There is a newer version
of
this Section
2019 Utah Code
Title 20A - Election Code
Chapter 3 - Voting
Part 3 - Absentee Voting
Section 302 - Conducting election by absentee ballot.
Universal Citation: UT Code § 20A-3-302 (2019)
Effective 5/14/2019
20A-3-302. Conducting election by absentee ballot.
Amended by Chapter 255, 2019 General Session
20A-3-302. Conducting election by absentee ballot.
- (1)
- (a) Notwithstanding Section 17B-1-306, an election officer may administer an election by absentee ballot under this section.
- (b) An election officer who administers an election by absentee ballot, except for an election conducted under Section 20A-7-609.5, shall, before the following dates, notify the lieutenant governor that the election will be administered by absentee ballot:
- (i) February 1 of an even-numbered year if the election is a regular general election; or
- (ii) May 1 of an odd-numbered year if the election is a municipal general election.
- (2) An election officer who administers an election by absentee ballot:
- (a) shall mail to each active voter within a voting precinct:
- (i) an absentee ballot;
- (ii) for an election administered by a county clerk, information regarding the location and hours of operation of any election day voting center at which the voter may vote;
- (iii) a courtesy reply mail envelope;
- (iv) instructions for returning the ballot that include an express notice about any relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
- (v) for an election administered by an election officer other than a county clerk, if the election officer does not operate a polling location or an election day voting center, a warning, on a separate page of colored paper in bold face print, indicating that if the voter fails to follow the instructions included with the absentee ballot, the voter will be unable to vote in that election because there will be no polling place in the voting precinct on the day of the election; and
- (b) may not mail an absentee ballot under this section to:
- (i) an inactive voter; or
- (ii) a voter whom the election officer is prohibited from sending an absentee ballot under Subsection (8)(c)(ii).
- (a) shall mail to each active voter within a voting precinct:
- (3) A voter who votes by absentee ballot under this section is not required to apply for an absentee ballot as required by this part.
- (4) An election officer who administers an election by absentee ballot shall:
- (a)
- (i) obtain, in person, the signatures of each voter within that voting precinct before the election; or
- (ii) obtain the signature of each voter within the voting precinct from the county clerk; and
- (b) maintain the signatures on file in the election officer's office.
- (a)
- (5) Upon receipt of a returned absentee ballot, the election officer shall review and process the ballot under Section 20A-3-308.
- (6) A county that administers an election by absentee ballot:
- (a) shall provide at least one election day voting center in accordance with Chapter 3, Part 7, Election Day Voting Center, for every 5,000 active voters in the county who will not receive an absentee ballot, but not fewer than one election day voting center;
- (b) shall ensure that each election day voting center operated by the county has at least one voting device that is accessible, in accordance with the Help America Vote Act of 2002, Pub. L. No. 107-252, for individuals with disabilities;
- (c) may reduce the early voting period described in Section 20A-6-301, if:
- (i) the county clerk conducts early voting on at least four days;
- (ii) the early voting days are within the period beginning on the date that is 14 days before the date of the election and ending on the day before the election; and
- (iii) the county clerk provides notice of the reduced early voting period in accordance with Section 20A-3-604;
- (d) is not required to pay return postage for an absentee ballot; and
- (e) is subject to an audit conducted under Subsection (7).
- (7)
- (a) The lieutenant governor shall:
- (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in an election conducted under this section; and
- (ii) after each primary, general, or special election conducted under this section, select a number of ballots, in varying jurisdictions, to audit in accordance with the procedures developed under Subsection (7)(a)(i).
- (b) The lieutenant governor shall post the results of an audit conducted under this Subsection (7) on the lieutenant governor's website.
- (a) The lieutenant governor shall:
- (8)
- (a) An individual in a jurisdiction that conducts an election by absentee ballot may request that the election officer not send the individual a ballot by mail in the next and subsequent elections by submitting a written request to the election officer.
- (b) An individual shall submit the request described in Subsection (8)(a) to the election officer before 5 p.m. no later than 60 days before an election if the individual does not wish to receive an absentee ballot in that election.
- (c) An election officer who receives a request from an individual under Subsection (8)(a):
- (i) shall remove the individual's name from the list of voters who will receive an absentee ballot; and
- (ii) may not send the individual an absentee ballot for:
- (A) the next election, if the individual submits the request described in Subsection (8)(a) before the deadline described in Subsection (8)(b); or
- (B) an election after the election described in Subsection (8)(c)(ii)(A).
- (d) An individual who submits a request under Subsection (8)(a) may resume the individual's receipt of an absentee ballot in an election conducted under this section by filing an absentee ballot request under Section 20A-3-304.
Amended by Chapter 255, 2019 General Session
Disclaimer: These codes may not be the most recent version. Utah may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
