20A-16-102. Definitions.

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

Effective 5/3/2023

As used in this chapter:

(1)"Covered voter" means an individual who:

(a)satisfies Utah's voter eligibility requirements that do not relate to residency;

(b)is not registered to vote in a state other than Utah;

(c)is absent from the United States on the day of the election; and

(i)is a resident of Utah under Section 20A-2-105 , but is absent from the United States on election day because the individual:

(A)is a uniformed service voter; or

(B)temporarily resides outside the United States;

(ii)is a foreign United States citizen who:

(A)before establishing a principal place of residence outside the United States, established a principal place of residence in Utah; and

(B)did not, after leaving Utah, register to vote in a state other than Utah or establish a principal place of residence in a state other than Utah; or

(iii)is a foreign United States citizen:

(A)who has never registered to vote in a state other than Utah;

(B)who has never established a principal place of residence in the United States; and

(C)whose parent, legal guardian, spouse, or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's most recent United States principal place of residence in Utah.

(2)"Dependent" means an individual recognized as a dependent by a uniformed service.

(3)"Federal postcard application" means the application prescribed under the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Sec. 20301(b)(2).

(4)"Federal write-in absentee ballot" means the ballot described in the Uniformed and Overseas Citizens Absentee Voting Act, 52 U.S.C. Sec. 20303(a)(1).

(5)"Foreign United States citizen" means a citizen of the United States whose principal place of residence is outside the United States.

(6)"Military-overseas ballot" means:

(a)a federal write-in absentee ballot;

(b)a ballot specifically prepared or distributed for use by a covered voter in accordance with this chapter; or

(c)a ballot cast by a covered voter in accordance with this chapter.

(7)"Overseas voter" means a United States citizen who, on the day of the applicable election, is:

(a)voting age; and

(b)absent from the United States.

(8)"State" means a state of the United States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, or American Samoa.

(9)"Uniformed service" means:

(a)active and reserve components of the armed forces as defined in Section 68-3-12.5 ;

(b)the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States; or

(c)the National Guard.

(10)"Uniformed-service voter" means an individual who is qualified to vote and is:

(a)a member of the active or reserve components of the armed forces who is on active duty;

(b)a member of the Merchant Marine, the commissioned corps of the Public Health Service, or the commissioned corps of the National Oceanic and Atmospheric Administration of the United States;

(c)a member on activated status of the National Guard; or

(d)a spouse or dependent of a member referred to in Subsections (10)(a) through

(c).

(11)"United States," when used in the territorial sense, means the several states, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and American Samoa.

Amended by Chapter 215 , 2023 General Session