Counting Ballots and Tabulating Results

Utah Code tit. 20A, ch. 20A-4, pt. 20A-4-P1

in effect

Utah Code § 20A-4-101 Manual ballots cast at a polling place -- Counting manual ballots at polling place on day of election before polls close.

20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at polling place on day of election before polls close. (1) Each county legislative body, municipal legislative body, and each poll worker shall comply with the requirements of this section when counting manual ballots on the day of an election, if: (a) the ballots are cast at a polling place; and (b) the ballots are counted at the polling place before the polls close. (2) (a) Each county legislative body or municipal legislative body shall provide: (i) two sets of ballot boxes for all voting precincts where both receiving and counting judges have been appointed; and (ii) a counting room for the use of the poll workers counting the ballots during the day. (b) At any election in any voting precinct in which both receiving and counting judges have been appointed, when at least 20 votes have been cast, the receiving judges shall: (i) close the first ballot box and deliver it to the counting judges; and (ii) prepare and use another ballot box to receive voted ballots. (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting judges shall: (i) take the ballot box to the counting room; (ii) count the votes on the regular ballots in the ballot box; (iii) place the provisional ballot envelopes in the envelope or container provided for them for return to the election officer; and (iv) when they have finished counting the votes in the ballot box, return the emptied box to the receiving judges. (d) (i) During the course of election day, whenever there are at least 20 ballots contained in a ballot box, the receiving judges shall deliver that ballot box to the counting judges for counting; and (ii) the counting judges shall immediately count the regular ballots and segregate the provisional ballots contained in that box. (e) The counting judges shall continue to exchange the ballot boxes and count ballots until the polls close. (f) (i) The director of elections within the Office of the Lieutenant Governor shall make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, describing the procedures that a counting judge is required to follow for counting ballots in an instant runoff voting race under Part 6, Municipal Alternate Voting Methods Pilot Project. (ii) When counting ballots in an instant runoff voting race described in Part 6, Municipal Alternate Voting Methods Pilot Project, a counting judge shall comply with the procedures established under Subsection (2)(f)(i) and Part 6, Municipal Alternate Voting Methods Pilot Project. (3) To resolve questions that arise during the counting of ballots, a counting judge shall apply the standards and requirements of: (a) to the extent applicable, Section 20A-4-105; and (b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5). Amended by Chapter 342, 2022 General Session

Utah Code § 20A-4-102 Manual ballots cast at a polling place -- Counting manual ballots at polling place on day of election after polls close.

20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at polling place on day of election after polls close. (1) (a) This section governs counting manual ballots on the day of an election, if: (i) the ballots are cast at a polling place; and (ii) the ballots are counted at the polling place after the polls close. (b) Except as provided in Subsection (2) or a rule made under Subsection 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted, the election judges shall count the ballots by performing the tasks specified in this section in the order that they are specified. (c) To resolve questions that arise during the counting of ballots, a counting judge shall apply the standards and requirements of: (i) to the extent applicable, Section 20A-4-105; and (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5). (2) (a) First, the election judges shall count the number of ballots in the ballot box. (b) (i) If there are more ballots in the ballot box than there are names entered in the pollbook, the judges shall examine the official endorsements on the ballots. (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper official endorsement, the judges shall put those ballots in an excess ballot file and not count them. (c) (i) If, after examining the official endorsements, there are still more ballots in the ballot box than there are names entered in the pollbook, the judges shall place the remaining ballots back in the ballot box. (ii) One of the judges, without looking, shall draw a number of ballots equal to the excess from the ballot box. (iii) The judges shall put those excess ballots into the excess ballot envelope and not count them. (d) When the ballots in the ballot box equal the number of names entered in the pollbook, the judges shall count the votes. (3) The judges shall: (a) place all unused ballots in the envelope or container provided for return to the county clerk or city recorder; and (b) seal that envelope or container. (4) The judges shall: (a) place all of the provisional ballot envelopes in the envelope provided for them for return to the election officer; and (b) seal that envelope or container. (5) (a) In counting the votes, the election judges shall read and count each ballot separately. (b) In regular primary elections the judges shall: (i) count the number of ballots cast for each party; (ii) place the ballots cast for each party in separate piles; and (iii) count all the ballots for one party before beginning to count the ballots cast for other parties. (6) (a) In all elections, the counting judges shall, except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection 20A-4-101(2)(f)(i): (i) count one vote for each candidate designated by the marks in the squares next to the candidate's name; (ii) count each vote for each write-in candidate who has qualified by filing a declaration of candidacy under Section 20A-9-601; (iii) read every name marked on the ballot and mark every name upon the tally sheets before another ballot is counted; (iv) evaluate each ballot and each vote based on the standards and requirements of Section 20A-4-105; (v) write the word "spoiled" on the back of each ballot that lacks the official endorsement and deposit it in the spoiled ballot envelope; and (vi) read, count, and record upon the tally sheets the votes that each candidate and ballot proposition received from all ballots, except excess or spoiled ballots. (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or persons clearly not eligible to qualify for office. (c) The judges shall certify to the accuracy and completeness of the tally list in the space provided on the tally list. (d) When the judges have counted all of the voted ballots, they shall record the results on the total votes cast form. (7) (a) Except as provided in Subsection (7)(b), only an election judge and a watcher may be present at the place where counting is conducted until the count is completed. (b) (i) An auditor conducting an audit described in Section 36-12-15.2 may be present at the place where counting is conducted, regardless of whether the count is completed. (ii) The lieutenant governor may be present at the place where counting is conducted, regardless of whether the count is completed. Amended by Chapter 156, 2023 General Session Amended by Chapter 297, 2023 General Session

Utah Code § 20A-4-103 Preparing ballots cast at a polling place for the counting center.

20A-4-103. Preparing ballots cast at a polling place for the counting center. (1) This section governs the preparation of ballots for the counting center when the ballots are cast at a polling place. (2) (a) As soon as the polls have been closed and the last qualified voter has voted, the poll workers shall prepare the ballots for delivery to the counting center as provided in this section. (b) The poll workers, election officers, and other persons may not manually count any votes before delivering the ballots to the counting center. (3) The poll workers shall: (a) complete the statement of disposition of ballots and all other forms required by the election officer; (b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a sealed container; (c) place all provisional ballots in the container provided for returning provisional ballots to the counting center and seal the container; and (d) deliver to the counting center: (i) the items described in Subsections (3)(a) through (c); and (ii) any other items required by the election officer. Amended by Chapter 31, 2020 General Session

Utah Code § 20A-4-104 Counting ballots electronically -- Notice of testing tabulating equipment.

20A-4-104. Counting ballots electronically -- Notice of testing tabulating equipment. (1) (a) No later than 21 calendar days before the day of an election, and no earlier than 10 calendar days after the day on which the election officer provides notice under Subsection (1)(c), the election officer shall, in accordance with this Subsection (1) and rules made by the director of elections under Subsection 20A-1-108(1), before beginning to count ballots using automatic tabulating equipment, test the automatic tabulating equipment to ensure that the equipment will accurately count the votes cast for all offices and all measures. (b) No later than the day of the canvass for the election, after counting ballots using automatic tabulating equipment is completed, the election officer shall, in accordance with this Subsection (1) and rules made by the chief election officer under Subsection 20A-1-108(1), test the automatic tabulating equipment to ensure that the equipment accurately counted votes cast for all offices and measures. (c) The election officer shall provide public notice of the time and place of the tests described in Subsections (1)(a) and (b) by publishing the notice in the notice of election described in Section 20A-5a-202. (d) The election officer shall conduct the test described in Subsection (1)(a) by processing a preaudited group of ballots. (e) The election officer shall ensure that: (i) a predetermined number of valid votes for each candidate and measure are recorded on the ballots; (ii) for each office, one or more ballots have votes in excess of the number allowed by law in order to test the ability of the automatic tabulating equipment to reject those votes; and (iii) a different number of valid votes are assigned to each candidate for an office, and for and against each measure. (f) If any error is detected, the election officer shall determine the cause of the error and correct it. (g) The election officer shall ensure that the automatic tabulating equipment produces an errorless count: (i) before beginning the actual counting; and (ii) before the canvass for the election. (2) (a) The election officer or the election officer's designee shall supervise and direct all proceedings at the counting center. (b) (i) Proceedings at the counting center are public and may be observed by interested persons. (ii) Only those persons authorized to participate in the count may touch any ballot or return. (c) The election officer shall deputize and administer an oath or affirmation to all persons who are engaged in processing and counting the ballots that they will faithfully perform their assigned duties. (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the automatic tabulating equipment, the election officer shall ensure that two counting judges jointly: (i) make a true replication of the ballot with an identifying serial number; (ii) substitute the replicated ballot for the damaged or defective ballot; (iii) label the replicated ballot "replicated"; and (iv) record the replicated ballot's serial number on the damaged or defective ballot. (b) The lieutenant governor shall provide to each election officer a standard form on which the election officer shall maintain a log of all replicated ballots, that includes, for each ballot: (i) the serial number described in Subsection (3)(a); (ii) the identification of the individuals who replicated the ballot; (iii) the reason for the replication; and (iv) any other information required by the lieutenant governor. (c) An election officer shall: (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as ballots are replicated; (ii) at the end of each day during which one or more ballots are replicated, make an electronic copy of the log; and (iii) retain and preserve each electronic copy made under Subsection (3)(c)(ii) in accordance with Subsection 20A-2-202(3). (4) The election officer may: (a) conduct an unofficial count before conducting the official count in order to provide early unofficial returns to the public; (b) release unofficial returns from time to time after the polls close; and (c) report the progress of the count for each candidate during the actual counting of ballots. (5) Beginning on the day after the date of the election, if an election officer releases early unofficial returns or reports the progress of the count for each candidate under Subsection (4), the election officer shall, with each release or report, disclose an estimate of the total number of voted ballots in the election officer's custody that have not yet been counted. (6) The election officer shall review and evaluate the provisional ballot envelopes and prepare any valid provisional ballots for counting as provided in Section 20A-4-107. (7) (a) The election officer or the election officer's designee shall: (i) separate, count, and tabulate any ballots containing valid write-in votes; and (ii) complete the standard form provided by the clerk for recording valid write-in votes. (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast more votes for an office than that voter is entitled to vote for that office, the poll workers shall count the valid write-in vote as being the obvious intent of the voter. (8) (a) The election officer shall certify the return printed by the automatic tabulating equipment, to which have been added write-in and absentee votes, as the official return of each voting precinct. (b) Upon completion of the count, the election officer shall make official returns open to the public. (9) If for any reason it becomes impracticable to count all or a part of the ballots with tabulating equipment, the election officer may direct that they be counted manually according to the procedures and requirements of this part. (10) After the count is completed, the election officer shall seal and retain the programs, test materials, and ballots as provided in Subsection 20A-4-202(2). Amended by Chapter 329, 2026 General Session

Utah Code § 20A-4-105 Standards and requirements for evaluating voter's ballot choice.

20A-4-105. Standards and requirements for evaluating voter's ballot choice. (1) (a) An election officer shall ensure that when a question arises regarding a vote recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, in accordance with the requirements of this section. (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that is adjudicated under this section, the counting judges may not count the vote. (c) An election officer shall store adjudicated ballots separately from other ballots to enable a court to review the ballots if the election is challenged in court. (2) Except as provided in Subsection (10), Subsection 20A-3a-204(7), or Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter marks more names than there are individuals to be elected to an office, or if the counting judges cannot determine a voter's choice for an office, the counting judges may not count the voter's vote for that office. (3) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, the counting judges shall count a defective or incomplete mark on a manual ballot if: (a) the defective or incomplete mark is in the proper place; and (b) there is no other mark or cross on the ballot indicating the voter's intent to vote other than as indicated by the incomplete or defective mark. (4) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, the counting judges may not reject a ballot marked by the voter because of marks on the ballot other than those marks allowed by this section unless the extraneous marks on a ballot show an intent by an individual to mark the individual's ballot so that the individual's ballot can be identified. (5) (a) In counting the ballots, the counting judges shall give full consideration to the intent of the voter. (b) The counting judges may not invalidate a ballot because of mechanical or technical defects in voting or failure on the part of the voter to follow strictly the rules for balloting required by Chapter 3a, Voting. (6) The counting judges may not reject a ballot because of an error in: (a) stamping or writing an official endorsement; or (b) delivering the wrong ballots to a polling place. (7) The counting judges may not count a manual ballot that does not have the official endorsement by an election officer. (8) The counting judges may not count a ballot proposition vote or candidate vote for which the voter is not legally entitled to vote, as defined in Section 20A-4-107. (9) If the counting judges discover that the name of a candidate is misspelled on a ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is apparent that the voter intended to vote for the candidate. (10) The counting judges shall count a vote for the president and the vice president of any political party as a vote for the presidential electors selected by the political party. (11) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, in counting the valid write-in votes, if, by casting a valid write-in vote, a voter has cast more votes for an office than that voter is entitled to vote for that office, the counting judges shall count the valid write-in vote as being the obvious intent of the voter. Amended by Chapter 381, 2025 General Session

Utah Code § 20A-4-106 Manual ballots -- Sealing.

20A-4-106. Manual ballots -- Sealing. (1) After the official canvas of an election, the election officer shall store all election returns in containers that identify the containers' contents. (2) After the ballots are stored under Subsection (1), the ballots may not be examined by anyone, except as follows: (a) when examined during a recount conducted under the authority of Section 20A-4-401 or Part 6, Municipal Alternate Voting Methods Pilot Project; (b) an auditor conducting an audit described in Section 36-12-15.2 may examine the ballots: (i) if the audit uncovers evidence that raises a substantial doubt regarding the accuracy of the results of an election, the auditor may examine the ballots until the later of: (A) the end of the calendar year in which the election was held; or (B) if the election is contested, when the contest is resolved; or (ii) at any time via a subpoena or other legal process; or (c) the lieutenant governor may examine the ballots: (i) until the later of: (A) the last day of the calendar year in which the election was held; or (B) if the election is contested, when the contest is resolved; or (ii) at any time via a subpoena or other legal process. Amended by Chapter 6, 2025 Special Session 1

Utah Code § 20A-4-107 Review and disposition of provisional ballot envelopes.

20A-4-107. Review and disposition of provisional ballot envelopes. (1) As used in this section, an individual is "legally entitled to vote" if: (a) the individual: (i) is registered to vote in the state; (ii) votes the ballot for the voting precinct in which the individual resides; and (iii) provides valid voter identification to the poll worker; (b) the individual: (i) is registered to vote in the state; (ii) (A) provided valid voter identification to the poll worker; or (B) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register but the county clerk verifies the individual's identity and residence through some other means; and (iii) did not vote in the individual's precinct of residence, but the ballot that the individual voted was from the individual's county of residence and includes one or more candidates or ballot propositions on the ballot voted in the individual's precinct of residence; or (c) the individual: (i) is registered to vote in the state; (ii) either failed to provide valid voter identification or the documents provided as valid voter identification were inadequate and the poll worker recorded that fact in the official register; and (iii) (A) the county clerk verifies the individual's identity and residence through some other means as reliable as photo identification; or (B) the individual provides valid voter identification to the county clerk or an election officer who is administering the election before noon on the last business day before the day of the applicable canvass. (2) (a) Upon receipt of a provisional ballot form, the election officer shall review the affirmation on the provisional ballot form and determine if the individual signing the affirmation is: (i) registered to vote in this state; and (ii) legally entitled to vote: (A) the ballot that the individual voted; or (B) if the ballot is from the individual's county of residence, for at least one ballot proposition or candidate on the ballot that the individual voted. (b) Except as provided in Section 20A-2-207, if the election officer determines that the individual is not registered to vote in this state or is not legally entitled to vote in the county or for any of the ballot propositions or candidates on the ballot that the individual voted, the election officer shall retain the ballot form, uncounted, for the period specified in Subsection 20A-4-202(2) unless ordered by a court to produce or count it. (c) If the election officer determines that the individual is registered to vote in this state and is legally entitled to vote in the county and for at least one of the ballot propositions or candidates on the ballot that the individual voted, the election officer shall place the provisional ballot with the regular ballots to be counted with those ballots at the canvass. (d) The election officer may not count, or allow to be counted a provisional ballot unless the individual's identity and residence is established by a preponderance of the evidence. (3) If the election officer determines that the individual is registered to vote in this state, or if the voter registers to vote in accordance with Section 20A-2-207, the election officer shall ensure that the voter registration records are updated to reflect the information provided on the provisional ballot form. (4) Except as provided in Section 20A-2-207, if the election officer determines that the individual is not registered to vote in this state and the information on the provisional ballot form is complete, the election officer shall: (a) consider the provisional ballot form a voter registration form for the individual's county of residence; and (b) (i) register the individual if the individual's county of residence is within the county; or (ii) forward the voter registration form to the election officer of the individual's county of residence, which election officer shall register the individual. (5) Notwithstanding any provision of this section, the election officer shall place a provisional ballot with the regular ballots to be counted with those ballots at the canvass, if: (a) (i) the election officer determines, in accordance with the provisions of this section, that the sole reason a provisional ballot may not otherwise be counted is because the voter registration was filed less than 11 days before the election; (ii) 11 or more days before the election, the individual who cast the provisional ballot: (A) completed and signed the voter registration; and (B) provided the voter registration to another person to file; (iii) the late filing was made due to the individual described in Subsection (5)(a)(ii)(B) filing the voter registration late; and (iv) the election officer receives the voter registration before 5 p.m. no later than one day before the day of the election; or (b) the provisional ballot is cast on or before election day and is not otherwise prohibited from being counted under the provisions of this chapter. Amended by Chapter 408, 2026 General Session

Utah Code § 20A-4-109 Ballot reconciliation -- Rulemaking authority.

20A-4-109. Ballot reconciliation -- Rulemaking authority. (1) In accordance with this section and rules made under Subsection (2), an election officer whose office processes ballots shall: (a) conduct ballot reconciliations: (i) at the end of each day on which ballots are tabulated; or (ii) if ballot tabulation of a grouping of ballots continues past midnight, as soon as the office finishes tabulating those ballots; (b) conduct a final ballot reconciliation when an election officer concludes processing all ballots; (c) document each ballot reconciliation; (d) publicly release the results of each ballot reconciliation; and (e) in conducting ballot reconciliations: (i) ensure that the sum of the number of uncounted verified ballots and the number of ballots tabulated is equal to the number of voters given credit for voting; or (ii) if the sum described in Subsection (1)(e)(i) is not equal to the number of voters given credit for voting, account for and explain the differences in the numbers. (2) The director of elections within the Office of the Lieutenant Governor may make rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing procedures and requirements for conducting, documenting, and publishing a ballot reconciliation. Amended by Chapter 6, 2025 Special Session 1

Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title20A/Chapter4/20A-4-P1.html?v=C20A-4-P1_1800010118000101Fetched: 10/26/2026