20A-3a-805. Challenges to a voter‘s eligibility at polling place — Procedure.
(1)
Terms Used In Utah Code 20A-3a-805
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
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
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
Watcher: means an individual who complies with the requirements described in Section 20A-3a-801 to become a watcher for an election. See Utah Code 20A-1-102
(a)
A poll worker, a watcher, or an individual who resides in the jurisdiction to which the election relates may, at a polling place, challenge an individual’s eligibility to vote a particular ballot or to vote in that election if:
(i)
the individual making the challenge and the challenged individual are both present at the polling place at the time the challenge is made; and
(ii)
the challenge is made before the challenged individual applies for a ballot.
(b)
An individual may make a challenge by orally stating the challenged individual’s name and the basis for the challenge, as provided under Section 20A-3a-803.
(2)
The poll worker shall record a challenge in the official register or on the challenge sheets in the pollbook, including:
(a)
the name of the challenged individual;
(b)
the name of the individual making the challenge; and
(c)
the basis upon which the challenge is made.
(3)
If an individual’s eligibility to vote is challenged under this section, the poll worker shall follow the procedures and requirements of Section 20A-3a-205.
Renumbered and Amended by Chapter 31, 2020 General Session
