7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to poll workers.
10 Highlighted Provisions:
11 This bill:
12 . amends the definition of a "local election";
13 . provides for the appointment of poll workers for a special election and a county
14 election; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 20A-1-102 , as last amended by Laws of Utah 2013, Chapter 320
23 20A-5-601 , as last amended by Laws of Utah 2007, Chapter 75
24 20A-5-602 , as last amended by Laws of Utah 2007, Chapters 75, 256, and 329
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-1-102 is amended to read:
28 20A-1-102. Definitions.
29 As used in this title:
30 (1) "Active voter" means a registered voter who has not been classified as an inactive
31 voter by the county clerk.
32 (2) "Automatic tabulating equipment" means apparatus that automatically examines
33 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
34 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
35 upon which a voter records the voter's votes.
36 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
39 (a) contain the names of offices and candidates and statements of ballot propositions to
40 be voted on; and
41 (b) are used in conjunction with ballot sheets that do not display that information.
43 voters on the ballot for their approval or rejection including:
44 (a) an opinion question specifically authorized by the Legislature;
45 (b) a constitutional amendment;
46 (c) an initiative;
47 (d) a referendum;
48 (e) a bond proposition;
49 (f) a judicial retention question;
50 (g) an incorporation of a city or town; or
51 (h) any other ballot question specifically authorized by the Legislature.
53 (a) means a ballot that:
54 (i) consists of paper or a card where the voter's votes are marked or recorded; and
55 (ii) can be counted using automatic tabulating equipment; and
56 (b) includes punch card ballots and other ballots that are machine-countable.
57 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
58 together with a staple or stitch in at least three places across the top of the paper in the blank
59 space reserved for securing the paper.
60 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
61 20A-4-306 to canvass election returns.
62 (9) "Bond election" means an election held for the purpose of approving or rejecting
63 the proposed issuance of bonds by a government entity.
64 (10) "Book voter registration form" means voter registration forms contained in a
65 bound book that are used by election officers and registration agents to register persons to vote.
66 (11) "Business reply mail envelope" means an envelope that may be mailed free of
67 charge by the sender.
68 (12) "By-mail voter registration form" means a voter registration form designed to be
69 completed by the voter and mailed to the election officer.
70 (13) "Canvass" means the review of election returns and the official declaration of
71 election results by the board of canvassers.
72 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
73 the canvass.
74 (15) "Contracting election officer" means an election officer who enters into a contract
75 or interlocal agreement with a provider election officer.
76 (16) "Convention" means the political party convention at which party officers and
77 delegates are selected.
78 (17) "Counting center" means one or more locations selected by the election officer in
79 charge of the election for the automatic counting of ballots.
80 (18) "Counting judge" means a poll worker designated to count the ballots during
81 election day.
82 (19) "Counting poll watcher" means a person selected as provided in Section
83 20A-3-201 to witness the counting of ballots.
84 (20) "Counting room" means a suitable and convenient private place or room,
85 immediately adjoining the place where the election is being held, for use by the poll workers
86 and counting judges to count ballots during election day.
87 (21) "County officers" means those county officers that are required by law to be
89 (22) "Date of the election" or "election day" or "day of the election":
90 (a) means the day that is specified in the calendar year as the day that the election
91 occurs; and
92 (b) does not include:
93 (i) deadlines established for absentee voting; or
94 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
96 (23) "Elected official" means:
97 (a) a person elected to an office under Section 20A-1-303 ;
98 (b) a person who is considered to be elected to a municipal office in accordance with
99 Subsection 20A-1-206 (1)(c)(ii); or
100 (c) a person who is considered to be elected to a local district office in accordance with
101 Subsection 20A-1-206 (3)(c)(ii).
102 (24) "Election" means a regular general election, a municipal general election, a
103 statewide special election, a local special election, a regular primary election, a municipal
104 primary election, and a local district election.
105 (25) "Election Assistance Commission" means the commission established by Public
106 Law 107-252, the Help America Vote Act of 2002.
107 (26) "Election cycle" means the period beginning on the first day persons are eligible to
108 file declarations of candidacy and ending when the canvass is completed.
109 (27) "Election judge" means a poll worker that is assigned to:
110 (a) preside over other poll workers at a polling place;
111 (b) act as the presiding election judge; or
112 (c) serve as a canvassing judge, counting judge, or receiving judge.
113 (28) "Election officer" means:
114 (a) the lieutenant governor, for all statewide ballots and elections;
115 (b) the county clerk for:
116 (i) a county ballot and election; and
117 (ii) a ballot and election as a provider election officer as provided in Section
118 20A-5-400.1 or 20A-5-400.5 ;
119 (c) the municipal clerk for:
120 (i) a municipal ballot and election; and
121 (ii) a ballot and election as a provider election officer as provided in Section
122 20A-5-400.1 or 20A-5-400.5 ;
123 (d) the local district clerk or chief executive officer for:
124 (i) a local district ballot and election; and
125 (ii) a ballot and election as a provider election officer as provided in Section
126 20A-5-400.1 or 20A-5-400.5 ; or
127 (e) the business administrator or superintendent of a school district for:
128 (i) a school district ballot and election; and
129 (ii) a ballot and election as a provider election officer as provided in Section
130 20A-5-400.1 or 20A-5-400.5 .
131 (29) "Election official" means any election officer, election judge, or poll worker.
132 (30) "Election results" means:
133 (a) for an election other than a bond election, the count of votes cast in the election and
134 the election returns requested by the board of canvassers; or
135 (b) for bond elections, the count of those votes cast for and against the bond
136 proposition plus any or all of the election returns that the board of canvassers may request.
137 (31) "Election returns" includes the pollbook, the military and overseas absentee voter
138 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
139 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
140 form, and the total votes cast form.
141 (32) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
142 device or other voting device that records and stores ballot information by electronic means.
143 (33) "Electronic signature" means an electronic sound, symbol, or process attached to
144 or logically associated with a record and executed or adopted by a person with the intent to sign
145 the record.
146 (34) (a) "Electronic voting device" means a voting device that uses electronic ballots.
147 (b) "Electronic voting device" includes a direct recording electronic voting device.
148 (35) "Inactive voter" means a registered voter who has:
149 (a) been sent the notice required by Section 20A-2-306 ; and
150 (b) failed to respond to that notice.
151 (36) "Inspecting poll watcher" means a person selected as provided in this title to
152 witness the receipt and safe deposit of voted and counted ballots.
153 (37) "Judicial office" means the office filled by any judicial officer.
154 (38) "Judicial officer" means any justice or judge of a court of record or any county
155 court judge.
156 (39) "Local district" means a local government entity under Title 17B, Limited Purpose
157 Local Government Entities - Local Districts, and includes a special service district under Title
158 17D, Chapter 1, Special Service District Act.
159 (40) "Local district officers" means those local district officers that are required by law
160 to be elected.
161 (41) "Local election" means a regular county election, a regular municipal election, a
162 local special election, a local district election, and a bond election.
163 (42) "Local political subdivision" means a county, a municipality, a local district, or a
164 local school district.
165 (43) "Local special election" means a special election called by the governing body of a
166 local political subdivision in which all registered voters of the local political subdivision may
168 (44) "Municipal executive" means:
169 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
171 (b) the mayor in the council-manager form of government defined in Subsection
172 10-3b-103 (6).
173 (45) "Municipal general election" means the election held in municipalities and local
174 districts on the first Tuesday after the first Monday in November of each odd-numbered year
175 for the purposes established in Section 20A-1-202 .
176 (46) "Municipal legislative body" means the council of the city or town in any form of
177 municipal government.
178 (47) "Municipal office" means an elective office in a municipality.
179 (48) "Municipal officers" means those municipal officers that are required by law to be
181 (49) "Municipal primary election" means an election held to nominate candidates for
182 municipal office.
183 (50) "Official ballot" means the ballots distributed by the election officer to the poll
184 workers to be given to voters to record their votes.
185 (51) "Official endorsement" means:
186 (a) the information on the ballot that identifies:
187 (i) the ballot as an official ballot;
188 (ii) the date of the election; and
189 (iii) the facsimile signature of the election officer; and
190 (b) the information on the ballot stub that identifies:
191 (i) the poll worker's initials; and
192 (ii) the ballot number.
193 (52) "Official register" means the official record furnished to election officials by the
194 election officer that contains the information required by Section 20A-5-401 .
195 (53) "Paper ballot" means a paper that contains:
196 (a) the names of offices and candidates and statements of ballot propositions to be
197 voted on; and
198 (b) spaces for the voter to record the voter's vote for each office and for or against each
199 ballot proposition.
200 (54) "Political party" means an organization of registered voters that has qualified to
201 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
202 and Procedures.
203 (55) (a) "Poll worker" means a person assigned by an election official to assist with an
204 election, voting, or counting votes.
205 (b) "Poll worker" includes election judges.
206 (c) "Poll worker" does not include a watcher.
207 (56) "Pollbook" means a record of the names of voters in the order that they appear to
208 cast votes.
209 (57) "Polling place" means the building where voting is conducted.
210 (58) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
211 in which the voter marks the voter's choice.
213 nominees for the regular primary election are selected.
215 (a) is built into a voting machine; and
216 (b) records the total number of movements of the operating lever.
218 contract or interlocal agreement with a contracting election officer to conduct an election for
219 the contracting election officer's local political subdivision in accordance with Section
220 20A-5-400.1 .
222 (a) whose name is not listed on the official register at the polling place;
223 (b) whose legal right to vote is challenged as provided in this title; or
224 (c) whose identity was not sufficiently established by a poll worker.
226 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
227 information to verify a person's legal right to vote.
228 (64) "Qualify" or "qualified" means to take the oath of office and begin performing the
229 duties of the position for which the person was elected.
230 (65) "Receiving judge" means the poll worker that checks the voter's name in the
231 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
232 after the voter has voted.
233 (66) "Registration form" means a book voter registration form and a by-mail voter
234 registration form.
235 (67) "Regular ballot" means a ballot that is not a provisional ballot.
236 (68) "Regular general election" means the election held throughout the state on the first
237 Tuesday after the first Monday in November of each even-numbered year for the purposes
238 established in Section 20A-1-201 .
239 (69) "Regular primary election" means the election on the fourth Tuesday of June of
240 each even-numbered year, to nominate candidates of political parties and nonpolitical groups to
241 advance to the regular general election.
242 (70) "Resident" means a person who resides within a specific voting precinct in Utah.
243 (71) "Sample ballot" means a mock ballot similar in form to the official ballot printed
244 and distributed as provided in Section 20A-5-405 .
245 (72) "Scratch vote" means to mark or punch the straight party ticket and then mark or
246 punch the ballot for one or more candidates who are members of different political parties.
247 (73) "Secrecy envelope" means the envelope given to a voter along with the ballot into
248 which the voter places the ballot after the voter has voted it in order to preserve the secrecy of
249 the voter's vote.
250 (74) "Special election" means an election held as authorized by Section 20A-1-203 .
251 (75) "Spoiled ballot" means each ballot that:
252 (a) is spoiled by the voter;
253 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
254 (c) lacks the official endorsement.
255 (76) "Statewide special election" means a special election called by the governor or the
256 Legislature in which all registered voters in Utah may vote.
257 (77) "Stub" means the detachable part of each ballot.
258 (78) "Substitute ballots" means replacement ballots provided by an election officer to
259 the poll workers when the official ballots are lost or stolen.
260 (79) "Ticket" means each list of candidates for each political party or for each group of
262 (80) "Transfer case" means the sealed box used to transport voted ballots to the
263 counting center.
264 (81) "Vacancy" means the absence of a person to serve in any position created by
265 statute, whether that absence occurs because of death, disability, disqualification, resignation,
266 or other cause.
267 (82) "Valid voter identification" means:
268 (a) a form of identification that bears the name and photograph of the voter which may
270 (i) a currently valid Utah driver license;
271 (ii) a currently valid identification card that is issued by:
272 (A) the state; or
273 (B) a branch, department, or agency of the United States;
274 (iii) a currently valid Utah permit to carry a concealed weapon;
275 (iv) a currently valid United States passport; or
276 (v) a currently valid United States military identification card;
277 (b) one of the following identification cards, whether or not the card includes a
278 photograph of the voter:
279 (i) a valid tribal identification card;
280 (ii) a Bureau of Indian Affairs card; or
281 (iii) a tribal treaty card; or
282 (c) two forms of identification not listed under Subsection (82)(a) or (b) but that bear
283 the name of the voter and provide evidence that the voter resides in the voting precinct, which
284 may include:
285 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
287 (ii) a bank or other financial account statement, or a legible copy thereof;
288 (iii) a certified birth certificate;
289 (iv) a valid Social Security card;
290 (v) a check issued by the state or the federal government or a legible copy thereof;
291 (vi) a paycheck from the voter's employer, or a legible copy thereof;
292 (vii) a currently valid Utah hunting or fishing license;
293 (viii) certified naturalization documentation;
294 (ix) a currently valid license issued by an authorized agency of the United States;
295 (x) a certified copy of court records showing the voter's adoption or name change;
296 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
297 (xii) a currently valid identification card issued by:
298 (A) a local government within the state;
299 (B) an employer for an employee; or
300 (C) a college, university, technical school, or professional school located within the
301 state; or
302 (xiii) a current Utah vehicle registration.
303 (83) "Valid write-in candidate" means a candidate who has qualified as a write-in
304 candidate by following the procedures and requirements of this title.
305 (84) "Voter" means a person who:
306 (a) meets the requirements for voting in an election;
307 (b) meets the requirements of election registration;
308 (c) is registered to vote; and
309 (d) is listed in the official register book.
310 (85) "Voter registration deadline" means the registration deadline provided in Section
311 20A-2-102.5 .
312 (86) "Voting area" means the area within six feet of the voting booths, voting
313 machines, and ballot box.
314 (87) "Voting booth" means:
315 (a) the space or compartment within a polling place that is provided for the preparation
316 of ballots, including the voting machine enclosure or curtain; or
317 (b) a voting device that is free standing.
318 (88) "Voting device" means:
319 (a) an apparatus in which ballot sheets are used in connection with a punch device for
320 piercing the ballots by the voter;
321 (b) a device for marking the ballots with ink or another substance;
322 (c) an electronic voting device or other device used to make selections and cast a ballot
323 electronically, or any component thereof;
324 (d) an automated voting system under Section 20A-5-302 ; or
325 (e) any other method for recording votes on ballots so that the ballot may be tabulated
326 by means of automatic tabulating equipment.
327 (89) "Voting machine" means a machine designed for the sole purpose of recording
328 and tabulating votes cast by voters at an election.
329 (90) "Voting poll watcher" means a person appointed as provided in this title to
330 witness the distribution of ballots and the voting process.
331 (91) "Voting precinct" means the smallest voting unit established as provided by law
332 within which qualified voters vote at one polling place.
333 (92) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
334 poll watcher, and a testing watcher.
335 (93) "Western States Presidential Primary" means the election established in Chapter 9,
336 Part 8, Western States Presidential Primary.
337 (94) "Write-in ballot" means a ballot containing any write-in votes.
338 (95) "Write-in vote" means a vote cast for a person whose name is not printed on the
339 ballot according to the procedures established in this title.
340 Section 2. Section 20A-5-601 is amended to read:
341 20A-5-601. Poll workers -- Appointment for regular general elections, primary
342 elections, and special elections.
343 (1) (a) By March 1 of each even-numbered year, each county clerk shall provide to the
344 county chair of each registered political party a list of the number of poll workers that the party
345 must nominate for each voting precinct.
346 (b) (i) By April 1 of each even-numbered year, the county chair and secretary of each
347 registered political party shall file a list with the county clerk containing, for each voting
348 precinct, the names of registered voters in the county who are willing to be poll workers and
349 who are competent and trustworthy.
350 (ii) The county chair and secretary shall submit, for each voting precinct, names equal
351 in number to the number required by the county clerk plus one.
352 (2) Each county legislative body shall provide for the appointment of persons to serve
353 as poll workers at the regular primary election, the regular general election, [
354 States Presidential Primary, and a statewide or countywide special election.
355 (3) For regular general elections and statewide or countywide special elections, each
356 county legislative body shall provide for the appointment of:
357 (a) (i) three registered voters from the list to serve as receiving judges for each voting
358 precinct when ballots will be counted after the polls close; or
359 (ii) three registered voters from the list to serve as receiving judges in each voting
360 precinct and three registered voters from the list to serve as counting judges in each voting
361 precinct when ballots will be counted throughout election day; and
362 (b) three registered voters from the list for each 100 absentee ballots to be counted to
363 serve as canvassing judges.
364 (4) For regular primary elections and for the Western States Presidential Primary
365 election, each county legislative body shall provide for the appointment of:
366 (a) (i) two or three registered voters, or one or two registered voters and one person 17
367 years old who will be 18 years old by the date of the next regular general election, from the list
368 to serve as receiving judges for each voting precinct when ballots will be counted after the
369 polls close; or
370 (ii) two or three registered voters, or one or two registered voters and one person 17
371 years old who will be 18 years old by the date of the next regular general election, from the list
372 to serve as receiving judges in each voting precinct and two or three registered voters, or one or
373 two registered voters and one person 17 years old who will be 18 years old by the date of the
374 next regular general election, from the list to serve as counting judges in each voting precinct
375 when ballots will be counted throughout election day; and
376 (b) two or three registered voters, or one or two registered voters and one person 17
377 years old who will be 18 years old by the date of the next regular general election, from the list
378 for each 100 absentee ballots to be counted to serve as canvassing judges.
379 (5) Each county legislative body may provide for the appointment of:
380 (a) three registered voters from the list to serve as inspecting judges at the regular
381 general election, or a statewide or countywide special election, to observe the clerk's receipt
382 and deposit of the ballots for safekeeping; and
383 (b) two or three registered voters, or one or two registered voters and one person 17
384 years old who will be 18 years old by the date of the next regular general election, from the list
385 to serve as inspecting judges at the regular primary election to observe the clerk's receipt and
386 deposit of the ballots for safekeeping.
387 (6) (a) For each set of three counting or receiving judges to be appointed for each
388 voting precinct for the regular primary election, the regular general election, [
389 States Presidential Primary election, or a statewide or countywide special election, the county
390 legislative body shall ensure that:
391 (i) two judges are appointed from the political party that cast the highest number of
392 votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
393 excluding votes for unopposed candidates, in the voting precinct at the last regular general
394 election before the appointment of the election judges; and
395 (ii) one judge is appointed from the political party that cast the second highest number
396 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
397 excluding votes for unopposed candidates, in the voting precinct at the last regular general
398 election before the appointment of the election judges.
399 (b) For each set of two counting or receiving judges to be appointed for each voting
400 precinct for the regular primary election and Western States Presidential Primary election, the
401 county legislative body shall ensure that:
402 (i) one judge is appointed from the political party that cast the highest number of votes
403 for governor, lieutenant governor, attorney general, state auditor, and state treasurer, excluding
404 votes for unopposed candidates, in the voting precinct at the last regular general election before
405 the appointment of the election judges; and
406 (ii) one judge is appointed from the political party that cast the second highest number
407 of votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer,
408 excluding votes for unopposed candidates, in the voting precinct at the last regular general
409 election before the appointment of the election judges.
410 (7) When the voting precinct boundaries have been changed since the last regular
411 general election, the county legislative body shall ensure that:
412 (a) for the regular primary election and the Western States Presidential Primary
413 election, when the county legislative body is using three receiving, counting, and canvassing
414 judges, and regular general election, not more than two of the judges are selected from the
415 political party that cast the highest number of votes for the offices of governor, lieutenant
416 governor, attorney general, state auditor, and state treasurer in the territory that formed the
417 voting precinct at the time of appointment; and
418 (b) for the regular primary election and the Western States Presidential Primary
419 election, when the county legislative body is using two receiving, counting, and canvassing
420 judges, not more than one of the judges is selected from the political party that cast the highest
421 number of votes for the offices of governor, lieutenant governor, attorney general, state auditor,
422 and state treasurer in the territory that formed the voting precinct at the time of appointment.
423 (8) The county legislative body shall provide for the appointment of any qualified
424 county voter as an election judge when:
425 (a) a political party fails to file the poll worker list by the filing deadline; or
426 (b) the list is incomplete.
427 (9) A registered voter of the county may serve as a poll worker in any voting precinct
428 of the county.
429 (10) If a person serves as a poll worker outside the voting precinct where the person is
430 registered, that person may vote an absentee voter ballot.
431 (11) The county clerk shall fill all poll worker vacancies.
432 (12) If a conflict arises over the right to certify the poll worker lists for any political
433 party, the county legislative body may decide between conflicting lists, but may only select
434 names from a properly submitted list.
435 (13) The county legislative body shall establish compensation for poll workers.
436 (14) The county clerk may appoint additional poll workers to serve in the polling place
437 as needed.
438 Section 3. Section 20A-5-602 is amended to read:
439 20A-5-602. Poll workers -- Appointment for local elections.
440 (1) At least 15 days before the date scheduled for any local election, the county
441 legislative body, the municipal legislative body, or the local district board shall appoint or
442 provide for the appointment of:
443 (a) in jurisdictions using paper ballots:
444 (i) three registered voters, or two registered voters and one person 17 years old who
445 will be 18 years old by the date of the [
446 county to serve as poll workers for each voting precinct when the ballots will be counted after
447 the polls close; or
448 (ii) three registered voters, or two registered voters and one person 17 years old who
449 will be 18 years old by the date of the [
450 county to serve as receiving judges in each voting precinct and three registered voters, or two
451 registered voters and one person 17 years old who will be 18 years old by the date of the
453 each voting precinct when ballots will be counted throughout election day;
454 (b) in jurisdictions using automated tabulating equipment, three registered voters, or
455 two registered voters and one person 17 years old who will be 18 years old by the date of the
457 each voting precinct;
458 (c) in jurisdictions using voting machines, four registered voters, or three registered
459 voters and one person 17 years old who will be 18 years old by the date of the [
461 precinct; and
462 (d) in all jurisdictions:
463 (i) at least one registered voter who resides within the county to serve as canvassing
464 judge, if necessary; and
465 (ii) as many alternate poll workers as needed to replace appointed poll workers who are
466 unable to serve.
467 (2) The county legislative body, the municipal legislative body, and the local district
468 board may not appoint any candidate's parent, sibling, spouse, child, or in-law to serve as a poll
469 worker in the voting precinct where the candidate resides.
470 (3) The clerk shall:
471 (a) prepare and file a list containing the name, address, voting precinct, and telephone
472 number of each person appointed; and
473 (b) make the list available in the clerk's office for inspection, examination, and copying
474 during business hours.
475 (4) (a) The county legislative body, the municipal legislative body, and the local
476 district board shall compensate poll workers for their services.
477 (b) The municipal legislative body and local district board may not compensate their
478 poll workers at a rate higher than that paid by the county to its poll workers.
Legislative Review Note
as of 9-11-13 11:12 AM