There is a newer version
of
this Section
2019 Utah Code
Title 20A - Election Code
Chapter 3 - Voting
Part 3 - Absentee Voting
Section 308 - Absentee ballots in the custody of poll workers -- Disposition -- Notice.
Universal Citation: UT Code § 20A-3-308 (2019)
Effective 5/8/2018
20A-3-308. Absentee ballots in the custody of poll workers -- Disposition -- Notice.
Amended by Chapter 274, 2018 General Session
Amended by Chapter 464, 2018 General Session, (Coordination Clause)
20A-3-308. Absentee ballots in the custody of poll workers -- Disposition -- Notice.
- (1)
- (a) Voting precinct poll workers 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 poll workers 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 poll workers 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 poll worker finds that a provisional ballot envelope is enclosed, the poll worker shall:
- (i) record, in the official register, whether:
- (A) the voter included valid voter identification; or
- (B) a covered voter, as defined in Section 20A-16-102, did not provide valid voter identification as permitted by Public Law 107-252, the Help America Vote Act of 2002;
- (ii) if any type of identification was included, record the type of identification provided by the voter in the appropriate space in the official register;
- (iii) record the provisional ballot 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.
- (i) record, in the official register, whether:
- (c) If the absentee ballot is not a provisional ballot, the poll workers 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.
- (a) The poll workers shall carefully open and remove the absentee voter envelope so as not to destroy the affidavit on the envelope if they find that:
- (3) If the poll workers 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 poll workers 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.
- (5)
- (a) If the election officer rejects an individual's absentee ballot because the election officer determines that the signature on the ballot does not match the individual's signature that is maintained on file, the election officer shall contact the individual in accordance with Subsection (7) by mail, email, text message, or phone, and inform the individual:
- (i) that the individual's signature is in question;
- (ii) how the individual may resolve the issue;
- (iii) that, in order for the ballot to be counted, the individual is required to deliver to the election officer a correctly completed affidavit, provided by the county clerk, that meets the requirements described in Subsection (5)(b).
- (b) An affidavit described in Subsection (5)(a)(iii) shall include:
- (i) an attestation that the individual voted the absentee ballot;
- (ii) a space for the individual to enter the individual's name, date of birth, and driver license number or the last four digits of the individual's social security number;
- (iii) a space for the individual to sign the affidavit; and
- (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant governor's and county clerk's use of the individual's signature on the affidavit for voter identification purposes.
- (c) In order for an individual described in Subsection (5)(a) to have the individual's ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the election officer.
- (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall immediately:
- (i) scan the signature on the affidavit electronically and keep the signature on file in the statewide voter registration database developed under Section 20A-2-109; and
- (ii) if the election officer receives the affidavit no later than 5 p.m. the day before the canvass, count the individual's ballot.
- (a) If the election officer rejects an individual's absentee ballot because the election officer determines that the signature on the ballot does not match the individual's signature that is maintained on file, the election officer shall contact the individual in accordance with Subsection (7) by mail, email, text message, or phone, and inform the individual:
- (6) An election officer who rejects an individual's absentee ballot for any reason, other than the reason described in Subsection (5)(a), shall notify the individual of the rejection in accordance with Subsection (7) by mail, email, text message, or phone and specify the reason for the rejection.
- (7) An election officer who is required to give notice under Subsection (5) or (6) shall give the notice no later than:
- (a) if the election officer rejects the absentee ballot before election day:
- (i) one business day after the day on which the election officer rejects the absentee ballot, if the election officer gives the notice by email or text message; or
- (ii) two business days after the day on which the election officer rejects the absentee ballot, if the election officer gives the notice by postal mail or phone;
- (b) seven days after election day if the election officer rejects the absentee ballot on election day; or
- (c) seven days after the canvass if the election officer rejects the absentee ballot after election day and before the end of the canvass.
- (a) if the election officer rejects the absentee ballot before election day:
- (8) An election officer may not count the absentee ballot of an individual whom the election officer contacts under Subsection (5) or (6) unless the election officer receives a signed affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the individual's identity.
- (9) 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 274, 2018 General Session
Amended by Chapter 464, 2018 General Session, (Coordination Clause)
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.
