Utah Code 20A-4-107. Review and disposition of provisional ballot envelopes
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(1) As used in this section, an individual is “legally entitled to vote” if:
Terms Used In Utah Code 20A-4-107
- 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 SectionUtah 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- Poll worker: includes election judges. 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- Registration form: means a form by which an individual may register to vote under this title. 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
- 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 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
(1)(a) the individual:(1)(a)(i) is registered to vote in the state;(1)(a)(ii) votes the ballot for the voting precinct in which the individual resides; and(1)(a)(iii) provides valid voter identification to the poll worker;(1)(b) the individual:(1)(b)(i) is registered to vote in the state;(1)(b)(ii)(1)(b)(ii)(A) provided valid voter identification to the poll worker; or(1)(b)(ii)(B) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register but the county clerk verifies the individual’s identity and residence through some other means; and(1)(b)(iii) did not vote in the individual’s precinct of residence, but the ballot that the individual voted was from the individual’s county of residence and includes one or more candidates or ballot propositions on the ballot voted in the individual’s precinct of residence; or(1)(c) the individual:(1)(c)(i) is registered to vote in the state;(1)(c)(ii) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register; and(1)(c)(iii)(1)(c)(iii)(A) the county clerk verifies the individual’s identity and residence through some other means as reliable as photo identification; or(1)(c)(iii)(B) the individual provides valid voter identification to the county clerk or an election officer who is administering the election by the close of normal office hours on Monday after the date of the election.(2)(2)(a) Upon receipt of a provisional ballot form, the election officer shall review the affirmation on the provisional ballot form and determine if the individual signing the affirmation is:(2)(a)(i) registered to vote in this state; and(2)(a)(ii) legally entitled to vote:(2)(a)(ii)(A) the ballot that the individual voted; or(2)(a)(ii)(B) if the ballot is from the individual’s county of residence, for at least one ballot proposition or candidate on the ballot that the individual voted.(2)(b) Except as provided in Section 20A-2-207, if the election officer determines that the individual is not registered to vote in this state or is not legally entitled to vote in the county or for any of the ballot propositions or candidates on the ballot that the individual voted, the election officer shall retain the ballot form, uncounted, for the period specified in Section 20A-4-202 unless ordered by a court to produce or count it.(2)(c) If the election officer determines that the individual is registered to vote in this state and is legally entitled to vote in the county and for at least one of the ballot propositions or candidates on the ballot that the individual voted, the election officer shall place the provisional ballot with the regular ballots to be counted with those ballots at the canvass.(2)(d) The election officer may not count, or allow to be counted a provisional ballot unless the individual’s identity and residence is established by a preponderance of the evidence.(3) If the election officer determines that the individual is registered to vote in this state, or if the voter registers to vote in accordance with Section 20A-2-207, the election officer shall ensure that the voter registration records are updated to reflect the information provided on the provisional ballot form.(4) Except as provided in Section 20A-2-207, if the election officer determines that the individual is not registered to vote in this state and the information on the provisional ballot form is complete, the election officer shall:(4)(a) consider the provisional ballot form a voter registration form for the individual’s county of residence; and(4)(b)(4)(b)(i) register the individual if the individual’s county of residence is within the county; or(4)(b)(ii) forward the voter registration form to the election officer of the individual’s county of residence, which election officer shall register the individual.(5) Notwithstanding any provision of this section, the election officer shall place a provisional ballot with the regular ballots to be counted with those ballots at the canvass, if:(5)(a)(5)(a)(i) the election officer determines, in accordance with the provisions of this section, that the sole reason a provisional ballot may not otherwise be counted is because the voter registration was filed less than 11 days before the election;(5)(a)(ii) 11 or more days before the election, the individual who cast the provisional ballot:(5)(a)(ii)(A) completed and signed the voter registration; and(5)(a)(ii)(B) provided the voter registration to another person to file;(5)(a)(iii) the late filing was made due to the individual described in Subsection (5)(a)(ii)(B) filing the voter registration late; and(5)(a)(iv) the election officer receives the voter registration before 5 p.m. no later than one day before the day of the election; or(5)(b) the provisional ballot is cast on or before election day and is not otherwise prohibited from being counted under the provisions of this chapter.