20A-4-107 - Review and disposition of provisional ballot envelopes.
20A-4-107. Review and disposition of provisional ballot envelopes.
(1) As used in this section, a voter is "legally entitled to vote" if:
(a) the voter:
(i) is registered to vote in the state;
(ii) resides within the voting precinct where the voter seeks to vote; and
(iii) provided valid voter identification to the poll worker as indicated by a notation in theofficial register;
(b) the voter:
(i) is registered to vote in the state;
(ii) (A) provided valid voter identification to the poll worker as indicated by a notation inthe official register; or
(B) either failed to provide valid voter identification or the documents provided as validvoter identification were inadequate and the poll worker recorded that fact in the official registerbut the county clerk verifies the voter's identity and residence through some other means; and
(iii) did not vote in the voter's precinct of residence, but the ballot that the voter voted isidentical to the ballot voted in the voter's precinct of residence; or
(c) the voter:
(i) is registered to vote in the state;
(ii) either failed to provide valid voter identification or the documents provided as validvoter identification were inadequate and the poll worker recorded that fact in the official register;and
(iii) (A) the county clerk verifies the voter's identity and residence through some othermeans as reliable as photo identification; or
(B) the voter provides valid voter identification to the county clerk or an election officerwho is administering the election by the close of normal office hours on Monday after the date ofthe election.
(2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review theaffirmation on the face of each provisional ballot envelope and determine if the person signingthe affirmation is a registered voter and legally entitled to vote the ballot that the voter voted.
(b) If the election officer determines that the person is not a registered voter or is notlegally entitled to vote the ballot that the voter voted, the election officer shall retain the ballotenvelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court toproduce or count it.
(c) If the election officer determines that the person is a registered voter and is legallyentitled to vote the ballot that the voter voted, the election officer shall remove the ballot fromthe provisional ballot envelope and place the ballot with the absentee ballots to be counted withthose ballots at the canvass.
(d) The election officer may not count, or allow to be counted a provisional ballot unlessthe voter's identity and residence is established by a preponderance of the evidence.
(3) If the election officer determines that the person is a registered voter, the electionofficer shall ensure that the voter registration records are updated to reflect the informationprovided on the provisional ballot envelope.
(4) If the election officer determines that the person is not a registered voter and theinformation on the provisional ballot envelope is complete, the election officer shall:
(a) consider the provisional ballot envelope a voter registration form; and
(b) register the voter.
Amended by Chapter 197, 2010 General Session