2011 Utah Code
Title 20A Election Code
Chapter 4 Election Returns and Election Contests
Section 107 Review and disposition of provisional ballot envelopes.

20A-4-107. Review and disposition of provisional ballot envelopes.
(1) As used in this section, a person is "legally entitled to vote" if:
(a) the person:
(i) is registered to vote in the state;
(ii) votes the ballot for the voting precinct in which the person resides; and
(iii) provided valid voter identification to the poll worker;
(b) the person:
(i) is registered to vote in the state;
(ii) (A) provided valid voter identification to the poll worker; or
(B) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register but the county clerk verifies the person's identity and residence through some other means; and
(iii) did not vote in the person's precinct of residence, but the ballot that the person voted is identical to the ballot voted in the person's precinct of residence; or
(c) the person:
(i) is registered to vote in the state;
(ii) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register; and
(iii) (A) the county clerk verifies the person's identity and residence through some other means as reliable as photo identification; or
(B) the person provides valid voter identification to the county clerk or an election officer who is administering the election by the close of normal office hours on Monday after the date of the election.
(2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review the affirmation on the face of each provisional ballot envelope and determine if the person signing the affirmation is registered to vote in this state and legally entitled to vote the ballot that the person voted.
(b) If the election officer determines that the person is not registered to vote in this state or is not legally entitled to vote the ballot that the person voted, the election officer shall retain the ballot envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to produce or count it.
(c) If the election officer determines that the person is registered to vote in this state and is legally entitled to vote the ballot that the person voted, the election officer shall remove the ballot from the provisional ballot envelope and place the ballot with the absentee ballots to be counted with those ballots at the canvass.
(d) The election officer may not count, or allow to be counted a provisional ballot unless the person's identity and residence is established by a preponderance of the evidence.
(3) If the election officer determines that the person is registered to vote in this state, the election officer shall ensure that the voter registration records are updated to reflect the information provided on the provisional ballot envelope.
(4) If the election officer determines that the person is not registered to vote in this state and the information on the provisional ballot envelope is complete, the election officer shall:
(a) consider the provisional ballot envelope a voter registration form; and
(b) register the person.