(1) After the official canvas of an election, the election officer shall store all election returns in containers that identify the containers’ contents.

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Terms Used In Utah Code 20A-4-106

  • 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
  • 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.
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Subpoena: A command to a witness to appear and give testimony.
(2) After the ballots are stored under Subsection (1), the ballots may not be examined by anyone, except as follows:

     (2)(a) when examined during a recount conducted under the authority of Section 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project;
     (2)(b) an auditor conducting an audit described in Section 36-12-15.2 may examine the ballots:

          (2)(b)(i) if the audit uncovers evidence that raises a substantial doubt regarding the accuracy of the results of an election, the auditor may examine the ballots until the later of:

               (2)(b)(i)(A) the end of the calendar year in which the election was held; or
               (2)(b)(i)(B) if the election is contested, when the contest is resolved; or
          (2)(b)(ii) at any time via a subpoena or other legal process; or
     (2)(c) the lieutenant governor may examine the ballots:

          (2)(c)(i) until the later of:

               (2)(c)(i)(A) the end of the calendar year in which the election was held; or
               (2)(c)(i)(B) if the election is contested, when the contest is resolved; or
          (2)(c)(ii) at any time via a subpoena or other legal process.