Terms Used In Utah Code > Title 20A > Chapter 16 - Uniform Military and Overseas Voters Act

• Address: includes :

  (i)	a post office box number;

  (ii)	a rural free delivery route number; and

  (iii)

  a street name and number. See Utah Code 16-6a-102 Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5 Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths. Allegation: something that someone says happened. Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it. Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense. Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant. Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Assumed corporate name: means a name assumed for use in this state: (a)  by a: (i)  foreign corporation pursuant to Section 16-10a-1506; or (ii)  a foreign nonprofit corporation pursuant to Section 16-6a-1506; and (b)  because the corporate name of the foreign corporation described in Subsection (4)(a) is not available for use in this state. See Utah Code 16-6a-102 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 Ballot proposition: means a question, issue, or proposal that is submitted to voters on the ballot for their approval or rejection including: (a)  an opinion question specifically authorized by the Legislature; (b)  a constitutional amendment; (c)  an initiative; (d)  a referendum; (e)  a bond proposition; (f)  a judicial retention question; (g)  an incorporation of a city or town; or (h)  any other ballot question specifically authorized by the Legislature. See Utah Code 20A-1-102 Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings. board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-102 Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102 Certificate: means a license issued by a governmental jurisdiction outside the state. See Utah Code 53E-6-102 Charter agreement: means an agreement made in accordance with Section 53G-5-303 that authorizes the operation of a charter school. See Utah Code 53E-1-102 Charter school authorizer: means the same as that term is defined in Section 53G-5-102. See Utah Code 53E-5-301 Child with a disability: means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Class: means a group of memberships that has the same right with respect to voting, dissolution, redemption, transfer, or other characteristics. See Utah Code 16-6a-102 Cohort: means all district schools and charter schools identified as: (a)  springboard schools based on school accountability results from the same school year; or (b)  elevate schools based on school accountability results from the same school year. See Utah Code 53E-5-301 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuous improvement expert: means a person identified by the state board under Section 53E-5-305. See Utah Code 53E-5-301 Contract: A legal written agreement that becomes binding when signed. Conviction: A judgement of guilt against a criminal defendant. Corporate name: means : (a)  the name of a domestic corporation as stated in the domestic corporation's articles of incorporation; (b)  the name of a domestic nonprofit corporation as stated in the domestic nonprofit corporation's articles of incorporation; (c)  the name of a foreign corporation as stated in the foreign corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation; or (d)  the name of a foreign nonprofit corporation as stated in the foreign nonprofit corporation's: (i)  articles of incorporation; or (ii)  document of similar import to articles of incorporation. See Utah Code 16-6a-102 Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name. Covered voter: means an individual who: (a)  satisfies Utah's voter eligibility requirements that do not relate to residency; (b)  is not registered to vote in a state other than Utah; (c)  is absent from the United States on the day of the election; and (d)  (i)  is a resident of Utah under Section 20A-2-105, but is absent from the United States on election day because the individual: (A)  is a uniformed service voter; or (B)  temporarily resides outside the United States; (ii)  is a foreign United States citizen who: (A)  before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and (B)  did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or (iii)  is a foreign United States citizen: (A)  who has never registered to vote in a state other than Utah; (B)  who has never established a principal place of residence in the United States; and (C)  whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah. See Utah Code 20A-16-102 Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Deliver: includes delivery by mail or another means of transmission authorized by Section 16-6a-103, except that delivery to the division means actual receipt by the division. See Utah Code 16-6a-102 Dependent: means an individual recognized as a dependent by a uniformed service. See Utah Code 20A-16-102 Dependent: A person dependent for support upon another. Director: means a member of the board of directors. See Utah Code 16-6a-102 District school: means a public school under the control of a local school board. See Utah Code 53E-1-102 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102 domestic nonprofit corporation: means an entity that: (a)  is not a foreign nonprofit corporation; and (b)  is incorporated under or subject to this chapter. See Utah Code 16-6a-102 Due process hearing: means an administrative due process hearing authorized by 20 U. See Utah Code 53E-7-201 Educator: means : (a)  a person who holds a license; (b)  a teacher, counselor, administrator, librarian, or other person required, under rules of the state board, to hold a license; or (c)  a person who is the subject of an allegation which has been received by the state board or UPPAC and was, at the time noted in the allegation, a license holder or a person employed in a position requiring licensure. See Utah Code 53E-6-102 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 officer: means : (a)  the lieutenant governor, for all statewide ballots and elections; (b)  the county clerk for: (i)  a county ballot and election; and (ii)  a ballot and election as a provider election officer as provided in Section 20A-5-400. See Utah Code 20A-1-102 Election official: means any election officer, election judge, or poll worker. See Utah Code 20A-1-102 Elevate school: means a district school or charter school that: (a)  is not a Title I school; (b)  is implementing targeted support and improvement activities under 20 U. See Utah Code 53E-5-301 eligible student: means a child with a disability who is: (a)  at least 3 years old but younger than 22 years old; or (b)  22 years old, if the school year in which the child with a disability turned 22 years old has not yet ended. See Utah Code 53E-7-201 Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Federal postcard application: means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102 Federal write-in absentee ballot: means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U. See Utah Code 20A-16-102 Final remedial year: means the second or third school year following the initial remedial year, as determined by the state board. See Utah Code 53E-5-301 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreign nonprofit corporation: means an entity: (a)  incorporated under a law other than the laws of this state; and (b)  that would be a nonprofit corporation if formed under the laws of this state. See Utah Code 16-6a-102 Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs. Guardian: includes a person who:Utah Code 68-3-12.5 hearing: means a proceeding held in accordance with generally accepted principles of due process and administrative law in which definite issues of fact or of law are tried before a hearing body, and in which proceeding evidence is presented and witnesses heard, and in which the party against whom the proceedings are held has a right to: (1)  appear with or without counsel to present evidence, confront and cross-examine witnesses, or subpoena witnesses; and (2)  obtain a decision based solely upon evidence presented to the hearing body in the presence of both parties or representatives of both parties, recognizing that presence is satisfied if a party has been given a reasonable opportunity to attend, even if the party fails to do so. See Utah Code 53E-6-601 IEP: means a written statement for a student with a disability that is developed, reviewed, and revised in accordance with the Individuals with Disabilities Education Act, 20 U. See Utah Code 53E-1-102 IEP team: means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Individual: means : (a)  a natural person; (b)  the estate of an incompetent individual; or (c)  the estate of a deceased individual. See Utah Code 16-6a-102 Initial remedial year: means the school year a district school or charter school is designated as a springboard school under Section 53E-5-302 or elevate school under Section 53E-5-302. See Utah Code 53E-5-301 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. instructional materials: means textbooks or materials used as, or in place of, textbooks and which may be used within the state curriculum framework for courses of study by students in public schools, including: (1)  textbooks; (2)  workbooks; (3)  computer software; (4)  online or Internet courses; and (5)  audio and video media. See Utah Code 53E-4-401 Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit. 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. LEA: means : (a)  a school district; (b)  a charter school; or (c)  the Utah Schools for the Deaf and the Blind. See Utah Code 53E-1-102 LEA special education program: means systems an LEA establishes to: (a)  implement an eligible student's IEP; (b)  appropriately and timely identify eligible students; (c)  evaluate and classify eligible students by qualified personnel; (d)  implement standards for special education classes and services; (e)  deliver special education service responsibilities; (f)  ensure special education instructional staff are appropriately credentialed; and (g)  provide services for dual enrollment students that are: (i)  eligible students; and (ii)  attending public school on a part-time basis. See Utah Code 53E-7-201 Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC Least restrictive environment: means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. License: means an authorization issued by the state board that permits the holder to serve in a professional capacity in the public schools. See Utah Code 53E-6-102 Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants. Local school board: means a board elected under 2. See Utah Code 53E-1-102 Local special election: means a special election called by the governing body of a local political subdivision in which all registered voters of the local political subdivision may vote. See Utah Code 20A-1-102 mailing: includes registered or certified mail for which the proper fee is paid. See Utah Code 16-6a-102 Manual ballot: means a paper document produced by an election officer on which an individual records an individual's vote by directly placing a mark on the paper document using a pen or other marking instrument. See Utah Code 20A-1-102 Member: includes : (i)  "voting member"; and (ii)  a shareholder in a water company. See Utah Code 16-6a-102 Military-overseas ballot: means : (a)  a federal write-in absentee ballot; (b)  a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or (c)  a ballot cast by a covered voter in accordance with this chapter. See Utah Code 20A-16-102 Mortgage: The written agreement pledging property to a creditor as collateral for a loan. Municipal general election: means the election held in municipalities and, as applicable, special districts on the first Tuesday after the first Monday in November of each odd-numbered year for the purposes established in Section 20A-1-202. See Utah Code 20A-1-102 Municipal primary election: means an election held to nominate candidates for municipal office. See Utah Code 20A-1-102 National Board certification: means a current certificate issued by the National Board for Professional Teaching Standards. See Utah Code 53E-6-102 Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102 Overseas voter: means a United States citizen who, on the day of the applicable election, is: (a)  voting age; and (b)  absent from the United States. See Utah Code 20A-16-102 Oversight: Committee review of the activities of a Federal agency or program. Parent: means a parent or legal guardian. See Utah Code 53E-1-102 Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses. Person: means :Utah Code 68-3-12.5 Person: means an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court. 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 Principal office: means : (a)  the office, in or out of this state, designated by a domestic or foreign nonprofit corporation as its principal office in the most recent document on file with the division providing that information, including: (i)  an annual report; (ii)  an application for a certificate of authority; or (iii)  a notice of change of principal office; or (b)  if no principal office can be determined, a domestic or foreign nonprofit corporation's registered office. See Utah Code 16-6a-102 Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Public education code: means : (a)  this title; (b)  Title 53F, Public Education System -- Funding; and (c)  Title 53G, Public Education System -- Local Administration. See Utah Code 53E-1-102 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. See Utah Code 20A-1-102 Recess: A temporary interruption of the legislative business. Registered office: means the office within this state designated by a domestic or foreign nonprofit corporation as its registered office in the most recent document on file with the division providing that information, including: (a)  articles of incorporation; (b)  an application for a certificate of authority; or (c)  a notice of change of registered office. See Utah Code 16-6a-102 Regular ballot: means a ballot that is not a provisional ballot. See Utah Code 20A-1-102 Regular general election: means the election held throughout the state on the first Tuesday after the first Monday in November of each even-numbered year for the purposes established in Section 20A-1-201. 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 Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant. Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102 School: means a public or private entity that provides educational services to a minor child. See Utah Code 53E-6-102 School accountability system: means the school accountability system established in 2. See Utah Code 53E-5-301 School improvement committee: means a committee established under: (a)  for a district school, Section 53E-5-303; or (b)  for a charter school, Section 53E-5-304. See Utah Code 53E-5-301 School improvement plan: means a plan described in: (a)  for a district school, Section 53E-5-303; or (b)  for a charter school, Section 53E-5-304. See Utah Code 53E-5-301 Service of process: The service of writs or summonses to the appropriate party. Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5 Special education: means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102 Specially designed instruction: means the same as that term is defined in 34 C. See Utah Code 53E-7-201 Springboard school: means a district school or charter school that has been designated a springboard school by the state board because the school: (a)  is not a Title I school; and (b)  when ranked according to the percentage of possible points the state board awards under 2, averaged over three school years is: (i)  one of the five lowest performing elementary, middle, or junior high schools statewide; or (ii)  one of the two lowest performing high schools statewide. See Utah Code 53E-5-301 State: means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa. See Utah Code 20A-16-102 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 State board: means the State Board of Education. See Utah Code 53E-1-102 State superintendent: means the state superintendent of public instruction appointed under Section 53E-3-301. See Utah Code 53E-1-102 Statewide assessment: means one or more of the following, as applicable: (a)  a standards assessment described in Section 53E-4-303; (b)  a high school assessment described in Section 53E-4-304; (c)  a college readiness assessment described in Section 53E-4-305; or (d)  an assessment of students in grade 3 to measure reading grade level described in Section 53E-4-307. See Utah Code 53E-4-301 Statewide assessment: means one or more of the following, as applicable: (a)  a standards assessment described in Section 53E-4-303; (b)  a high school assessment described in Section 53E-4-304; (c)  a college readiness assessment described in Section 53E-4-305; or (d)  an alternate assessment administered to a student with a disability. See Utah Code 53E-5-201 Statewide special election: means a special election called by the governor or the Legislature in which all registered voters in Utah may vote. See Utah Code 20A-1-102 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Swear: includes "affirm. See Utah Code 68-3-12.5 Uniformed service: means : (a)  active and reserve components of the armed forces as defined in Section 68-3-12. See Utah Code 20A-16-102 United States: when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa. See Utah Code 20A-16-102 United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 UPPAC: means the Utah Professional Practices Advisory Commission. See Utah Code 53E-6-102 Venue: The geographical location in which a case is tried. 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 Writing: includes :Utah Code 68-3-12.5