Utah Code 20A-3a-404. Rules regarding ballot security — Affidavit of compliance

20A-3a-404. Rules regarding ballot security — Affidavit of compliance.

(1)

The director of elections within the Office of the Lieutenant Governor shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing requirements for election officials regarding ballot security, including the custody, documentation of custody, handling, processing, disposition, and tabulation of ballots.

Terms Used In Utah Code 20A-3a-404

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
Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. 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;

(b)

the county clerk for:

(i)	a county ballot and election; and

(ii)

a ballot and election as a provider election officer as provided in Section 20A-5-400. 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

(2)

Beginning in November 2022, an election officer shall include, with all election returns provided to a board of canvassers, an affidavit, signed by the election officer, certifying:

(a)	compliance with the rules described in Subsection (1); and

(b)	that the county clerk maintains the voter registration database in accordance with federal and state laws and rules.

Enacted by Chapter 156, 2022 General Session

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