20A-3a-803.  Challenges to a voter‘s eligibility — Basis for challenge — Procedures.

(1)  An individual may challenge another individual’s eligibility to vote on any of the following grounds:

Terms Used In Utah Code 20A-3a-803

  • 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
  • Person: means :Utah Code 68-3-12.5
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
  • Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
  • Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
  • United States: includes each state, district, and territory of the United States of America. 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
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
  • (a)  the individual is not the individual in whose name the individual tries to vote;

    (b)  the individual is not a resident of Utah;

    (c)  the individual is not a citizen of the United States;

    (d)  the individual has not or will not have resided in Utah for 30 days immediately before the date of the election;

    (e)  the individual’s principal place of residence is not in the voting precinct that the individual claims;

    (f)  the individual’s principal place of residence is not in the geographic boundaries of the election area;

    (g)  the individual has already voted in the election;

    (h)  the individual is not at least the minimum age required to vote in the election;

    (i)  the individual has been convicted of a misdemeanor for an offense under this title and the individual’s right to vote in an election has not been restored under Section 20A-2-101.3;

    (j)  the individual is a convicted felon and the voter’s right to vote in an election has not been restored under Section 20A-2-101.5; or

    (k)  in a regular primary election or presidential primary election, the individual does not meet the political party affiliation requirements for the ballot the individual seeks to vote.

    (2)  An individual who challenges another individual’s right to vote in an election shall make the challenge in accordance with:

    (a)  Section 20A-3a-804, for a challenge that is not made in person at the time an individual votes; or

    (b)  Section 20A-3a-805, for challenges made in person at the time an individual votes.

    Renumbered and Amended by Chapter 31, 2020 General Session