20A-3a-402. Custody of ballots voted at a polling place -- Disposition -- Counting ballots -- Release of tally.

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

Effective 5/7/2025

(1)For ballots voted at a polling place:

(a)the election officer shall deliver all return envelopes containing valid ballots and valid provisional ballots that are in the election officer's custody to the counting center before noon on the day of the official canvass following the election;

(b)valid ballots, including valid provisional ballots, may be processed and counted:

(i)by the election officer, or poll workers acting under the supervision of the election officer, before the date of the canvass; and

(ii)at the canvass, by the election officer or poll workers, acting under the supervision of the official canvassers of the election;

(c)when processing ballots, the election officer and poll workers shall comply with the procedures and requirements of this part in opening envelopes, verifying signatures if applicable, confirming eligibility of the ballots, and depositing ballots in preparation for counting; and

(d)all valid ballots, including valid provisional ballots have been deposited, the ballots shall be counted in the usual manner.

(a)After the polls close on the date of the election, the election officer shall publicly release the results of all ballots, including provisional ballots, that have been counted on or before the date of the election.

(b)Except as provided in Subsection (2)(c) , on each day, beginning on the day after the date of the election and ending on the day before the date of the canvass, the election officer shall publicly release the results of all ballots, including provisional ballots, counted on that day.

(i)If complying with Subsection (2)(b) on a particular day will likely result in disclosing a vote cast by an individual voter, the election officer shall request permission from the lieutenant governor to delay compliance for the minimum number of days necessary to protect against disclosure of the voter's vote.

(ii)The lieutenant governor shall grant a request made under Subsection (2)(c)(i) if the lieutenant governor finds that the delay is necessary to protect against disclosure of a voter's vote.

(d)On the date of the canvass, the election officer shall provide a tally of all ballots, including provisional ballots, counted, and the resulting tally shall be added to the official canvass of the election.

Amended by Chapter 381 , 2025 General Session