Utah Code 20A-5-802. Certification of voting equipment
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(1) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall:
Terms Used In Utah Code 20A-5-802
- 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
- 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 Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. 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 - 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.
- 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
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- 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 equipment: means the following equipment used for an election:
(2)(a) automatic tabulating equipment;(2)(b) a voting device; or(2)(c) a voting machine. See Utah Code 20A-5-801(1)(a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment’s functions accurately;(1)(b) develop and implement a procedure to protect the physical security of the voting equipment; and(1)(c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.(2)(2)(a) Except as provided in Subsection (2)(b)(ii):(2)(a)(i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that:(2)(a)(i)(A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and(2)(a)(i)(B) meet the requirements of Subsection (2)(a)(ii);(2)(a)(ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system:(2)(a)(ii)(A) is accurate and reliable;(2)(a)(ii)(B) possesses established and maintained access controls;(2)(a)(ii)(C) has not been fraudulently manipulated or tampered with;(2)(a)(ii)(D) is able to identify fraudulent or erroneous changes to the voting equipment; and(2)(a)(ii)(E) protects the secrecy of a voter‘s ballot; and(2)(a)(iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by:(2)(a)(iii)(A) the United States Election Assistance Commission; or(2)(a)(iii)(B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.(2)(b)(2)(b)(i) Voting equipment used in the state may include technology that allows for ranked-choice voting.(2)(b)(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.