§ 20A-9-806 — Ballots.

(1) The lieutenant governor, together with county clerks, suppliers of election materials, and representatives of registered political parties, shall:

(1)(a) develop manual ballots, mechanical ballots, return envelopes and provisional ballot envelopes to be used in a presidential primary election;
(1)(b) ensure that the ballots, return envelopes, and provisional ballot envelopes comply generally with the requirements of Chapter 6, Part 1, General Requirements for All Ballots; and
(1)(c) provide voting booths, election records and supplies, and ballot boxes for each voting precinct as required by Section 20A-5-403.
(2) (2)(a) Notwithstanding the requirements of Subsections (1)(b) and (c), Chapter 6, Part 1, General Requirements for All Ballots, and Section 20A-5-403, the lieutenant governor, together with county clerks, suppliers of election materials, and representatives of registered political parties shall ensure that the ballots, return envelopes, provisional ballot envelopes, voting booths, election records and supplies, and ballot boxes:
(2)(a)(i) facilitate the distribution, voting, and tallying of ballots in a closed primary;
(2)(a)(ii) simplify the task of poll workers, particularly in determining a voter's party affiliation;
(2)(a)(iii) minimize the possibility of spoiled ballots due to voter confusion; and
(2)(a)(iv) protect against fraud.
(2)(b) To accomplish the requirements of this Subsection (2), the lieutenant governor, county clerks, suppliers of election materials, and representatives of registered political parties shall:
(2)(b)(i) mark ballots as being for a particular registered political party; and
(2)(b)(ii) instruct persons counting the ballots to count only those votes for candidates from the registered political party whose ballot the voter received.
(2)(c) To accomplish the requirements of this Subsection (2), the lieutenant governor, county clerks, suppliers of election materials, and representatives of registered political parties may:
(2)(c)(i) notwithstanding the requirements of Sections 20A-6-101 and 20A-6-102, use different colored ballots for each registered political party;
(2)(c)(ii) place ballots for each registered political party in different voting booths and direct voters to the particular voting booth for the political party whose ballot they are voting; or
(2)(c)(iii) consider other means of accomplishing the objectives described in Subsection (2)(a).

Legislative History

Amended by Chapter 31, 2020 General Session