20A-1-605.  Mutilating certificate of nomination — Forging declination or resignation — Tampering with ballots.

(1)  It is unlawful for any person to:

Attorney's Note

Under the Utah Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
class A misdemeanorup to 364 daysup to $2,500
For details, see Utah Code § 76-3-204

Terms Used In Utah Code 20A-1-605

  • 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
  • Official endorsement: means the information on the ballot that identifies:
    (a) the ballot as an official ballot;
    (b) the date of the election; and
    (c) 
    (i) for a ballot prepared by an election officer other than a county clerk, the facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
    (ii) for a ballot prepared by a county clerk, the words required by Subsection 20A-6-301(1)(b)(iii). See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • (a)  falsely mark or willfully deface or destroy:

    (i)  any certificate of nomination or any part of a certificate of nomination; or

    (ii)  any letter of declination or resignation;

    (b)  file any certificate of nomination or letter of declination or resignation knowing it, or any part of it, to be falsely made;

    (c)  suppress any certificate of nomination, or letter of declination or resignation, or any part of a certificate of nomination or letter of declination or resignation that has been legally filed;

    (d)  forge any letter of declination or resignation;

    (e)  falsely make the official endorsement on any ballot;

    (f)  willfully destroy or deface any ballot;

    (g)  willfully delay the delivery of any ballots;

    (h)  examine any ballot offered or cast at the polls or found in any ballot box or ballot drop box for any purpose other than to determine which candidate was elected; and

    (i)  make or place any mark or device on any ballot in order to determine the name of any person for whom the elector has voted.

    (2)  In addition to the penalties established in Subsections 20A-1-609(2) and (3), any person convicted of any of the offenses established by this section is guilty of a class A misdemeanor.

    Amended by Chapter 31, 2020 General Session