20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box — Disposition — Notice.
(1)
This section governs ballots returned by mail or via a ballot drop box.
Terms Used In Utah Code 20A-3a-401
Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
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
Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. 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;
Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102
Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102
Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
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
Valid voter identification: means :
(a)
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
Poll workers shall open return envelopes containing manual ballots that are in the custody of the poll workers in accordance with this section.
(b)
The poll workers shall, first, compare the signature of the voter on the affidavit of the return envelope to the signature of the voter in the voter registration records.
(3)
After complying with Subsection (2), the poll workers shall determine whether:
(a)
the signatures correspond;
(b)
the affidavit is sufficient;
(c)
the voter is registered to vote in the correct precinct;
(d)
the voter’s right to vote the ballot has been challenged;
(e)
the voter has already voted in the election;
(f)
the voter is required to provide valid voter identification; and
(g)
if the voter is required to provide valid voter identification, whether the voter has provided valid voter identification.
(4)
(a)
The poll workers shall take the action described in Subsection (4)(b) if the poll workers determine:
(i)
in accordance with the rules made under Subsection (11):
(A)
that the signature on the affidavit of the return envelope is reasonably consistent with the individual’s signature in the voter registration records; or
(B)
for an individual who checks the box described in Subsection (5)(c)(v), that the signature is verified by alternative means;
(ii)
that the affidavit is sufficient;
(iii)
that the voter is registered to vote in the correct precinct;
(iv)
that the voter’s right to vote the ballot has not been challenged;
(v)
that the voter has not already voted in the election; and
(vi)
for a voter required to provide valid voter identification, that the voter has provided valid voter identification.
(b)
If the poll workers make all of the findings described in Subsection (4)(a), the poll workers shall:
(i)
remove the manual ballot from the return envelope in a manner that does not destroy the affidavit on the return envelope;
(ii)
ensure that the ballot does not unfold and is not otherwise examined in connection with the return envelope; and
(iii)
place the ballot with the other ballots to be counted.
(c)
If the poll workers do not make all of the findings described in Subsection (4)(a), the poll workers shall:
(i)
disallow the vote;
(ii)
without opening the return envelope, record the ballot as “rejected” and state the reason for the rejection; and
(iii)
place the return envelope, unopened, with the other rejected return envelopes.
(5)
(a)
If the poll workers reject an individual’s ballot because the poll workers determine, in accordance with rules made under Subsection (11), that the signature on the return envelope is not reasonably consistent with the individual’s signature in the voter registration records, the election officer shall:
(i)
contact the individual in accordance with Subsection (6); and
(ii)
inform the individual:
(A)
that the individual’s signature is in question;
(B)
how the individual may resolve the issue; and
(C)
that, in order for the ballot to be counted, the individual is required to deliver to the election officer a correctly completed affidavit, provided by the county clerk, that meets the requirements described in Subsection (5)(c).
(b)
The election officer shall ensure that the notice described in Subsection (5)(a) includes:
(i)
when communicating the notice by mail, a printed copy of the affidavit described in Subsection (5)(c) and a courtesy reply envelope;
(ii)
when communicating the notice electronically, a link to a copy of the affidavit described in Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
(iii)
when communicating the notice by phone, either during a direct conversation with the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in Subsection (5)(c), either in person from the clerk’s office, by mail, or electronically.
(c)
An affidavit described in Subsection (5)(a)(ii)(C) shall include:
(i)
an attestation that the individual voted the ballot;
(ii)
a space for the individual to enter the individual’s name, date of birth, and driver license number or the last four digits of the individual’s social security number;
(iii)
a space for the individual to sign the affidavit;
(iv)
a statement that, by signing the affidavit, the individual authorizes the lieutenant governor’s and county clerk’s use of the individual’s signature on the affidavit for voter identification purposes; and
(v)
a check box accompanied by language in substantially the following form: “I am a voter with a qualifying disability under the Americans with Disabilities Act that impacts my ability to sign my name consistently. I can provide appropriate documentation upon request. To discuss accommodations, I can be contacted at __________________”.
(d)
In order for an individual described in Subsection (5)(a) to have the individual’s ballot counted, the individual shall deliver the affidavit described in Subsection (5)(c) to the election officer.
(e)
An election officer who receives a signed affidavit under Subsection (5)(d) shall immediately:
(i)
scan the signature on the affidavit electronically and keep the signature on file in the statewide voter registration database developed under Section 20A-2-502;
(ii)
if the election officer receives the affidavit no later than 5 p.m. three days before the day on which the canvass begins, count the individual’s ballot; and
(iii)
if the check box described in Subsection (5)(c)(v) is checked, comply with the rules described in Subsection (11)(c).
(6)
(a)
The election officer shall, within two business days after the day on which an individual’s ballot is rejected, notify the individual of the rejection and the reason for the rejection, by phone, mail, email, or SMS text message, unless:
(i)
the ballot is cured within one business day after the day on which the ballot is rejected; or
(ii)
the ballot is rejected because the ballot is received late or for another reason that cannot be cured.
(b)
If an individual’s ballot is rejected for a reason described in Subsection (6)(a)(ii), the election officer shall notify the individual of the rejection and the reason for the rejection by phone, mail, email, or SMS text message, within the later of:
(i)
30 days after the day of the rejection; or
(ii)
30 days after the day of the election.
(c)
The election officer may, when notifying an individual by phone under this Subsection (6), use auto-dial technology.
(7)
An election officer may not count the ballot of an individual whom the election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days before the day on which the canvass begins, the election officer:
(a)
receives a signed affidavit from the individual under Subsection (5); or
(b)
(i)
contacts the individual;
(ii)
if the election officer has reason to believe that an individual, other than the voter to whom the ballot was sent, signed the ballot affidavit, informs the individual that it is unlawful to sign a ballot affidavit for another person, even if the person gives permission;
(iii)
verifies the identity of the individual by:
(A)
requiring the individual to provide at least two types of personal identifying information for the individual;
(B)
comparing the information provided under Subsection (7)(b)(iii)(A) to records relating to the individual that are in the possession or control of an election officer; and
(iv)
documenting the verification described in Subsection (7)(b)(iii), by recording:
(A)
the name and voter identification number of the individual contacted;
(B)
the name of the individual who conducts the verification;
(C)
the date and manner of the communication;
(D)
the type of personal identifying information provided by the individual;
(E)
a description of the records against which the personal identifying information provided by the individual is compared and verified; and
(F)
other information required by the lieutenant governor.
(8)
The election officer shall:
(a)
retain and preserve the return envelopes in the manner provided by law for the retention and preservation of ballots voted at that election;
(b)
retain and preserve the documentation described in Subsection (7)(b)(iv); and
(c)
if the election officer complies with Subsection (8)(b) by including the documentation in the voter’s voter registration record, make, retain, and preserve a record of the name and voter identification number of each voter contacted under Subsection (7)(b).
(9)
(a)
The election officer shall record the following in the database used to verify signatures:
(i)
any initial rejection of a ballot under Subsection (4)(c), within one business day after the day on which the election officer rejects the ballot; and
(ii)
any resolution of a rejection of a ballot under Subsection (7), within one business day after the day on which the ballot rejection is resolved.
(b)
An election officer shall include, in the canvass report, a final report of the disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
(i)
the number of ballots rejected because the voter did not sign the voter’s ballot; and
(ii)
the number of ballots rejected because the voter’s signatures on the ballot, and in records on file, do not correspond.
(10)
Willful failure to comply with this section constitutes willful neglect of duty under Section 20A-5-701.
criteria and processes for use by poll workers in determining if a signature corresponds with the signature on file for the voter under Subsections (3)(a) and (4)(a)(i)(A);
(b)
training and certification requirements for election officers and employees of election officers regarding the criteria and processes described in Subsection (11)(a); and
(c)
in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Secs. 12131 through 12165, an alternative means of verifying the identity of an individual who checks the box described in Subsection (5)(c)(v).
(12)
If, in response to a request, and in accordance with the requirements of law, an election officer discloses the name or address of voters whose ballots have been rejected and not yet resolved, the election officer shall:
(a)
make the disclosure within two business days after the day on which the request is made;
(b)
respond to each request in the order the requests were made; and
(c)
make each disclosure in a manner, and within a period of time, that does not reflect favoritism to one requestor over another.
Amended by Chapter 56, 2023 General Session Amended by Chapter 106, 2023 General Session Amended by Chapter 106, 2023 General Session, (Coordination Clause) Amended by Chapter 297, 2023 General Session Amended by Chapter 406, 2023 General Session
