2006 Utah Code - 20A-3-202 — Challenges -- Recorded in official register and in pollbook.

     20A-3-202.   Challenges -- Recorded in official register and in pollbook.
     (1) (a) When any person applies for a ballot or when a person offers a ballot for deposit in the ballot box, the person's right to vote in that voting precinct and in that election may be orally challenged by a poll worker or any challenger orally stating the challenged voter's name and the basis for the challenge.
     (b) A person may challenge another person's right to vote by alleging that:
     (i) the voter is not the person whose name appears in the official register and under which name the right to vote is claimed;
     (ii) the voter is not a resident of Utah;
     (iii) the voter is not a citizen of the United States;
     (iv) the voter has not or will not have resided in Utah for 30 days immediately before the date of the election;
     (v) the voter does not live in the voting precinct;
     (vi) the voter does not live within the geographic boundaries of the entity holding the election;
     (vii) the voter's principal place of residence is not in the voting precinct;
     (viii) the voter's principal place of residence is not in the geographic boundaries of the election area;
     (ix) the voter has voted before in the election;
     (x) the voter is not at least 18 years old;
     (xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a resident of the entity holding the election before the voter was confined or incarcerated;
     (xii) the voter is a convicted felon and is incarcerated for the commission of a felony; or
     (xiii) in a regular primary election, the voter does not meet the political party affiliation criteria established by the political party whose ballot the voter seeks to vote.
     (2) (a) Any person may challenge the right to vote of any person whose name appears on the official register by filing a written signed statement identifying the challenged voter's name and the basis for the challenge with the county clerk on the Friday before the election during regular business hours.
     (b) The person challenging a person's right to vote shall allege one or more of the grounds established in Subsection (1)(b) as the basis for the challenge.
     (c) The county clerk shall:
     (i) carefully preserve the written challenges;
     (ii) write in the appropriate official register opposite the name of any person for whom the county clerk received a written challenge, the words "To be challenged"; and
     (iii) transmit the written challenges to poll workers of that voting precinct.
     (d) The poll workers shall raise the written challenge with the voter when the voter requests a ballot.
     (3) The poll workers shall record all challenges in the official register and on the challenge sheets in the pollbook.
     (4) If a person's right to vote is challenged under this section, the poll worker shall follow the procedures and requirements of Section 20A-3-105.5.

Amended by Chapter 15, 2006 General Session
Amended by Chapter 326, 2006 General Session