§ 63G-2-210 — Access to and use of voter or election information by a government officer.

(1) As used in this section, "government officer" means:
(1)(a) an elected official; or
(1)(b) an officer, employee, volunteer, or agent of a governmental entity.
(2) A government officer may not:
(2)(a) disclose, or attempt to discover, any information from a ballot cast by an identifiable voter;
(2)(b) except as provided in Subsection (3), disclose in relation to an identifiable voter:
(2)(b)(i) the method by which the voter voted or returned a ballot;
(2)(b)(ii) when or where the voter voted;
(2)(b)(iii) how or when the voter's ballot was received;
(2)(b)(iv) whether a ballot was mailed to the voter;
(2)(b)(v) whether the voter placed postage on a return envelope; or
(2)(b)(vi) any information from the return envelope of a voter.
(3) Subsection (2) does not prohibit the disclosure, in mass, of the information included in a voting history record, in accordance with Section 20A-5-410.
(4) Except as provided in Subsection (5), a government officer who, due to the government officer's position as a government officer, has access to election records, may not access, use, copy, or release the information except to the extent that the access, use, copying, or release:
(4)(a) is reasonably related to a duty of the government officer;
(4)(b) is in accordance with the requirements of law; and
(4)(c) is not done for a primarily personal purpose, including:
(4)(c)(i) a political purpose;
(4)(c)(ii) furthering the government officer's personal agenda; or
(4)(c)(iii) a purpose relating to the government officer's private business, hobbies, or personal interests.
(5) Subsection (4) does not prevent a government officer from accessing, using, copying, or releasing government information in the same manner available to a member of the general public, including by filing a record request under Section 63G-2-204.

Legislative History

Enacted by Chapter 188, 2025 General Session