20A-5-303.  Establishing, dividing, abolishing, and changing voting precincts — Common polling places — Combined voting precincts.

(1) 

Terms Used In Utah Code 20A-5-303

  • County legislative body: means :Utah Code 68-3-12.5
  • 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
  • Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. See Utah Code 20A-1-102
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
(a)  After receiving recommendations from the county clerk, the county legislative body may establish, divide, abolish, and change voting precincts.

(b)  Within 30 days after the establishment, division, abolition, or change of a voting precinct under this section, the county legislative body shall file with the Utah Geospatial Resource Center, created under Section 63A-16-505, a notice describing the action taken and specifying the resulting boundaries of each voting precinct affected by the action.

(2) 

(a)  The county legislative body shall alter or divide voting precincts so that each voting precinct contains not more than 1,250 active voters.

(b)  The county legislative body shall:

(i)  identify those precincts that may reach the limit of active voters in a precinct under Subsection (2)(a) or that becomes too large to facilitate the election process; and

(ii)  except as provided by Subsection (3), divide those precincts on or before January 1 of a general election year.

(3)  A county legislative body shall divide a precinct identified under Subsection (2)(b)(i) on or before January 31 of a regular general election year that immediately follows the calendar year in which the Legislature divides the state into districts in accordance with Utah Constitution, Article IX, Section 1.

(4)  Notwithstanding Subsection (2)(a) and except as provided by Subsection (5), the county legislative body may not:

(a)  establish or abolish any voting precinct after January 1 of a regular general election year;

(b)  alter or change the boundaries of any voting precinct after January 1 of a regular general election year; or

(c)  establish, divide, abolish, alter, or change a voting precinct between January 1 of a year immediately preceding the year in which an enumeration is required by the United States Constitution and the day on which the Legislature divides the state into districts in accordance with Utah Constitution, Article IX, Section 1.

(5)  A county legislative body may establish, divide, abolish, alter, or change a voting precinct on or before January 31 of a regular general election year that immediately follows the calendar year in which the Legislature divides the state into districts in accordance with Utah Constitution, Article IX, Section 1.

(6) 

(a)  For the purpose of voting in an election, the county legislative body may establish a common polling place for two or more whole voting precincts.

(b)  At least 90 days before the election, the county legislative body shall designate:

(i)  the voting precincts that will vote at the common polling place; and

(ii)  the location of the common polling place.

(c)  A county may use one set of election judges for the common polling place under this Subsection (6).

(7)  Each county shall have at least two polling places open for voting on the date of the election.

(8)  Each common polling place shall have at least one voting device that is accessible for individuals with disabilities in accordance with Public Law 107-252, the Help America Vote Act of 2002.

Amended by Chapter 162, 2021 General Session
Amended by Chapter 345, 2021 General Session

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