20A-16-103.  Application to elections — Voting by foreign United States citizen.

(1)  The voting procedures in this chapter apply to an election authorized by this title.

Terms Used In Utah Code 20A-16-103

  • Covered voter: means an individual who:
(a) satisfies Utah's voter eligibility requirements that do not relate to residency;
(b) is not registered to vote in a state other than Utah;
(c) is absent from the United States on the day of the election; and
(d) 
(i) is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual:
(A) is a uniformed service voter; or
(B) temporarily resides outside the United States;
(ii) is a foreign United States citizen who:
(A) before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and
(B) did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or
(iii) is a foreign United States citizen:
(A) who has never registered to vote in a state other than Utah;
(B) who has never established a principal place of residence in the United States; and
(C) whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102
  • 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
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Guardian: includes a person who:Utah Code 68-3-12.5
  • United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102
  • 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
    (2)  A covered voter who is a foreign United States citizen may only vote in a federal election and may only vote for candidates for federal office.

    (3)  A covered voter described in Subsection 20A-16-102(1)(d)(ii) shall vote in the congressional election for the district where the covered voter established the covered voter’s most recent principal place of residence in Utah.

    (4)  A covered voter described in Subsection 20A-16-102(1)(d)(iii) shall vote in the congressional election for the district where the covered voter’s parent, legal guardian, spouse, or domestic partner established the parent’s, legal guardian‘s, spouse’s, or domestic partner’s most recent United States principal place of residence in Utah.

    Amended by Chapter 215, 2023 General Session