§ 36-12-15.2 — Elections audit.

Utah § 36-12-15.2

• Jurisdiction: Utah
• Title 36: Legislature
• Ch. 36-12: Legislative Organization

Text

(1) As used in this section, "office" means the Office of the Legislative Auditor General.
(2) In addition to other audits performed by the office, the office shall, each even-numbered year, in accordance with this section and under the direction of the Legislative Audit Subcommittee, conduct a comprehensive performance audit of the state's election system and controls.
(3) The audit may include the entire election process for the elections held in an even-numbered year, including:

(3)(a) procedures and practices that occur before or after the beginning of the year to prepare for the elections; and
(3)(b) procedures, practices, and standards relating to:
(3)(b)(i) voter registration;
(3)(b)(ii) candidate filing and selection;
(3)(b)(iii) the preparation, printing, distribution, handling, examining, counting, and all other handling of ballots; and
(3)(b)(iv) the entire election process, including the regular primary election, the regular general election, and the determination of election results.
(4) The audit extends to the functions of all persons involved in the election process, including the Office of the Lieutenant Governor, each county clerk's office, and each board of canvassers.
(5) At a minimum, the office shall conduct a survey to audit the work of the Office of the Lieutenant Governor and each county election office.
(6) Based on the results of the survey described in Subsection (5), the office shall conduct a more comprehensive audit of the jurisdictions or practices that, in the opinion of the office, present the highest risk.
(7) In addition to auditing the jurisdictions and practices described in Subsection (6), the office may audit any other jurisdictions or entities, or any practices or procedures, that the office determines necessary to ensure the success of a comprehensive performance audit of the election system.
(8) To conduct an audit described in this section, the office has the full authority described in Section 36-12-15, including:

(8)(a) full access to closely observe, examine, and copy all records, documents, recordings, and other information the office determines to be useful in conducting an audit described in this section;
(8)(b) full access to closely observe, examine, and copy ballots, ballot envelopes, vote tallies, canvassing records, and voter registration records;
(8)(c) full access to closely observe and examine all facilities, storage areas, and equipment, and to closely observe, examine, or copy all materials, that the office determines to be useful in conducting an audit described in this section;
(8)(d) full access to all staff, including full-time, part-time, and volunteer staff;
(8)(e) full access to closely observe, examine, and copy all records and information relating to election audits that are conducted by the Office of the Lieutenant Governor, a county clerk, or any other person;
(8)(f) the right to, within the scope of the audit, attend any meeting, including a closed meeting;
(8)(g) the right to, within the scope of the audit, closely observe and examine any work or other process; and
(8)(h) all other authority described in Section 36-12-15.
(9) As with any audit conducted under the authority described in Section 36-12-15, all officials and staff shall fully assist, and cooperate with, the office in conducting an audit described in this section.
(10) In conducting an audit described in this section, the office:

(10)(a) shall preserve the right of a voter to a secret ballot;
(10)(b) shall, when examining election returns, allow the election officer or a designee of the election officer to be present to ensure the chain of custody of the election returns; and
(10)(c) may not, while votes are being counted, communicate in any manner, directly or indirectly, by word or sign, the progress of the vote, the current result of the vote count, or any other information about the vote count.
(11) An election officer, or an election officer's designee, who is present under Subsection (10)(b) may not interfere with the performance of the audit.

Legislative History

Enacted by Chapter 156, 2023 General Session