20A-5-410.  Election officer to provide voting history information and status.

(1)  As used in this section, “voting history record” means the information about the existence and status of absentee ballot requests required by this section.

Terms Used In Utah Code 20A-5-410

  • 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
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • 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
  • 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
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
  • (2) 

    (a)  Each election officer shall maintain, in the election officer‘s office, a voting history record of those voters registered to vote in the election officer’s jurisdiction.

    (b)  Except as it relates to a voter whose voter registration record is classified as private under Subsection 63G-2-302(1)(k), the voting history record is a public record under Title 63G, Chapter 2, Government Records Access and Management Act.

    (3) 

    (a)  When an election officer reports voting history for an election, the election officer shall, for each voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), report the following, for that election only, without disclosing the identity of the voter:

    (i)  for voting by mail, the information described in Subsection (4)(a);

    (ii)  for early voting, the date the individual voted; and

    (iii)  for voting on election day, the date the individual voted.

    (b)  In relation to the information of a voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), a report described in Subsection (3)(a) may not disclose, by itself or in conjunction with any other public information, the identity or any other personal identifying information of the voter.

    (4)  The election officer shall ensure that the voting history record for each voting precinct contains:

    (a)  for voting by mail:

    (i)  the date that the manual ballot was mailed to the voter; and

    (ii)  the date that the voted manual ballot was received by the election officer;

    (b)  for early voting:

    (i)  the name and address of each individual who participated in early voting; and

    (ii)  the date the individual voted; and

    (c)  for voting on election day, the name and address of each individual who voted on election day.

    (5) 

    (a)  Notwithstanding the time limits for response to a request for records under Section 63G-2-204 or the time limits for a request for records established in any ordinance, the election officer shall ensure that the information required by this section is recorded and made available to the public no later than one business day after its receipt in the election officer’s office.

    (b)  Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements established in any ordinance, the election officer shall make copies of the voting history record available to the public for the actual cost of production or copying.

    Amended by Chapter 248, 2022 General Session