(1) To vote by mail:

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Terms Used In Utah Code 20A-3a-204

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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
  • Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including:
         (4)(a) an opinion question specifically authorized by the Legislature;
         (4)(b) a constitutional amendment;
         (4)(c) an initiative;
         (4)(d) a referendum;
         (4)(e) a bond proposition;
         (4)(f) a judicial retention question;
         (4)(g) an incorporation of a city or town; or
         (4)(h) any other ballot question specifically authorized by the Legislature. 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
  • 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.
  • Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
         (35)(a) is created via electronic or mechanical means; and
         (35)(b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102
  • 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
  • Poll worker: includes election judges. See Utah Code 20A-1-102
  • 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
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Provisional ballot: means a ballot voted provisionally by a person:
         (55)(a) whose name is not listed on the official register at the polling place;
         (55)(b) whose legal right to vote is challenged as provided in this title; or
         (55)(c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
  • Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
  • Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
         (65)(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
         (65)(b) that includes the voter affidavit and a place for the voter's signature. 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
  • Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
  • Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
         (78)(a) mailing the ballot to the location designated in the mailing; or
         (78)(b) depositing the ballot in a ballot drop box designated by the election officer. 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 area: means the area within six feet of the voting booths, voting machines, and ballot box. 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
  • Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
  • Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
     (1)(a) except as provided in Subsection (6), the voter shall prepare the voter’s manual ballot by marking the appropriate space with a mark opposite the name of each candidate of the voter’s choice for each office to be filled;
     (1)(b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the appropriate space with a mark opposite the answer the voter intends to make;
     (1)(c) except as provided in Subsection (6), the voter shall record a write-in vote in accordance with Subsection 20A-3a-206(1);
     (1)(d) except as provided in Subsection (6), a mark is not required opposite the name of a write-in candidate; and
     (1)(e) the voter shall:

          (1)(e)(i) complete and sign the affidavit on the return envelope;
          (1)(e)(ii) place the voted ballot in the return envelope;
          (1)(e)(iii) if required, place a copy of the voter’s valid voter identification in the return envelope;
          (1)(e)(iv) securely seal the return envelope; and
          (1)(e)(v)

               (1)(e)(v)(A) attach postage, if necessary, and deposit the return envelope in the mail; or
               (1)(e)(v)(B) place the return envelope in a ballot drop box, designated by the election officer, for the precinct where the voter resides.
(2)

     (2)(a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is mailed must be:

          (2)(a)(i) clearly postmarked before election day, or otherwise clearly marked by the post office as received by the post office before election day; and
          (2)(a)(ii) received in the office of the election officer before noon on the day of the official canvass following the election.
     (2)(b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls close on election day, be deposited in:

          (2)(b)(i) a ballot box at a polling place; or
          (2)(b)(ii) a ballot drop box designated by an election officer for the jurisdiction to which the ballot relates.
     (2)(c) An election officer may, but is not required to, forward a ballot deposited in a ballot drop box in the wrong jurisdiction to the correct jurisdiction.
     (2)(d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a ballot drop box, with a sealed return envelope containing a ballot in the voter’s possession, to deposit the ballot in the ballot drop box.
(3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after complying with Subsections (1)(a) through (d):

     (3)(a) sign the official register or pollbook; and
     (3)(b)

          (3)(b)(i) place the ballot in the ballot box; or
          (3)(b)(ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot envelope, complete the information printed on the provisional ballot envelope, and deposit the provisional ballot envelope in the provisional ballot box.
(4)

     (4)(a) An individual with a disability may vote a mechanical ballot at a polling place.
     (4)(b) An individual other than an individual with a disability may vote a mechanical ballot at a polling place if permitted by the election officer.
(5) To vote a mechanical ballot, the voter shall:

     (5)(a) make the selections according to the instructions provided for the voting device; and
     (5)(b) subject to Subsection (6), record a write-in vote by:

          (5)(b)(i) selecting the appropriate position for entering a write-in candidate; and
          (5)(b)(ii) using the voting device to enter the name of the valid write-in candidate for whom the voter wishes to vote.
(6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, a voter:

     (6)(a) shall indicate, as directed on the ballot, the name of the candidate who is the voter’s first preference for the office; and
     (6)(b) may indicate, as directed on the ballot, the names of the remaining candidates in order of the voter’s preference.
(7) A voter who votes at a polling place:

     (7)(a) shall mark and cast or deposit the ballot without delay and shall leave the voting area after voting; and
     (7)(b) may not:

          (7)(b)(i) occupy a voting booth occupied by another, except as provided in Section 20A-3a-208;
          (7)(b)(ii) remain within the voting area more than 10 minutes; or
          (7)(b)(iii) occupy a voting booth for more than five minutes if all booths are in use and other voters are waiting to occupy a voting booth.
(8) If the official register shows any voter as having voted, that voter may not reenter the voting area during that election unless that voter is an election official or watcher.
(9) A poll worker may not, at a polling place, allow more than four voters more than the number of voting booths into the voting area at one time unless those excess voters are:

     (9)(a) election officials;
     (9)(b) watchers; or
     (9)(c) assisting voters with a disability.
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