Utah Statutes § 20A-1-105 Chief election officer of the state - Duties, authority, and enforcement
Statute Text
(1)
The lieutenant governor:
(a)
is the chief election officer of the state;
(b)
is responsible to oversee, and generally supervise, all elections and functions relating to elections in the state; and
(c)
shall enforce compliance by election officers with all legal requirements relating to elections, including:
(i)
Public Law
103-31
, the National Voter Registration Act of 1993;
(ii)
Public Law
107-252
, the Help America Vote Act of 2002;
(iii)
all other applicable provisions of federal law and rule relating to elections;
(iv)
state law relating to elections;
(v)
the requirements of this title; and
(vi)
rules made under this title.
(2)
To the extent that the lieutenant governor determines the following is useful in fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
(a)
full access to closely observe, examine, and copy all records, documents, recordings, and other information in the custody or control of an election officer or a board of canvassers;
(b)
full access to closely observe, examine, and copy all voter registration records, ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the custody or control of an election officer or a board of canvassers;
(c)
full access to closely observe and examine all facilities, storage areas, and equipment, and to closely observe, examine, or copy all materials, in the custody or control of an election officer or a board of canvassers;
(d)
full access to all staff, including full-time, part-time, and volunteer staff of an election officer or a board of canvassers;
(e)
full access to closely observe, examine, and copy all records and information relating to election audits that are conducted, directed, or commissioned by a county clerk;
(f)
the right to attend any meeting, including a closed meeting, relating to a matter within the scope of authority or responsibility of the lieutenant governor described in this chapter or Subsection
67-1a-2
(2)
; and
(g)
the right to closely observe and examine any work or other process relating to a matter within the scope of authority or responsibility of the lieutenant governor described in this chapter or Subsection
67-1a-2
(2)
.
(3)
An election officer shall fully assist, and cooperate with, the lieutenant governor in:
(a)
fulfillment, by the lieutenant governor, of the responsibilities described in Subsection (1); and
(b)
obtaining the access and exercising the rights described in Subsection (2).
(4)
If the lieutenant governor determines that an election officer is in violation of a law or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the violation and bring the election officer into compliance with the law or rule:
(a)
shall consult with the election officer; and
(b)
may provide training and other assistance to the election officer to the extent the lieutenant governor determines warranted.
(5)
If a violation continues after the lieutenant governor complies with Subsection (4)(a), the lieutenant governor shall issue a written order to the election officer that:
(a)
describes the violation;
(b)
describes the action taken under Subsection (4) to remedy the violation and bring the election officer into compliance with the law or rule;
(c)
directs the election officer to remedy and cease the violation;
(d)
describes the specific actions the election officer must take to comply with the order;
(e)
states the deadline for the election officer to comply with the order; and
(f)
describes the actions the election officer must take to verify compliance with the order.
(6)
(a)
An order described in Subsection (5) has the force of law.
(b)
An election officer shall fully comply with an order described in Subsection (5) unless the election officer obtains a court order rescinding or modifying the order in accordance with Subsections (7) through (9).
(7)
An election officer desiring to seek a court order described in Subsection (6) shall file an action seeking a court order within 10 days after the day on which the lieutenant governor issues the order described in Subsection (5).
(8)
A court may not rescind or modify an order described in Subsection (5) unless, and only to the extent that:
(a)
the order is arbitrary or capricious;
(b)
the court finds that the violation alleged by the lieutenant governor did not occur; or
(c)
the court determines that the violation alleged by the lieutenant governor is not a violation of law or rule.
(9)
An election officer who files an action described in Subsection (7) has the burden of proof.
(10)
This section does not prohibit the lieutenant governor from bringing a legal action, at any time, to compel an election officer to comply with the law and rules described in Subsection (1).
History
Added by Chapter 297 , 2023 General Session , § 2 , eff. 5/3/2023 .