20A-2-504.  Removing names from the official register — General requirements.

(1)  The county clerk may not remove a voter‘s name from the official register solely because the voter has failed to vote in an election.

Terms Used In Utah Code 20A-2-504

  • 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
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Official register: means the official record furnished to election officials by the election officer that contains the information required by Section 20A-5-401. See Utah Code 20A-1-102
  • Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. 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
  • 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
  • Writing: includes :Utah Code 68-3-12.5
  • (2)  The county clerk shall remove a voter’s name from the official register if:

    (a)  the voter dies and the requirements of Subsection (3) are met;

    (b)  the county clerk, after complying with the requirements of Section 20A-2-505, receives written confirmation from the voter that the voter no longer resides within the county clerk’s county;

    (c) 

    (i)  the county clerk obtains evidence that the voter’s residence has changed;

    (ii)  the county clerk mails notice to the voter as required under Section 20A-2-505;

    (iii)  the county clerk:

    (A)  receives no response from the voter; or

    (B)  does not receive information that confirms the voter’s residence; and

    (iv)  the voter does not vote or appear to vote in an election during the period beginning on the date of the notice described in Section 20A-2-505 and ending on the day after the date of the second regular general election occurring after the date of the notice;

    (d)  the voter requests, in writing, that the voter’s name be removed from the official register;

    (e)  the county clerk receives notice that a voter has been convicted of any felony or a misdemeanor for an offense under this title and the voter’s right to vote has not been restored as provided in Section 20A-2-101.3 or 20A-2-101.5; or

    (f)  the county clerk receives notice that a voter has registered to vote in another state after the day on which the voter registered to vote in this state.

    (3)  The county clerk shall remove a voter’s name from the official register within five business days after the day on which the county clerk receives confirmation from the Office of Vital Records that the voter is deceased.

    (4)  No later than 90 days before each primary and general election, the county clerk shall update the official register by reviewing the official register and taking the actions permitted or required by law under this section, Section 20A-2-503, and Section 20A-2-505.

    Renumbered and Amended by Chapter 297, 2023 General Session