§ 20A-5-403.5 — Ballot drop boxes -- Notice.

Utah § 20A-5-403.5

• Jurisdiction: Utah
• Title 20A: Election Code
• Ch. 20A-5: Election Administration
• Part 20A-5-4: Election Officer's Duties

Text

(1) An election officer:
(1)(a) shall designate at least one ballot drop box in each municipality and reservation located in the jurisdiction to which the election relates;
(1)(b) may designate additional ballot drop boxes for the election officer's jurisdiction;
(1)(c) shall clearly mark each ballot drop box as an official ballot drop box for the election officer's jurisdiction;
(1)(d) shall provide 24-hour recorded video surveillance, without audio, of each unattended ballot drop box;
(1)(e) shall post a sign on or near each unattended ballot drop box indicating that the ballot drop box is under 24-hour video surveillance; and
(1)(f) shall ensure that a camera, a video, or a recording of a video described in Subsection (1)(d) may only be accessed by:
(1)(f)(i) the election officer;
(1)(f)(ii) a custodian of the camera, video, or recording;
(1)(f)(iii) the lieutenant governor;
(1)(f)(iv) the legislative auditor general, when performing an audit;
(1)(f)(v) a court of competent jurisdiction, by or pursuant to an order of the court;
(1)(f)(vi) a registered voter who claims to have cast a ballot at an unattended ballot drop box, if the election officer informs the voter that the election officer never received the voter's ballot; or
(1)(f)(vii) subject to Subsection (2)(b), and except as provided in Subsection (2)(c):
(1)(f)(vii)(A) a candidate for an office that appears on a ballot, or an individual representing the candidate's campaign;
(1)(f)(vii)(B) for a federal, statewide, or multicounty race, the chair of the state political party whose member is a candidate described in Subsection (1)(f)(vii)(A);
(1)(f)(vii)(C) for a race where the officeholder is selected by voters entirely within one county, the chair of the county political party whose member is a candidate described in Subsection (1)(f)(vii)(A); or
(1)(f)(vii)(D) the designee of a political party chair described in Subsection (1)(f)(vii)(B) or (C).
(2) (2)(a) An individual may not view a video, or a recording of a video, described in Subsection (1)(d), unless the individual:
(2)(a)(i) is an individual described in Subsection (1)(f); and
(2)(a)(ii) views the video to the extent necessary to:
(2)(a)(ii)(A) ensure compliance with Subsection (1)(d), (1)(f), or (3); or
(2)(a)(ii)(B) investigate a concern relating to ballots or the ballot box.
(2)(b) If an individual described in Subsection (1)(f)(vii) seeks to view a video recording described in Subsection (1)(d), the election officer may require the individual to view the video recording at the election officer's office during regular business hours.
(2)(c) An individual described in Subsection (1)(f)(vii) may not view a video recording described in Subsection (1)(d) after the time period for contesting the election to which the video recording relates ends.
(3) The election officer, or the custodian of the recording:
(3)(a) shall keep a recording described in Subsection (1)(d) until at least the later of:
(3)(a)(i) the last day of the calendar year in which the election was held; or
(3)(a)(ii) if the election is contested, when the contest is resolved; and
(3)(b) may keep the video recording described in Subsection (1)(d) indefinitely.
(4) Except as provided in Section 20A-1-308 or Subsection (7), the election officer shall, at least 28 calendar days before the date of the election, provide notice of the location of each ballot drop box designated under Subsection (1), by publishing notice for the jurisdiction holding the election, as a class A notice under Section 63G-30-102, for at least 28 calendar days before the day of the election.
(5) Instead of including the location of ballot drop boxes, a notice required under Subsection (4) may specify the following sources where a voter may view or obtain a copy of all ballot drop box locations:
(5)(a) the jurisdiction's website;
(5)(b) the physical address of the jurisdiction's offices; and
(5)(c) a mailing address and telephone number.
(6) The election officer shall include in the notice described in Subsection (4):
(6)(a) the address of the Statewide Electronic Voter Information Website and, if available, the address of the election officer's website, with a statement indicating that the election officer will post on the website the location of each ballot drop box, including any changes to the location of a ballot drop box and the location of additional ballot drop boxes; and
(6)(b) a phone number that a voter may call to obtain information regarding the location of a ballot drop box.
(7) (7)(a) Except as provided in Section 20A-1-308, the election officer may, after the deadline described in Subsection (4):
(7)(a)(i) if necessary, change the location of a ballot drop box; or
(7)(a)(ii) if the election officer determines that the number of ballot drop boxes is insufficient due to the number of registered voters who are voting, designate additional ballot drop boxes.
(7)(b) Except as provided in Section 20A-1-308, if an election officer changes the location of a ballot box or designates an additional ballot drop box location, the election officer shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or the additional ballot drop box location:
(7)(b)(i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
(7)(b)(ii) by posting the information on the website of the election officer, if available; and
(7)(b)(iii) by posting notice:
(7)(b)(iii)(A) for a change in the location of a ballot drop box, at the new location and, if possible, the old location; and
(7)(b)(iii)(B) for an additional ballot drop box location, at the additional ballot drop box location.
(8) An election officer may, at any time, authorize two or more poll workers to remove a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
(9) (9)(a) At least two poll workers must be present when a poll worker collects ballots from a ballot drop box and delivers the ballots to the location where the ballots will be opened and counted.
(9)(b) An election officer shall ensure that the chain of custody of ballots placed in a ballot box are recorded and tracked from the time the ballots are removed from the ballot box until the ballots are delivered to the location where the ballots will be opened and counted.

Legislative History

Amended by Chapter 6, 2025 Special Session 1