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2022 Utah Code
Title 20A - Election Code
Chapter 3a - Voting
Part 2 - Voting Procedures
Section 202 - Conducting election by mail.
Universal Citation: UT Code § 20A-3a-202 (2022)
Effective 1/1/2023
20A-3a-202. Conducting election by mail.
Amended by Chapter 18, 2022 General Session
Amended by Chapter 121, 2022 General Session
Amended by Chapter 156, 2022 General Session
20A-3a-202. Conducting election by mail.
- (1)
- (a) Except as otherwise provided for an election conducted entirely by mail under Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in accordance with this section.
- (b) An individual who did not provide valid voter identification at the time the voter registered to vote shall provide valid voter identification before voting.
- (2) An election officer who administers an election:
- (a) shall in accordance with Subsection (3), no sooner than 21 days before election day and no later than seven days before election day, mail to each active voter within a voting precinct:
- (i) a manual ballot;
- (ii) a return envelope;
- (iii) 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;
- (iv) 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 or a website address where the voter may view this information;
- (v) for an election administered by an election officer other than a county clerk, if the election officer does not operate a polling place 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 ballot, the voter will be unable to vote in that election because there will be no polling place for the voting precinct on the day of the election; and
- (vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
- (b) may not mail a ballot under this section to:
- (i) an inactive voter, unless the inactive voter requests a manual ballot; or
- (ii) a voter whom the election officer is prohibited from sending a ballot under Subsection (10)(c)(ii); and
- (c) shall, on the outside of the envelope in which the election officer mails the ballot, include instructions for returning the ballot if the individual to whom the election officer mails the ballot does not live at the address to which the ballot is sent.
- (a) shall in accordance with Subsection (3), no sooner than 21 days before election day and no later than seven days before election day, mail to each active voter within a voting precinct:
- (3)
- (a) An election officer who mails a manual ballot under Subsection (2) shall mail the manual ballot to the address:
- (i) provided at the time of registration; or
- (ii) if, at or after the time of registration, the voter files an alternate address request form described in Subsection (3)(b), the alternate address indicated on the form.
- (b) The lieutenant governor shall make available to voters an alternate address request form that permits a voter to request that the election officer mail the voter's ballot to a location other than the voter's residence.
- (c) A voter shall provide the completed alternate address request form to the election officer no later than 11 days before the day of the election.
- (a) An election officer who mails a manual ballot under Subsection (2) shall mail the manual ballot to the address:
- (4) The return envelope shall include:
- (a) the name, official title, and post office address of the election officer on the front of the envelope;
- (b) a space where a voter may write an email address and phone number by which the election officer may contact the voter if the voter's ballot is rejected;
- (c) a printed affidavit in substantially the following form:
"County of ____State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon currently incarcerated for commission of a felony.
______________________________
Signature of Voter"; and
- (d) a warning that the affidavit must be signed by the individual to whom the ballot was sent and that the ballot will not be counted if the signature on the affidavit does not match the signature on file with the election officer of the individual to whom the ballot was sent.
- (5) If the election officer determines that the voter is required to show valid voter identification, the election officer may:
- (a) mail a ballot to the voter;
- (b) instruct the voter to include a copy of the voter's valid voter identification with the return ballot; and
- (c) provide instructions to the voter on how the voter may sign up to receive electronic ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
- (6) An election officer who administers an election shall:
- (a)
- (i) before the election, obtain the signatures of each voter qualified to vote in 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)
- (7) Upon receipt of a returned ballot, the election officer shall review and process the ballot under Section 20A-3a-401.
- (8) A county that administers an election:
- (a) shall provide at least one election day voting center in accordance with Chapter 3a, Part 7, Election Day Voting Center, and at least one additional election day voting center for every 5,000 active voters in the county who have requested to not receive a ballot by mail;
- (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-3a-601, 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-3a-604;
- (d) is not required to pay return postage for a ballot; and
- (e) is subject to an audit conducted under Subsection (9).
- (9)
- (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 (9)(a)(i).
- (b) The lieutenant governor shall post the results of an audit conducted under this Subsection (9) on the lieutenant governor's website.
- (a) The lieutenant governor shall:
- (10)
- (a) An individual 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 (10)(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 a ballot by mail in that election.
- (c) An election officer who receives a request from an individual under Subsection (10)(a):
- (i) shall remove the individual's name from the list of voters who will receive a ballot by mail; and
- (ii) may not send the individual a ballot by mail for:
- (A) the next election, if the individual submits the request described in Subsection (10)(a) before the deadline described in Subsection (10)(b); or
- (B) an election after the election described in Subsection (10)(c)(ii)(A).
- (d) An individual who submits a request under Subsection (10)(a) may resume the individual's receipt of a ballot by mail by submitting a written request to the election officer.
Amended by Chapter 18, 2022 General Session
Amended by Chapter 121, 2022 General Session
Amended by Chapter 156, 2022 General Session
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