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2019 Utah Code
Title 20A - Election Code
Chapter 3 - Voting
Part 3 - Absentee Voting
Section 304 - Application for absentee ballot -- Time for filing and voting.
Universal Citation: UT Code § 20A-3-304 (2019)
Effective 5/14/2019
20A-3-304. Application for absentee ballot -- Time for filing and voting.
Amended by Chapter 255, 2019 General Session
Amended by Chapter 433, 2019 General Session
20A-3-304. Application for absentee ballot -- Time for filing and voting.
- (1)
- (a) A registered voter who wishes to vote an absentee ballot may file an absentee ballot application:
- (i) on the electronic system maintained by the lieutenant governor under Section 20A-2-206;
- (ii) with the appropriate election officer for an official absentee ballot as provided in this section; or
- (iii) by answering "yes" to the question described in Subsection 20A-2-108(2)(a) when registering to vote while filing a driver license or state identification card application.
- (b) An absentee voter may vote in person at the office of the appropriate election officer as provided in Section 20A-3-306.
- (c) A person that collects a completed absentee ballot application from a registered voter shall file the completed absentee ballot application with the appropriate election official before 5 p.m. no later than the earlier of:
- (i) 14 days after the day on which the registered voter signed the absentee ballot form; or
- (ii) the Tuesday before the next election.
- (a) A registered voter who wishes to vote an absentee ballot may file an absentee ballot application:
- (2) As it relates to an absentee ballot application to be filled out entirely by the voter:
- (a) except as provided in Subsection (2)(b), the lieutenant governor or election officer shall approve an application form for absentee ballot applications:
- (i) in substantially the following form:
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah apply for an official absentee ballot to be voted by me at the election.
Date ________ (month\day\year) Signed ___________________________
Voter"; and
- (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter status:
- (A) until the voter requests otherwise at a future date; or
- (B) until a date specified by the voter in the application form; and
- (i) in substantially the following form:
- (b) the lieutenant governor or election officer shall approve an application form for regular primary elections and for presidential primary elections:
- (i) in substantially the following form:
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah apply for an official absentee ballot for the _______________ political party to be voted by me at the primary election.
I understand that I must be affiliated with or authorized to vote the political party's ballot that I request.
Dated _________ (month\day\year) ____ Signed ___________________________
Voter"; and
- (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter status:
- (A) until the voter requests otherwise at a future date; or
- (B) until a date specified by the voter in the application form.
- (i) in substantially the following form:
- (a) except as provided in Subsection (2)(b), the lieutenant governor or election officer shall approve an application form for absentee ballot applications:
- (3) If requested by the applicant, the election officer shall:
- (a) mail or fax the application form to the absentee voter; or
- (b) deliver the application form to any voter who personally applies for the form at the office of the election officer.
- (4) As it relates to an absentee ballot application to be filled out for, and finished and signed by, a voter:
- (a) except as provided in Subsection (4)(b), the lieutenant governor or election officer shall approve an application form for absentee ballot applications:
- (i) in substantially the following form:
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah apply for an official absentee ballot to be voted by me at the election.
I understand that a person that collects this absentee ballot application is required to file it with the appropriate election official before 5 p.m. no later than the earlier of fourteen days after the day on which I sign the application or the Tuesday before the next election.
This form is provided by (insert name of person or organization).
I have verified that the information on this application is correct.
I understand that I will receive a ballot at the following address: (insert address and an adjacent check box);
OR
I request that the ballot be mailed to the following address: (insert blank space for an address and an adjacent check box).
Date ________ (month\day\year) Signed ___________________________
Voter"; and
- (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter status:
- (A) until the voter requests otherwise at a future date; or
- (B) until a date specified by the voter in the application form; and
- (i) in substantially the following form:
- (b) the lieutenant governor or election officer shall approve an application form for regular primary elections and for the presidential primary elections:
- (i) in substantially the following form:
"I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah apply for an official absentee ballot for the _______________ political party to be voted by me at the primary election.
I understand that I must be affiliated with or authorized to vote the political party's ballot that I request. I understand that a person that collects this absentee ballot application is required to file it with the appropriate election official before 5 p.m. no later than the earlier of fourteen days after the day on which I sign the application or the Tuesday before the next primary election.
This form is provided by (insert name of person or organization).
I have verified that the information on this application is correct.
I understand that I will receive a ballot at the following address: (insert address and an adjacent check box);
OR
I request that the ballot be mailed to the following address: (insert blank space for an address and an adjacent check box).
Dated _________ (month\day\year) ____ Signed ___________________________
Voter"; and
- (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter status:
- (A) until the voter requests otherwise at a future date; or
- (B) until a date specified by the voter in the application form.
- (i) in substantially the following form:
- (a) except as provided in Subsection (4)(b), the lieutenant governor or election officer shall approve an application form for absentee ballot applications:
- (5) The forms described in Subsections (2) and (4) shall contain instructions on how a voter may cancel an absentee ballot application.
- (6) Except as provided in Subsection 20A-3-306(2)(a), a voter who wishes to vote by absentee ballot shall file the application for an absentee ballot with the lieutenant governor or appropriate election officer before 5 p.m. no later than the Tuesday before election day.
- (7)
- (a) A county clerk shall establish an absentee voter list containing the name of each voter who:
- (i) requests absentee voter status; and
- (ii) meets the requirements of this section.
- (b) A county clerk may not remove a voter's name from the list described in Subsection (7)(a) unless:
- (i) the voter is no longer listed in the official register;
- (ii) the voter cancels the voter's absentee status;
- (iii) the voter's name is removed on the date specified by the voter on the absentee ballot application form; or
- (iv) the county clerk is required to remove the voter's name from the list under Subsection (7)(c) or 20A-3-302(8)(c)(ii).
- (c) A county clerk shall remove a voter's name from the list described in Subsection (7)(a) if the voter fails to vote in two consecutive regular general elections.
- (d)
- (i) Each year, the clerk shall mail a questionnaire to each voter whose name is on the absentee voter list.
- (ii) The questionnaire shall allow the voter to:
- (A) verify the voter's residence; or
- (B) cancel the voter's absentee status.
- (e) The clerk shall provide a copy of the absentee voter list to election officers for use in elections.
- (a) A county clerk shall establish an absentee voter list containing the name of each voter who:
Amended by Chapter 255, 2019 General Session
Amended by Chapter 433, 2019 General Session
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