Terms Used In Utah Code > Title 20A > Chapter 5 - Election Administration

• 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 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. 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. 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. Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5 Arrest: Taking physical custody of a person by lawful authority. Articles of incorporation: include : (a)  amended articles of incorporation; (b)  restated articles of incorporation; (c)  articles of merger; and (d)  a document of a similar import to the documents described in Subsections (3)(a) through (c). See Utah Code 16-6a-102 Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Automatic tabulating equipment: means apparatus that automatically examines and counts votes recorded on ballots and tabulates the results. See Utah Code 20A-1-102 Auxiliary officer: means a sworn, certified, and supervised special function officer, as described by Section 53-13-112. See Utah Code 53-13-101 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 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Board: means Local Public Safety and Firefighter Surviving Spouse Trust Fund Board of Trustees created in Section 53-17-402. See Utah Code 53-17-102 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 board of directors: means the body authorized to manage the affairs of a domestic or foreign nonprofit corporation. See Utah Code 16-6a-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 Bylaws: includes : (i)  amended bylaws; and (ii)  restated bylaws. See Utah Code 16-6a-102 Certified: means recognized and accepted by the division as having successfully met and maintained the standards and training requirements set and approved by the director of the division with the advice and consent of the council. See Utah Code 53-13-101 children: means a child of a member, including a stepchild and a legally adopted child who is under the age of 26. See Utah Code 53-17-102 City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Collateral duty: means a duty to corroborate and support a peace officer function that is secondary and supplemental to the primary duty of the position. See Utah Code 53-13-101 Commissioner: means the commissioner of public safety appointed under Section 53-1-107. See Utah Code 53-1-102 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. Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. 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. Contracting election officer: means an election officer who enters into a contract or interlocal agreement with a provider election officer. See Utah Code 20A-1-102 cooperative: means a nonprofit corporation organized or existing under this chapter. 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. Correctional facility: means the same as that term is defined in Section 77-16b-102. See Utah Code 53-18-102 Council: means the Peace Officer Standards and Training Council created in Section 53-6-106. See Utah Code 53-13-101 County legislative body: means :Utah Code 68-3-12.5 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 Department: means the Department of Public Safety created in Section 53-1-103. See Utah Code 53-1-102 Department: means the Department of Public Safety. See Utah Code 53-11-102 Dependent: A person dependent for support upon another. Director: means the director of the Peace Officer Standards and Training Division appointed under Section 53-6-104. See Utah Code 53-13-101 Director: means the director of a training academy. See Utah Code 53-14-101 Dispatcher: means the same as that term is defined in Section 53-6-102. See Utah Code 53-18-102 Distribution: means the payment of a dividend or any part of the income or profit of a nonprofit corporation to the nonprofit corporation's: (i)  members; (ii)  directors; or (iii)  officers. See Utah Code 16-6a-102 Division: means the Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-13-101 Division: means the Division of Corporations and Commercial Code. See Utah Code 16-6a-102 domestic corporation: means a corporation for profit that: (a)  is not a foreign corporation; and (b)  is incorporated under or subject to Chapter 10a, Utah Revised Business Corporation Act. 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 Early intervention system: means an electronic data-based police management tool designed to track behaviors of a law enforcement officer based on performance factors. See Utah Code 53-14-201 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 Assistance Commission: means the commission established by the Help America Vote Act of 2002, Pub. 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 Employer: means a public employer or private employer. See Utah Code 53-14-101 Employer: means a law enforcement agency or other state or local government agency that: (a)  is a participating employer; and (b)  employs one or more public safety service employees or firefighter service employees who are eligible to earn service credit in a Utah Retirement System under Title 49, Utah State Retirement and Insurance Benefit Act. See Utah Code 53-17-102 Entity: includes : (a)  a domestic or foreign corporation; (b)  a domestic or foreign nonprofit corporation; (c)  a limited liability company; (d)  a profit or nonprofit unincorporated association; (e)  a business trust; (f)  an estate; (g)  a partnership; (h)  a trust; (i)  two or more persons having a joint or common economic interest; (j)  a state; (k)  the United States; or (l)  a foreign government. See Utah Code 16-6a-102 Fiduciary: A trustee, executor, or administrator. Firefighter service employee: means the same as that term is defined in Section 49-16-102 or 49-23-102. See Utah Code 53-17-102 Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Utah Code 16-6a-102 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 Fraud: Intentional deception resulting in injury to another. Grant: means a grant awarded under this part. See Utah Code 53-14-201 Immediate family member: means a public safety employee's spouse, child, parent, or grandparent who resides with the public safety employee. See Utah Code 53-18-102 Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury. 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 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 Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity. Local election: means a regular county election, a regular municipal election, a municipal primary election, a local special election, a special district election, and a bond election. See Utah Code 20A-1-102 Local law enforcement agency: means a law enforcement agency of any political subdivision of the state. See Utah Code 53-13-101 Local political subdivision: means a county, a municipality, a local district, or a special school district. See Utah Code 20A-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 Member: means the same as that term is defined in Section 49-11-102. See Utah Code 53-17-102 Membership: refers to the rights and obligations of a member or members. See Utah Code 16-6a-102 money: means : (i)  legal tender; (ii)  a negotiable instrument; or (iii)  other cash equivalent readily convertible into legal tender. See Utah Code 16-6a-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 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 legislative body: means : (a)  the council of the city or town in any form of municipal government; or (b)  the council of a metro township. 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 Municipality: means a city, town, or metro township. See Utah Code 20A-1-102 Mutual benefit corporation: means a nonprofit corporation: (a)  that issues shares of stock to its members evidencing a right to receive distribution of water or otherwise representing property rights; or (b)  all of whose assets are contributed or acquired by or for the members of the nonprofit corporation or their predecessors in interest to serve the mutual purposes of the members. See Utah Code 16-6a-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 Notice: means the same as that term is defined in Section 16-6a-103. See Utah Code 16-6a-102 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 ballot: means the ballots distributed by the election officer for voters to record their votes. See Utah Code 20A-1-102 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 Participating employer: means the same as that term is defined in Section 49-11-102. See Utah Code 53-17-102 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 an: (a)  individual; or (b)  entity. See Utah Code 16-6a-102 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 Peace Officer Standards and Training Division created in Section 53-6-103. See Utah Code 53-14-101 Presidential Primary Election: means the election established in 8. See Utah Code 20A-1-102 Principal duties: means those duties which are the highest and foremost in responsibility. See Utah Code 53-13-101 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 Private law: A private bill enacted into law. Private laws have restricted applicability, often addressing immigration and naturalization issues affecting individuals. Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed. Proceeding: includes : (a)  a civil suit; (b)  arbitration; (c)  mediation; (d)  a criminal action; (e)  an administrative action; or (f)  an investigatory action. See Utah Code 16-6a-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Program: means the Early Intervention Grant Program created in section 53-14-203. See Utah Code 53-14-201 Property: includes both real and personal property. See Utah Code 68-3-12.5 Provider election officer: means an election officer who enters into a contract or interlocal agreement with a contracting election officer to conduct an election for the contracting election officer's local political subdivision in accordance with Section 20A-5-400. See Utah Code 20A-1-102 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 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Public safety employee: means : (a)  a law enforcement officer; (b)  a dispatcher; or (c)  a current or retired employee or contractor of: (i)  a law enforcement agency; or (ii)  a correctional facility. See Utah Code 53-18-102 Public safety service employee: means the same as that term is defined in Section 49-14-102, 49-15-102, or 49-23-102. See Utah Code 53-17-102 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 Quorum: The number of legislators that must be present to do business. Receive: when used in reference to receipt of a writing or other document by a domestic or foreign nonprofit corporation, means the writing or other document is actually received: (a)  by the domestic or foreign nonprofit corporation at: (i)  its registered office in this state; or (ii)  its principal office; (b)  by the secretary of the domestic or foreign nonprofit corporation, wherever the secretary is found; or (c)  by another person authorized by the bylaws or the board of directors to receive the writing or other document, wherever that person is found. See Utah Code 16-6a-102 Recourse: An arrangement in which a bank retains, in form or in substance, any credit risk directly or indirectly associated with an asset it has sold (in accordance with generally accepted accounting principles) that exceeds a pro rata share of the bank's claim on the asset. If a bank has no claim on an asset it has sold, then the retention of any credit risk is recourse. Source: FDIC 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 Sample ballot: means a mock ballot similar in form to the official ballot, published as provided in Section 20A-5-405. See Utah Code 20A-1-102 Shareholder: means a person in whose name a share is registered in the records of a nonprofit corporation. See Utah Code 16-6a-102 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 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 Special district officers: means those special district board members who are required by law to be elected. See Utah Code 20A-1-102 Special election: means an election held as authorized by Section 20A-1-203. See Utah Code 20A-1-102 Spectrum: means that which encompasses the scope of authority. See Utah Code 53-13-101 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 institution of higher education: means the same as that term is defined in Section 53B-3-102. See Utah Code 53-1-102 Statute: A law passed by a legislature. Sworn: means having taken the oath of office set forth in Utah Constitution Article IV, Section 10, administered by the law enforcement agency for whom a peace officer works. See Utah Code 53-13-101 Town: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5 Training academy: means a peace officer training institution certified in accordance with the standards developed under Section 53-6-105. See Utah Code 53-14-101 Trust Fund: means the Local Public Safety and Firefighter Surviving Spouse Trust Fund created in Section 53-17-301. See Utah Code 53-17-102 Trustee: A person or institution holding and administering property in trust. United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Vacancy: means : (a)  except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or (b)  in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102 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 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 Volunteer: means an officer who donates service without pay or other compensation except expenses actually and reasonably incurred as approved by the supervising agency. See Utah Code 53-13-101 Vote: includes authorization by: (a)  written ballot; and (b)  written consent. See Utah Code 16-6a-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 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 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 Voting group: means all the members of one or more classes of members or directors that, under this chapter, the articles of incorporation, or the bylaws, are entitled to vote and be counted together collectively on a matter. See Utah Code 16-6a-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 Water company: means : (a)  the same as that term is defined in Subsection 16-4-102(5); or (b)  a mutual benefit corporation, when the stock in the mutual benefit corporation represents a right to receive a distribution of water for beneficial use. See Utah Code 16-6a-102 While on duty: means while an officer is actually performing the job duties and work activities assigned by the employing agency and for which the officer is trained and certified, and may include time spent outside those duties and activities if that additional time involves an activity that is an integral and necessary part of the job, and is spent for the benefit, and under the direction of, the employing agency. See Utah Code 53-13-101 Writing: includes :Utah Code 68-3-12.5