63G-2-210. Access to and use of voter or election information by a government officer.
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Effective 3/18/2026
63G-2-210. Access to and use of voter or election information by a government officer.
(1)As used in this section, "government officer" means:
(a)an elected official; or
(b)an officer, employee, volunteer, or agent of a governmental entity.
(2)A government officer may not:
(a)disclose, or attempt to discover, any information from a ballot cast by an identifiable voter;
(b)except as provided in Subsection
(3), disclose in relation to an identifiable voter:
(i)the method by which the voter voted or returned a ballot;
(ii)when or where the voter voted;
(iii)how or when the voter's ballot was received;
(iv)whether a ballot was mailed to the voter;
(v)whether the voter placed postage on a return envelope; or
(vi)any information from the return envelope of a voter.
(3)Subsection
(2)does not prohibit the disclosure, in mass, of the information disclosed in accordance with Title 20A, Chapter 2, Part 6, Provision and Protection of Voter Data.
(4)Except as provided in Subsection
(5), a government officer who, due to the government officer's position as a government officer, has access to election records, may not access, use, copy, or release the information except to the extent that the access, use, copying, or release:
(a)is reasonably related to a duty of the government officer;
(b)is in accordance with the requirements of law; and
(c)is not done for a primarily personal purpose, including:
(i)a political purpose;
(ii)furthering the government officer's personal agenda; or
(iii)a purpose relating to the government officer's private business, hobbies, or personal interests.
(5)Subsection
(4)does not prevent a government officer from accessing, using, copying, or releasing government information in the same manner available to a member of the general public, including by filing a record request under Section 20A-2-603 , 20A-2-604 , or 63G-2-204 .
Amended by Chapter 102 , 2026 General Session