Terms Used In Utah Code > Title 20A > Chapter 4 > Part 4 - Recounts and Election Contests

• 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.
• 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.
• Applicant: means a person who has submitted to the department a completed application and all required application and processing fees. See Utah Code 53-11-102
• Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
• Bail bond agency: means a bail enforcement agent licensed under this chapter who operates a business to carry out the functions of a bail enforcement agent, and to conduct this business:

  (a)	employs one or more persons licensed under this chapter for wages or salary, and withholds all legally required deductions and contributions; or

  (b)

  contracts with a bail recovery agent or bail recovery apprentice on a part-time or case-by-case basis. See Utah Code 53-11-102 Bail enforcement agent: means an individual licensed under this chapter as a bail enforcement agent to enforce the terms and conditions of a defendant's release on bail in a civil or criminal proceeding, to apprehend a defendant or surrender a defendant to custody, or both, as is appropriate, and who: (a)  is appointed by a bail bond surety; and (b)  receives or is promised money or other things of value for this service. See Utah Code 53-11-102 Bail recovery agent: means an individual employed by a bail enforcement agent to assist the bail enforcement agent regarding civil or criminal defendants released on bail by: (a)  presenting a defendant for required court appearances; (b)  apprehending or surrendering a defendant to a court; or (c)  keeping the defendant under necessary surveillance. See Utah Code 53-11-102 Bail recovery apprentice: means any individual licensed under this chapter as a bail recovery apprentice, and who: (a)  has not met the requirements for licensure as a bail recovery agent or bail enforcement agent; and (b)  is employed by a bail enforcement agent, and works under the direct supervision of a bail enforcement agent or bail recovery agent employed also by the bail enforcement agent, unless the bail recovery apprentice is conducting activities at the direction of the employing bail enforcement agent that under this chapter do not require direct supervision. See Utah Code 53-11-102 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 Board: means the Bail Bond Recovery Licensure Board created under Section 53-11-104. See Utah Code 53-11-102 Board of canvassers: means the entities established by Sections 20A-4-301 and 20A-4-306 to canvass election returns. See Utah Code 20A-1-102 Bond election: means an election held for the purpose of approving or rejecting the proposed issuance of bonds by a government entity. See Utah Code 20A-1-102 Bureau: means the Bureau of Criminal Identification created in Section 53-10-201 within the Department of Public Safety. See Utah Code 53-11-102 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 Chief judge: The judge who has primary responsibility for the administration of a court but also decides cases; chief judges are determined by seniority. Commissioner: means the commissioner of public safety as defined under Section 53-1-107, or his designee. See Utah Code 53-11-102 Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Contract: A legal written agreement that becomes binding when signed. Convention: means the political party convention at which party officers and delegates are selected. See Utah Code 20A-1-102 Counterclaim: A claim that a defendant makes against a plaintiff. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Department: means the Department of Public Safety. See Utah Code 53-11-102 Direct supervision: means a bail enforcement agent employing or contracting with a bail recovery apprentice, or a bail recovery agent employed by or contracting with that bail enforcement agent who: (a)  takes responsibility for and assigns the work a bail recovery apprentice may conduct; and (b)  closely supervises, within close physical proximity, and provides direction and guidance to the bail recovery apprentice regarding the assigned work. See Utah Code 53-11-102 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 judge: means a poll worker that is assigned to: (a)  preside over other poll workers at a polling place; (b)  act as the presiding election judge; or (c)  serve as a canvassing judge, counting judge, or receiving judge. 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. Fraud: Intentional deception resulting in injury to another. Identification card: means a card issued by the commissioner to an applicant qualified for licensure under this chapter. See Utah Code 53-11-102 independent contractor: means a person who works for an agency as an independent contractor. See Utah Code 53-11-102 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. 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 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 Municipality: means a city, town, or metro township. See Utah Code 20A-1-102 Person: means :Utah Code 68-3-12.5 Polling place: means a building where voting is conducted. See Utah Code 20A-1-102 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. 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 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 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. Special district: means a local government entity under Title 17B, Limited Purpose Local Government Entities - Special Districts, and includes a special service district under Title 17D, Chapter 1, Special Service District Act. See Utah Code 20A-1-102 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 Subpoena: A command to a witness to appear and give testimony. Supervision: means the employing bail enforcement agent is responsible for and authorizes the type and extent of work assigned to a bail recovery agent who is his employee or contract employee. See Utah Code 53-11-102 Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. 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