Section 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 by the close of normal office hours on Monday after the date of the election.(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 Section 20A-4-202 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 31, 2020 General Session ,§ 73, eff. 5/12/2020.Amended by Chapter 255, 2019 General Session ,§ 50, eff. 5/14/2019.Amended by Chapter 281, 2018 General Session ,§ 24, eff. 5/8/2018.Amended by Chapter 80, 2018 General Session ,§ 1, eff. 5/8/2018.Amended by Chapter 206, 2018 General Session ,§ 18,§ 21,§ 22, eff. 5/8/2018.Amended by Chapter 98, 2014 General Session ,§ 4, eff. 5/13/2014.Amended by Chapter 231, 2014 General Session ,§ 10, § 12, eff. 5/13/2014.Amended by Chapter 390, 2013 General Session ,§ 3, eff. 5/14/2013.Amended by Chapter 291, 2011 General Session, (Coordination Clause)
Amended by Chapter 291, 2011 General Session
Amended by Chapter 335, 2011 General Session See Chapter 231, 2014 General Session , § 13.