Except as provided in Section 20A-7-609.5, a registered voter may vote at a polling place in an election in accordance with this section.
Terms Used In Utah Code 20A-3a-203
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;
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
Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102
a form of identification that bears the name and photograph of the voter which may include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iii)
a currently valid Utah permit to carry a concealed weapon;
(iv)
a currently valid United States passport; or
(v)
a currently valid United States military identification card;
(b)
one of the following identification cards, whether or not the card includes a photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
(i)
a current utility bill or a legible copy thereof, dated within the 90 days before the election;
(ii)
a bank or other financial account statement, or a legible copy thereof;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
a check issued by the state or the federal government or a legible copy thereof;
(vi)
a paycheck from the voter's employer, or a legible copy thereof;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within the state; or
The voter shall give the voter’s name, and, if requested, the voter’s residence, to one of the poll workers.
(b)
The voter shall present valid voter identification to one of the poll workers.
(c)
If the poll worker is not satisfied that the voter has presented valid voter identification, the poll worker shall:
(i)
indicate on the official register that the voter was not properly identified;
(ii)
issue the voter a provisional ballot;
(iii)
notify the voter that the voter will have until the close of normal office hours on Monday after the day of the election to present valid voter identification:
(A)
to the county clerk at the county clerk’s office; or
(B)
to an election officer who is administering the election; and
(iv)
follow the procedures and requirements of Section 20A-3a-205.
(d)
If the person‘s right to vote is challenged as provided in Section 20A-3a-803, the poll worker shall follow the procedures and requirements of Section 20A-3a-205.
(3)
A poll worker shall check the official register to determine whether:
(a)
a voter is registered to vote; and
(b)
if the election is a regular primary election or a presidential primary election, whether a voter’s party affiliation designation in the official register allows the voter to vote the ballot that the voter requests.
(4)
(a)
Except as provided in Subsection (5), if the voter’s name is not found on the official register, the poll worker shall follow the procedures and requirements of Section 20A-3a-205.
(b)
If, in a regular primary election or a presidential primary election, the official register does not affirmatively identify the voter as being affiliated with a registered political party or if the official register identifies the voter as being “unaffiliated,” the voter shall be considered to be “unaffiliated.”
(5)
In a regular primary election or a presidential primary election:
(a)
if a voter’s name is not found on the official register, and if it is not unduly disruptive to the election process, the poll worker may attempt to contact the county clerk’s office to request oral verification of the voter’s registration;
(b)
if oral verification is received from the county clerk’s office, the poll worker shall:
(i)
record the verification on the official register;
(ii)
determine the voter’s party affiliation and the ballot that the voter is qualified to vote; and
(iii)
except as provided in Subsection (6), comply with Subsection (3).
(6)
(a)
Except as provided in Subsection (6)(b), if, in a regular primary election or a presidential primary election, the voter’s political party affiliation listed in the official register does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform the voter of that fact and inform the voter of the ballot or ballots that the voter’s party affiliation does allow the voter to vote.
(b)
If, in a regular primary election or a presidential primary election, the voter is listed in the official register as unaffiliated, or if the official register does not affirmatively identify the voter as either unaffiliated or affiliated with a registered political party, and the voter, as an unaffiliated voter, is not authorized to vote the ballot that the voter requests, the poll worker shall:
(i)
ask the voter if the voter wishes to vote another registered political party ballot that the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
(ii)
(A)
if the voter wishes to vote another registered political party ballot that the unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection (3); or
(B)
if the voter wishes to remain unaffiliated and does not wish to vote another ballot that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the voter may not vote.
(7)
Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
(a)
direct the voter to sign the voter’s name in the official register;
(b)
provide to the voter the ballot that the voter is qualified to vote; and
(c)
allow the voter to enter the voting booth.
Renumbered and Amended by Chapter 31, 2020 General Session
