20A-13-304.  Meeting to ballot — Casting ballot for individual not nominated by elector’s candidate or party.

(1)  The electors shall meet at the office of the lieutenant governor at the state capitol at noon of the first Wednesday of the January after their election, or at noon of any other day designated by the Congress of the United States of America.

Terms Used In Utah Code 20A-13-304

  • 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
  • Conviction: A judgement of guilt against a criminal defendant.
  • 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
  • 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
  • Vacancy: means :
(a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
(b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
(2)  After convening, the electors shall perform their duties in conformity with the United States Constitution and laws.

(3)  Any elector who casts an electoral ballot for an individual not nominated by the individual, or by the party of which the elector is an elector, except in the cases of death or felony conviction of a candidate, is considered to have resigned from the office of elector, the elector’s vote may not be recorded, and the remaining electors shall appoint another individual to fill the vacancy.

Amended by Chapter 22, 2020 General Session

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