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H.B. 348 Enrolled
1
ELECTION CODE - ELECTRONIC VOTING
2
PROCEDURES AND REQUIREMENTS
3
2006 GENERAL SESSION
4
STATE OF UTAH
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Chief Sponsor: Douglas C. Aagard
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Senate Sponsor:
Sheldon L. Killpack
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8
LONG TITLE
9
General Description:
10
This bill modifies the Election Code to update existing procedures and definitions and
11
to comply with electronic voting equipment requirements.
12
Highlighted Provisions:
13
This bill:
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. provides and modifies definitions;
15
. removes references requiring the official record to be a printed book;
16
. removes the requirement to create a posting list;
17
. provides for voting procedures when using machine-readable ballot sheets;
18
. provides for voting procedures when using electronic ballots;
19
. provides ballot formatting requirements for straight party ticket selections and
20
write-in candidates;
21
. requires a voter to mark a box or select the name of a write-in candidate in order for
22
a write-in vote to be recorded;
23
. modifies formatting requirements for paper ballots to require that all paper ballots
24
contain a check box next to the name of write-in candidates;
25
. provides that watchers shall be permitted to observe testing of voting devices and
26
equipment;
27
. provides that one or more poll workers shall deliver election returns to the counting
28
center;
29
. provides that poll workers delivering election returns shall be paid reasonable
30
compensation for mileage for a round trip rather than a designated sum per mile one way;
31
. permits electronic transmission of unofficial poll results to counting centers if
32
security measures are taken;
33
. modifies the date for delivery of election returns so returns are always available
34
before the state canvass;
35
. modifies formatting and content requirements for the official register;
36
. modifies ballot delivery timelines;
37
. requires election officials to correct or post notice of errors discovered in electronic
38
ballots at each voting booth;
39
. requires election officials to provide paper ballots and ballot sheets in an amount
40
sufficient to meet voting needs during an election;
41
. provides procedures for delivery of voting equipment to polling places and requires
42
that receipts be issued when voting devices are delivered to poll workers;
43
. requires that voting devices be repaired or substituted if voting devices contain
44
incorrect ballot information, are not functioning properly, appear to have been
45
tampered with, or other similar circumstances;
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. permits the election officer to determine the time that poll workers arrive at the
47
polling place;
48
. permits the election officer to designate which poll workers will act as election
49
judges and to designate a presiding judge;
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. removes a requirement that election returns must be returned to the election officer
51
by two persons of a different political party;
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. provides a criminal penalty for intentionally or knowingly damaging, modifying,
53
tampering with, or destroying voting devices or equipment;
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. provides ballot formatting requirements and ballot preparation procedures for
55
machine-readable ballot sheets;
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. provides ballot formatting requirements and ballot preparation procedures for
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electronic ballots; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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This bill coordinates with S.B. 10 by providing technical changes.
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Utah Code Sections Affected:
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AMENDS:
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20A-1-102, as last amended by Chapter 105, Laws of Utah 2005
66
20A-2-202, as last amended by Chapter 117, Laws of Utah 2003
67
20A-2-204, as last amended by Chapters 10, 24 and 183, Laws of Utah 1997
68
20A-2-205, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
69
20A-3-104, as last amended by Chapter 37, Laws of Utah 2003
70
20A-3-104.5, as last amended by Chapter 159, Laws of Utah 2003
71
20A-3-105, as last amended by Chapter 177, Laws of Utah 2002
72
20A-3-106, as enacted by Chapter 1, Laws of Utah 1993
73
20A-3-201, as last amended by Chapter 22, Laws of Utah 1999
74
20A-3-202, as last amended by Chapter 105, Laws of Utah 2005
75
20A-3-303, as enacted by Chapter 1, Laws of Utah 1993
76
20A-4-103, as last amended by Chapter 177, Laws of Utah 2002
77
20A-4-104, as last amended by Chapter 177, Laws of Utah 2002
78
20A-4-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
79
20A-4-304, as last amended by Chapter 11, Laws of Utah 2002, Fifth Special Session
80
20A-5-202, as last amended by Chapter 45, Laws of Utah 1999
81
20A-5-205, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
82
20A-5-401, as last amended by Chapter 105, Laws of Utah 2005
83
20A-5-403, as last amended by Chapter 24, Laws of Utah 2004
84
20A-5-405, as last amended by Chapter 340, Laws of Utah 1995
85
20A-5-406, as last amended by Chapter 340, Laws of Utah 1995
86
20A-5-605, as last amended by Chapter 282, Laws of Utah 1998
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20A-6-102, as enacted by Chapter 2, Laws of Utah 1994
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20A-6-203, as enacted by Chapter 328, Laws of Utah 2000
89
20A-6-301, as last amended by Chapter 105, Laws of Utah 2005
90
20A-6-302, as last amended by Chapter 241, Laws of Utah 2001
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20A-6-303, as last amended by Chapter 105, Laws of Utah 2005
92
20A-6-401.1, as enacted by Chapter 328, Laws of Utah 2000
93
20A-6-402, as last amended by Chapter 105, Laws of Utah 2005
94
20A-9-806, as last amended by Chapter 177, Laws of Utah 2002
95
20A-9-808, as last amended by Chapter 117, Laws of Utah 2003
96
ENACTS:
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20A-5-706, Utah Code Annotated 1953
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20A-6-304, Utah Code Annotated 1953
99
REPEALS:
100
20A-6-104, as enacted by Chapter 313, Laws of Utah 2001
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102
Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-102
is amended to read:
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20A-1-102. Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive
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voter by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines
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and counts votes recorded on paper ballots or ballot [cards] sheets and tabulates the results.
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(3) "Ballot" means the [cardboard, paper, or other material] storage medium, whether
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paper, mechanical, or electronic, upon which a voter records his votes and includes ballot
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[cards] sheets, paper ballots, electronic ballots, and secrecy envelopes.
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(4) "Ballot [card] sheet":
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(a) means a ballot that:
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(i) consists of paper or a card where the voter's votes are marked or recorded; and
116
(ii) can be counted using automatic tabulating equipment[.]; and
117
(b) includes punch card ballots, and other ballots that are machine-countable.
118
(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
119
contain the names of offices and candidates and statements of ballot propositions to be voted
120
on and which are used in conjunction with ballot [cards] sheets that do not display that
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information.
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(6) "Ballot proposition" means opinion questions specifically authorized by the
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Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
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that are submitted to the voters for their approval or rejection.
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(7) "Board of canvassers" means the entities established by Sections
20A-4-301
and
126
20A-4-306
to canvass election returns.
127
(8) "Bond election" means an election held for the purpose of approving or rejecting
128
the proposed issuance of bonds by a government entity.
129
(9) "Book voter registration form" means voter registration forms contained in a bound
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book that are used by election officers and registration agents to register persons to vote.
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(10) "By-mail voter registration form" means a voter registration form designed to be
132
completed by the voter and mailed to the election officer.
133
(11) "Canvass" means the review of election returns and the official declaration of
134
election results by the board of canvassers.
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(12) "Canvassing judge" means [an election judge] a poll worker designated to assist in
136
counting ballots at the canvass.
137
(13) "Convention" means the political party convention at which party officers and
138
delegates are selected.
139
(14) "Counting center" means one or more locations selected by the election officer in
140
charge of the election for the automatic counting of ballots.
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(15) "Counting judge" means a [judge] poll worker designated to count the ballots
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during election day.
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(16) "Counting poll watcher" means a person selected as provided in Section
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20A-3-201
to witness the counting of ballots.
145
(17) "Counting room" means a suitable and convenient private place or room,
146
immediately adjoining the place where the election is being held, for use by the counting
147
judges to count ballots during election day.
148
(18) "County executive" has the meaning as provided in Subsection
68-3-12
(2).
149
(19) "County legislative body" has the meaning as provided in Subsection
68-3-12
(2).
150
(20) "County officers" means those county officers that are required by law to be
151
elected.
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(21) "Election" means a regular general election, a municipal general election, a
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statewide special election, a local special election, a regular primary election, a municipal
154
primary election, and a special district election.
155
(22) "Election Assistance Commission" means the commission established by Public
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Law 107-252, the Help America Vote Act of 2002.
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(23) "Election cycle" means the period beginning on the first day persons are eligible to
158
file declarations of candidacy and ending when the canvass is completed.
159
(24) "Election judge" means each canvassing judge, counting judge, and receiving
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judge.
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(25) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots;
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(b) the county clerk or clerks for all county ballots and for certain ballots and elections
164
as provided in Section
20A-5-400.5
;
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(c) the municipal clerk for all municipal ballots and for certain ballots and elections as
166
provided in Section
20A-5-400.5
;
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(d) the special district clerk or chief executive officer for certain ballots and elections
168
as provided in Section
20A-5-400.5
; and
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(e) the business administrator or superintendent of a school district for certain ballots
170
or elections as provided in Section
20A-5-400.5
.
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(26) "Election official" means any election officer, election judge, poll worker, or
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satellite registrar.
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(27) "Election results" means, for bond elections, the count of those votes cast for and
174
against the bond proposition plus any or all of the election returns that the board of canvassers
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may request.
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(28) "Election returns" includes the pollbook, all affidavits of registration, the military
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and overseas absentee voter registration and voting certificates, one of the tally sheets, any
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unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
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spoiled ballots, the ballot disposition form, and the total votes cast form.
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(29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
181
device or other voting device that records and stores ballot information by electronic means.
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[(29)] (30) "Electronic voting system" means a system in which a voting device is used
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in conjunction with ballots so that votes recorded by the voter are counted and tabulated by
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automatic tabulating equipment.
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[(30)] (31) "Inactive voter" means a registered voter who has been sent the notice
186
required by Section
20A-2-306
and who has failed to respond to that notice.
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[(31)] (32) "Inspecting poll watcher" means a person selected as provided in this title to
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witness the receipt and safe deposit of voted and counted ballots.
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[(32)] (33) "Judicial office" means the office filled by any judicial officer.
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[(33)] (34) "Judicial officer" means any justice or judge of a court of record or any
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county court judge.
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[(34)] (35) "Local election" means a regular municipal election, a local special
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election, a special district election, and a bond election.
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[(35)] (36) "Local political subdivision" means a county, a municipality, a special
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district, or a local school district.
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[(36)] (37) "Local special election" means a special election called by the governing
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body of a local political subdivision in which all registered voters of the local political
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subdivision may vote.
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[(37)] (38) "Municipal executive" means:
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(a) the city commission, city council, or town council in the traditional management
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arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the mayor in the council-mayor optional form of government defined in Section
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10-3-101
; and
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(c) the manager in the council-manager optional form of government defined in
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Section
10-3-101
.
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[(38)] (39) "Municipal general election" means the election held in municipalities and
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special districts on the first Tuesday after the first Monday in November of each odd-numbered
208
year for the purposes established in Section
20A-1-202
.
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[(39)] (40) "Municipal legislative body" means:
210
(a) the city commission, city council, or town council in the traditional management
211
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the municipal council in the council-mayor optional form of government defined in
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Section
10-3-101
; and
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(c) the municipal council in the council-manager optional form of government defined
215
in Section
10-3-101
.
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[(40)] (41) "Municipal officers" means those municipal officers that are required by
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law to be elected.
218
[(41)] (42) "Municipal primary election" means an election held to nominate
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candidates for municipal office.
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[(42)] (43) "Official ballot" means the ballots distributed by the election officer to the
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[election judges] poll workers to be given to voters to record their votes.
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[(43)] (44) "Official endorsement" means:
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(a) the information on the ballot that identifies:
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(i) the ballot as an official ballot;
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(ii) the date of the election; and
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(iii) the facsimile signature of the election officer; and
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(b) the information on the ballot stub that identifies:
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(i) the [election judge's] poll worker's initials; and
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(ii) the ballot number.
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[(44)] (45) "Official register" means the [book] official record furnished to election
231
officials by the election officer that contains the information required by Section
20A-5-401
.
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[(45)] (46) "Paper ballot" means a paper that contains:
233
(a) the names of offices and candidates and statements of ballot propositions to be
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voted on; and
235
(b) spaces for the voter to record his vote for each office and for or against each ballot
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proposition.
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[(46)] (47) "Political party" means an organization of registered voters that has
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qualified to participate in an election by meeting the requirements of Title 20A, Chapter 8,
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Political Party Formation and Procedures.
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(48) (a) "Poll worker" means a person assigned by an election official to assist with an
241
election, voting, or counting votes.
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(b) "Poll worker" includes election judges.
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(c) "Poll worker" does not include a watcher.
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(49) "Pollbook" means a record of the names of voters in the order that they appear to
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cast votes.
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[(47)] (50) "Polling place" means the building where residents of a voting precinct vote
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or where absentee voting is conducted.
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[(48)] (51) "Position" means a square, circle, rectangle, or other geometric shape on a
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ballot in which the voter marks his choice.
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[(49) "Posting list" means a list of registered voters within a voting precinct.]
251
[(50)] (52) "Proof of identity" means some form of photo identification, such as a
252
driver license or identification card, that establishes a person's identity.
253
[(51)] (53) "Proof of residence" means some official document or form, such as a
254
driver license or utility bill that establishes a person's residence.
255
[(52)] (54) "Provisional ballot" means a ballot voted provisionally by a person:
256
(a) whose name is not listed on the official register at the polling place; or
257
(b) whose legal right to vote is challenged as provided in this title.
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[(53)] (55) "Provisional ballot envelope" means an envelope printed in the form
259
required by Section
20A-6-105
that is used to identify provisional ballots and to provide
260
information to verify a person's legal right to vote.
261
[(54)] (56) "Primary convention" means the political party conventions at which
262
nominees for the regular primary election are selected.
263
[(55)] (57) "Protective counter" means a separate counter, which cannot be reset, that is
264
built into a voting machine and records the total number of movements of the operating lever.
265
[(56)] (58) "Qualify" or "qualified" means to take the oath of office and begin
266
performing the duties of the position for which the person was elected.
267
[(57)] (59) "Receiving judge" means the [election judge] poll worker that checks the
268
voter's name in the official register, provides the voter with a ballot, and removes the ballot
269
stub from the ballot after the voter has voted.
270
[(58)] (60) "Registration days" means the days designated in Section
20A-2-203
when
271
a voter may register to vote with a satellite registrar.
272
[(59)] (61) "Registration form" means a book voter registration form and a by-mail
273
voter registration form.
274
[(60)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
275
[(61)] (63) "Regular general election" means the election held throughout the state on
276
the first Tuesday after the first Monday in November of each even-numbered year for the
277
purposes established in Section
20A-1-201
.
278
[(62)] (64) "Regular primary election" means the election on the fourth Tuesday of
279
June of each even-numbered year, at which candidates of political parties and nonpolitical
280
groups are voted for nomination.
281
[(63)] (65) "Resident" means a person who resides within a specific voting precinct in
282
Utah.
283
[(64)] (66) "Sample ballot" means a mock ballot similar in form to the official ballot
284
printed and distributed as provided in Section
20A-5-405
.
285
[(65)] (67) "Satellite registrar" means a person appointed under Section
20A-5-201
to
286
register voters and perform other duties.
287
[(66)] (68) "Scratch vote" means to mark or punch the straight party ticket and then
288
mark or punch the ballot for one or more candidates who are members of different political
289
parties.
290
[(67)] (69) "Secrecy envelope" means the envelope given to a voter along with the
291
ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy
292
of the voter's vote.
293
[(68)] (70) "Special district" means those local government entities created under the
294
authority of Title 17A.
295
[(69)] (71) "Special district officers" means those special district officers that are
296
required by law to be elected.
297
[(70)] (72) "Special election" means an election held as authorized by Section
298
20A-1-204
.
299
[(71)] (73) "Spoiled ballot" means each ballot that:
300
(a) is spoiled by the voter;
301
(b) is unable to be voted because it was spoiled by the printer or [the election judge] a
302
poll worker; or
303
(c) lacks the official endorsement.
304
[(72)] (74) "Statewide special election" means a special election called by the governor
305
or the Legislature in which all registered voters in Utah may vote.
306
[(73)] (75) "Stub" means the detachable part of each ballot.
307
[(74)] (76) "Substitute ballots" means replacement ballots provided by an election
308
officer to the [election judges] poll workers when the official ballots are lost or stolen.
309
[(75)] (77) "Ticket" means each list of candidates for each political party or for each
310
group of petitioners.
311
[(76)] (78) "Transfer case" means the sealed box used to transport voted ballots to the
312
counting center.
313
[(77)] (79) "Vacancy" means the absence of a person to serve in any position created
314
by statute, whether that absence occurs because of death, disability, disqualification,
315
resignation, or other cause.
316
[(78)] (80) "Valid write-in candidate" means a candidate who has qualified as a
317
write-in candidate by following the procedures and requirements of this title.
318
[(79)] (81) "Voter" means a person who meets the requirements for voting in an
319
election, meets the requirements of election registration, is registered to vote, and is listed in
320
the official register book.
321
[(80)] (82) "Voting area" means the area within six feet of the voting booths, voting
322
machines, and ballot box.
323
[(81)] (83) "Voting booth" means:
324
(a) the space or compartment within a polling place that is provided for the preparation
325
of ballots [and includes], including the voting machine enclosure or curtain[.]; or
326
(b) a voting device that is free standing.
327
[(82)] (84) "Voting device" means:
328
(a) an apparatus in which ballot [cards] sheets are used in connection with a punch
329
device for piercing the ballots by the voter;
330
(b) a device for marking the ballots with ink or another substance; [or]
331
(c) a device used to make selections and cast a ballot electronically, or any component
332
thereof;
333
(d) an automated voting system under Section
20A-5-302
; or
334
[(c)] (e) any other method for recording votes on ballots so that the ballot may be
335
tabulated by means of automatic tabulating equipment.
336
[(83)] (85) "Voting machine" means a machine designed for the sole purpose of
337
recording and tabulating votes cast by voters at an election.
338
[(84)] (86) "Voting poll watcher" means a person appointed as provided in this title to
339
witness the distribution of ballots and the voting process.
340
[(85)] (87) "Voting precinct" means the smallest voting unit established as provided by
341
law within which qualified voters vote at one polling place.
342
[(86)] (88) "Watcher" means a voting poll watcher, a counting poll watcher, [and] an
343
inspecting poll watcher, and a testing watcher.
344
[(87)] (89) "Western States Presidential Primary" means the election established in
345
Title 20A, Chapter 9, Part 8.
346
[(88)] (90) "Write-in ballot" means a ballot containing any write-in votes.
347
[(89)] (91) "Write-in vote" means a vote cast for a person whose name is not printed on
348
the ballot according to the procedures established in this title.
349
Section 2.
Section
20A-2-202
is amended to read:
350
20A-2-202. Registration by mail.
351
(1) (a) A citizen who will be qualified to vote at the next election may register by mail.
352
(b) To register by mail, a citizen shall complete and sign the by-mail registration form
353
and mail or deliver it to the county clerk of the county in which the citizen resides.
354
(c) (i) In order to register to vote in a particular election, the citizen shall:
355
(A) address the by-mail voter registration form to the county clerk; and
356
(B) ensure that it is postmarked at least 20 days before the date of the election.
357
(ii) If the voter is registering for the first time in the county, the citizen shall either:
358
(A) submit a copy of a proof of identification or proof of residence with the by-mail
359
voter registration form; or
360
(B) submit proof of identification or proof of residence to the [election judge] poll
361
worker at the time the citizen votes.
362
(d) The citizen has effectively registered to vote under this section only when the
363
county clerk's office has received a correctly completed by-mail voter registration form.
364
(2) Upon receipt of a correctly completed by-mail voter registration form, the county
365
clerk shall:
366
(a) enter the applicant's name on the list of registered voters for the voting precinct in
367
which the applicant resides; and
368
(b) mail confirmation of registration to the newly registered voter after entering the
369
applicant's voting precinct number on that copy.
370
(3) (a) If the county clerk receives a correctly completed by-mail voter registration
371
form that is postmarked less than 20 days before an election, the county clerk shall:
372
(i) register the applicant after the next election; and
373
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
374
informing the applicant that his registration will not be effective until after the election.
375
(b) When the county clerk receives by-mail voter registration forms at least seven days
376
before an election that are postmarked at least 20 days before the election, the county clerk
377
shall:
378
(i) process the by-mail voter registration forms; and
379
(ii) record the new voters in the official register [and posting list].
380
(4) If the county clerk determines that a registration form received by mail or otherwise
381
is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
382
the person attempting to register, informing him that he has not been registered because of an
383
error or because the form is incomplete.
384
Section 3.
Section
20A-2-204
is amended to read:
385
20A-2-204. Registering to vote when applying for or renewing a driver license.
386
(1) As used in this section, "voter registration form" means the driver license
387
application/voter registration form and the driver license renewal/voter registration form
388
required by Section
20A-2-108
.
389
(2) Any citizen who is qualified to vote may register to vote by completing the voter
390
registration form.
391
(3) The Driver License Division shall:
392
(a) assist applicants in completing the voter registration form unless the applicant
393
refuses assistance;
394
(b) accept completed forms for transmittal to the appropriate election official;
395
(c) transmit a copy of each voter registration form to the appropriate election official
396
within five days after it is received by the division;
397
(d) transmit each address change within five days after it is received by the division;
398
and
399
(e) transmit electronically to the lieutenant governor's office the name, address, birth
400
date, and driver license number of each person who answers "yes" to the question on the driver
401
license form about registering to vote.
402
(4) Upon receipt of a correctly completed voter registration form, the county clerk
403
shall:
404
(a) enter the applicant's name on the list of registered voters for the voting precinct in
405
which the applicant resides; and
406
(b) notify the applicant of registration.
407
(5) (a) If the county clerk receives a correctly completed voter registration form that is
408
dated less than 20 days before an election, the county clerk shall:
409
(i) register the applicant after the next election; and
410
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
411
informing the applicant that his registration will not be effective until after the election.
412
(b) When the county clerk receives any voter registration forms at least seven days
413
before an election that are dated at least 20 days before the election, the county clerk shall:
414
(i) process the voter registration forms; and
415
(ii) record the new voters in the official register [and posting list].
416
(6) If the county clerk determines that a voter registration form received from the
417
Driver License Division is incorrect because of an error or because it is incomplete, the county
418
clerk shall mail notice to the person attempting to register, informing him that he has not been
419
registered because of an error or because the form is incomplete.
420
Section 4.
Section
20A-2-205
is amended to read:
421
20A-2-205. Registration at voter registration agencies.
422
(1) As used in this section:
423
(a) "Discretionary voter registration agency" means each office designated by the
424
county clerk under Part 3 to provide by-mail voter registration forms to the public.
425
(b) "Public assistance agency" means each office in Utah that provides:
426
(i) public assistance; or
427
(ii) state funded programs primarily engaged in providing services to people with
428
disabilities.
429
(2) Any person may obtain and complete a by-mail registration form at a public
430
assistance agency or discretionary voter registration agency.
431
(3) Each public assistance agency and discretionary voter registration agency shall
432
provide, either as part of existing forms or on a separate form, the following information in
433
substantially the following form:
434
"REGISTERING TO VOTE
435
If you are not registered to vote where you live now, would you like to apply to register
436
to vote here today? (Applying to register to vote or declining to register to vote will not affect
437
the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
438
DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
439
NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
440
voter registration application form, we will help you. The decision about whether or not to
441
seek or accept help is yours. You may fill out the application form in private. If you believe
442
that someone has interfered with your right to register or to decline to register to vote, your
443
right to privacy in deciding whether or not to register, or in applying to register to vote, or your
444
right to choose your own political party or other political preference, you may file a complaint
445
with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
446
84114. (801) 538-1040."
447
(4) Unless a person applying for service or assistance from a public assistance agency
448
or discretionary voter registration agency declines, in writing, to register to vote, each public
449
assistance agency and discretionary voter registration agency shall:
450
(a) distribute a by-mail voter registration form with each application for service or
451
assistance provided by the agency or office;
452
(b) assist applicants in completing the voter registration form unless the applicant
453
refuses assistance;
454
(c) accept completed forms for transmittal to the appropriate election official; and
455
(d) transmit a copy of each voter registration form to the appropriate election official
456
within five days after it is received by the division.
457
(5) A person in a public assistance agency or a discretionary voter registration agency
458
that helps a person complete the voter registration form may not:
459
(a) seek to influence an applicant's political preference or party registration;
460
(b) display any political preference or party allegiance;
461
(c) make any statement to an applicant or take any action that has the purpose or effect
462
of discouraging the applicant from registering to vote; or
463
(d) make any statement to an applicant or take any action that has the purpose or effect
464
of leading the applicant to believe that a decision to register or not to register has any bearing
465
upon the availability of services or benefits.
466
(6) Upon receipt of a correctly completed voter registration form, the county clerk
467
shall:
468
(a) enter the applicant's name on the list of registered voters for the voting precinct in
469
which the applicant resides; and
470
(b) notify the applicant of registration.
471
(7) (a) If the county clerk receives a correctly completed voter registration form that is
472
dated less than 20 days before an election, the county clerk shall:
473
(i) register the applicant after the next election; and
474
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
475
informing the applicant that his registration will not be effective until after the election.
476
(b) When the county clerk receives any voter registration forms at least seven days
477
before an election that are dated at least 20 days before the election, the county clerk shall:
478
(i) process the voter registration forms; and
479
(ii) record the new voters in the official register [and posting list].
480
(8) If the county clerk determines that a voter registration form received from a public
481
assistance agency or discretionary voter registration agency is incorrect because of an error or
482
because it is incomplete, the county clerk shall mail notice to the person attempting to register,
483
informing him that he has not been registered because of an error or because the form is
484
incomplete.
485
Section 5.
Section
20A-3-104
is amended to read:
486
20A-3-104. Manner of voting.
487
(1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
488
residence, to one of the [election judges] poll workers.
489
(b) If [an election judge] a poll worker does not know the person requesting a ballot
490
and has reason to doubt that person's identity, the [judge] poll worker shall request
491
identification or have the voter identified by a known registered voter of the district.
492
(c) If the voter is voting for the first time in the jurisdiction or is otherwise required to
493
present proof of identity or proof of residence as indicated by a notation in the official register,
494
the [election judge] poll worker shall request proof of identity or proof of residence from the
495
voter.
496
(d) If the [election judge] poll worker is satisfied that the voter has established proof of
497
identity and proof of residence, the [election judge] poll worker shall:
498
(i) record the type of proof of identity or proof of residence provided by the voter in the
499
appropriate space in the official register; and
500
(ii) follow the procedures of Subsection (3).
501
(e) If the [election judge] poll worker is not satisfied that the voter has established
502
proof of identity or proof of residence, the [election judge] poll worker shall:
503
(i) indicate on the official register that the voter failed to provide adequate proof of
504
identity or proof of residence;
505
(ii) issue the voter a provisional ballot; and
506
(iii) follow the procedures and requirements of Section
20A-3-105.5
.
507
(f) If the person's right to vote is challenged as provided in Section
20A-3-202
, the
508
[judge] poll worker shall follow the procedures and requirements of Section
20A-3-105.5
.
509
(2) (a) When the voter is properly identified, the [election judge] poll worker in charge
510
of the official register shall check the official register to determine whether or not the person is
511
registered to vote.
512
(b) If the voter's name is not found on the official register, the [election judge] poll
513
worker shall follow the procedures and requirements of Section
20A-3-105.5
.
514
(3) If the [election judge] poll worker determines that the voter is registered and:
515
(a) if the ballot is a paper ballot or a ballot sheet:
516
[(a)] (i) the [election judge] poll worker in charge of the official register shall:
517
[(i)] (A) write the ballot number opposite the name of the voter in the official register;
518
and
519
[(ii)] (B) direct the voter to sign his name in the election column in the official register;
520
[(b)] (ii) another [judge] poll worker shall list the ballot number and voter's name in the
521
pollbook; and
522
[(c)] (iii) the [election judge] poll worker having charge of the ballots shall:
523
[(i)] (A) endorse his initials on the stub;
524
[(ii)] (B) check the name of the voter on the pollbook list with the number of the stub;
525
[(iii)] (C) hand the voter a ballot; and
526
[(iv)] (D) allow the voter to enter the voting booth[.]; or
527
(b) if the ballot is an electronic ballot:
528
(i) the poll worker in charge of the official register shall direct the voter to sign the
529
voter's name in the official register;
530
(ii) another poll worker shall list the voter's name in the pollbook; and
531
(iii) the poll worker having charge of the ballots shall:
532
(A) provide the voter access to the electronic ballot; and
533
(B) allow the voter to vote the electronic ballot.
534
(4) Whenever the election officer is required to furnish more than one kind of official
535
ballot to the voting precinct, the [election judges] poll workers of that voting precinct shall give
536
the registered voter the kind of ballot that the voter is qualified to vote.
537
Section 6.
Section
20A-3-104.5
is amended to read:
538
20A-3-104.5. Voting -- Regular primary election.
539
(1) (a) Any registered voter desiring to vote at the regular primary election shall give
540
his name, the name of the registered political party whose ballot the voter wishes to vote, and,
541
if requested, his residence, to one of the [election judges] poll workers.
542
(b) If [an election judge] a poll worker does not know the person requesting a ballot
543
and has reason to doubt that person's identity, the [judge] poll worker shall request
544
identification or have the voter identified by a known registered voter of the district.
545
(c) If the voter is challenged as provided in Section
20A-3-202
, the [judge] poll worker
546
shall provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are
547
false.
548
(2) (a) (i) When the voter is properly identified, the [election judge] poll worker in
549
charge of the official register shall check the official register to determine:
550
(A) whether or not the person is registered to vote; and
551
(B) whether or not the person's party affiliation designation in the official register
552
allows the voter to vote the ballot that the voter requested.
553
(ii) If the official register does not affirmatively identify the voter as being affiliated
554
with a registered political party or if the official register identifies the voter as being
555
"unaffiliated," the voter shall be considered to be "unaffiliated."
556
(b) (i) If the voter's name is not found on the official register and, if it is not unduly
557
disruptive of the election process, the [election judge] poll worker shall attempt to contact the
558
county clerk's office to request oral verification of the voter's registration.
559
(ii) If oral verification is received from the county clerk's office, the [judge] poll
560
worker shall record the verification on the official register, determine the voter's party
561
affiliation and the ballot that the voter is qualified to vote, and perform the other administrative
562
steps required by Subsection (3).
563
(c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
564
affiliation listed in the official register does not allow the voter to vote the ballot that the voter
565
requested, the [election judge] poll worker shall inform the voter of that fact and inform the
566
voter of the ballot or ballots that the voter's party affiliation does allow the voter to vote.
567
(ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
568
register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
569
registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the
570
ballot that the voter requests, the [election judge] poll worker shall ask the voter if the voter
571
wishes to vote another registered political party ballot that the voter, as "unaffiliated," is
572
authorized to vote, or remain "unaffiliated."
573
(B) If the voter wishes to vote another registered political party ballot that the
574
unaffiliated voter is authorized to vote, the [election judge] poll worker shall proceed as
575
required by Subsection (3).
576
(C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
577
that unaffiliated voters are authorized to vote, the [election judge] poll worker shall instruct the
578
voter that the voter may not vote.
579
(iii) For the primary elections held in 2004, 2006, and 2008 only:
580
(A) If the voter is listed in the official register as "unaffiliated," or if the official
581
register does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a
582
registered political party, the [election judge] poll worker shall ask the voter if the voter wishes
583
to affiliate with a registered political party, or remain "unaffiliated."
584
(B) If the voter wishes to affiliate with the registered political party whose ballot the
585
voter requested, the [election judge] poll worker shall direct the voter to complete the change
586
of party affiliation form and proceed as required by Subsection (3).
587
(C) If the voter wishes to remain unaffiliated and wishes to vote another registered
588
political party ballot that the unaffiliated voter is authorized to vote, the [election judge] poll
589
worker shall proceed as required by Subsection (3).
590
(D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
591
that unaffiliated voters are authorized to vote, the [election judge] poll worker shall instruct the
592
voter that the voter may not vote.
593
(3) If the [election judge] poll worker determines that the voter is registered and
594
eligible, under Subsection (2), to vote the ballot that the voter requested and:
595
(a) if the ballot is a paper ballot or a ballot sheet:
596
[(a)] (i) the [election judge] poll worker in charge of the official register shall:
597
[(i)] (A) write the ballot number and the name of the registered political party whose
598
ballot the voter voted opposite the name of the voter in the official register; and
599
[(ii)] (B) direct the voter to sign his name in the election column in the official register;
600
[(b)] (ii) another [judge] poll worker shall list the ballot number and voter's name in the
601
pollbook; and
602
[(c)] (iii) the [election judge] poll worker having charge of the ballots shall:
603
[(i)] (A) endorse his initials on the stub;
604
[(ii)] (B) check the name of the voter on the pollbook list with the number of the stub;
605
[(iii)] (C) hand the voter the ballot for the registered political party that the voter
606
requested and for which the voter is authorized to vote; and
607
[(iv)] (D) allow the voter to enter the voting booth[.]; or
608
(b) if the ballot is an electronic ballot:
609
(i) the poll worker in charge of the official register shall direct the voter to sign his
610
name in the official register;
611
(ii) another poll worker shall list the voter's name in the pollbook; and
612
(iii) the poll worker having charge of the ballots shall:
613
(A) provide the voter access to the electronic ballot for the registered political party
614
that the voter requested and for which the voter is authorized to vote; and
615
(B) allow the voter to vote the electronic ballot.
616
(4) Whenever the election officer is required to furnish more than one kind of official
617
ballot to the voting precinct, the [election judges] poll workers of that voting precinct shall give
618
the registered voter the kind of ballot that the voter is qualified to vote.
619
Section 7.
Section
20A-3-105
is amended to read:
620
20A-3-105. Marking and depositing ballots.
621
(1) (a) If a paper [ballots are] ballot is used, the voter, upon receipt of the ballot, shall
622
go to a voting booth and prepare the voter's ballot by marking the appropriate position with a
623
mark opposite the name of each candidate of the voter's choice for each office to be filled.
624
(b) A mark is not required opposite the name of a write-in candidate.
625
(c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in
626
the appropriate square with a mark opposite the answer the voter intends to make.
627
(d) Before leaving the booth, the voter shall:
628
(i) fold the ballot so that its contents are concealed and the stub can be removed; and
629
(ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
630
envelope and complete the information printed on the envelope.
631
(2) (a) (i) If a punch card ballot [cards are] is used, the voter shall insert the ballot
632
[card] sheet into the voting device and mark the ballot [card] sheet according to the instructions
633
provided on the device.
634
(ii) If the voter is issued a ballot [card] sheet with a long stub without a secrecy
635
envelope, the voter shall record any write-in votes on the long stub.
636
(iii) If the voter is issued a ballot [card] sheet with a secrecy envelope, the voter shall
637
record any write-in votes on the secrecy envelope.
638
(b) After the voter has marked the ballot [card] sheet, the voter shall either:
639
(i) place the ballot [card] sheet inside the secrecy envelope, if one is provided; or
640
(ii) fold the long stub over the face of the ballot [card] sheet to maintain the secrecy of
641
the vote if the voter is issued a ballot [card] sheet with a long stub without a secrecy envelope.
642
(c) If the ballot is a provisional ballot, the voter shall place the ballot [card] sheet in the
643
provisional ballot envelope and complete the information printed on the envelope.
644
(3) (a) If a ballot sheet other than a punch card is used, the voter shall mark the ballot
645
sheet according to the instructions provided on the voting device or ballot sheet.
646
(b) The voter shall record a write-in vote by:
647
(i) marking the position opposite the area for entering a write-in candidate; and
648
(ii) entering the name of the valid write-in candidate for whom the voter wishes to vote
649
for by means of:
650
(A) writing;
651
(B) a label; or
652
(C) entering the name using the voting device.
653
(c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
654
provisional ballot envelope and complete the information printed on the envelope.
655
(4) (a) If an electronic ballot is used, the voter shall:
656
(i) insert the ballot access card into the voting device; and
657
(ii) make the selections according to the instructions provided on the device.
658
(b) The voter shall record a write-in vote by:
659
(i) marking the appropriate position opposite the area for entering a write-in candidate;
660
and
661
(ii) using the voting device to enter the name of the valid write-in candidate for whom
662
the voter wishes to vote.
663
[(3) (a)] (5) After preparation of the ballot[,]:
664
(a) if a paper ballot or punch card ballot is used:
665
(i) the voter shall:
666
[(i)] (A) leave the voting booth; and
667
[(ii)] (B) announce his name to the [election judge] poll worker in charge of the ballot
668
box[.];
669
[(b) The election judge] (ii) the poll worker in charge of the ballot box shall:
670
[(i)] (A) clearly and audibly announce the name of the voter and the number on the
671
stub of the voter's ballot;
672
[(ii)] (B) if the stub number on the ballot corresponds with the number previously
673
recorded in the official register, and bears the initials of the [election judge] poll worker,
674
remove the stub from the ballot; and
675
[(iii)] (C) return the ballot to the voter[.]; and
676
[(c) The] (iii) the voter shall, in full view of the [election judges] poll workers, cast his
677
vote by depositing the ballot in the ballot box.
678
[(d) (i)] (iv) (A) [The election judge] A poll worker may not accept a ballot from which
679
the stub has been detached.
680
[(ii)] (B) [The election judge] A poll worker shall treat a ballot from which the stub has
681
been detached as a spoiled ballot and shall provide the voter with a new ballot and dispose of
682
the spoiled ballot as provided in Section
20A-3-107
[.];
683
(b) if a ballot sheet other than a punch card is used:
684
(i) the voter shall:
685
(A) leave the voting booth; and
686
(B) announce his name to the poll worker in charge of the ballot box;
687
(ii) the poll worker in charge of the ballot box shall:
688
(A) clearly and audibly announce the name of the voter and the number on the stub of
689
the voter's ballot; and
690
(B) if the stub number on the ballot corresponds with the number previously recorded
691
in the official register, and bears the initials of the poll worker, return the ballot to the voter;
692
and
693
(iii) the voter shall, in full view of the poll workers, cast his vote by depositing the
694
ballot in the ballot box; and
695
(c) if an electronic ballot is used, the voter shall:
696
(i) cast the voter's ballot;
697
(ii) remove the ballot access card from the voting device; and
698
(iii) return the ballot access card to a designated poll worker.
699
[(4)] (6) A voter voting a paper ballot in a regular primary election shall, after marking
700
the ballot:
701
(a) (i) if the ballot is designed so that the names of all candidates for all political parties
702
are on the same ballot, detach the part of the paper ballot containing the names of the
703
candidates of the party he has voted from the remainder of the paper ballot;
704
(ii) fold that portion of the paper ballot so that its face is concealed; and
705
(iii) deposit it in the ballot box; and
706
(b) (i) fold the remainder of the paper ballot, containing the names of the candidates of
707
the parties that the elector did not vote; and
708
(ii) deposit it in a separate ballot box that is marked and designated as a blank ballot
709
box.
710
[(5)] (7) (a) Each voter shall mark and cast or deposit the ballot without delay and shall
711
leave the voting area after voting.
712
(b) A voter may not:
713
(i) occupy a voting booth occupied by another, except as provided in Section
714
20A-3-108
;
715
(ii) remain within the voting area more than ten minutes; or
716
(iii) occupy a voting booth for more than five minutes if all booths are in use and other
717
voters are waiting to occupy them.
718
[(6)] (8) If the official register shows any voter as having voted, that voter may not
719
reenter the voting area during that election unless that voter is an election official or watcher.
720
[(7)] (9) The [election judges] poll workers may not allow more than four voters more
721
than the number of voting booths into the voting area at one time unless those excess voters
722
are:
723
(a) election officials;
724
(b) watchers; or
725
(c) assisting voters with a disability.
726
Section 8.
Section
20A-3-106
is amended to read:
727
20A-3-106. Voting straight ticket -- Splitting ballot -- Writing in names -- Effect
728
of unnecessary marking of cross.
729
(1) When voting a paper ballot, any voter desiring to vote for all the candidates from
730
any one registered political party may:
731
(a) mark in the circle or position above that political party;
732
(b) mark in the squares or position opposite the names of all candidates for that party
733
ticket; or
734
(c) make both markings.
735
(2) (a) When voting a ballot [card] sheet, any voter desiring to vote for all the
736
candidates from any one registered political party may:
737
(i) mark the selected party on the straight party page or section; or
738
(ii) mark the name of each candidate from that party.
739
(b) To vote for candidates from two or more political parties, the voter may:
740
(i) mark in the squares or positions opposite the names of the candidates for whom the
741
voter wishes to vote without marking in any circle; or
742
(ii) indicate his choice by marking in the circle or position above one political party
743
and marking in the squares or positions opposite the names of desired candidates.
744
(3) (a) When voting an electronic ballot, any voter desiring to vote for all the
745
candidates from any one registered political party may:
746
(i) select that party on the straight party selection area; or
747
(ii) select the name of each candidate from that party.
748
(b) To vote for candidates from two or more political parties, the voter may:
749
(i) select the names of the candidates for whom the voter wishes to vote without
750
selecting a political party in the straight party selection area; or
751
(ii) select a political party in the straight party selection area and select the names of the
752
candidates for whom the voter wishes to vote.
753
[(3)] (4) In any election other than a primary election, if a voter voting [either a paper
754
ballot or ballot card] a ballot has selected or placed a mark next to a party name in order to
755
vote a straight party ticket and wishes to vote for a person on another party ticket for an office,
756
the voter shall select or mark the ballot next to the name of the candidate for whom the voter
757
wishes to vote.
758
[(4)] (5) (a) The voter may [also insert the name of a valid write-in candidate in writing
759
or by means of a sticker with the office and write-in name printed on it.] cast a write-in vote on
760
a paper ballot or ballot sheet:
761
[(b) A voter shall cast a write-in vote by writing the write-in name or pasting the
762
write-in sticker on the blank write-in part of the ballot.]
763
(i) by entering the name of a valid write-in candidate:
764
(A) by writing the name of a valid write-in candidate in the blank write-in section of
765
the ballot; or
766
(B) by affixing a sticker with the office and name of the valid write-in name printed on
767
it in the blank write-in part of the ballot; and
768
(ii) by placing a mark opposite the name of the write-in candidate to indicate the voter's
769
vote.
770
[(c) A] (b) On a paper ballot or ballot sheet, a voter is considered to have voted for the
771
person whose name is written or whose sticker appears in the blank write-in part of the ballot,
772
[whether] if a mark is made [or is not made] opposite that name.
773
[(5) The] (c) On a paper ballot or ballot sheet, the unnecessary marking of a mark in a
774
square on the ticket below the marked circle does not affect the validity of the vote.
775
(6) The voter may cast a write-in vote on an electronic ballot by:
776
(a) marking the appropriate position opposite the area for entering a write-in candidate
777
for the office sought by the candidate for whom the voter wishes to vote; and
778
(b) entering the name of a valid write-in candidate in the write-in selection area.
779
Section 9.
Section
20A-3-201
is amended to read:
780
20A-3-201. Watchers.
781
(1) (a) (i) For each regular general election or statewide special election, and for each
782
regular primary and Western States Presidential Primary, each registered political party and any
783
person interested in a ballot proposition appearing on the ballot may appoint one person to act
784
as a voting poll watcher to observe the casting of ballots, another person to act as a counting
785
poll watcher to observe the counting of ballots, and another person to act as an inspecting poll
786
watcher to inspect the condition and observe the securing of ballot packages.
787
(ii) Each party poll watcher shall be designated, and his selection made known to the
788
[election judges] poll workers, by an affidavit made by the county chair of each of the parties.
789
(iii) Each issue poll watcher shall be designated, and his selection made known to the
790
[election judges] poll workers, by an affidavit made by the individual appointing him.
791
(b) (i) For each municipal general election, municipal primary, local special election, or
792
bond election that uses paper ballots, each candidate and any person interested in an issue
793
appearing on the ballot may appoint one person to act as a voting poll watcher to observe the
794
casting of ballots, another person to act as a counting poll watcher to observe the counting of
795
ballots, and another person to act as an inspecting poll watcher to inspect the condition and
796
observe the securing of ballot packages.
797
(ii) For each municipal general election, municipal primary, local special election, or
798
bond election that uses ballot [cards] sheets, each candidate and any person interested in an
799
issue appearing on the ballot may appoint one person to act as a voting poll watcher to observe
800
the casting of ballots, another person to act as a counting poll watcher to observe the counting
801
of ballots, and another person to act as an inspecting poll watcher to inspect the condition and
802
observe the securing of ballot packages.
803
(iii) Each candidate poll watcher shall be designated, and his selection made known to
804
the [election judges] poll workers, by an affidavit made by the candidate appointing him.
805
(iv) Each issue poll watcher shall be designated, and his selection made known to the
806
[election judges] poll workers, by an affidavit made by the individual appointing him.
807
(2) If an appointed poll watcher is temporarily absent for meals, or is sick or otherwise
808
absent, that poll watcher may substitute some other watcher of similar political beliefs by
809
informing the [election judges] poll workers of the substitution by affidavit.
810
(3) Voting poll watchers may watch and observe the voting process, and may make a
811
written memorandum, but they may not interfere in any way with the process of voting except
812
to challenge a voter as provided in this part.
813
(4) The counting poll watcher shall remain in the counting room, except in the case of
814
necessity, until the close of the polls and may not divulge the progress of the count until the
815
count is completed.
816
(5) (a) It is unlawful for a counting poll watcher to communicate in any manner,
817
directly or indirectly, by word or sign, the progress of the count, the result so far, or any other
818
information about the count.
819
(b) Any person who violates this subsection is guilty of a third degree felony.
820
(6) The inspecting poll watcher may be present in the office of the clerk or recorder to
821
whom ballots are delivered after elections to:
822
(a) inspect the condition of the packages containing the ballots upon their arrival; and
823
(b) observe the placement of these packages in a safe and secure place.
824
(7) (a) Prior to each election in which a ballot sheet or electronic ballot is used, any
825
interested person may act as a testing watcher to observe a demonstration of logic and accuracy
826
testing of the voting devices prior to the commencement of voting.
827
(b) The election officer shall give prior notice of the logic and accuracy testing
828
demonstration at least two days prior to the date of the demonstration by publishing notice of
829
the date, time, and location of the demonstration in at least one newspaper of general
830
circulation in the jurisdiction holding the election.
831
(c) An election official shall provide, upon request, a copy of testing results to a testing
832
watcher.
833
Section 10.
Section
20A-3-202
is amended to read:
834
20A-3-202. Challenges -- Recorded in official register and in pollbook.
835
(1) (a) When any person applies for a ballot or when a person offers a ballot for deposit
836
in the ballot box, the person's right to vote in that voting precinct and in that election may be
837
orally challenged by [an election judge] a poll worker or any challenger orally stating the
838
challenged voter's name and the basis for the challenge.
839
(b) A person may challenge another person's right to vote by alleging that:
840
(i) the voter is not the person whose name appears in the official register and under
841
which name the right to vote is claimed;
842
(ii) the voter is not a resident of Utah;
843
(iii) the voter is not a citizen of the United States;
844
(iv) the voter has not or will not have resided in Utah for 30 days immediately before
845
the date of the election;
846
(v) the voter does not live in the voting precinct;
847
(vi) the voter does not live within the geographic boundaries of the entity holding the
848
election;
849
(vii) the voter's principal place of residence is not in the voting precinct;
850
(viii) the voter's principal place of residence is not in the geographic boundaries of the
851
election area;
852
(ix) the voter has voted before in the election;
853
(x) the voter is not at least 18 years old;
854
(xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a
855
resident of the entity holding the election before the voter was confined or incarcerated;
856
(xii) the voter is a convicted felon and is incarcerated for the commission of a felony;
857
or
858
(xiii) in a regular primary election, the voter does not meet the political party affiliation
859
criteria established by the political party whose ballot the voter seeks to vote.
860
(2) (a) The [election judges] poll workers shall give the voter a ballot and allow the
861
voter to vote if:
862
(i) the person challenged signs a written affidavit certifying that he meets all the
863
requirements for voting; and
864
(ii) the [election judge] poll worker determines that the person challenged is registered
865
to vote and, in a regular primary election, meets the political party affiliation criteria
866
established by the political party whose ballot the voter seeks to vote.
867
(b) The [election judges] poll workers may not give the voter a ballot or allow the voter
868
to vote if:
869
(i) the person challenged refuses to sign the written affidavit; or
870
(ii) in a regular primary election, the [election judge] poll worker determines that the
871
person challenged does not meet the political party affiliation criteria established by the
872
political party whose ballot the voter seeks to vote and is unwilling or unable to take the steps
873
authorized by law to comply with those criteria.
874
(c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
875
requirements for voting when that person knows he does not meet at least one of those
876
requirements.
877
(ii) Any person who violates this Subsection (2)(c) is guilty of a class B misdemeanor.
878
(3) (a) Any person may challenge the right to vote of any person whose name appears
879
on the [posting list] official register by filing a written signed statement identifying the
880
challenged voter's name and the basis for the challenge with the county clerk on the Friday
881
before the election during regular business hours.
882
(b) The person challenging a person's right to vote shall allege one or more of the
883
grounds established in Subsection (1)(b) as the basis for the challenge.
884
(c) The county clerk shall:
885
(i) carefully preserve the written challenges;
886
(ii) write in the appropriate official register opposite the name of any person for whom
887
the county clerk received a written challenge, the words "To be challenged"; and
888
(iii) transmit the written challenges to [election judges] poll workers of that voting
889
precinct.
890
(d) On election day, the [election judges] poll workers shall raise the written challenge
891
with the voter before giving the voter a ballot.
892
(e) If the person challenged takes an oath before any of the [election judges] poll
893
workers that the grounds of the challenge are false, the [judges] poll workers shall allow the
894
person to vote.
895
(f) If the person applying to vote does not meet the legal requirements to vote, or
896
refuses to take the oath, the [election judges] poll workers may not deliver a ballot to [him] the
897
person.
898
(4) The [election judges] poll workers shall record all challenges in the official register
899
and on the challenge sheets in the pollbook.
900
(5) If the person challenged under Subsection (3) voted an absentee ballot, the county
901
clerk shall submit the name of the voter and the challenge to the voter to the county attorney, or
902
the district attorney in counties with a prosecution district, for investigation and prosecution for
903
voter fraud.
904
Section 11.
Section
20A-3-303
is amended to read:
905
20A-3-303. Form of absentee ballot.
906
(1) For all elections, the election officer shall:
907
(a) cause a sufficient number of official ballots to be known as absentee ballots to be
908
prepared and printed; and
909
(b) ensure that the absentee ballots are prepared and printed in the same form, are of
910
the same size and texture, and contain the same matter as the regular official ballot, except that
911
the words "absentee ballot" are printed on the absentee ballots or on the stub of the absentee
912
ballots.
913
(2) The election officer may prepare absentee ballots as paper ballots or ballot [cards]
914
sheets or may use both methods.
915
Section 12.
Section
20A-4-103
is amended to read:
916
20A-4-103. Preparing ballot cards for the counting center.
917
(1) (a) In voting precincts using ballot [cards] sheets, as soon as the polls have been
918
closed and the last qualified voter has voted, the [election judges] poll workers shall prepare
919
the ballot [cards] sheets for delivery to the counting center as provided in this section.
920
(b) The [election judges] poll workers, election officers, and other persons may not
921
manually count any votes before delivering the ballots to the counting center.
922
(2) The [judges] poll workers shall:
923
(a) place all of the provisional ballot envelopes in the envelope or container provided
924
for them for return to the counting center; and
925
(b) seal that envelope or container.
926
(3) (a) The [judges] poll workers shall check each secrecy envelope to see if either
927
contains any write-in votes.
928
(b) If a secrecy envelope does not contain any write-in votes, the [election judges] poll
929
workers shall remove the ballot [card] sheet from the secrecy envelope.
930
(c) If a secrecy envelope contains any write-in votes, the [election judges] poll workers
931
may not separate the ballot [card] sheet from the secrecy envelope.
932
(4) The [election judges] poll workers shall place:
933
(a) the voted ballot [cards] sheets and one copy of the statement of disposition of
934
ballots in the transfer case;
935
(b) the other copy of the statement of disposition of ballots, the pollbook, any
936
unprocessed absentee ballots, the [judges'] poll workers' pay vouchers, the official register, and
937
the spoiled ballot envelope in the carrier envelope provided; and
938
(c) the other election materials in the election supply box.
939
Section 13.
Section
20A-4-104
is amended to read:
940
20A-4-104. Counting ballots electronically.
941
(1) (a) Before beginning to count ballot [cards] sheets using automatic tabulating
942
equipment, the election officer shall test the automatic tabulating equipment to ensure that it
943
will accurately count the votes cast for all offices and all measures.
944
(b) The election officer shall publish public notice of the time and place of the test at
945
least 48 hours before the test in one or more daily or weekly newspapers of general circulation
946
published in the county, municipality, or jurisdiction where the equipment is used.
947
(c) The election officer shall conduct the test by processing a preaudited group of ballot
948
[cards] sheets.
949
(d) The election officer shall ensure that:
950
(i) a predetermined number of valid votes for each candidate and measure are recorded
951
on the ballot [cards] sheets;
952
(ii) for each office, one or more ballot [cards] sheets have votes in excess of the
953
number allowed by law in order to test the ability of the automatic tabulating equipment to
954
reject those votes; and
955
(iii) a different number of valid votes are assigned to each candidate for an office, and
956
for and against each measure.
957
(e) If any error is detected, the election officer shall determine the cause of the error
958
and correct it.
959
(f) The election officer shall ensure that:
960
(i) the automatic tabulating equipment produces an errorless count before beginning
961
the actual counting; and
962
(ii) the automatic tabulating equipment passes the same test at the end of the count
963
before the election returns are approved as official.
964
(2) (a) The election officer or his designee shall supervise and direct all proceedings at
965
the counting center.
966
(b) (i) Proceedings at the counting center are public and may be observed by interested
967
persons.
968
(ii) Only those persons authorized to participate in the count may touch any ballot,
969
ballot [card] sheet, or return.
970
(c) The election officer shall deputize and administer an oath or affirmation to all
971
persons who are engaged in processing and counting the ballots that they will faithfully
972
perform their assigned duties.
973
(d) (i) Counting poll watchers appointed as provided in Section
20A-3-201
may
974
observe the testing of equipment and actual counting of the ballot [cards] sheets.
975
(ii) Those counting poll watchers may make independent tests of the equipment before
976
or after the vote count as long as the testing does not interfere in any way with the official
977
tabulation of the ballot [cards] sheets.
978
(3) If any ballot [card] sheet is damaged or defective so that it cannot properly be
979
counted by the automatic tabulating equipment, the election officer shall:
980
(a) cause a true duplicate copy of the ballot [card] sheet to be made with an identifying
981
serial number;
982
(b) substitute the duplicate for the damaged ballot [card] sheet;
983
(c) label the duplicate ballot card "duplicate"; and
984
(d) record the duplicate ballot [card's] sheet's serial number on the damaged or
985
defective ballot [card] sheet.
986
(4) The election officer may:
987
(a) conduct an unofficial count before conducting the official count in order to provide
988
early unofficial returns to the public;
989
(b) release unofficial returns from time to time after the polls close; and
990
(c) report the progress of the count for each candidate during the actual counting of
991
ballots.
992
(5) The election officer shall review and evaluate the provisional ballot envelopes and
993
prepare any valid provisional ballots for counting as provided in Section
20A-4-107
.
994
(6) (a) The election officer or his designee shall:
995
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
996
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
997
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
998
more votes for an office than that voter is entitled to vote for that office, the [judges] poll
999
workers shall count the valid write-in vote as being the obvious intent of the voter.
1000
(7) (a) The election officer shall certify the return printed by the automatic tabulating
1001
equipment, to which have been added write-in and absentee votes, as the official return of each
1002
voting precinct.
1003
(b) Upon completion of the count, the election officer shall make official returns open
1004
to the public.
1005
(8) If for any reason it becomes impracticable to count all or a part of the ballot [cards]
1006
sheets with tabulating equipment, the election officer may direct that they be counted manually
1007
according to the procedures and requirements of this part.
1008
(9) After the count is completed, the election officer shall seal and retain the programs,
1009
test materials, and ballots as provided in Section
20A-4-202
.
1010
Section 14.
Section
20A-4-201
is amended to read:
1011
20A-4-201. Delivery of election returns.
1012
(1) One [judge] poll worker shall deliver the ballot box, the lock, and the key to:
1013
(a) the election officer; or
1014
(b) the location directed by the election officer.
1015
(2) (a) Before they adjourn, the [election judges] poll workers shall[: (i) for paper
1016
ballots,] choose one or more of their number to deliver the election returns to the election
1017
officer[; and].
1018
[(ii) for ballot cards, choose two of their number, each from a different political party,
1019
to deliver the election returns to the counting center.]
1020
(b) That [judge] poll worker or those [judges] poll workers shall:
1021
(i) deliver the unopened envelopes or pouches to the election officer or counting center
1022
immediately but no later than 24 hours after the polls close; or
1023
(ii) if the polling place is 15 miles or more from the county seat, mail the election
1024
returns to the election officer by registered mail from the post office most convenient to the
1025
polling place within 24 hours after the polls close.
1026
(3) The election officer shall pay each [election judge that transports election returns $2
1027
plus 30 cents per mile, one way, for every mile necessarily traveled between the polling place
1028
and the place of delivery.] poll worker reasonable compensation for travel that is necessary to
1029
deliver the election returns and to return to the polling place.
1030
(4) The requirements of this section shall not prohibit transmission of the unofficial
1031
vote count to the counting center via electronic means, provided that reasonable security
1032
measures are taken to preserve the integrity and privacy of the transmission.
1033
Section 15.
Section
20A-4-304
is amended to read:
1034
20A-4-304. Declaration of results -- Canvassers' report.
1035
(1) Each board of canvassers shall:
1036
(a) declare "elected" or "nominated" those persons who:
1037
(i) had the highest number of votes; and
1038
(ii) sought election or nomination to an office completely within the board's
1039
jurisdiction;
1040
(b) declare:
1041
(i) "approved" those ballot propositions that:
1042
(A) had more "yes" votes than "no" votes; and
1043
(B) were submitted only to the voters within the board's jurisdiction;
1044
(ii) "rejected" those ballot propositions that:
1045
(A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1046
votes; and
1047
(B) were submitted only to the voters within the board's jurisdiction;
1048
(c) certify the vote totals for persons and for and against ballot propositions that were
1049
submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1050
the lieutenant governor; and
1051
(d) if applicable, certify the results of each special district election to the special district
1052
clerk.
1053
(2) (a) As soon as the result is declared, the election officer shall prepare a report of the
1054
result, which shall contain:
1055
(i) the total number of votes cast in the board's jurisdiction;
1056
(ii) the names of each candidate whose name appeared on the ballot;
1057
(iii) the title of each ballot proposition that appeared on the ballot;
1058
(iv) each office that appeared on the ballot;
1059
(v) from each voting precinct:
1060
(A) the number of votes for each candidate; and
1061
(B) the number of votes for and against each ballot proposition;
1062
(vi) the total number of votes given in the board's jurisdiction to each candidate, and
1063
for and against each ballot proposition; and
1064
(vii) a statement certifying that the information contained in the report is accurate.
1065
(b) The election officer and the board of canvassers shall:
1066
(i) review the report to ensure that it is correct; and
1067
(ii) sign the report.
1068
(c) The election officer shall:
1069
(i) record or file the certified report in a book kept for that purpose;
1070
(ii) prepare and transmit a certificate of nomination or election under the officer's seal
1071
to each nominated or elected candidate;
1072
(iii) publish a copy of the certified report in a newspaper with general circulation in the
1073
board's jurisdiction and post it in a conspicuous place within the jurisdiction; and
1074
(iv) file a copy of the certified report with the lieutenant governor.
1075
(3) When there has been a regular general or a statewide special election for statewide
1076
officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1077
or more county ballot proposition, each board of canvassers shall:
1078
(a) prepare a separate report detailing the number of votes for each candidate and the
1079
number of votes for and against each ballot proposition; and
1080
(b) transmit it by registered mail to the lieutenant governor.
1081
(4) In each county election, municipal election, school election, special district
1082
election, and local special election, the election officer shall transmit the reports to the
1083
lieutenant governor within 14 days [of the canvass] after the date of the election.
1084
(5) In regular primary elections and in the Western States Presidential Primary, the
1085
board shall transmit to the lieutenant governor:
1086
(a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1087
governor:
1088
(i) not later than the second Tuesday after the primary election for the regular primary
1089
election; and
1090
(ii) not later than the Friday after the election for the Western States Presidential
1091
Primary; and
1092
(b) a complete tabulation showing voting totals for all primary races, precinct by
1093
precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1094
primary election.
1095
Section 16.
Section
20A-5-202
is amended to read:
1096
20A-5-202. Satellite registrars -- Duties.
1097
(1) Satellite registrars may administer oaths and affirmations and perform all other acts
1098
that are necessary to fully accomplish the requirements of this part.
1099
(2) On the dates and at the times provided in Section
20A-2-203
, a satellite registrar
1100
shall register to vote each person who is legally qualified and entitled to vote in that county on
1101
election day.
1102
(3) Each satellite registrar shall:
1103
(a) provide voter registration applications for interested citizens;
1104
(b) have maps available for determining precinct locations;
1105
(c) assist citizens in completing the voter registration form;
1106
(d) review completed voter registration forms to ensure that they are accurate and that
1107
the applicant meets eligibility requirements;
1108
(e) return the official proof of registration form to the voter; and
1109
(f) deliver completed registration forms to the county clerk.
1110
(4) The county clerk shall:
1111
(a) record the new voters into the official register [and posting list] or prepare an
1112
addendum of new voters for the official register [and posting list]; and
1113
(b) before election day, deliver the official register[, posting list,] and addendum, if
1114
any, to the [election judges] poll workers of each voting precinct.
1115
(5) During the time voter registration is being held, satellite registrars may not display
1116
any political signs, posters, or other designations of support for candidates, issues, or political
1117
parties on the premises.
1118
Section 17.
Section
20A-5-205
is amended to read:
1119
20A-5-205. Delivery of official register.
1120
(1) Before delivering the official register to the [election judges] poll workers, the
1121
county clerk shall attach the certificate required by law to the book.
1122
(2) The county clerk shall deliver the official register [and the posting list], its accuracy
1123
verified by [his] the county clerk's signature, to [an election judge] a poll worker in each voting
1124
precinct by noon on the day before the election.
1125
Section 18.
Section
20A-5-401
is amended to read:
1126
20A-5-401. Official register -- Preparation -- Contents.
1127
(1) (a) Before the registration days for each regular general, municipal general, regular
1128
primary, municipal primary, or Western States Presidential Primary election, each county clerk
1129
shall prepare an official register [and posting list] of voters for each voting precinct that will
1130
participate in the election.
1131
(b) The county clerk shall ensure that the official register [and posting list are bound or
1132
loose leaf books] is prepared for the alphabetical entry of names and [ruled in columns of
1133
suitable dimensions] contains entry fields to provide for the following [entries] information:
1134
(i) registered voter's name;
1135
(ii) party affiliation;
1136
(iii) grounds for challenge;
1137
(iv) name of person challenging a voter;
1138
(v) [ballot numbers,] primary, November, special;
1139
(vi) date of birth;
1140
(vii) place of birth;
1141
(viii) place of current residence;
1142
(ix) street address;
1143
(x) zip code; and
1144
(xi) space for the voter to sign his name for each election.
1145
(c) When preparing the official register [and posting list] for the Western States
1146
Presidential Primary, the county clerk shall include:
1147
(i) [a column] an entry field to record the name of the political party whose ballot the
1148
voter voted; and
1149
(ii) [a column] an entry field for the [election judge] poll worker to record changes in
1150
the voter's party affiliation.
1151
(d) When preparing the official register [and posting list] for any regular general
1152
election, regular primary election, or election for federal office, the county clerk shall include:
1153
(i) [a column] an entry field that indicates if the voter is required to show identification
1154
before voting;
1155
(ii) [a column] an entry field for the [election judge] poll worker to record the
1156
provisional envelope ballot number for voters who receive a provisional ballot; and
1157
(iii) a space for the [election judge] poll worker to record the type of proof of identity
1158
and the type of proof of residence provided by voters who receive a provisional ballot.
1159
(2) (a) (i) For regular and municipal elections, primary elections, regular municipal
1160
elections, special district elections, and bond elections, the county clerk shall make an official
1161
register [and posting list] only for voting precincts affected by the primary, municipal, special
1162
district, or bond election.
1163
(ii) If a polling place to be used in a bond election serves both voters residing in the
1164
local political subdivision calling the bond election and voters residing outside of that local
1165
political subdivision, the official register shall designate whether each voter resides in or
1166
outside of the local political subdivision.
1167
(iii) Each county clerk, with the assistance of the clerk of each affected special district,
1168
shall provide a detailed map or an indication on the registration list or other means to enable
1169
[an election judge] a poll worker to determine the voters entitled to vote at an election of
1170
special district officers.
1171
(b) Municipalities shall pay the costs of making the official register [and posting list]
1172
for municipal elections.
1173
Section 19.
Section
20A-5-403
is amended to read:
1174
20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections -- Provisions --
1175
Arrangements.
1176
(1) Each election officer shall:
1177
(a) designate polling places for each voting precinct in the jurisdiction; and
1178
(b) obtain the approval of the county or municipal legislative body or special district
1179
governing board for those polling places.
1180
(2) (a) For each polling place, the election officer shall provide:
1181
(i) an American flag;
1182
(ii) a sufficient number of voting booths or compartments;
1183
(iii) the voting devices, voting booths, ballots, ballot boxes, ballot labels, ballot [cards]
1184
sheets, write-in ballots, and any other records and supplies necessary to enable a voter to vote;
1185
(iv) the constitutional amendment cards required by Part 1, Election Notices and
1186
Instructions;
1187
(v) voter information pamphlets required by Title 20A, Chapter 7, Part 7, Voter
1188
Information Pamphlet; and
1189
(vi) the instruction cards required by Section
20A-5-102
.
1190
(b) Each election officer shall ensure that:
1191
(i) each voting booth is at a convenient height for writing, and is arranged so that the
1192
voter can prepare his ballot screened from observation;
1193
(ii) there are a sufficient number of voting booths or voting devices to accommodate
1194
the voters at that polling place; and
1195
(iii) there is at least one voting booth or voting device that is configured to
1196
accommodate persons with disabilities.
1197
(c) Each county clerk shall provide a ballot box for each polling place that is large
1198
enough to properly receive and hold the ballots to be cast.
1199
(3) (a) [As of May 15, 2003, all] All polling places shall be physically inspected by
1200
each county clerk to ensure access by a person with a disability.
1201
(b) Any issues concerning inaccessibility to polling places by a person with a disability
1202
discovered during the inspections referred to in Subsection (3)(a) or reported to the county
1203
clerk [on or after May 15, 2002] shall be:
1204
(i) forwarded to the Office of the Lieutenant Governor; and
1205
(ii) within six months of the time of the complaint, the issue of inaccessibility shall be
1206
either:
1207
(A) remedied at the particular location by the county clerk;
1208
(B) the county clerk shall designate an alternative accessible location for the particular
1209
precinct; or
1210
(C) if no practical solution can be identified, file with the Office of the Lieutenant
1211
Governor a written explanation identifying the reasons compliance cannot reasonably be met.
1212
(4) The municipality in which the election is held shall pay the cost of conducting each
1213
municipal election, including the cost of printing and supplies.
1214
(5) The county clerk shall make detailed entries of all proceedings had under this
1215
chapter.
1216
Section 20.
Section
20A-5-405
is amended to read:
1217
20A-5-405. Election officer to provide ballots.
1218
(1) In jurisdictions using paper ballots, each election officer shall:
1219
(a) provide printed official paper ballots and absentee ballots for every election of
1220
public officers in which the voters, or any of the voters, within the election officer's jurisdiction
1221
participate;
1222
(b) cause the name of every candidate whose nomination has been certified to or filed
1223
with the election officer in the manner provided by law to be printed on each official paper
1224
ballot and absentee ballot;
1225
(c) cause any ballot proposition that has qualified for the ballot as provided by law to
1226
be printed on each official paper ballot and absentee ballot;
1227
(d) ensure that the official paper ballots are printed and in the possession of the election
1228
officer [at least four days before election day] before commencement of voting;
1229
(e) ensure that the absentee ballots are printed and in the possession of the election
1230
officer [at least 15 days] with sufficient time before [election day] commencement of voting;
1231
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
1232
be printed on each official paper ballot and absentee ballot;
1233
(g) allow candidates and their agents and the sponsors of ballot propositions that have
1234
qualified for the official ballot to inspect the official paper ballots and absentee ballots;
1235
(h) cause sample ballots to be printed that are in the same form as official paper ballots
1236
and that contain the same information as official paper ballots but that are printed on different
1237
colored paper than official paper ballots;
1238
(i) ensure that the sample ballots are printed and in the possession of the election
1239
officer at least seven days before [election day] commencement of voting;
1240
(j) make the sample ballots available for public inspection by:
1241
(i) posting a copy of the sample ballot in his office at least seven days before [the
1242
election] commencement of voting;
1243
(ii) mailing a copy of the sample ballot to:
1244
(A) each candidate listed on the ballot; and
1245
(B) the lieutenant governor; and
1246
(iii) publishing a copy of the sample ballot immediately before the election in at least
1247
one newspaper of general circulation in the jurisdiction holding the election;
1248
(k) deliver at least five copies of the sample ballot to [election judges in] poll workers
1249
for each [voting precinct] polling place and direct them to post the sample ballots [at each
1250
voting precinct] as required by Section
20A-5-102
; and
1251
(l) print and deliver, at the expense of the jurisdiction conducting the election, enough
1252
official paper ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
1253
demands of the qualified voters in each voting precinct.
1254
(2) In jurisdictions using a punch card ballot [cards], each election officer shall:
1255
(a) provide official ballot [cards] sheets, absentee ballot [cards] sheets, and printed
1256
official ballot labels for every election of public officers in which the voters, or any of the
1257
voters, within the election officer's jurisdiction participate;
1258
(b) cause the name of every candidate who filed with the election officer in the manner
1259
provided by law or whose nomination has been certified to the election officer to be printed on
1260
each official ballot label;
1261
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
1262
be printed on each official ballot label;
1263
(d) ensure that the official ballot labels are printed and in the possession of the election
1264
officer [at least four days before election day] before the commencement of voting;
1265
(e) ensure that the absentee ballots are printed and in the possession of the election
1266
officer [at least 15 days] with sufficient time before [election day] commencement of voting;
1267
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
1268
be printed on each official ballot label and absentee ballot;
1269
(g) allow candidates and their agents and the sponsors of ballot propositions that have
1270
qualified for the official sample ballot to inspect the official sample ballot;
1271
(h) cause sample ballots to be printed that contain the same information as official
1272
ballot labels but that are distinguishable from official ballot labels;
1273
(i) ensure that the sample ballots are printed and in the possession of the election
1274
officer at least seven days before [election day] commencement of voting;
1275
(j) make the sample ballots available for public inspection by:
1276
(i) posting a copy of the sample ballot in his office at least seven days before [the
1277
election] commencement of voting;
1278
(ii) mailing a copy of the sample ballot to:
1279
(A) each candidate listed on the ballot; and
1280
(B) the lieutenant governor; and
1281
(iii) publishing a copy of the sample ballot immediately before the election in at least
1282
one newspaper of general circulation in the jurisdiction holding the election;
1283
(k) deliver at least five copies of the sample ballot to [election judges in] poll workers
1284
for each [voting precinct] polling place and direct them to post the sample ballots [at each
1285
voting precinct] as required by Section
20A-5-102
; and
1286
(l) print and deliver official ballot [cards] sheets, official ballot labels, sample ballots,
1287
and instruction cards at the expense of the jurisdiction conducting the election.
1288
(3) In jurisdictions using a ballot sheet other than a punch card, each election officer
1289
shall:
1290
(a) provide official ballot sheets and absentee ballot sheets for every election of public
1291
officers in which the voters, or any of the voters, within the election officer's jurisdiction
1292
participate;
1293
(b) cause the name of every candidate who filed with the election officer in the manner
1294
provided by law or whose nomination has been certified to or filed with the election officer to
1295
be printed on each official ballot and absentee ballot;
1296
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
1297
be printed on each official ballot and absentee ballot;
1298
(d) ensure that the official ballots are printed and in the possession of the election
1299
officer before commencement of voting;
1300
(e) ensure that the absentee ballots are printed and in the possession of the election
1301
officer with sufficient time before commencement of voting;
1302
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
1303
be printed on each official ballot and absentee ballot;
1304
(g) allow candidates and their agents and the sponsors of ballot propositions that have
1305
qualified for the official sample ballot to inspect the official sample ballot;
1306
(h) cause sample ballots to be printed that contain the same information as official
1307
ballots but that are distinguishable from the official ballots;
1308
(i) ensure that the sample ballots are printed and in the possession of the election
1309
officer at least seven days before commencement of voting;
1310
(j) make the sample ballots available for public inspection by:
1311
(i) posting a copy of the sample ballot in the election officer's office at least seven days
1312
before commencement of voting;
1313
(ii) mailing a copy of the sample ballot to:
1314
(A) each candidate listed on the ballot; and
1315
(B) the lieutenant governor; and
1316
(iii) publishing a copy of the sample ballot immediately before the election in at least
1317
one newspaper of general circulation in the jurisdiction holding the election;
1318
(k) deliver at least five copies of the sample ballot to poll workers for each polling
1319
place and direct them to post the sample ballots as required by Section
20A-5-102
; and
1320
(l) print and deliver, at the expense of the jurisdiction conducting the election, enough
1321
official ballots, absentee ballots, sample ballots, and instruction cards to meet the voting
1322
demands of the qualified voters in each voting precinct.
1323
(4) In jurisdictions using electronic ballots, each election officer shall:
1324
(a) provide official ballots for every election of public officers in which the voters, or
1325
any of the voters, within the election officer's jurisdiction participate;
1326
(b) cause the name of every candidate who filed with the election officer in the manner
1327
provided by law or whose nomination has been certified to the election officer to be displayed
1328
on each official ballot;
1329
(c) cause each ballot proposition that has qualified for the ballot as provided by law to
1330
be displayed on each official ballot;
1331
(d) ensure that the official ballots are prepared and in the possession of the election
1332
officer before commencement of voting;
1333
(e) ensure that the absentee ballots are prepared and in the possession of the election
1334
officer at least 15 days before commencement of voting;
1335
(f) cause any ballot proposition that has qualified for the ballot as provided by law to
1336
be printed on each official ballot and absentee ballot;
1337
(g) allow candidates and their agents and the sponsors of ballot propositions that have
1338
qualified for the official sample ballot to inspect the official sample ballot;
1339
(h) cause sample ballots to be printed that contain the same information as official
1340
ballots but that are distinguishable from official ballots;
1341
(i) ensure that the sample ballots are printed and in the possession of the election
1342
officer at least seven days before commencement of voting;
1343
(j) make the sample ballots available for public inspection by:
1344
(i) posting a copy of the sample ballot in the election officer's office at least seven days
1345
before commencement of voting;
1346
(ii) mailing a copy of the sample ballot to:
1347
(A) each candidate listed on the ballot; and
1348
(B) the lieutenant governor; and
1349
(iii) publishing a copy of the sample ballot immediately before the election in at least
1350
one newspaper of general circulation in the jurisdiction holding the election;
1351
(k) deliver at least five copies of the sample ballot to poll workers for each polling
1352
place and direct them to post the sample ballots as required by Section
20A-5-102
; and
1353
(l) prepare and deliver official ballots, sample ballots, and instruction cards at the
1354
expense of the jurisdiction conducting the election.
1355
[(3)] (5) (a) Each election officer shall, without delay, correct any error discovered in
1356
any official paper ballot, ballot label, ballot sheet, electronic ballot, or sample ballot, if the
1357
correction can be made without interfering with the timely distribution of the paper ballots
1358
[and], ballot labels, ballot sheets, or electronic ballots.
1359
(b) (i) If the election officer discovers [errors or omissions] an error or omission in
1360
[the] a paper [ballots or] ballot, ballot [labels] label, or ballot sheet, and it is not possible to
1361
correct the [errors or omissions] error or omission by reprinting the paper ballots [or], ballot
1362
labels, or ballot sheets, the election officer shall direct the [election judges] poll workers to
1363
make the necessary corrections on the official paper ballots [or], ballot labels, or ballot sheets
1364
before they are distributed at the polls.
1365
(ii) If the election officer discovers an error or omission in an electronic ballot and it is
1366
not possible to correct the error or omission by revising the electronic ballot, the election
1367
officer shall direct the poll workers to post notice of each error or omission with instructions on
1368
how to correct each error or omission in a prominent position at each polling booth.
1369
(c) (i) If the election officer refuses or fails to correct an error or omission in the paper
1370
ballots [or], ballot labels, ballot sheets, or electronic ballots, a candidate or [his] a candidate's
1371
agent may file a verified petition with the district court asserting that:
1372
(A) an error or omission has occurred in:
1373
(I) the publication of the name or description of a candidate [or];
1374
(II) the preparation or display of an electronic ballot; or
1375
(III) in the printing of sample or official paper ballots [or], ballot labels, or ballot
1376
sheets; and
1377
(B) the election officer has failed to correct or provide for the correction of the error or
1378
omission.
1379
(ii) The district court shall issue an order requiring correction of any error in a paper
1380
ballot [or], ballot label, ballot sheet, or electronic ballot or an order to show cause why the error
1381
should not be corrected if it appears to the court that the error or omission has occurred and the
1382
election officer has failed to correct it or failed to provide for its correction.
1383
(iii) A party aggrieved by the district court's decision may appeal the matter to the Utah
1384
Supreme Court within five days after the decision of the district court.
1385
Section 21.
Section
20A-5-406
is amended to read:
1386
20A-5-406. Delivery of ballots.
1387
(1) In elections using paper ballots or ballot sheets:
1388
[(1)] (a) Each election officer shall deliver ballots to the [election judges] poll workers
1389
of each voting precinct in his jurisdiction [as follows:] in an amount sufficient to meet voting
1390
needs during the voting period.
1391
[(a) in regular general elections and regular primary elections:]
1392
[(i) if the boundaries of the voting precinct have not been changed since the last
1393
election, 75 ballots for every 50, or fraction of 50, voters registered at the last election in the
1394
voting precinct; and]
1395
[(ii) if the boundaries of the voting precinct have been changed since the last election,
1396
or when a new voting precinct has been created, 75 ballots for every 50, or fraction of 50,
1397
voters that the election officer estimates are registered to vote in the revised or new precinct;
1398
and]
1399
[(b) in regular municipal elections and municipal primary elections, one ballot for each
1400
registered voter.]
1401
[(2)] (b) The election officer shall:
1402
[(a)] (i) package and deliver the ballots to the election judges;
1403
[(b)] (ii) clearly mark the outside of the package with:
1404
[(i)] (A) the voting precinct and polling place for which it is intended; and
1405
[(ii)] (B) the number of each type of ballots enclosed;
1406
[(c)] (iii) ensure that each package is delivered before [noon the Monday before
1407
election day] commencement of voting to [an election judge] a poll worker in each precinct;
1408
and
1409
[(d)] (iv) obtain a receipt for the ballots from the [election judge] poll worker to whom
1410
they were delivered that identifies the date and time when, and the manner in which, each
1411
ballot package was sent and delivered.
1412
[(3) (a)] (c) The election officer shall prepare substitute ballots in the form required by
1413
this Subsection (1) if any [election judge] poll worker reports that:
1414
(i) the ballots were not delivered on time; or
1415
(ii) after delivery, they were destroyed or stolen.
1416
[(b)] (d) The election officer shall:
1417
(i) prepare the substitute ballots as nearly in the form prescribed for official ballots as
1418
practicable;
1419
(ii) cause the word "substitute" to be printed in brackets immediately under the
1420
facsimile signature of the clerk or recorder preparing the ballots;
1421
(iii) place the ballots in two separate packages, each package containing 1/2 the ballots
1422
sent to that voting precinct; and
1423
(iv) place a signed statement in each package certifying that the substitute ballots found
1424
in the package were prepared and furnished by [him] the election officer, and that the original
1425
ballots were not received, were destroyed, or were stolen.
1426
(2) In elections using electronic ballots:
1427
(a) Each election officer shall:
1428
(i) deliver the voting devices and electronic ballots prior to the commencement of
1429
voting;
1430
(ii) ensure that the voting devices, equipment, and electronic ballots are properly
1431
secured before commencement of voting; and
1432
(iii) when electronic ballots or voting devices containing electronic ballots are
1433
delivered to a poll worker, obtain a receipt from the poll worker to whom they were delivered
1434
that identifies:
1435
(A) the name of the poll worker receiving delivery; and
1436
(B) the date and time when the ballots or voting devices containing the electronic
1437
ballots were delivered.
1438
(b) The election officer shall repair or provide substitute voting devices, equipment, or
1439
electronic ballots, if available, if any poll worker reports that:
1440
(i) the voting devices or equipment were not delivered on time;
1441
(ii) the voting devices or equipment do not contain the appropriate electronic ballot
1442
information;
1443
(iii) the safety devices on the voting devices, equipment, or electronic ballots appear to
1444
have been tampered with;
1445
(iv) the voting devices or equipment do not appear to be functioning properly; or
1446
(v) after delivery, the voting devices, equipment, or electronic ballots were destroyed
1447
or stolen.
1448
(c) If the election officer is unable to prepare and provide substitute voting devices,
1449
equipment, or electronic ballots, the election officer may elect to provide paper ballots or ballot
1450
sheets according to the requirements of Subsection (1).
1451
Section 22.
Section
20A-5-605
is amended to read:
1452
20A-5-605. Duties of poll workers.
1453
(1) [(a) Receiving judges] Poll workers shall:
1454
(a) arrive at the polling place [30 minutes before the polls open] at a time determined
1455
by the election officer; and
1456
(b) remain until the official election returns are prepared for delivery.
1457
[(b) Counting judges shall be at the polls as directed by the election officer and remain
1458
until the official election returns are prepared for delivery.]
1459
(2) The election officer may designate:
1460
(a) certain poll workers to act as election judges;
1461
(b) an election judge to act as the presiding election judge; and
1462
(c) certain poll workers to act as clerks.
1463
[(2)] (3) Upon their arrival to open the polls, each set of [election judges] poll workers
1464
shall:
1465
[(a) designate which judge shall preside and which judges shall act as clerks;]
1466
(a) if the election officer has not designated which poll workers at a polling place shall
1467
act as election judges, as presiding election judge, or as clerks:
1468
(i) designate two poll workers to act as election judges as necessary;
1469
(ii) determine which election judge shall preside as necessary; and
1470
(iii) determine which poll workers shall act as clerks as necessary;
1471
(b) [in voting precincts using paper ballots,] select one or more of their number to
1472
deliver the election returns to the election officer or to the place that the election officer
1473
designates;
1474
[(c) in voting precincts using ballot cards, select two of their number, each from a
1475
different party, to deliver the election returns to the election officer or to the place that the
1476
election officer designates;]
1477
[(d)] (c) display the United States flag;
1478
[(e) open] (d) examine the voting devices [and examine them] to see that they are in
1479
proper working order and that security devices have not been tampered with;
1480
[(f)] (e) place the voting devices, voting booths, and the ballot box in plain view of
1481
[election judges] those poll workers and watchers that are present;
1482
[(g)] (f) for paper ballots and ballot sheets, open the ballot packages in the presence of
1483
all the [judges] poll workers;
1484
[(h)] (g) check the ballots, supplies, records, and forms;
1485
[(i)] (h) if directed to do so by the election officer[,]:
1486
(i) make any necessary corrections to the official ballots before they are distributed at
1487
the polls; and
1488
(ii) post any necessary notice of errors in electronic ballots before voting commences;
1489
[(j)] (i) post the sample ballots, instructions to voters, and constitutional amendments,
1490
if any; and
1491
[(k) hang the posting list near the polling place entrance; and]
1492
[(l)] (j) open the ballot box in the presence of those assembled, turn it upside down to
1493
empty it of anything, and then, immediately before polls open, lock it, or if locks and keys are
1494
not available, tape it securely.
1495
(3) (a) If any [election judge] poll worker fails to appear on the morning of the election,
1496
or fails or refuses to act[,]:
1497
(i) at least six qualified electors from the voting precinct who are present at the polling
1498
place at the hour designated by law for the opening of the polls shall fill the vacancy by
1499
appointing another qualified person from the voting precinct who is a member of the same
1500
political party as the [judge] poll worker who is being replaced to act as [election judge.] a poll
1501
worker; or
1502
(ii) the election officer shall appoint a qualified person to act as a poll worker.
1503
(b) If a majority of the [receiving election judges] poll workers are present, they shall
1504
open the polls, even though [the alternate judge] a poll worker has not arrived.
1505
(4) (a) If it is impossible or inconvenient to hold an election at the polling place
1506
designated, the [election judges] poll workers, after having assembled at or as near as
1507
practicable to the designated place, and before receiving any vote, may move to the nearest
1508
convenient place for holding the election.
1509
(b) If the [judges] poll workers move to a new polling place, they shall display a
1510
proclamation of the change and station a peace officer or some other proper person at the
1511
original polling place to notify voters of the location of the new polling place.
1512
(5) If the [election judge] poll worker who received delivery of the ballots produces
1513
packages of substitute ballots accompanied by a written and sworn statement of the election
1514
officer that the ballots are substitute ballots because the original ballots were not received, were
1515
destroyed, or were stolen, the [election judges] poll workers shall use those substitute ballots as
1516
the official election ballots.
1517
(6) If, for any reason, none of the official or substitute ballots are ready for distribution
1518
at a polling place or, if the supply of ballots is exhausted before the polls are closed, the
1519
[election judges] poll workers may use unofficial ballots, made as nearly as possible in the
1520
form of the official ballot, until substitutes prepared by the election officer are printed and
1521
delivered.
1522
(7) When it is time to open the polls, one of the [election judges] poll workers shall
1523
announce that the polls are open as required by Section
20A-1-302
.
1524
(8) (a) The [election judges] poll workers shall comply with the voting procedures and
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