Watchers

Utah Code tit. 20A, ch. 20A-3a, pt. 20A-3a-P8

in effect

Utah Code § 20A-3a-801 Watchers.

20A-3a-801. Watchers. (1) As used in this section: (a) "Administering election officer" means: (i) the election officer; or (ii) if the election officer is the lieutenant governor, the county clerk of the county in which an individual will act as a watcher. (b) "Candidate signature packet" means the same as that term is defined in Section 20A-9-401.1. (c) "Election process" means each process of an election, including a process described in Subsections (4) and (5). (2) (a) Any individual who is registered or preregistered to vote in Utah may, at any time, become a watcher of any election process in relation to an election by registering as a watcher with the administering election officer. (b) An individual who registers under Subsection (2)(a) is not required to be certified by a person under Subsection (3) in order to act as a watcher. (c) An individual who registers as a watcher shall notify the administering election officer of the dates, times, and locations that the individual intends to act as a watcher. (d) An election official may not prohibit a watcher from performing a function described in Subsection (4) because the watcher did not provide the notice described in Subsection (2)(c). (e) An administering election officer shall provide a copy of this section, or instructions on how to access an electronic copy of this section, to a watcher at the time the watcher registers under this Subsection (2). (3) (a) A person that is a candidate whose name will appear on the ballot, a qualified write-in candidate for the election, a registered political party, or a political issues committee may certify an individual as an official watcher for the person: (i) by filing an affidavit with the administering election officer responsible to designate an individual as an official watcher for the certifying person; and (ii) if the individual registers as a watcher under Subsection (2)(a). (b) A watcher who is certified by a person under Subsection (3)(a) may not perform the same function described in Subsection (4) at the same time and in the same location as another watcher who is certified by that person. (c) A watcher who is certified by a person under Subsection (3)(a) may designate another individual to serve in the watcher's stead during the watcher's temporary absence by filing with a poll worker an affidavit that designates the individual as a temporary replacement. (4) A watcher may: (a) observe the setup or takedown of a polling place; (b) observe a voter checking in at a polling place; (c) observe the collection, receipt, and processing of a ballot, including a provisional ballot or a ballot cast by a covered voter as defined in Section 20A-16-102; (d) observe the transport or transmission of a ballot that is in an election official's custody; (e) observe the opening and inspection of a manual ballot; (f) observe ballot replication; (g) observe the conduct of logic and accuracy testing described in Section 20A-5-802; (h) observe ballot tabulation; (i) observe the process of storing and securing a ballot; (j) observe a post-election audit; (k) observe a canvassing board meeting described in Chapter 4, Part 3, Canvassing Returns; (l) observe the certification of the results of an election; (m) observe a recount; or (n) observe signature verification: (i) of signatures on a return envelope containing a ballot; or (ii) relating to a candidate signature packet. (5) To observe signature verification relating to a candidate signature packet, a watcher may observe: (a) the receipt, initial review, and processing that occurs at the time an individual submits a candidate signature packet to an election officer; (b) all subsequent processing, handling, and securing of a candidate signature packet; (c) verification of signatures in a candidate signature packet; (d) the processing, handling, and securing of a written request to remove a signature from a candidate signature packet; (e) verification of a signature on a written request to remove a signature from a candidate signature packet; or (f) the removal of a signature from a candidate signature packet. (6) An administering election officer shall: (a) permit uniform, nondiscriminatory access for a watcher to observe each stage of an election process; (b) establish locations for a watcher to observe an event described in Subsection (4) or (5), other than an event described in Subsection (4)(d) or (k), from no further than six feet away; and (c) except for a county of the fourth, fifth, or sixth class, for any ballot adjudication, or upload of votes from a voting machine or scanner, that is conducted on a computer screen, project the activity onto a screen that is large enough to be viewed by each watcher. (7) (a) A watcher may not: (i) record an activity described in Subsection (4) if the recording would reveal a vote, violate a voter's right to cast a secret ballot, or otherwise violate a voter's privacy; (ii) record an activity described in Subsection (5), except that a watcher may take notes that do not include the name or other personal identifying information of an individual who signs a candidate signature packet or a written request to remove a signature from a candidate signature packet; (iii) interfere with an activity described in Subsection (4) or (5), except to challenge an individual's eligibility to vote under Section 20A-3a-803; (iv) divulge information related to the number of votes counted, tabulated, or cast for a candidate or ballot proposition until after the election officer makes the information public; or (v) divulge information related to: (A) the number of signatures collected to qualify a candidate for placement on a primary election ballot; or (B) the names or other personal identifying information of an individual who signs a candidate signature packet or a written request to remove a signature from a candidate signature packet. (b) A person who violates Subsection (7)(a)(iv) or (v) is guilty of a third degree felony. (8) (a) Notwithstanding Subsection (2)(a), (4), or (5), in order to maintain a safe working environment for an election official or to protect the safety or security of a ballot, an administering election officer may take reasonable action to: (i) limit the number of watchers at a single location; (ii) remove a watcher for violating a provision of this section; (iii) remove a watcher for interfering with an activity described in Subsection (4) or (5); (iv) designate areas for a watcher to reasonably observe the activities described in Subsection (4) or (5); or (v) ensure that a voter's ballot secrecy is protected throughout the watching process. (b) If an administering election officer limits the number of watchers at a single location under Subsection (8)(a)(i), the administering election officer shall give preferential access to the location to a watcher designated under Subsection (3). (c) An administering election officer may provide a watcher a badge that identifies the watcher and require the watcher to wear the badge while acting as a watcher. Amended by Chapter 448, 2025 General Session

Utah Code § 20A-3a-802 Definitions.

20A-3a-802. Definitions. As used in this part: (1) "Challenged voter" means an individual whose right to vote is challenged as provided in this part. (2) "Filer" means an individual who files a written statement challenging another individual's right to vote as provided in Section 20A-3a-804. Renumbered and Amended by Chapter 31, 2020 General Session

Utah Code § 20A-3a-803 Challenges to a voter's eligibility -- Basis for challenge -- Procedures.

20A-3a-803. Challenges to a voter's eligibility -- Basis for challenge -- Procedures. (1) An individual may challenge another individual's eligibility to vote on any of the following grounds: (a) the individual is not the individual in whose name the individual tries to vote; (b) the individual is not a resident of Utah; (c) the individual is not a citizen of the United States; (d) the individual has not or will not have resided in Utah for 30 calendar days immediately before the date of the election; (e) the individual's principal place of residence is not in the voting precinct that the individual claims; (f) the individual's principal place of residence is not in the geographic boundaries of the election area; (g) the individual has already voted in the election; (h) the individual is not at least the minimum age required to vote in the election; (i) the individual has been convicted of a misdemeanor for an offense under this title and the individual's right to vote in an election has not been restored under Section 20A-2-101.3; (j) the individual is a convicted felon and the voter's right to vote in an election has not been restored under Section 20A-2-101.5; or (k) in a regular primary election or presidential primary election, the individual does not meet the political party affiliation requirements for the ballot the individual seeks to vote. (2) An individual who challenges another individual's right to vote in an election shall make the challenge in accordance with: (a) Section 20A-3a-804, for a challenge that is not made in person at the time an individual votes; or (b) Section 20A-3a-805, for challenges made in person at the time an individual votes. Amended by Chapter 448, 2025 General Session

Utah Code § 20A-3a-804 Pre-election challenges to a voter's eligibility in writing -- Procedure -- Form of challenge.

20A-3a-804. Pre-election challenges to a voter's eligibility in writing -- Procedure -- Form of challenge. (1) (a) An individual may challenge an individual's eligibility to vote by filing a written statement with the election officer in accordance with Subsection (1)(b) that: (i) lists the name and address of the individual filing the challenge; (ii) for each individual who is challenged: (A) identifies the name of the challenged individual; (B) lists the last known address or telephone number of the challenged individual; (C) provides the basis for the challenge, as provided under Section 20A-3a-803; (D) provides facts and circumstances supporting the basis provided; and (E) may include supporting documents, affidavits, or other evidence; and (iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that: (A) the filer exercised due diligence to personally verify the facts and circumstances establishing the basis for the challenge; and (B) according to the filer's personal knowledge and belief, the basis for the challenge under Section 20A-3a-803 for each challenged individual is valid. (b) An individual who files a written statement under Subsection (1)(a) shall file the written statement during the election officer's regular business hours: (i) at least 45 calendar days before the day of the election; or (ii) if the challenge is to an individual who registered to vote between the day that is 45 calendar days before the election and the day of the election: (A) on or before the day of the election; and (B) before the individual's ballot is removed from a ballot envelope or otherwise separated from any information that could be used to identify the ballot as the individual's ballot. (c) The challenge may not be based on unsupported allegations or allegations by an anonymous individual. (d) An election officer may require an individual who files a challenge under this section to file the challenge on a form provided by the election officer that meets the requirements of this section. (2) If the challenge is not in the proper form, is incomplete, or if the basis for the challenge does not meet the requirements of this part, the election officer shall dismiss the challenge and notify the filer in writing of the reasons for the dismissal. (3) (a) Upon receipt of a challenge that meets the requirements for filing under this section, the election officer shall attempt to notify each challenged individual in accordance with Subsection (3)(b): (i) at least 28 calendar days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) within one business day, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) The election officer shall attempt to notify each challenged individual: (i) that a challenge has been filed against the challenged individual; (ii) that the challenged individual may be required to cast a provisional ballot at the time the individual votes if the individual votes in person; (iii) that if the individual votes by mail, the individual's ballot will be treated as a provisional ballot unless the challenge is resolved; (iv) of the basis for the challenge, which may include providing a copy of the challenge the filer filed with the election officer; and (v) that the challenged individual may submit information, a sworn statement, supporting documents, affidavits, or other evidence supporting the challenged individual's eligibility to vote in the election to the election officer no later than: (A) 21 calendar days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (B) five calendar days before the day on which the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (4) (a) The election officer shall determine whether each challenged individual is eligible to vote before the day on which: (i) early voting commences, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) (i) The filer has the burden to prove, by clear and convincing evidence, that the basis for challenging the individual's eligibility to vote is valid. (ii) The election officer shall resolve the challenge based on the available facts and information submitted, which may include voter registration records and other documents or information available to the election officer. (5) An individual who files a challenge in accordance with the requirements of this section is subject to criminal penalties for false statements as provided under Sections 76-8-503 and 76-8-504 and any other applicable criminal provision. (6) (a) A challenged individual may appeal an election officer's decision regarding the individual's eligibility to vote to the district court having jurisdiction over the location where the challenge was filed. (b) The district court shall uphold the decision of the election officer unless the district court determines that the decision was arbitrary, capricious, or unlawful. (c) In making the district court's determination, the district court's review is limited to: (i) the information filed under Subsection (1)(a) by the filer; (ii) the information submitted under Subsection (3)(b)(v) by the challenged individual; and (iii) any additional facts and information used by the election official to determine whether the challenged individual is eligible to vote, as indicated by the election official. (7) A challenged individual may register to vote or change the location of the individual's voter registration if otherwise permitted by law. (8) A document pertaining to a challenge filed under this section is a public record. Amended by Chapter 448, 2025 General Session

Utah Code § 20A-3a-805 Challenges to a voter's eligibility at polling place -- Procedure.

20A-3a-805. Challenges to a voter's eligibility at polling place -- Procedure. (1) (a) A poll worker, a watcher, or an individual who resides in the jurisdiction to which the election relates may, at a polling place, challenge an individual's eligibility to vote a particular ballot or to vote in that election if: (i) the individual making the challenge and the challenged individual are both present at the polling place at the time the challenge is made; and (ii) the challenge is made before the challenged individual applies for a ballot. (b) An individual may make a challenge by orally stating the challenged individual's name and the basis for the challenge, as provided under Section 20A-3a-803. (2) The poll worker shall record a challenge in the official register or on the challenge sheets in the pollbook, including: (a) the name of the challenged individual; (b) the name of the individual making the challenge; and (c) the basis upon which the challenge is made. (3) If an individual's eligibility to vote is challenged under this section, the poll worker shall follow the procedures and requirements of Section 20A-3a-205. Renumbered and Amended by Chapter 31, 2020 General Session

Utah Code § 20A-3a-806 Election official or watcher revealing vote.

20A-3a-806. Election official or watcher revealing vote. (1) It is unlawful for an election official or watcher to reveal to another person the name of a candidate or ballot proposition for whom a voter has voted or to communicate to another person the election official or watcher's opinion, belief, or impression regarding for whom or what a voter has voted. (2) A person who violates this section is guilty of a class A misdemeanor. Renumbered and Amended by Chapter 31, 2020 General Session

Utah Code § 20A-3a-807 Notification of ballot processes.

20A-3a-807. Notification of ballot processes. (1) As used in this section, "ballot process" includes: (a) signature verification; (b) opening ballots; (c) scanning ballots; (d) adjudicating ballots; (e) replicating damaged or defective ballots; or (f) tabulating votes. (2) A county clerk shall: (a) beginning at least three calendar days before the day on which the county clerk begins mailing ballots for an election, and ending on the first day of the canvass, post on the county clerk's website a schedule of the hours, over the next three calendar days, during which the county clerk plans to conduct one or more ballot processes; and (b) update any changes to the schedule at least 24 hours before the clerk modifies the hours. Amended by Chapter 448, 2025 General Session

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title20A/Chapter3A/20A-3a-P8.html?v=C20A-3a-P8_2020051220200512Fetched: 10/26/2026