Election Officer's Duties

Utah Code tit. 20A, ch. 20A-5, pt. 20A-5-P4

in effect

Utah Code § 20A-5-400.1 Contracting with an election officer to conduct elections -- Fees -- Contracts and interlocal agreements -- Private providers.

20A-5-400.1. Contracting with an election officer to conduct elections -- Fees -- Contracts and interlocal agreements -- Private providers. (1) (a) In accordance with this section, a local political subdivision may enter into a contract or interlocal agreement as provided in Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer to conduct an election. (b) If the boundaries of a local political subdivision holding the election extend beyond a single local political subdivision, the local political subdivision may have more than one provider election officer conduct an election. (c) Upon approval by the lieutenant governor, a municipality may enter into a contract or agreement under Subsection (1)(a) with any local political subdivision in the state, regardless of whether the municipality is located in, next to, or near, the local political subdivision, to conduct an election during which the municipality is participating in the Municipal Alternate Voting Methods Pilot Project. (d) If a municipality enters into a contract or agreement, under Subsection (1)(c), with a local political subdivision other than a county within which the municipality exists, the municipality, the local political subdivision, and the county within which the municipality exists shall enter into a cooperative agreement to ensure the proper functioning of the election. (2) A provider election officer shall conduct an election: (a) under the direction of the contracting election officer; and (b) in accordance with a contract or interlocal agreement. (3) A provider election officer shall establish fees for conducting an election for a contracting election officer that: (a) are consistent with the contract or interlocal agreement; and (b) do not exceed the actual costs incurred by the provider election officer. (4) The contract or interlocal agreement under this section may specify that a contracting election officer request, within a specified number of calendar days before the election, that the provider election officer conduct the election to allow adequate preparations by the provider election officer. (5) An election officer conducting an election may appoint or employ an agent or professional service to assist in conducting the election. Amended by Chapter 448, 2025 General Session

Utah Code § 20A-5-400.5 Election officer for bond and leeway elections.

20A-5-400.5. Election officer for bond and leeway elections. (1) When a voted leeway or bond election is held on the regular general election date, the county clerk shall serve as the provider election officer to conduct that election. (2) (a) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election is entirely within the boundaries of the unincorporated county, the county clerk shall serve as the provider election officer to conduct that election subject to Subsection (3). (b) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election is entirely within the boundaries of a municipality, the municipal clerk for that municipality shall, except as provided in Subsection (3), serve as the provider election officer to conduct that election. (c) When a voted leeway or bond election is held on the municipal general election date or any other election date permitted for special elections under Section 20A-1-204, and the local political subdivision calling the election extends beyond the boundaries of a single municipality: (i) except as provided in Subsection (3), the municipal clerk shall serve as the provider election officer to conduct the election for those portions of the local political subdivision where the municipal general election or other election is being held; and (ii) except as provided in Subsection (3), the county clerk shall serve as the provider election officer to conduct the election for the unincorporated county and for those portions of any municipality where no municipal general election or other election is being held. (3) When a voted leeway or bond election is held on a date when no other election, other than another voted leeway or bond election, is being held in the entire area comprising the local political subdivision calling the voted leeway or bond election: (a) the clerk or chief executive officer of a special district or the business administrator or superintendent of the school district, as applicable, shall serve as the election officer to conduct the bond election for those portions of the local political subdivision in which no other election, other than another voted leeway or bond election, is being held, unless the special district or school district has contracted with a provider election officer; and (b) the county clerk, municipal clerk, or both, as determined by the local political subdivision holding the bond election, shall serve as the provider election officer to conduct the bond election for those portions of the local political subdivision in which another election, other than another voted leeway or bond election, is being held. (4) A provider election officer required by this section to conduct an election for a local political subdivision shall comply with Section 20A-5-400.1. Amended by Chapter 15, 2023 General Session

Utah Code § 20A-5-401 Official register -- Preparation -- Contents.

20A-5-401. Official register -- Preparation -- Contents. (1) (a) Before the registration days for each regular general, municipal general, regular primary, municipal primary, or presidential primary election, each county clerk shall prepare an official register of all voters that will participate in the election. (b) The county clerk shall ensure that the official register is prepared and contains the following for each registered voter: (i) name; (ii) party affiliation; (iii) an entry field for a voter challenge, including the name of the individual making the challenge and the grounds for the challenge; (iv) election name and date; (v) date of birth; (vi) place of current residence; (vii) street address of current residence; (viii) zip code; (ix) identification and provisional ballot information as required under Subsection (1)(d); and (x) space for the voter to sign the voter's name for the election. (c) When preparing the official register for the presidential primary election, the county clerk shall include: (i) an entry field to record the name of the political party whose ballot the voter voted; and (ii) an entry field for the poll worker to record changes in the voter's party affiliation. (d) When preparing the official register for any regular general election, municipal general election, statewide special election, local special election, regular primary election, municipal primary election, special district election, or election for federal office, the county clerk shall include: (i) an entry field for the poll worker to record the type of identification provided by the voter; (ii) a space for the poll worker to record the provisional envelope ballot number for voters who receive a provisional ballot; and (iii) a space for the poll worker to record the type of identification that was provided by voters who receive a provisional ballot. (2) (a) (i) For regular and municipal elections, primary elections, regular municipal elections, special district elections, and bond elections, the county clerk shall make an official register only for voting precincts affected by the primary, municipal, special district, or bond election. (ii) If a polling place to be used in a bond election serves both voters residing in the local political subdivision calling the bond election and voters residing outside of that local political subdivision, the official register shall designate whether each voter resides in or outside of the local political subdivision. (iii) Each county clerk, with the assistance of the clerk of each affected special district, shall provide a detailed map or an indication on the registration list or other means to enable a poll worker to determine the voters entitled to vote at an election of special district officers. (b) Municipalities shall pay the costs of making the official register for municipal elections. Amended by Chapter 15, 2023 General Session

Utah Code § 20A-5-401.1 Voting instructions.

20A-5-401.1. Voting instructions. (1) Each election officer shall: (a) print instructions for voters; (b) ensure that the instructions are printed in English, and any other language required under the Voting Rights Act of 1965, as amended, in large clear type; and (c) ensure that the instructions inform voters: (i) about how to obtain, and how to return, ballots for voting; (ii) about special political party affiliation requirements for voting in a regular primary election or presidential primary election; (iii) about how to prepare ballots cast at a polling place for deposit in the ballot box; (iv) about how to prepare a mailed ballot for return; (v) about how to record write-in votes; (vi) about how to obtain a new ballot in the place of one spoiled by accident or mistake; (vii) about how to obtain assistance in marking ballots; (viii) about obtaining a new ballot if the voter's ballot is defaced; (ix) that identification marks or the spoiling or defacing of a ballot will make it invalid; (x) about how to obtain and vote a provisional ballot; (xi) about whom to contact to report election fraud; (xii) about applicable federal and state laws regarding: (A) voting rights and the appropriate official to contact if the voter alleges that the voter's rights have been violated; and (B) prohibitions on acts of fraud and misrepresentation; (xiii) about procedures governing mail-in registrants and first-time voters; and (xiv) about the date of the election and the hours that the polls are open on election day. (2) Each election officer shall: (a) provide the election judges of each voting precinct with sufficient instruction cards to instruct voters in the preparation of the voters' ballots; and (b) direct the election judges to post: (i) general voting instructions in each voting booth; (ii) at least three instruction cards at other locations in the polling place; and (iii) at least one sample ballot at the polling place. Renumbered and Amended by Chapter 329, 2026 General Session

Utah Code § 20A-5-401.2 Constitutional amendments -- Posting.

20A-5-401.2. Constitutional amendments -- Posting. (1) Whenever a constitutional amendment is submitted to a vote of the people for their approval or rejection, the county clerk shall: (a) cause the original section of the constitution to be printed on cards in large clear type with the changes to it indicated by bracketing and interlining any language proposed to be repealed and underlining any new language proposed to be inserted; and (b) place the question as it appears upon the official ballot after the original section. (2) If there is more than one amendment submitted, the clerk shall ensure that the proposed amendments are placed upon the cards in columns in the same order as they will appear upon the official ballot. (3) Each county clerk shall: (a) provide the election judges for each voting precinct with two constitutional amendment cards; and (b) direct the election judges to post the two constitutional amendment cards in and about the polling place. Renumbered and Amended by Chapter 329, 2026 General Session

Utah Code § 20A-5-403 Polling places -- Booths -- Ballot boxes -- Inspections -- Arrangements.

20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections -- Arrangements. (1) An election officer shall: (a) designate polling places for each voting precinct in the jurisdiction; and (b) obtain the approval of the county or municipal legislative body or special district governing board for those polling places. (2) (a) For each polling place, the election officer shall provide: (i) an American flag; (ii) a sufficient number of voting booths or compartments; (iii) the voting devices, voting booths, ballots, ballot boxes, and any other records and supplies necessary to enable a voter to vote; (iv) the constitutional amendment cards required by Part 1, Election Notices and Instructions; (v) the instructions required by Section 20A-5-102; and (vi) a sign, to be prominently displayed in the polling place, indicating that valid voter identification is required for every voter before the voter may vote and listing the forms of identification that constitute valid voter identification. (b) Each election officer shall ensure that: (i) each voting booth is at a convenient height for writing, and is arranged so that the voter can prepare the voter's ballot screened from observation; (ii) there are a sufficient number of voting booths or voting devices to accommodate the voters at that polling place; and (iii) there is at least one voting booth or voting device that is configured to accommodate persons with disabilities. (c) Each county clerk shall provide a ballot box for each polling place that is large enough to properly receive and hold the ballots to be cast. (3) (a) All polling places shall be physically inspected by each county clerk to ensure access by a person with a disability. (b) Any issues concerning inaccessibility to polling places by a person with a disability discovered during the inspections referred to in Subsection (3)(a) or reported to the county clerk shall be: (i) forwarded to the Office of the Lieutenant Governor; and (ii) within six months of the time of the complaint, the issue of inaccessibility shall be either: (A) remedied at the particular location by the county clerk; (B) the county clerk shall designate an alternative accessible location for the particular precinct; or (C) if no practical solution can be identified, file with the Office of the Lieutenant Governor a written explanation identifying the reasons compliance cannot reasonably be met. (4) (a) The municipality in which the election is held shall pay the cost of conducting each municipal election, including the cost of printing and supplies. (b) (i) Costs assessed by a county clerk to a municipality under this section may not exceed the actual costs incurred by the county clerk. (ii) The actual costs shall include: (A) costs of or rental fees associated with the use of election equipment and supplies; and (B) reasonable and necessary administrative costs. (5) The county clerk shall make detailed entries of all proceedings had under this chapter. (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time that an individual waits in line before the individual can vote at a polling place in the county, or return a mailed ballot to a polling place in the county, does not exceed 30 minutes. (b) The lieutenant governor may require a county clerk to submit a line management plan before the next election if an individual waits in line at a polling place in the county, or return a mailed ballot to a polling place in the county, longer than 30 minutes before the individual can vote. (c) The lieutenant governor may consider extenuating circumstances in deciding whether to require the county clerk to submit a plan described in Subsection (6)(b). (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b) and consult with the county clerk submitting the plan to ensure, to the extent possible, that the amount of time an individual waits in line before the individual can vote at a polling place in the county, or return a mailed ballot to a polling place in the county, does not exceed 30 minutes. Amended by Chapter 381, 2025 General Session

Utah Code § 20A-5-403.5 Ballot drop boxes -- Notice.

20A-5-403.5. Ballot drop boxes -- Notice. (1) An election officer: (a) shall designate at least one ballot drop box in each municipality and reservation located in the jurisdiction to which the election relates; (b) may designate additional ballot drop boxes for the election officer's jurisdiction; (c) shall clearly mark each ballot drop box as an official ballot drop box for the election officer's jurisdiction; (d) shall provide 24-hour recorded video surveillance, without audio, of each unattended ballot drop box; (e) shall post a sign on or near each unattended ballot drop box indicating that the ballot drop box is under 24-hour video surveillance; and (f) shall ensure that a camera, a video, or a recording of a video described in Subsection (1)(d) may only be accessed by: (i) the election officer; (ii) a custodian of the camera, video, or recording; (iii) the lieutenant governor; (iv) the legislative auditor general, when performing an audit; (v) a court of competent jurisdiction, by or pursuant to an order of the court; (vi) a registered voter who claims to have cast a ballot at an unattended ballot drop box, if the election officer informs the voter that the election officer never received the voter's ballot; or (vii) subject to Subsection (2)(b), and except as provided in Subsection (2)(c): (A) a candidate for an office that appears on a ballot, or an individual representing the candidate's campaign; (B) for a federal, statewide, or multicounty race, the chair of the state political party whose member is a candidate described in Subsection (1)(f)(vii)(A); (C) for a race where the officeholder is selected by voters entirely within one county, the chair of the county political party whose member is a candidate described in Subsection (1)(f)(vii)(A); or (D) the designee of a political party chair described in Subsection (1)(f)(vii)(B) or (C). (2) (a) An individual may not view a video, or a recording of a video, described in Subsection (1)(d), unless the individual: (i) is an individual described in Subsection (1)(f); and (ii) views the video to the extent necessary to: (A) ensure compliance with Subsection (1)(d), (1)(f), or (3); or (B) investigate a concern relating to ballots or the ballot box. (b) If an individual described in Subsection (1)(f)(vii) seeks to view a video recording described in Subsection (1)(d), the election officer may require the individual to view the video recording at the election officer's office during regular business hours. (c) An individual described in Subsection (1)(f)(vii) may not view a video recording described in Subsection (1)(d) after the time period for contesting the election to which the video recording relates ends. (3) The election officer, or the custodian of the recording: (a) shall keep a recording described in Subsection (1)(d) until at least the later of: (i) the last day of the calendar year in which the election was held; or (ii) if the election is contested, when the contest is resolved; and (b) may keep the video recording described in Subsection (1)(d) indefinitely. (4) Except as provided in Section 20A-1-308 or Subsection (7), the election officer shall, at least 28 calendar days before the date of the election, provide notice of the location of each ballot drop box designated under Subsection (1), by publishing notice for the jurisdiction holding the election, as a class A notice under Section 63G-30-102, for at least 28 calendar days before the day of the election. (5) Instead of including the location of ballot drop boxes, a notice required under Subsection (4) may specify the following sources where a voter may view or obtain a copy of all ballot drop box locations: (a) the jurisdiction's website; (b) the physical address of the jurisdiction's offices; and (c) a mailing address and telephone number. (6) The election officer shall include in the notice described in Subsection (4): (a) the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer's website, with a statement indicating that the election officer will post on the website the location of each ballot drop box, including any changes to the location of a ballot drop box and the location of additional ballot drop boxes; and (b) a phone number that a voter may call to obtain information regarding the location of a ballot drop box. (7) (a) Except as provided in Section 20A-1-308, the election officer may, after the deadline described in Subsection (4): (i) if necessary, change the location of a ballot drop box; or (ii) if the election officer determines that the number of ballot drop boxes is insufficient due to the number of registered voters who are voting, designate additional ballot drop boxes. (b) Except as provided in Section 20A-1-308, if an election officer changes the location of a ballot box or designates an additional ballot drop box location, the election officer shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or the additional ballot drop box location: (i) to the lieutenant governor, for posting on the Statewide Voter Information Website; (ii) by posting the information on the website of the election officer, if available; and (iii) by posting notice: (A) for a change in the location of a ballot drop box, at the new location and, if possible, the old location; and (B) for an additional ballot drop box location, at the additional ballot drop box location. (8) An election officer may, at any time, authorize two or more poll workers to remove a ballot drop box from a location, or to remove ballots from a ballot drop box for processing. (9) (a) At least two poll workers must be present when a poll worker collects ballots from a ballot drop box and delivers the ballots to the location where the ballots will be opened and counted. (b) An election officer shall ensure that the chain of custody of ballots placed in a ballot box are recorded and tracked from the time the ballots are removed from the ballot box until the ballots are delivered to the location where the ballots will be opened and counted. Amended by Chapter 6, 2025 Special Session 1

Utah Code § 20A-5-404 Election forms -- Preparation and contents.

20A-5-404. Election forms -- Preparation and contents. (1) (a) For each election, the election officer shall prepare, for each polling place: (i) forms for poll workers to record and verify security seals, ballots cast, and the number of voters who voted; and (ii) an official register or pollbook. (b) For each election, the election officer shall: (i) provide a copy of each form to each of those precincts using paper ballots; and (ii) provide a copy of the ballot disposition form and a pollbook to each of those voting precincts using an automated voting system. (2) The election officer shall ensure that the forms described in Subsection (1)(a)(i) include: (a) a space for the judges to identify: (i) the number of ballots voted; (ii) the number of registered voters listed in the official register or pollbook; and (iii) the total number of voters voting according to the official register or pollbook; and (b) a certification, in substantially the following form: "We, the undersigned, judges of an election held at ______ voting precinct, in _______ County, state of Utah, on __________(month\day\year), having first been sworn according to law, certify that the information in this form is a true statement of the number and names of the individuals voting in the voting precinct at the election, and that the total number of individuals voting at the election was ____. _____________________________ _____________________________ _____________________________ Judges of Election". (3) The election officer shall ensure that the official register or pollbook: (a) identifies the voting precinct number on the face of the official register or pollbook; and (b) contains: (i) a section to record individuals voting on election day; and (ii) a section in which to record voters who are challenged. Amended by Chapter 31, 2020 General Session

Utah Code § 20A-5-405 Election officer to provide ballots -- Notice of sample ballot.

20A-5-405. Election officer to provide ballots -- Notice of sample ballot. (1) An election officer shall: (a) provide ballots for every election of public officers in which the voters, or any of the voters, within the election officer's jurisdiction participate; (b) cause the name of every candidate whose nomination has been certified to or filed with the election officer in the manner provided by law to be included on each ballot; (c) cause any ballot proposition that has qualified for the ballot as provided by law to be included on each ballot; (d) ensure that the ballots are prepared and in the possession of the election officer at least seven calendar days before the commencement of early voting as described in Section 20A-3a-601; (e) allow candidates and their agents and the sponsors of ballot propositions that have qualified for the official ballot to inspect the ballots; (f) no later than 45 calendar days before the day of the election, make sample ballots available for inspection, in the same form as official ballots and that contain the same information as official ballots, by: (i) posting a copy of the sample ballot in the election officer's office; (ii) sending a copy of the sample ballot to: (A) each candidate listed on the ballot; and (B) the lieutenant governor; and (iii) providing a copy of the sample ballot for the jurisdiction holding the election, as a class A notice under Section 63G-30-102, for at least seven calendar days; (g) deliver a copy of the sample ballot to poll workers for each polling place and direct the poll workers to post the sample ballot as required by Section 20A-5-102; and (h) print and deliver, at the expense of the jurisdiction conducting the election, enough ballots, sample ballots, and instructions to meet the voting demands of the qualified voters in each voting precinct. (2) Instead of posting the entire sample ballot under Subsection (1)(f)(iii), the election officer may post a statement that: (a) is entitled, "sample ballot"; (b) includes the following: "A sample ballot for [indicate name of jurisdiction] for the upcoming [indicate type and date of election] may be obtained from the following sources:"; and (c) specifies the following sources where an individual may view or obtain a copy of the sample ballot: (i) if the jurisdiction has a website, the jurisdiction's website; (ii) the physical address of the jurisdiction's offices; and (iii) a mailing address and telephone number. (3) (a) Each election officer shall, without delay, correct any error discovered in any ballot, if the correction can be made without interfering with the timely distribution of the ballots. (b) (i) If the election officer discovers an error or omission in a manual ballot, and it is not possible to correct the error or omission, the election officer shall direct the poll workers to make the necessary corrections on the manual ballots before the ballots are distributed. (ii) If the election officer discovers an error or omission in an electronic ballot and it is not possible to correct the error or omission by revising the electronic ballot, the election officer shall direct the poll workers to post notice of each error or omission with instructions on how to correct each error or omission in a prominent position at each polling booth. (4) (a) If the election officer refuses or fails to correct an error or omission in a ballot, a candidate or a candidate's agent may file a verified petition with the district court asserting that: (i) an error or omission has occurred in: (A) the publication of the name or description of a candidate; (B) the preparation or display of an electronic ballot; or (C) the posting of sample ballots or the printing of official manual ballots; and (ii) the election officer has failed to correct or provide for the correction of the error or omission. (b) The district court shall issue an order requiring correction of any error in a ballot or an order to show cause why the error should not be corrected if it appears to the court that the error or omission has occurred and the election officer has failed to correct or provide for the correction of the error or omission. (c) A party aggrieved by the district court's decision may appeal the matter to the Utah Supreme Court within five days after the day on which the district court enters the decision. Amended by Chapter 448, 2025 General Session

Utah Code § 20A-5-406 Delivery of ballots.

20A-5-406. Delivery of ballots. (1) An election officer shall deliver manual ballots to the poll workers of each voting precinct in the election officer's jurisdiction in an amount sufficient to meet voting needs during the voting period. (2) For mechanical ballots, an election officer shall: (a) deliver the voting devices and mechanical ballots before voting commences at the polling place; (b) ensure that the voting devices, equipment, and mechanical ballots are properly secured before commencement of voting; (c) when mechanical ballots or voting devices containing mechanical ballots are delivered to a polling place, ensure that security procedures, developed by the election officer, are followed to document chain of custody and to prevent unauthorized access; and (d) repair or provide substitute voting devices, equipment, or electronic ballots, if available, if any poll worker reports that: (i) the voting devices or equipment were not delivered on time; (ii) the voting devices or equipment do not contain the appropriate electronic ballot information; (iii) the safety devices on the voting devices, equipment, or electronic ballots appear to have been tampered with; (iv) the voting devices or equipment do not appear to be functioning properly; or (v) after delivery, the voting devices, equipment, or electronic ballots were destroyed or stolen. Amended by Chapter 18, 2022 General Session

Utah Code § 20A-5-407 Election officer to provide ballot boxes.

20A-5-407. Election officer to provide ballot boxes. (1) Except as provided in Subsection (3), an election officer shall: (a) provide one ballot box with a lock and key for each polling place; and (b) deliver the ballot boxes, locks, and keys to the polling place before the polls open. (2) An election officer for a municipality or special district may obtain ballot boxes from the county clerk's office. (3) If locks and keys are unavailable, the election officer shall ensure that the ballot box lid is secured by tape. Amended by Chapter 15, 2023 General Session

Utah Code § 20A-5-408 Disposition of election returns.

20A-5-408. Disposition of election returns. (1) Each election officer shall produce the packages containing the election returns before the board of canvassers. (2) As soon as the returns are canvassed, the election officer shall file the election returns and papers produced before the board as required by Section 20A-4-202. Amended by Chapter 31, 2020 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title20A/Chapter5/20A-5-P4.html?v=C20A-5-P4_1800010118000101Fetched: 10/26/2026