20A-3a-402. Custody of ballots voted at a polling place — Disposition — Counting ballots — Release of tally.
(1)
Terms Used In Utah Code 20A-3a-402
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
Counting center: means one or more locations selected by the election officer in charge of the election for the automatic counting of ballots. 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;
the election officer shall deliver all return envelopes containing valid ballots and valid provisional ballots that are in the election officer‘s custody to the counting center before noon on the day of the official canvass following the election;
(c)
valid ballots, including valid provisional ballots, may be processed and counted:
(i)
by the election officer, or poll workers acting under the supervision of the election officer, before the date of the canvass; and
(ii)
at the canvass, by the election officer or poll workers, acting under the supervision of the official canvassers of the election;
(d)
when processing ballots, the election officer and poll workers shall comply with the procedures and requirements of Section 20A-3a-401 in opening envelopes, verifying signatures, confirming eligibility of the ballots, and depositing ballots in preparation for counting; and
(e)
all valid ballots, including valid provisional ballots have been deposited, the ballots shall be counted in the usual manner.
(2)
(a)
After the polls close on the date of the election, the election officer shall publicly release the results of all ballots, including provisional ballots, that have been counted on or before the date of the election.
(b)
Except as provided in Subsection (2)(c), on each day, beginning on the day after the date of the election and ending on the day before the date of the canvass, the election officer shall publicly release the results of all ballots, including provisional ballots, counted on that day.
(c)
(i)
If complying with Subsection (2)(b) on a particular day will likely result in disclosing a vote cast by an individual voter, the election officer shall request permission from the lieutenant governor to delay compliance for the minimum number of days necessary to protect against disclosure of the voter’s vote.
(ii)
The lieutenant governor shall grant a request made under Subsection (2)(c)(i) if the lieutenant governor finds that the delay is necessary to protect against disclosure of a voter’s vote.
(d)
On the date of the canvass, the election officer shall provide a tally of all ballots, including provisional ballots, counted, and the resulting tally shall be added to the official canvass of the election.
