Utah Code 20A-1-603. Fraud, interference, disturbance — Tampering with ballots or records — Penalties
Current as of: 2024 | Check for updates
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Other versions
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For details, see Utah Code § 76-3-204
Attorney's Note
Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| class A misdemeanor | up to 364 days | up to $2,500 |
Terms Used In Utah Code 20A-1-603
- 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
- Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
- 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 - Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Official register: means the official record furnished to election officials by the election officer that contains the information required by Section
20A-5-401 . 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- Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
- Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
- State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- 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- Voter registration deadline: means the registration deadline provided in Section
Utah Code 20A-1-102 (1)(a) An individual may not fraudulently vote on the individual’s behalf or on behalf of another, by:(1)(a)(i) voting more than once at any one election, regardless of whether one of the elections is in a state or territory of the United States outside of Utah;(1)(a)(ii) knowingly handing in two or more ballots folded together;(1)(a)(iii) changing any ballot after the ballot is cast or deposited in the ballot box, or ballot drop box, or mailed;(1)(a)(iv) adding or attempting to add any ballot or vote to those legally polled at any election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either before or after the ballots have been counted;(1)(a)(v) adding to or mixing or attempting to add or mix, other ballots with the ballots lawfully polled while those ballots are being counted or canvassed, or at any other time; or(1)(a)(vi) voting in a voting district or precinct when the individual knew or should have known that the individual was not eligible for voter registration in that district or precinct, unless the individual is legally entitled to vote the ballot under Section 20A-4-107 or another provision of this title.(1)(b) A person may not fraudulently interfere with an election by:(1)(b)(i) willfully tampering with, detaining, mutilating, or destroying any election returns;(1)(b)(ii) in any manner, interfering with the officers holding an election or conducting a canvass, or with the voters lawfully exercising their rights of voting at an election, so as to prevent the election or canvass from being fairly held or lawfully conducted;(1)(b)(iii) engaging in riotous conduct at any election, or interfering in any manner with any election official in the discharge of the election official’s duties;(1)(b)(iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or declare the result of any election or to give or make any certificate, document, or evidence in relation to any election, to violate or refuse to comply with the election officer’s duty or any law regulating the election officer’s duty;(1)(b)(v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or other thing from a polling place, or from the possession of the person authorized by law to have the custody of that thing;(1)(b)(vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the contents of a ballot drop box; or(1)(b)(vii) aiding, counseling, providing, procuring, advising, or assisting any person to do any of the acts described in this section.(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3):(2)(a) a person who commits an offense under Subsection (1)(b)(vi), or who aids, counsels, provides, procures, advises, or assists a person to commit an offense under Subsection (1)(b)(vi), is guilty of a third degree felony; and(2)(b) a person who commits an offense under Subsection (1), other than an offense described in Subsection (2)(a), is guilty of a class A misdemeanor.(3) The lieutenant governor shall take, and store for at least 22 months, a static copy of the official register made at the following times:(3)(a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);(3)(b) the day of the election; and(3)(c) the last day of the canvass.