13-1-303. Disposition of ballots and other election materials.

219 words·~1 min read·/mt/title-13/chapter-1/part-3/13-1-303

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

13-1-303 . Disposition of ballots and other election materials.

(a)Except for a federal election and as provided in 13-15-301 (2), the voted ballots, detached stubs, unvoted ballots, and unused ballots from an election must be kept in the unopened packages received from the election judges for a period of 12 months. The packages may be opened only when an order for opening is given by the proper official either for a recount procedure or to process provisional ballots.

(b)The voted ballots, detached stubs, unvoted ballots, and unused ballots from a federal election must be retained in the unopened packages received from the election judges for a period of 22 months. The packages may be opened only as provided in subsection (1)(a) or for a postelection random-sample audit of vote-counting machines.

(c)An election administrator may dispose of the ballots as provided in subsection

(2)if after the time periods provided for in this subsection (1), there is no:

(i)contest begun;

(ii)recount pending; or

(iii)appeal of a decision relating to a contest, a recount, or a postelection random-sample audit.

(2)Each election administrator shall prepare a plan for retention and destruction of election records in the county according to the retention schedules established by the local government records committee provided for in 2-6-1201 .