Utah Code > Title 20A > Chapter 3a > Part 2 – Voting Procedures
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Terms Used In Utah Code > Title 20A > Chapter 3a > Part 2 - Voting Procedures
- Active voter: means a registered voter who has not been classified as an inactive voter by the county clerk. See Utah Code 20A-1-102
- Addiction: means the unlawful or habitual use of alcohol or a controlled substance which endangers public health and safety. See Utah Code 53-6-102
- Adjudicative proceeding: means :Utah Code 68-3-12.5
- Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
- 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.
- Agricultural and wildlife fireworks: means a class C dangerous explosive that:
(a) uses sound or light when deployed; and (b) is designated to prevent crop damage or unwanted animals from entering a specified area. See Utah Code 53-7-202 - Allegation: something that someone says happened.
- Ammunition: means a bullet, a cartridge case, primer, propellant powder, or other ammunition designed for use in any firearm, either as an individual component part or in a completely assembled cartridge. See Utah Code 53-5d-102
- 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.
- Arrest: Taking physical custody of a person by lawful authority.
- 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 - Board: means the Utah Fire Prevention Board created in Section 53-7-203, except as provided in 3. See Utah Code 53-7-102
- 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
- Certified academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-6-102
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Class C dangerous explosive: means a class C explosive that is:
(i) a firecracker, cannon cracker, ground salute, M-80, cherry bomb, or other similar explosive; (iii) (A) a bottle rocket; (B) a roman candle; (C) a rocket mounted on a wire or stick; or (D) a device containing a rocket described in this Subsection (6)(a)(iii). See Utah Code 53-7-202 - Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Conviction: means an adjudication of guilt regarding criminal conduct, including:
(a) a finding of guilt by a court or a jury; (b) a guilty plea; (c) a plea of nolo contendere; (d) a plea which is held in abeyance pending the successful completion of: (i) a probationary period; or (ii) a diversion agreement; or (e) a conviction which has been expunged or dismissed. See Utah Code 53-6-102 - 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.
- Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-102
- Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-6-401
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102
- Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-6-102
- Director: means the state fire marshal appointed in accordance with Section 53-7-103. See Utah Code 53-7-102
- Dispatcher: means an employee of a public safety agency of the state or any of its political subdivisions and whose primary duties are to:
(a) (i) receive calls for one or a combination of, emergency police, fire, and medical services, and to dispatch the appropriate personnel and equipment in response to the calls; and (ii) in response to emergency calls, make urgent decisions affecting the life, health, and welfare of the public and public safety employees; or (b) supervise dispatchers or direct a dispatch communication center. See Utah Code 53-6-102 - Display fireworks: includes aerial shells, salutes, roman candles, flash shells, comets, mines, and other similar explosives. See Utah Code 53-7-202
- Display operator: means a person licensed under Section 53-7-223 and who is responsible for site selection, setting up, permits, overseeing assistants and support personnel, and discharging display fireworks outdoors in situations where the audience maintains a specific distance separating it from the display fireworks being discharged. See Utah Code 53-7-202
- Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-6-102
- Division: means the State Fire Marshal Division created in Section 53-7-103. See Utah Code 53-7-102
- Donor: The person who makes a gift.
- 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
- 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.
- Fire executive: means a fire chief, deputy fire chief, or other active member of a fire department or fire district who has been appointed by the elected officials of a municipality or county, by a fire district board, or by an established procedure within a volunteer fire service organization, to officially represent a fire department. See Utah Code 53-7-202
- Fire extinguisher: means a portable or stationary device that discharges water, foam, gas, or other material to extinguish a fire. See Utah Code 53-7-202
- Fire officer: means :
(a) the state fire marshal; (b) the state fire marshal's deputies or salaried assistants; (c) the fire chief or fire marshal of any county, city, or town fire department; (d) the fire officer of any fire district; (e) the fire officer of any special service district organized for fire protection purposes; and (f) authorized personnel of any of the persons specified in Subsections (4)(a) through (e). See Utah Code 53-7-102 - Fire suppression system: means an automatic fire protection system that automatically detects fire and discharges a fire extinguishing agent onto or in the area of the fire. See Utah Code 53-7-202
- Fireworks: means :
(i) class C explosives; (ii) class C dangerous explosives; and (iii) class C common state approved explosives. See Utah Code 53-7-202 - 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.
- Flame effects: means the combustion of flammable solids, liquids, or gases to produce thermal, physical, visual, or audible phenomena before an audience. See Utah Code 53-7-202
- Flame effects operator: means a person licensed under Section 53-7-223 who, regarding flame effects, is responsible for:
(i) storage, setup, operations, teardown, devices, equipment, overseeing assistants and support personnel, and preventing accidental discharge; and (ii) completion of the sequence of control system functions that release the fuel for ignition to cause combustion and create the flame effects. See Utah Code 53-7-202 - 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
- Highway: includes :Utah Code 68-3-12.5
- Importer: means a person who brings class B or class C explosives into Utah for the general purpose of:
(a) resale or use within the state; or (b) exportation to other states. See Utah Code 53-7-202 - Inactive voter: means a registered voter who is listed as inactive by a county clerk under Subsection 20A-2-505(4)(c)(i) or (ii). 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.
- Land: includes :Utah Code 68-3-12.5
- Law enforcement agency: means an entity or division of:
(i) (A) the federal government, a state, or a political subdivision of a state; (B) a state institution of higher education; or (C) a private institution of higher education, if the entity or division is certified by the commissioner under Title 53, Chapter 19, Certification of Private Law Enforcement Agency; and (ii) that exists primarily to prevent and detect crime and enforce criminal laws, statutes, and ordinances. See Utah Code 53-1-102 - Law enforcement officer: means the same as that term is defined in Section 53-13-103. See Utah Code 53-1-102
- 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
- Manufacturer: means , with respect to a qualified product, a person who is engaged in the business of manufacturing a qualified product and who is licensed to engage in business as a manufacturer under 18 U. See Utah Code 53-5d-102
- Mechanical ballot: means a record, including a paper record, electronic record, or mechanical record, that:
(a) is created via electronic or mechanical means; and (b) records an individual voter's vote cast via a method other than an individual directly placing a mark, using a pen or other marking instrument, to record an individual voter's vote. See Utah Code 20A-1-102 - Motor vehicle: means every self-propelled vehicle and every vehicle propelled by electric power obtained from overhead trolley wires, but not operated upon rails, except motorized wheel chairs and vehicles moved solely by human power. See Utah Code 53-1-102
- Negligent entrustment: means the supplying of a qualified product by a seller for use by another person when the seller knows, or reasonably should know, the person to whom the product is supplied is likely to, and does, use the product in a manner involving unreasonable risk of physical injury to the person or others. See Utah Code 53-5d-102
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
- 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
- Peace officer: means any officer certified in accordance with Title 53, Chapter 13, Peace Officer Classifications. See Utah Code 53-1-102
- Person: means :Utah Code 68-3-12.5
- Person: means the same as that term is defined in Section 68-3-12. See Utah Code 53-5d-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
- Poll worker: includes election judges. See Utah Code 20A-1-102
- Pollbook: means a record of the names of voters in the order that they appear to cast votes. See Utah Code 20A-1-102
- Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
- Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
- POST: means the division. See Utah Code 53-6-102
- Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- 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
- Provisional ballot: means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place; (b) whose legal right to vote is challenged as provided in this title; or (c) whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102 - Provisional ballot envelope: means an envelope printed in the form required by Section 20A-6-105 that is used to identify provisional ballots and to provide information to verify a person's legal right to vote. See Utah Code 20A-1-102
- Pyrotechnic: means any composition or device manufactured or used to produce a visible or audible effect by combustion, deflagration, or detonation. See Utah Code 53-7-202
- 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
- Qualified civil liability action: means a civil action or proceeding or an administrative proceeding brought by any person against a manufacturer or seller of a qualified product, or a trade association, for damages, punitive damages, injunctive or declaratory relief, abatement, restitution, fines, or penalties, or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party. See Utah Code 53-5d-102
- Qualified product: means a firearm or antique firearm, as defined in Section 76-10-501, ammunition, or a component part of a firearm or ammunition. See Utah Code 53-5d-102
- Qualifying canine certifying entity: means an entity that certifies law enforcement canines and law enforcement canine handlers in accordance with the standards developed under Section 53-6-403. See Utah Code 53-6-401
- Quorum: The number of legislators that must be present to do business.
- Regular primary election: means the election, held on the date specified in Section 20A-1-201. See Utah Code 20A-1-102
- Resident: means a person who resides within a specific voting precinct in Utah. See Utah Code 20A-1-102
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- Return envelope: means the envelope, described in Subsection 20A-3a-202(4), provided to a voter with a manual ballot:
(a) into which the voter places the manual ballot after the voter has voted the manual ballot in order to preserve the secrecy of the voter's vote; and (b) that includes the voter affidavit and a place for the voter's signature. See Utah Code 20A-1-102 - Seller: means , with respect to a qualified product, a federal firearms licensee, as defined in Section 76-10-501. See Utah Code 53-5d-102
- Service: means the inspection, maintenance, repair, modification, testing, or cleaning of an automatic fire suppression system. See Utah Code 53-7-202
- 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 effects: means a visual or audible effect caused by chemical mixtures that produce a controlled, self-sustaining, and self-controlled exothermic chemical reaction that results in heat, gas, sound, or light and may also create an illusion. See Utah Code 53-7-202
- Special effects operator: means a person licensed under Section 53-7-223 who is responsible for setting up, permits, overseeing assistants and support personnel, analyzing potential hazards, setting clearances, and discharging pyrotechnic devices, either indoor or outdoor, where the audience is allowed to be in closer proximity to the pyrotechnic devices than the audience separation distance generally required for display fireworks. See Utah Code 53-7-202
- 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 fire code: means the code adopted under Section 15A-1-403. See Utah Code 53-7-102
- State fire marshal: means the fire marshal appointed director by the commissioner under Section 53-7-103. See Utah Code 53-7-102
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Swear: includes "affirm. See Utah Code 68-3-12.5
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Ticket: means a list of:
(a) political parties; (b) candidates for an office; or (c) ballot propositions. See Utah Code 20A-1-102 - Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Trade association: means :
(a) any corporation, unincorporated association, federation, business league, or professional or business organization not organized or operated for profit and no part of the net earnings of which inures to the benefit of any private shareholder or individual; (b) an organization described in 26 U. See Utah Code 53-5d-102 - Trick noisemaker: includes a:
(a) tube or sphere containing pyrotechnic composition that produces a white or colored smoke as its primary effect when ignited; and (b) device that produces a small report intended to surprise the user, including a: (i) "booby trap" which is a small tube with a string protruding from both ends that ignites the friction sensitive composition in the tube when the string is pulled; (ii) "snapper" which is a small paper-wrapped device containing a minute quantity of explosive composition coated on bits of sand that explodes producing a small report; (iii) "trick match" which is a kitchen or book match coated with a small quantity of explosive or pyrotechnic composition that produces a small shower of sparks when ignited; (iv) "cigarette load" which is a small wooden peg coated with a small quantity of explosive composition that produces a small report when ignited; and (v) "auto burglar alarm" which is a tube that: (A) contains pyrotechnic composition that produces a loud whistle and smoke when ignited; (B) may contain a small quantity of explosive to produce a small explosive noise; and (C) is ignited by a squib. See Utah Code 53-7-202 - Unclassified fireworks: means :
(a) a pyrotechnic device that is used, given away, or offered for sale, that has not been tested, approved, and classified by the United States Department of Transportation; (b) an approved device that has been altered or redesigned since obtaining approval by the United States Department of Transportation; and (c) a pyrotechnic device that is being tested by a manufacturer, importer, or wholesaler before receiving approval by the United States Department of Transportation. See Utah Code 53-7-202 - United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Unlawful misuse: means conduct that violates a statute, ordinance, or regulation as it relates to the use of a qualified product. See Utah Code 53-5d-102
- Utah Code: means the 1953 recodification of the Utah Code, as amended, unless the text expressly references a portion of the 1953 recodification of the Utah Code as it existed:Utah Code 68-3-12.5
- Valid voter identification: means :
(a) a form of identification that bears the name and photograph of the voter which may include: (i) a currently valid Utah driver license; (ii) a currently valid identification card that is issued by: (A) the state; or (B) a branch, department, or agency of the United States; (iii) a currently valid Utah permit to carry a concealed weapon; (iv) a currently valid United States passport; or (v) a currently valid United States military identification card; (b) one of the following identification cards, whether or not the card includes a photograph of the voter: (i) a valid tribal identification card; (ii) a Bureau of Indian Affairs card; or (iii) a tribal treaty card; or (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include: (i) a current utility bill or a legible copy thereof, dated within the 90 days before the election; (ii) a bank or other financial account statement, or a legible copy thereof; (iii) a certified birth certificate; (iv) a valid social security card; (v) a check issued by the state or the federal government or a legible copy thereof; (vi) a paycheck from the voter's employer, or a legible copy thereof; (vii) a currently valid Utah hunting or fishing license; (viii) certified naturalization documentation; (ix) a currently valid license issued by an authorized agency of the United States; (x) a certified copy of court records showing the voter's adoption or name change; (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; (xii) a currently valid identification card issued by: (A) a local government within the state; (B) an employer for an employee; or (C) a college, university, technical school, or professional school located within the state; or (xiii) a current Utah vehicle registration. See Utah Code 20A-1-102 - Valid write-in candidate: means a candidate who has qualified as a write-in candidate by following the procedures and requirements of this title. See Utah Code 20A-1-102
- Vehicle: means every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, excepting devices used exclusively upon stationary rails or tracks. See Utah Code 53-1-102
- Vote by mail: means to vote, using a manual ballot that is mailed to the voter, by:
(a) mailing the ballot to the location designated in the mailing; or (b) depositing the ballot in a ballot drop box designated by the election officer. See Utah Code 20A-1-102 - 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 area: means the area within six feet of the voting booths, voting machines, and ballot box. See Utah Code 20A-1-102
- Voting booth: means :
(a) the space or compartment within a polling place that is provided for the preparation of ballots, including the voting enclosure or curtain; or (b) a voting device that is free standing. See Utah Code 20A-1-102 - Voting device: means any device provided by an election officer for a voter to vote a mechanical ballot. See Utah Code 20A-1-102
- Voting precinct: means the smallest geographical voting unit, established under 3. 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
- Wholesaler: means :
(a) a person who sells class C common state approved explosives to a retailer; or (b) a person who sells class B explosives or class C dangerous explosives for display use. See Utah Code 53-7-202 - Write-in vote: means a vote cast for an individual, whose name is not printed on the ballot, in accordance with the procedures established in this title. See Utah Code 20A-1-102
- Writing: includes :Utah Code 68-3-12.5