2006 Utah Code - 20A-3-308 — Absentee ballots in the custody of election judges -- Disposition.

     20A-3-308.   Absentee ballots in the custody of election judges -- Disposition.
     (1) (a) Voting precinct election judges shall open envelopes containing absentee ballots that are in their custody on election day at the polling places during the time the polls are open as provided in this Subsection (1).
     (b) The election judges shall:
     (i) first, open the outer envelope only; and
     (ii) compare the signature of the voter on the application with the signature on the affidavit.
     (2) (a) The judges shall carefully open and remove the absentee voter envelope so as not to destroy the affidavit on the envelope if they find that:
     (i) the affidavit is sufficient;
     (ii) the signatures correspond; and
     (iii) the applicant is registered to vote in that voting precinct and has not voted in that election.
     (b) If, after opening the absentee voter envelope, the judge finds that a provisional ballot envelope is enclosed and the voter has included identification, the election judge shall:
     (i) record in the official register that the voter included valid voter identification;
     (ii) record the type of identification provided by the voter in the appropriate space in the official register;
     (iii) record the provisional ballot envelope number on the official register; and
     (iv) place the provisional ballot envelope with the other provisional ballot envelopes to be transmitted to the county clerk.
     (c) If, after opening the absentee voter envelope, the judge finds that a provisional ballot envelope is enclosed, and that the voter has not included valid voter identification, the election judge shall:
     (i) record in the official register that the voter did not include valid voter identification;
     (ii) record the provisional ballot number in the official register; and
     (iii) place the provisional ballot envelope with the other provisional ballot envelopes to be transmitted to the county clerk.
     (d) If the absentee ballot is not a provisional ballot, the election judges shall:
     (i) remove the absentee ballot from the envelope without unfolding it or permitting it to be opened or examined;
     (ii) initial the stub in the same manner as for other ballots;
     (iii) remove the stub from the ballot;
     (iv) deposit the ballot in the ballot box; and
     (v) mark the official register and pollbook to show that the voter has voted.
     (3) If the election judges determine that the affidavit is insufficient, or that the signatures do not correspond, or that the applicant is not a registered voter in the voting precinct, they shall:
     (a) disallow the vote; and
     (b) without opening the absentee voter envelope, mark across the face of the envelope:
     (i) "Rejected as defective"; or
     (ii) "Rejected as not a registered voter."
     (4) The election judges shall deposit the absentee voter envelope, when the absentee ballot is voted, and the absentee voter envelope with its contents unopened when the absent vote is rejected, in the ballot box containing the ballots.

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     (5) The election officer shall retain and preserve the absentee voter envelopes in the manner provided by law for the retention and preservation of official ballots voted at that election.

Amended by Chapter 264, 2006 General Session