20A-5-803.  Voting Equipment Selection Committee.

(1)  Before selecting or purchasing a new voting equipment system, the lieutenant governor shall:

Terms Used In Utah Code 20A-5-803

  • Committee membership: Legislators are assigned to specific committees by their party. Seniority, regional balance, and political philosophy are the most prominent factors in the committee assignment process.
  • New voting equipment system: means voting equipment that is operated in a materially different way or that functions in a materially different way than the equipment being replaced. See Utah Code 20A-5-801
  • 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
  • Voting equipment: means the following equipment used for an election:
(a) automatic tabulating equipment;
(b) a voting device; or
(c) a voting machine. See Utah Code 20A-5-801
(a)  appoint a Voting Equipment Selection Committee; and

(b)  ensure that the committee includes persons having experience in:

(i)  election procedures and administration;

(ii)  computer technology;

(iii)  data security;

(iv)  auditing; and

(v)  access for persons with disabilities.

(2)  A member may not receive compensation or benefits for the member’s service, but may receive per diem and travel expenses in accordance with:

(a)  Section 63A-3-106;

(b)  Section 63A-3-107; and

(c)  rules made by the Division of Finance pursuant to Sections 63A-3-106 and 63A-3-107.

(3)  The lieutenant governor shall select a chair from the committee membership.

(4)  The lieutenant governor may fill any vacancies that occur on the committee.

(5)  The Office of the Lieutenant Governor shall provide staffing for the committee.

(6)  The Voting Equipment Selection Committee shall:

(a)  evaluate new voting equipment systems proposed for purchase by the state; and

(b)  provide information and recommendations to assist the lieutenant governor with the purchase of new voting equipment systems.

(7)  The lieutenant governor may designate individuals, including committee members, to inspect and review proprietary software as part of an evaluation of new voting equipment systems under consideration for purchase.

(8) 

(a)  The Voting Equipment Selection Committee may establish requirements for a new voting equipment system purchased under Section 20A-5-804 through the Voting Equipment Grant Program.

(b)  A requirement established under Subsection (8)(a) is not binding unless the recommendation:

(i)  is consistent with the requirements described in Section 20A-5-804 for the Voting Equipment Grant Program; and

(ii)  specifically states that the recommendation is for voting equipment purchased through the Voting Equipment Grant Program.

(9)  Before making any selection or purchase, the lieutenant governor shall provide for a period of public review and comment on new voting equipment systems under consideration for purchase by the state.

Renumbered and Amended by Chapter 32, 2017 General Session