Utah Code 20A-4-404. Election contest — Calendaring and disposition
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(1)
Terms Used In Utah Code 20A-4-404
- 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
- Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority.
- Counterclaim: A claim that a defendant makes against a plaintiff.
- 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
- 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.
- 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.
- 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
- Subpoena: A command to a witness to appear and give testimony.
- 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) Upon receipt of the petition, the clerk shall inform the chief judge of the court having jurisdiction.(1)(b) The chief judge shall issue an order:(1)(b)(i) assigning the case to a district court judge, if the district court has jurisdiction; and(1)(b)(ii) setting a date and time, not less than 10 nor more than 30 days from the date the petition was filed to hear and determine the contest.(1)(c) The clerk shall:(1)(c)(i) issue a subpoena for the person whose right to the office is contested to appear at the time and place specified in the order; and(1)(c)(ii) cause the subpoena to be served.
(2) The court shall meet at the time and place designated to determine the contest.
(3)
(3)(a) If it is necessary for the court to inspect the ballots of any voting precinct in order to determine any election contest the judge may order the proper officer to produce them.
(3)(b) The judge shall:
(3)(b)(i) open and inspect the ballots in open court in the presence of the parties or their attorneys; and
(3)(b)(ii) immediately after the inspection, seal them in an envelope and return them, by mail or otherwise, to their legal custodian.
(4)
(4)(a) If the petition, response, or counterclaim alleges an error in the canvass sufficient to change the result, the court may order and conduct a recount of the ballots or vote tabulation.
(4)(b) The court may also require the production of any documents, records, and other evidence necessary to enable it to determine the legality or illegality of any vote cast or counted.
(4)(c)
(4)(c)(i) After all the evidence in the contest is submitted, the court shall enter its judgment, either confirming the election result or annulling and setting aside the election.
(4)(c)(ii) If the court determines that a person other than the one declared elected received the highest number of legal votes, the court shall declare that person elected.