Utah Code 20A-5-403. Polling places — Booths — Ballot boxes — Inspections — Arrangements
Current as of: 2024 | Check for updates
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(1) Except as provided in Section 20A-7-609.5, each election officer shall:
Terms Used In Utah Code 20A-5-403
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
- Election officer: means :(23)(a) the lieutenant governor, for all statewide ballots and elections;(23)(b) the county clerk for:(23)(b)(i) a county ballot and election; and(23)(b)(ii) a ballot and election as a provider election officer as provided in Section
Utah Code 20A-1-102 - Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Municipal legislative body: means the council of the city or town in any form of municipal government. See Utah Code 20A-1-102
- Municipality: means a city or town. See Utah Code 20A-1-102
- Person: means :
(24)(a) an individual;(24)(b) an association;(24)(c) an institution;(24)(d) a corporation;(24)(e) a company;(24)(f) a trust;(24)(g) a limited liability company;(24)(h) a partnership;(24)(i) a political subdivision;(24)(j) a government office, department, division, bureau, or other body of government; and(24)(k) any other organization or entity. See Utah Code 68-3-12.5- Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
- Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102
- Valid voter identification: means :
(76)(a) a form of identification that bears the name and photograph of the voter which may include:(76)(a)(i) a currently valid Utah driver license;(76)(a)(ii) a currently valid identification card that is issued by:(76)(a)(ii)(A) the state; or(76)(a)(ii)(B) a branch, department, or agency of the United States;(76)(a)(iii) a currently valid Utah permit to carry a concealed weapon;(76)(a)(iv) a currently valid United States passport; or(76)(a)(v) a currently valid United States military identification card;(76)(b) one of the following identification cards, whether or not the card includes a photograph of the voter:(76)(b)(i) a valid tribal identification card;(76)(b)(ii) a Bureau of Indian Affairs card; or(76)(b)(iii) a tribal treaty card; or(76)(c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:(76)(c)(i) a current utility bill or a legible copy thereof, dated within the 90 days before the election;(76)(c)(ii) a bank or other financial account statement, or a legible copy thereof;(76)(c)(iii) a certified birth certificate;(76)(c)(iv) a valid social security card;(76)(c)(v) a check issued by the state or the federal government or a legible copy thereof;(76)(c)(vi) a paycheck from the voter's employer, or a legible copy thereof;(76)(c)(vii) a currently valid Utah hunting or fishing license;(76)(c)(viii) certified naturalization documentation;(76)(c)(ix) a currently valid license issued by an authorized agency of the United States;(76)(c)(x) a certified copy of court records showing the voter's adoption or name change;(76)(c)(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;(76)(c)(xii) a currently valid identification card issued by:(76)(c)(xii)(A) a local government within the state;(76)(c)(xii)(B) an employer for an employee; or(76)(c)(xii)(C) a college, university, technical school, or professional school located within the state; or(76)(c)(xiii) a current Utah vehicle registration. See Utah Code 20A-1-102- Voter: means an individual who:
(79)(a) meets the requirements for voting in an election;(79)(b) meets the requirements of election registration;(79)(c) is registered to vote; and(79)(d) is listed in the official register book. See Utah Code 20A-1-102- Voting booth: means :
(82)(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or(82)(b) a voting device that is free standing. See Utah Code 20A-1-102- Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
- Voting precinct: means the smallest geographical voting unit, established under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. See Utah Code 20A-1-102
- Writing: includes :
(48)(a) printing;(48)(b) handwriting; and(48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5(1)(a) designate polling places for each voting precinct in the jurisdiction; and(1)(b) obtain the approval of the county or municipal legislative body or special district governing board for those polling places.(2)(2)(a) For each polling place, the election officer shall provide:(2)(a)(i) an American flag;(2)(a)(ii) a sufficient number of voting booths or compartments;(2)(a)(iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and supplies necessary to enable a voter to vote;(2)(a)(iv) the constitutional amendment cards required by Part 1, Election Notices and Instructions;(2)(a)(v) the instructions required by Section 20A-5-102; and(2)(a)(vi) a sign, to be prominently displayed in the polling place, indicating that valid voter identification is required for every voter before the voter may vote and listing the forms of identification that constitute valid voter identification.(2)(b) Each election officer shall ensure that:(2)(b)(i) each voting booth is at a convenient height for writing, and is arranged so that the voter can prepare the voter’s ballot screened from observation;(2)(b)(ii) there are a sufficient number of voting booths or voting devices to accommodate the voters at that polling place; and(2)(b)(iii) there is at least one voting booth or voting device that is configured to accommodate persons with disabilities.(2)(c) Each county clerk shall provide a ballot box for each polling place that is large enough to properly receive and hold the ballots to be cast.(3)(3)(a) All polling places shall be physically inspected by each county clerk to ensure access by a person with a disability.(3)(b) Any issues concerning inaccessibility to polling places by a person with a disability discovered during the inspections referred to in Subsection (3)(a) or reported to the county clerk shall be:(3)(b)(i) forwarded to the Office of the Lieutenant Governor; and(3)(b)(ii) within six months of the time of the complaint, the issue of inaccessibility shall be either:(3)(b)(ii)(A) remedied at the particular location by the county clerk;(3)(b)(ii)(B) the county clerk shall designate an alternative accessible location for the particular precinct; or(3)(b)(ii)(C) if no practical solution can be identified, file with the Office of the Lieutenant Governor a written explanation identifying the reasons compliance cannot reasonably be met.(4)(4)(a) The municipality in which the election is held shall pay the cost of conducting each municipal election, including the cost of printing and supplies.(4)(b)(4)(b)(i) Costs assessed by a county clerk to a municipality under this section may not exceed the actual costs incurred by the county clerk.(4)(b)(ii) The actual costs shall include:(4)(b)(ii)(A) costs of or rental fees associated with the use of election equipment and supplies; and(4)(b)(ii)(B) reasonable and necessary administrative costs.(5) The county clerk shall make detailed entries of all proceedings had under this chapter.(6)(6)(a) Each county clerk shall, to the extent possible, ensure that the amount of time that an individual waits in line before the individual can vote at a polling place in the county does not exceed 30 minutes.(6)(b) The lieutenant governor may require a county clerk to submit a line management plan before the next election if an individual waits in line at a polling place in the county longer than 30 minutes before the individual can vote.(6)(c) The lieutenant governor may consider extenuating circumstances in deciding whether to require the county clerk to submit a plan described in Subsection (6)(b).(6)(d) The lieutenant governor shall review each plan submitted under Subsection (6)(b) and consult with the county clerk submitting the plan to ensure, to the extent possible, that the amount of time an individual waits in line before the individual can vote at a polling place in the county does not exceed 30 minutes.