Utah Code 20A-4-303. Duties of the board of canvassers — Canvassing the returns

(1)

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Terms Used In Utah Code 20A-4-303

Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
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
Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. 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
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
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) Before the board of canvassers convenes, the election officer shall:

(1)(a)(i) count the ballots;

(1)(a)(ii) prepare a certified summary of:

(1)(a)(ii)(A) all ballots counted; and

(1)(a)(ii)(B) all ballots not counted, with an explanation regarding the reason the ballots were not counted; and

(1)(a)(iii) make available to the board of canvassers for inspection, all ballots, registers, books, and forms related to the election.

(1)(b) The board of canvassers shall canvass the election returns by publicly:

(1)(b)(i) reviewing the summary reports prepared by the election officer and any ballots, registers, books, or forms requested by the board of canvassers; and

(1)(b)(ii) certifying the votes cast:

(1)(b)(ii)(A) each person voted for; and

(1)(b)(ii)(B) for and against each ballot proposition voted upon at the election.

(1)(c) The board of canvassers shall, once having begun the canvass, continue until it is completed.

(2) In canvassing returns, the board of canvassers may not:

(2)(a) reject any election returns if the board can determine the number of votes cast for each person from it;

(2)(b) reject any election returns if the election returns:

(2)(b)(i) do not show who administered the oath to the judges of election;

(2)(b)(ii) show that the election judges failed to fill out all the certificates in the pollbooks; or

(2)(b)(iii) show that the election judges failed to do or perform any other act in preparing the returns that is not essential to determine for whom the votes were cast; or

(2)(c) reject any returns from any voting precinct that do not conform with the requirements for making, certifying, and returning the returns if those returns are sufficiently explicit to enable the board of canvassers to determine the number of votes cast for each person and for and against each ballot proposition.

(3)

(3)(a) If it clearly appears to the election officer and board of canvassers that certain matters are omitted or that clerical mistakes exist in election returns received, the election officer shall correct the omissions and mistakes.

(3)(b) The clerk and the board of canvassers may adjourn from day to day to await receipt of corrected election material.

(4) If a recount is conducted as authorized by Section 20A-4-401, the board of canvassers shall canvass the results of that recount as provided in this section and Section 20A-4-401.

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