20A-1-102 - Definitions.
20A-1-102. Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactivevoter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines andcounts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecyenvelopes.
(4) "Ballot sheet":
(a) means a ballot that:
(i) consists of paper or a card where the voter's votes are marked or recorded; and
(ii) can be counted using automatic tabulating equipment; and
(b) includes punch card ballots and other ballots that are machine-countable.
(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
(a) contain the names of offices and candidates and statements of ballot propositions tobe voted on; and
(b) are used in conjunction with ballot sheets that do not display that information.
(6) "Ballot proposition" means a question, issue, or proposal that is submitted to voterson 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; or
(g) any other ballot question specifically authorized by the Legislature.
(7) "Board of canvassers" means the entities established by Sections 20A-4-301 and20A-4-306 to canvass election returns.
(8) "Bond election" means an election held for the purpose of approving or rejecting theproposed issuance of bonds by a government entity.
(9) "Book voter registration form" means voter registration forms contained in a boundbook that are used by election officers and registration agents to register persons to vote.
(10) "By-mail voter registration form" means a voter registration form designed to becompleted by the voter and mailed to the election officer.
(11) "Canvass" means the review of election returns and the official declaration ofelection results by the board of canvassers.
(12) "Canvassing judge" means a poll worker designated to assist in counting ballots atthe canvass.
(13) "Convention" means the political party convention at which party officers anddelegates are selected.
(14) "Counting center" means one or more locations selected by the election officer incharge of the election for the automatic counting of ballots.
(15) "Counting judge" means a poll worker designated to count the ballots during
election day.
(16) "Counting poll watcher" means a person selected as provided in Section 20A-3-201to witness the counting of ballots.
(17) "Counting room" means a suitable and convenient private place or room,immediately adjoining the place where the election is being held, for use by the poll workers andcounting judges to count ballots during election day.
(18) "County officers" means those county officers that are required by law to be elected.
(19) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election occurs;and
(b) does not include:
(i) deadlines established for absentee voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, EarlyVoting.
(20) "Election" means a regular general election, a municipal general election, astatewide special election, a local special election, a regular primary election, a municipalprimary election, and a local district election.
(21) "Election Assistance Commission" means the commission established by PublicLaw 107-252, the Help America Vote Act of 2002.
(22) "Election cycle" means the period beginning on the first day persons are eligible tofile declarations of candidacy and ending when the canvass is completed.
(23) "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.
(24) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots;
(b) the county clerk or clerks for all county ballots and for certain ballots and elections asprovided in Section 20A-5-400.5;
(c) the municipal clerk for all municipal ballots and for certain ballots and elections asprovided in Section 20A-5-400.5;
(d) the local district clerk or chief executive officer for certain ballots and elections asprovided in Section 20A-5-400.5; and
(e) the business administrator or superintendent of a school district for certain ballots orelections as provided in Section 20A-5-400.5.
(25) "Election official" means any election officer, election judge, or poll worker.
(26) "Election results" means, for bond elections, the count of those votes cast for andagainst the bond proposition plus any or all of the election returns that the board of canvassersmay request.
(27) "Election returns" includes the pollbook, all affidavits of registration, the militaryand overseas absentee voter registration and voting certificates, one of the tally sheets, anyunprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiledballots, the ballot disposition form, and the total votes cast form.
(28) "Electronic ballot" means a ballot that is recorded using a direct electronic votingdevice or other voting device that records and stores ballot information by electronic means.
(29) (a) "Electronic voting device" means a voting device that uses electronic ballots.
(b) "Electronic voting device" includes a direct recording electronic voting device.
(30) "Inactive voter" means a registered voter who has:
(a) been sent the notice required by Section 20A-2-306; and
(b) failed to respond to that notice.
(31) "Inspecting poll watcher" means a person selected as provided in this title to witnessthe receipt and safe deposit of voted and counted ballots.
(32) "Judicial office" means the office filled by any judicial officer.
(33) "Judicial officer" means any justice or judge of a court of record or any county courtjudge.
(34) "Local district" means a local government entity under Title 17B, Limited PurposeLocal Government Entities - Local Districts, and includes a special service district under Title17D, Chapter 1, Special Service District Act.
(35) "Local district officers" means those local district officers that are required by law tobe elected.
(36) "Local election" means a regular municipal election, a local special election, a localdistrict election, and a bond election.
(37) "Local political subdivision" means a county, a municipality, a local district, or alocal school district.
(38) "Local special election" means a special election called by the governing body of alocal political subdivision in which all registered voters of the local political subdivision mayvote.
(39) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
(b) the mayor in the council-manager form of government defined in Subsection10-3b-103(6).
(40) "Municipal general election" means the election held in municipalities and localdistricts on the first Tuesday after the first Monday in November of each odd-numbered year forthe purposes established in Section 20A-1-202.
(41) "Municipal legislative body" means the council of the city or town in any form ofmunicipal government.
(42) "Municipal officers" means those municipal officers that are required by law to beelected.
(43) "Municipal primary election" means an election held to nominate candidates formunicipal office.
(44) "Official ballot" means the ballots distributed by the election officer to the pollworkers to be given to voters to record their votes.
(45) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the poll worker's initials; and
(ii) the ballot number.
(46) "Official register" means the official record furnished to election officials by theelection officer that contains the information required by Section 20A-5-401.
(47) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be votedon; and
(b) spaces for the voter to record the voter's vote for each office and for or against eachballot proposition.
(48) "Political party" means an organization of registered voters that has qualified toparticipate in an election by meeting the requirements of Chapter 8, Political Party Formation andProcedures.
(49) (a) "Poll worker" means a person assigned by an election official to assist with anelection, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(50) "Pollbook" means a record of the names of voters in the order that they appear tocast votes.
(51) "Polling place" means the building where voting is conducted.
(52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot inwhich the voter marks the voter's choice.
(53) "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.
(54) "Provisional ballot envelope" means an envelope printed in the form required bySection 20A-6-105 that is used to identify provisional ballots and to provide information toverify a person's legal right to vote.
(55) "Primary convention" means the political party conventions at which nominees forthe regular primary election are selected.
(56) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(57) "Qualify" or "qualified" means to take the oath of office and begin performing theduties of the position for which the person was elected.
(58) "Receiving judge" means the poll worker that checks the voter's name in the officialregister, provides the voter with a ballot, and removes the ballot stub from the ballot after thevoter has voted.
(59) "Registration form" means a book voter registration form and a by-mail voterregistration form.
(60) "Regular ballot" means a ballot that is not a provisional ballot.
(61) "Regular general election" means the election held throughout the state on the firstTuesday after the first Monday in November of each even-numbered year for the purposesestablished in Section 20A-1-201.
(62) "Regular primary election" means the election on the fourth Tuesday of June of eacheven-numbered year, to nominate candidates of political parties and nonpolitical groups toadvance to the regular general election.
(63) "Resident" means a person who resides within a specific voting precinct in Utah.
(64) "Sample ballot" means a mock ballot similar in form to the official ballot printedand distributed as provided in Section 20A-5-405.
(65) "Scratch vote" means to mark or punch the straight party ticket and then mark orpunch the ballot for one or more candidates who are members of different political parties.
(66) "Secrecy envelope" means the envelope given to a voter along with the ballot intowhich the voter places the ballot after the voter has voted it in order to preserve the secrecy of thevoter's vote.
(67) "Special election" means an election held as authorized by Section 20A-1-204.
(68) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
(69) "Statewide special election" means a special election called by the governor or theLegislature in which all registered voters in Utah may vote.
(70) "Stub" means the detachable part of each ballot.
(71) "Substitute ballots" means replacement ballots provided by an election officer to thepoll workers when the official ballots are lost or stolen.
(72) "Ticket" means each list of candidates for each political party or for each group ofpetitioners.
(73) "Transfer case" means the sealed box used to transport voted ballots to the countingcenter.
(74) "Vacancy" means the absence of a person to serve in any position created by statute,whether that absence occurs because of death, disability, disqualification, resignation, or othercause.
(75) "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which mayinclude:
(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 aphotograph 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 (75)(a) or (b) but that bear thename of the voter and provide evidence that the voter resides in the voting precinct, which mayinclude:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before theelection;
(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.
(76) "Valid write-in candidate" means a candidate who has qualified as a write-incandidate by following the procedures and requirements of this title.
(77) "Voter" means a person 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.
(78) "Voter registration deadline" means the registration deadline provided in Section20A-2-102.5.
(79) "Voting area" means the area within six feet of the voting booths, voting machines,and ballot box.
(80) "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparationof ballots, including the voting machine enclosure or curtain; or
(b) a voting device that is free standing.
(81) "Voting device" means:
(a) an apparatus in which ballot sheets are used in connection with a punch device forpiercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance;
(c) an electronic voting device or other device used to make selections and cast a ballotelectronically, or any component thereof;
(d) an automated voting system under Section 20A-5-302; or
(e) any other method for recording votes on ballots so that the ballot may be tabulated bymeans of automatic tabulating equipment.
(82) "Voting machine" means a machine designed for the sole purpose of recording andtabulating votes cast by voters at an election.
(83) "Voting poll watcher" means a person appointed as provided in this title to witnessthe distribution of ballots and the voting process.
(84) "Voting precinct" means the smallest voting unit established as provided by law
within which qualified voters vote at one polling place.
(85) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting pollwatcher, and a testing watcher.
(86) "Western States Presidential Primary" means the election established in Title 20A,Chapter 9, Part 8.
(87) "Write-in ballot" means a ballot containing any write-in votes.
(88) "Write-in vote" means a vote cast for a person whose name is not printed on theballot according to the procedures established in this title.
Amended by Chapter 129, 2010 General Session
Amended by Chapter 197, 2010 General Session
Amended by Chapter 254, 2010 General Session