20A-3a-301.  Emergency ballots.

(1)  As used in this section, “hospitalized voter” means a registered voter who:

Terms Used In Utah Code 20A-3a-301

  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Election officer: means :
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102
  • Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • Voter: means an individual who:
    (a) meets the requirements for voting in an election;
    (b) meets the requirements of election registration;
    (c) is registered to vote; and
    (d) is listed in the official register book. See Utah Code 20A-1-102
    (a)  is hospitalized or otherwise confined to a medical or long-term care institution;

    (b)  does not have a manual ballot in the voter’s immediate possession;

    (c)  is able to vote a manual ballot; and

    (d)  is not able to acquire a manual ballot without the assistance of another individual.
  • (2)  A hospitalized voter may, in accordance with this section, obtain a manual ballot to use as an emergency ballot and vote at any time after the election officer mails manual ballots to the majority of voters and before the close of polls on election day.

    (3) 

    (a)  Any individual may obtain an emergency ballot application, a manual ballot, and a manual ballot envelope from the election officer on behalf of a hospitalized voter by requesting a ballot and application in person at the election officer’s office during business hours.

    (b)  The election officer shall require the individual to sign a statement identifying the individual and the hospitalized voter.

    (4)  To vote, the hospitalized voter shall complete the emergency ballot application, complete and sign the affidavit on the manual ballot envelope, mark the voter’s votes on the manual ballot, place the manual ballot into the envelope, and seal the envelope unless a different method is authorized under Section 20A-1-308.

    (5)  To be counted, the emergency voter application and the sealed manual ballot envelope must be returned to the election officer’s office in accordance with the requirements of this chapter.

    Renumbered and Amended by Chapter 31, 2020 General Session