20A-5-804. Voting Equipment Grant Program — Qualifications for receipt — Matching funds — Acceptable uses.
(1)
As used in this section:
Terms Used In Utah Code 20A-5-804
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
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:
creates a secure and auditable paper record of each vote; and
(iii)
complies with any additional binding requirement made under Subsection 20A-5-803(8) by the Voting Equipment Selection Committee;
(b)
shall, for the purpose of purchasing a new voting equipment system, appropriate matching funds equal to or greater than the difference of:
(i)
the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); and
(ii)
the amount the lieutenant governor is required to disburse to the county under Subsection (7)(a);
(c)
may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
(d)
except as provided in Subsection (5), may not, after using a new voting equipment system in an election that was purchased under this section, use voting equipment that does not meet the requirements described in Subsection (4)(a); and
(e)
shall purchase a new voting equipment system described under Subsection (4)(a) that provides the best value to the county with consideration for the new voting equipment system’s:
(i)
cost of maintenance;
(ii)
estimated operational lifetime; and
(iii)
cost of replacement.
(5)
A county that receives funds through the program may use voting equipment that does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
if the county purchased the voting equipment before receiving grant funds under Subsection (7)(a).
(6)
Upon receipt of a proposal described in Subsection (3), the lieutenant governor shall:
(a)
review the proposal to ensure that:
(i)
the proposal complies with the requirements described in Subsection (3); and
(ii)
the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
(b)
(i)
if the proposal complies with the requirements described in Subsection (3), the cost estimate appears to be reasonably accurate, and sufficient program funds are available:
(A)
accept the proposal;
(B)
notify the county clerk of the county that submitted the proposal that the proposal is accepted;
(C)
notify the county clerk of the requirements described in Subsection (7); and
(D)
disburse the funds described in Subsection (7)(a), in accordance with the requirements described in Subsection (7)(b), to the county that submitted the proposal; or
(ii)
if the proposal does not comply with the requirements described in Subsection (3), the cost estimate does not appear to be reasonable, or sufficient program funds are not available:
(A)
reject the proposal; and
(B)
notify the county clerk of the county that submitted the proposal that the proposal is rejected, indicating the reason that the proposal is rejected.
(7)
The lieutenant governor:
(a)
shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
(i)
50% of the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); or
(ii)
the proportional reimbursement rate; and
(b)
may not disburse funds under Subsection (6)(b)(i)(D):
(i)
until the county appropriates the matching funds described in Subsection (4)(b); or
(ii)
if the disbursement would cause the county’s total receipt of funds from the program to exceed the proportional reimbursement rate.
