2023 Utah Code
Title 20A - Election Code
Chapter 5 - Election Administration
Part 8 - Voting Equipment Selection and Certification
Section 802 - Certification of voting equipment.

Universal Citation: UT Code § 20A-5-802 (2023)
Effective 3/26/2019
20A-5-802. Certification of voting equipment.
  • (1) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall:
    • (a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment's functions accurately;
    • (b) develop and implement a procedure to protect the physical security of the voting equipment; and
    • (c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.
  • (2)
    • (a) Except as provided in Subsection (2)(b)(ii):
      • (i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that:
        • (A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and
        • (B) meet the requirements of Subsection (2)(a)(ii);
      • (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system:
        • (A) is accurate and reliable;
        • (B) possesses established and maintained access controls;
        • (C) has not been fraudulently manipulated or tampered with;
        • (D) is able to identify fraudulent or erroneous changes to the voting equipment; and
        • (E) protects the secrecy of a voter's ballot; and
      • (iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by:
        • (A) the United States Election Assistance Commission; or
        • (B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.
    • (b)
      • (i) Voting equipment used in the state may include technology that allows for ranked-choice voting.
      • (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.

Amended by Chapter 305, 2019 General Session
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