Terms Used In Utah Code > Title 20A > Chapter 16 - Uniform Military and Overseas Voters Act

• Address: includes :
            (1)(b)(i) a post office box number;
            (1)(b)(ii) a rural free delivery route number; and
            (1)(b)(iii) a street name and number. See Utah Code 16-6a-102
• Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Advocacy committee: means the Land Trusts Protection and Advocacy Committee, created in Section 53D-2-202. See Utah Code 53D-2-102
• Advocacy director: means the director of the advocacy office, appointed as described in Section 53D-2-203. See Utah Code 53D-2-102
• Advocacy office: means the Land Trusts Protection and Advocacy Office, created in Section 53D-2-201. See Utah Code 53D-2-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
• Arrest: Taking physical custody of a person by lawful authority.
• Articles of incorporation: include :
       (3)(a) amended articles of incorporation;
       (3)(b) restated articles of incorporation;
       (3)(c) articles of merger; and
       (3)(d) a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• 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
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102
• Bylaws: includes :
            (6)(b)(i) amended bylaws; and
            (6)(b)(ii) restated bylaws. See Utah Code 16-6a-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
• Charter school governing board: means the board that governs a charter school. See Utah Code 53E-1-102
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cost: means an estimation of state and local money required to implement a federal education agreement or national program. See Utah Code 53E-3-801
• Covered voter: means an individual who:
       (1)(a) satisfies Utah's voter eligibility requirements that do not relate to residency;
       (1)(b) is not registered to vote in a state other than Utah;
       (1)(c) is absent from the United States on the day of the election; and
       (1)(d)

            (1)(d)(i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:

                 (1)(d)(i)(A) is a uniformed service voter; or

                 (1)(d)(i)(B) temporarily resides outside the United States;

            (1)(d)(ii) is a foreign United States citizen who:

                 (1)(d)(ii)(A) before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and

                 (1)(d)(ii)(B) did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or

            (1)(d)(iii) is a foreign United States citizen:

                 (1)(d)(iii)(A) who has never registered to vote in a state other than Utah;

                 (1)(d)(iii)(B) who has never established a principal place of residence in the United States; and

                 (1)(d)(iii)(C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102
• Dependent: A person dependent for support upon another.
• Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102
• Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102
• domestic corporation: means a corporation for profit that:
       (15)(a) is not a foreign corporation; and
       (15)(b) is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. See Utah Code 16-6a-102
• domestic nonprofit corporation: means an entity that:
       (37)(a) is not a foreign nonprofit corporation; and
       (37)(b) is incorporated under or subject to this chapter. See Utah Code 16-6a-102
• Education entities: means the entities that may bear the state and local costs of implementing a federal program or national program, including:
       (2)(a) the state board;
       (2)(b) the state superintendent;
       (2)(c) a local school board;
       (2)(d) a school district and its schools;
       (2)(e) a charter school governing board; and
       (2)(f) a charter school. See Utah Code 53E-3-801
• 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
• Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102
• Equal: means , with respect to biological sex, of the same value. See Utah Code 68-3-12.5
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• 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.
• Federal education agreement: means a legally binding document or representation that requires a school official to implement a federal program or set of requirements that originates from the U. See Utah Code 53E-3-801
• Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• Federal programs: include :
       (4)(a) the No Child Left Behind Act;
       (4)(b) the Individuals with Disabilities Education Act Amendments of 1997, Public Law 105-17, and subsequent amendments; and
       (4)(c) other federal educational programs. See Utah Code 53E-3-801
• Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, Utah Code 20A-16-102
• Fiduciary: A trustee, executor, or administrator.
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102
• Foreign nonprofit corporation: means an entity:
       (28)(a) incorporated under a law other than the laws of this state; and
       (28)(b) that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102
• Fraud: Intentional deception resulting in injury to another.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Guardian: includes a person who:
       (14)(a) qualifies as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment; or
       (14)(b) is appointed by a court to manage the estate of a minor or incapacitated person. See Utah Code 68-3-12.5
• IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, Utah Code 53E-1-102
• Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Joint resolution: A legislative measure which requires the approval of both chambers.
• 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.
• Land: includes :
       (18)(a) land;
       (18)(b) a tenement;
       (18)(c) a hereditament;
       (18)(d) a water right;
       (18)(e) a possessory right; and
       (18)(f) a claim. See Utah Code 68-3-12.5
• LEA: means :
       (6)(a) a school district;
       (6)(b) a charter school; or
       (6)(c) the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102
• LEA governing board: means :
       (5)(a) for a school district, the local school board;
       (5)(b) for a charter school, the charter school governing board; or
       (5)(c) for the Utah Schools for the Deaf and the Blind, the state board. See Utah Code 53E-1-102
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
• Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
• Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102
• mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102
• Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
• Member: includes :
            (34)(b)(i) "voting member"; and
            (34)(b)(ii) a shareholder in a water company. See Utah Code 16-6a-102
• Military-overseas ballot: means :
       (6)(a) a federal write-in absentee ballot;
       (6)(b) a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or
       (6)(c) a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102
• Minimum School Program: means the same as that term is defined in Section 53F-2-102. See Utah Code 53E-1-102
• money: means :
            (7)(a)(i) legal tender;
            (7)(a)(ii) a negotiable instrument; or
            (7)(a)(iii) other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-102
• Month: means a calendar month, unless otherwise expressed. See Utah Code 68-3-12.5
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102
• Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102
• National program: means a national or multi-state education program, agreement, or standards that:
       (5)(a) originated from, or were received directly or indirectly from, a national or multi-state organization, coalition, or compact;
       (5)(b) have, as a primary focus, an impact on the educational services at a public school; and
       (5)(c) are adopted by the state board or state superintendent with the intent to cause a local school official to implement the national or multi-state education program, agreement, or standards. See Utah Code 53E-3-801
• No Child Left Behind Act: means the No Child Left Behind Act of 2001, Utah Code 53E-3-801
• Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102
• Parent: means a parent or legal guardian. See Utah Code 53E-1-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: means an:
       (40)(a) individual; or
       (40)(b) entity. See Utah Code 16-6a-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
• Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Principal office: means :
       (41)(a) the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including:

            (41)(a)(i) an annual report;

            (41)(a)(ii) an application for a certificate of authority; or

            (41)(a)(iii) a notice of change of principal office; or
       (41)(b) if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102
• Proceeding: includes :
       (42)(a) a civil suit;
       (42)(b) arbitration;
       (42)(c) mediation;
       (42)(d) a criminal action;
       (42)(e) an administrative action; or
       (42)(f) an investigatory action. See Utah Code 16-6a-102
• Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
• Property: includes both real and personal property. See Utah Code 68-3-12.5
• Public education code: means :
       (10)(a) this title;
       (10)(b) Title 53F, Public Education System -- Funding; and
       (10)(c) Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102
• Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
• qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
• Quorum: The number of legislators that must be present to do business.
• Recess: A temporary interruption of the legislative business.
• Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. ^{Source: FDIC}
• Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102
• Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
• Regular primary election: means the election, held on the date specified in Section Utah Code 20A-1-102
• Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
• Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
• School official: includes :
       (7)(a) the state board;
       (7)(b) the state superintendent;
       (7)(c) employees of the state board and the state superintendent;
       (7)(d) local school boards;
       (7)(e) school district superintendents and employees; and
       (7)(f) charter school governing board members, administrators, and employees. See Utah Code 53E-3-801
• Service of process: The service of writs or summonses to the appropriate party.
• Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
• Sex: means , in relation to an individual, the individual's biological sex, either male or female, at birth, according to distinct reproductive roles as manifested by:
       (34)(a) sex and reproductive organ anatomy;
       (34)(b) chromosomal makeup; and
       (34)(c) endogenous hormone profiles. See Utah Code 68-3-12.5
• Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102
• Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
• Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102
• State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102
• 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
• State board: means the State Board of Education. See Utah Code 53E-1-102
• State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102
• Statewide assessment: means one or more of the following, as applicable:
       (2)(a) a standards assessment described in Section 53E-4-303;
       (2)(b) a high school assessment described in Section 53E-4-304;
       (2)(c) a college readiness assessment described in Section 53E-4-305; or
       (2)(d) an assessment of students in grade 3 to measure reading grade level described in Section 53E-4-307. See Utah Code 53E-4-301
• Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102
• Statute: A law passed by a legislature.
• Swear: includes "affirm. See Utah Code 68-3-12.5
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• trust: includes :
       (4)(a) school and institutional trust lands, as defined in Section 53C-1-103, and related assets; and
       (4)(b) funds and investments of school and institutional trust land revenue, as described in Title 53D, Chapter 1, School and Institutional Trust Fund Management Act. See Utah Code 53D-2-102
• Trust beneficiaries: means those for whose benefit the school and institutional trust is managed and preserved, as required by:
       (6)(a) the Utah Enabling Act;
       (6)(b) the Utah Constitution; and
       (6)(c) state law. See Utah Code 53D-2-102
• Trustee: A person or institution holding and administering property in trust.
• Uniformed service: means :
       (9)(a) active and reserve components of the armed forces as defined in Section Utah Code 20A-16-102
• Uniformed services: means :
       (40)(a) the armed forces;
       (40)(b) the commissioned corps of the National Oceanic and Atmospheric Administration; and
       (40)(c) the commissioned corps of the United States Public Health Service. See Utah Code 68-3-12.5
• United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
• United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
• Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:
       (42)(a) on the day on which the 1953 recodification of the Utah Code was enacted; or
       (42)(b)

            (42)(b)(i) after the day described in Subsection (42)(a); and

            (42)(b)(ii) before the most recent amendment to the referenced portion of the 1953 recodification of the Utah Code. See Utah Code 68-3-12.5
• Vote: includes authorization by:
       (55)(a) written ballot; and
       (55)(b) written consent. See Utah Code 16-6a-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 group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-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
• Writing: includes :
       (48)(a) printing;
       (48)(b) handwriting; and
       (48)(c) information stored in an electronic or other medium if the information is retrievable in a perceivable format. See Utah Code 68-3-12.5