20A-1-105. Chief election officer of the state — Duties, authority, and enforcement.
(1)
The lieutenant governor:
Terms Used In Utah Code 20A-1-105
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;
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
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
is responsible to oversee, and generally supervise, all elections and functions relating to elections in the state; and
(c)
shall enforce compliance by election officers with all legal requirements relating to elections, including:
(i)
Public Law 103-31, the National Voter Registration Act of 1993;
(ii)
Public Law 107-252, the Help America Vote Act of 2002;
(iii)
all other applicable provisions of federal law and rule relating to elections;
(iv)
state law relating to elections;
(v)
the requirements of this title; and
(vi)
rules made under this title.
(2)
To the extent that the lieutenant governor determines the following is useful in fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
(a)
full access to closely observe, examine, and copy all records, documents, recordings, and other information in the custody or control of an election officer or a board of canvassers;
(b)
full access to closely observe, examine, and copy all voter registration records, ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the custody or control of an election officer or a board of canvassers;
(c)
full access to closely observe and examine all facilities, storage areas, and equipment, and to closely observe, examine, or copy all materials, in the custody or control of an election officer or a board of canvassers;
(d)
full access to all staff, including full-time, part-time, and volunteer staff of an election officer or a board of canvassers;
(e)
full access to closely observe, examine, and copy all records and information relating to election audits that are conducted, directed, or commissioned by a county clerk;
(f)
the right to attend any meeting, including a closed meeting, relating to a matter within the scope of authority or responsibility of the lieutenant governor described in this chapter or Subsection 67-1a-2(2); and
(g)
the right to closely observe and examine any work or other process relating to a matter within the scope of authority or responsibility of the lieutenant governor described in this chapter or Subsection 67-1a-2(2).
(3)
An election officer shall fully assist, and cooperate with, the lieutenant governor in:
(a)
fulfillment, by the lieutenant governor, of the responsibilities described in Subsection (1); and
(b)
obtaining the access and exercising the rights described in Subsection (2).
(4)
If the lieutenant governor determines that an election officer is in violation of a law or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the violation and bring the election officer into compliance with the law or rule:
(a)
shall consult with the election officer; and
(b)
may provide training and other assistance to the election officer to the extent the lieutenant governor determines warranted.
(5)
If a violation continues after the lieutenant governor complies with Subsection (4)(a), the lieutenant governor shall issue a written order to the election officer that:
(a)
describes the violation;
(b)
describes the action taken under Subsection (4) to remedy the violation and bring the election officer into compliance with the law or rule;
(c)
directs the election officer to remedy and cease the violation;
(d)
describes the specific actions the election officer must take to comply with the order;
(e)
states the deadline for the election officer to comply with the order; and
(f)
describes the actions the election officer must take to verify compliance with the order.
(6)
(a)
An order described in Subsection (5) has the force of law.
(b)
An election officer shall fully comply with an order described in Subsection (5) unless the election officer obtains a court order rescinding or modifying the order in accordance with Subsections (7) through (9).
(7)
An election officer desiring to seek a court order described in Subsection (6) shall file an action seeking a court order within 10 days after the day on which the lieutenant governor issues the order described in Subsection (5).
(8)
A court may not rescind or modify an order described in Subsection (5) unless, and only to the extent that:
(a)
the order is arbitrary or capricious;
(b)
the court finds that the violation alleged by the lieutenant governor did not occur; or
(c)
the court determines that the violation alleged by the lieutenant governor is not a violation of law or rule.
(9)
An election officer who files an action described in Subsection (7) has the burden of proof.
(10)
This section does not prohibit the lieutenant governor from bringing a legal action, at any time, to compel an election officer to comply with the law and rules described in Subsection (1).
