the judges, they shall seal the ballots cast for each of the parties in separate
608 envelopes.
609 (b) The judges shall:
610 (i) seal each of the envelopes containing the votes of each of the political parties in one
611 large envelope; and
612 (ii) return that envelope to the county clerk.
613 (c) The judges shall:
614 (i) destroy the ballots in the blank ballot box; or
615 (ii) if directed to do so by the election officer, return them to the election officer for
616 destruction.
617 (3) As soon as the judges have counted all the votes and sealed the ballots they shall sign
618 and certify the pollbooks.
619 (4) (a) The judges, before they adjourn, shall:
620 (i) enclose and seal the official register, the posting book, the pollbook, all affidavits of
621 registration received by them, the ballot disposition form, the military and overseas absentee voter
622 registration and voting certificates, one of the tally sheets, and any unprocessed absentee ballots
623 in a strong envelope or pouch;
624 (ii) ensure that all counted ballots, all excess ballots, and all spoiled ballots have been
625 strung and placed in a separate envelope or pouch as required by Subsection (1);
626 (iii) place all unused ballots, all spoiled ballots, one tally list, and a copy of the ballot
627 disposition form in a separate envelope or pouch; and
628 (iv) place all provisional ballots in a separate envelope or pouch; and
629 [
630 for services rendered in a separate pouch.
631 (b) Before enclosing the official register in the envelope or pouch, the election judges shall
632 certify it substantially as follows:
633 "We, the undersigned, judges of election for precinct _______, (jurisdiction) _______,
634 Utah, certify that the required entries have been made for the election held
635 __________(month\day\year), including:
636 a list of the ballot numbers for each voter;
637 the voters' signatures, except where a judge has signed for the absentee voters;
638 a list of information surrounding a voter who is challenged,
639 including any affidavits; and
640 a notation for each time a voter was assisted with a ballot."
641 (5) Each judge shall:
642 (a) write his name across the seal of each envelope or pouch;
643 (b) mark on the exterior of the envelope or pouch:
644 (i) the word "ballots" or "returns" or "unused ballots," or "provisional ballots" or other
645 words plainly indicating the contents of the packages; and
646 (ii) the number of the voting precinct.
647 Section 12. Section 20A-4-107 is enacted to read:
648 20A-4-107. Review and disposition of provisional ballot envelopes.
649 (1) (a) Upon receipt of provisional ballot envelopes, the election officer shall review the
650 affirmation on the face of each provisional ballot envelope and determine if the person signing the
651 affirmation is a registered voter and legally entitled to vote the ballot that the voter voted.
652 (b) If the election officer determines that the person is not a registered voter or is not
653 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
654 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
655 produce or count it.
656 (c) If the election officer determines that the person is a registered voter and is legally
657 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from the
658 provisional ballot envelope and place the ballot with the absentee ballots to be counted with those
659 ballots at the canvass.
660 (2) If the election officer determines that the person is a registered voter, the election
661 officer shall ensure that the voter registration records are updated to reflect the information
662 provided on the provisional ballot envelope.
663 Section 13. Section 20A-4-301 is amended to read:
664 20A-4-301. Board of canvassers.
665 (1) (a) Each county legislative body is the board of county canvassers for the county and
666 for each special district whose election is conducted by the county.
667 (b) (i) Except as provided in Subsection (1)(b)(ii), the board of county canvassers shall
668 meet to canvass the returns at the usual place of meeting of the county legislative body, at noon
669 on the [
670 (ii) When canvassing returns for the Western States Presidential Primary, the board of
671 county canvassers shall meet to canvass the returns at the usual place of meeting of the county
672 legislative body, at noon on the Thursday after the election.
673 (c) If one or more of the county legislative body fails to attend the meeting of the board
674 of county canvassers, the remaining members shall replace the absent member by appointing in
675 the order named:
676 (i) the county treasurer;
677 (ii) the county assessor; or
678 (iii) the county sheriff.
679 (d) The board of county canvassers shall always consist of three acting members.
680 (e) The county clerk is the clerk of the board of county canvassers.
681 (2) (a) The mayor and the municipal legislative body are the board of municipal canvassers
682 for the municipality.
683 (b) The board of municipal canvassers shall meet to canvass the returns at the usual place
684 of meeting of the municipal legislative body no sooner than three days and no later than seven days
685 after the election.
686 (3) (a) This part does not apply to bond elections.
687 (b) Persons responsible for canvassing bond elections shall comply with the canvassing
688 procedures and requirements of Title 11, Chapter 14, Utah Municipal Bond Act.
689 Section 14. Section 20A-6-105 is enacted to read:
690 20A-6-105. Provisional ballot envelopes.
691 Each election officer shall ensure that provisional ballot envelopes are printed in
692 substantially the following form:
693 "AFFIRMATION
694 Name of Voter _________________________________________________________
695 First Middle Last
696 Driver License or Identification Card Number _________________________________
697 Date of Birth ___________________________________________________________
698 Street Address of Principal Place of Residence
699 ______________________________________________________________________
700 City County State Zip Code
701 Telephone Number (optional) ______________________________________________
702 Last four digits of Social Security Number (optional) ____________________________
703 Place of Birth ___________________________________________________________
704 Last former address at which I was registered to vote (if known)
705 ______________________________________________________________________
706 City County State Zip Code
707 Voting Precinct (if known) _________________________________________________
708 I, (please print your full name)__________________________do solemnly swear or
709 affirm:
710 1. that I am currently registered to vote in ______________________, County, Utah; that
711 I have not moved out of the county since the date of the original registration; that I have not voted
712 in this election in any other precinct; and that I request that I be permitted to vote in this election
713 in this precinct;
714 2. that on or about____________________(Date), I completed a voter registration
715 application at_______________________________(please indicate the office at which you
716 completed the voter registration application, for example, Human Services, Driver License, etc.,
717 or, if you filled out a mail-in registration form, please indicate.);
718 3. that I have previously registered to vote in __________________, County, Utah; that
719 I have not resided outside of that county since completing that registration; and that I am entitled
720 to vote today; and
721 4. subject to penalty of law for false statements, that the information contained in this form
722 is true, and that I am a citizen of the United States and a resident of Utah, residing at the above
723 address; and that I am at least 18 years old and have resided in Utah for the 30 days immediate
724 before this election.
725 Signed ______________________________________________________________________
726 Dated _______________________________________________________________________"
727 Section 15. Section 20A-9-806 is amended to read:
728 20A-9-806. Ballots.
729 (1) The lieutenant governor, together with county clerks, suppliers of election materials,
730 and representatives of registered political parties, shall:
731 (a) develop paper ballots, ballot labels, [
732 to be used in Utah's Western States Presidential Primary;
733 (b) ensure that the paper ballots, ballot labels, [
734 envelopes comply generally with the requirements of Title 20A, Chapter 6, Part 1, General
735 Requirements for All Ballots; and
736 (c) provide voting booths, election records and supplies, and ballot boxes for each voting
737 precinct as required by Section 20A-5-403 .
738 (2) (a) Notwithstanding the requirements of Subsections (1)(b) and (c), Title 20A, Chapter
739 6, Part 1, General Requirements for All Ballots, and Section 20A-5-403 , the lieutenant governor,
740 together with county clerks, suppliers of election materials, and representatives of registered
741 political parties shall ensure that the paper ballots, ballot labels, ballot cards, provisional ballot
742 envelopes, and voting booths, election records and supplies, and ballot boxes:
743 (i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
744 (ii) simplify the task of election judges, particularly in determining a voter's party
745 affiliation;
746 (iii) minimize the possibility of spoiled ballots due to voter confusion; and
747 (iv) protect against fraud.
748 (b) To accomplish the requirements of this Subsection (2), the lieutenant governor, county
749 clerks, suppliers of election materials, and representatives of registered political parties shall:
750 (i) mark, prepunch, or otherwise identify ballot cards as being for a particular registered
751 political party; and
752 (ii) instruct persons counting the ballots to count only those votes for candidates from the
753 registered political party whose ballot the voter received.
754 (c) To accomplish the requirements of this Subsection (2), the lieutenant governor, county
755 clerks, suppliers of election materials, and representatives of registered political parties may:
756 (i) notwithstanding the requirements of Sections 20A-6-101 and 20A-6-102 , use different
757 colored ballot cards for each registered political party;
758 (ii) place ballot labels for each registered political party in different voting booths and
759 direct voters to the particular voting booth for the political party whose ballot they are voting; or
760 (iii) consider other means of accomplishing the objectives outlined in Subsection (2)(a).
761 Section 16. Section 20A-9-808 is amended to read:
762 20A-9-808. Voting.
763 (1) As used in this section:
764 (a) "Proof of identity" means some form of photo identification, such as a driver license
765 or identification card, that establishes a person's identity.
766 (b) "Proof of residence" means some official document or form, such as a driver license
767 or utility bill that establishes a person's residence.
768 [
769 Primary shall give his name, the name of the registered political party whose ballot the voter
770 wishes to vote, and, if requested, his residence, to one of the election judges.
771 (b) If an election judge does not know the person requesting a ballot and has reason to
772 doubt that person's identity, the judge shall request identification or have the voter identified by
773 a known registered voter of the district.
774 (c) If the [
775 judge shall [
776
777 [
778 official register shall check the official register to determine:
779 (A) whether or not the person is registered to vote; and
780 (B) whether or not the person's party affiliation designation in the official register allows
781 the voter to vote the ballot that the voter requested.
782 (ii) If the official register does not affirmatively identify the voter as being affiliated with
783 a registered political party or if the official register identifies the voter as being "unaffiliated," the
784 voter shall be considered to be "unaffiliated."
785 (b) [
786
787
788 requirements of Section 20A-3-105.5.
789 [
790
791
792 (c) (i) Except as provided in Subsection (3)(c)(ii), if the voter's political party affiliation
793 listed in the official register does not allow the voter to vote the ballot that the voter requested, the
794 election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
795 the voter's party affiliation does allow the voter to vote.
796 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
797 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
798 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
799 voter requests, the election judge shall ask the voter if the voter wishes to affiliate with the
800 registered political party whose ballot the voter requested, vote another registered political party
801 ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
802 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
803 requested, the election judge shall enter in the official register the voter's new party affiliation and
804 proceed as required by Subsection [
805 (C) If the voter wishes to vote another registered political party ballot that the unaffiliated
806 voter is authorized to vote, the election judge shall proceed as required by Subsection [
807 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
808 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
809 may not vote.
810 [
811 Subsection [
812 (a) the election judge in charge of the official register shall:
813 (i) write the ballot number and the name of the registered political party whose ballot the
814 voter voted opposite the name of the voter in the official register; and
815 (ii) direct the voter to sign his name in the election column in the official register;
816 (b) another judge shall list the ballot number and voter's name in the pollbook; and
817 (c) the election judge having charge of the ballots shall:
818 (i) endorse his initials on the stub;
819 (ii) check the name of the voter on the pollbook list with the number of the stub;
820 (iii) hand the voter the ballot for the registered political party that the voter requested and
821 for which the voter is authorized to vote; and
822 (iv) allow the voter to enter the voting booth.
823 [
824 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
825 voter the kind of ballot that the voter is qualified to vote.
Legislative Review Note
as of 1-2-02 2:51 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.
Office of Legislative Research and General Counsel
Committee Note
The Government Operations Interim Committee recommended this bill.
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