For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall:
Terms Used In Utah Code 20A-5-802
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
Election Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. See Utah Code 20A-1-102
Election officer: means :
(a)
the lieutenant governor, for all statewide ballots and elections;
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.
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
United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment’s functions accurately;
(b)
develop and implement a procedure to protect the physical security of the voting equipment; and
(c)
ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.
(2)
(a)
Except as provided in Subsection (2)(b)(ii):
(i)
the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that:
(A)
are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and
(B)
meet the requirements of Subsection (2)(a)(ii);
(ii)
the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system:
(A)
is accurate and reliable;
(B)
possesses established and maintained access controls;
(C)
has not been fraudulently manipulated or tampered with;
(D)
is able to identify fraudulent or erroneous changes to the voting equipment; and
(E)
protects the secrecy of a voter‘s ballot; and
(iii)
The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by:
(A)
the United StatesElection Assistance Commission; or
(B)
a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.
(b)
(i)
Voting equipment used in the state may include technology that allows for ranked-choice voting.
(ii)
The lieutenant governor may, for voting equipment used for ranked-choice voting under 6, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.
