20A-3-104.5 - Voting -- Regular primary election and Western States Presidential Primary.

UTAH STATUTES AND CODES

20A-3-104.5 - Voting -- Regular primary election and Western States Presidential Primary.

20A-3-104.5. Voting -- Regular primary election and Western States PresidentialPrimary.
(1) (a) Any registered voter desiring to vote at the regular primary election or Utah'sWestern States Presidential Primary shall give the voter's name, the name of the registeredpolitical party whose ballot the voter wishes to vote, and, if requested, the voter's residence, toone of the poll workers.
(b) The voter shall present valid voter identification to one of the poll workers.
(c) (i) The poll worker shall follow the procedures and requirements of Section20A-3-105.5 if:
(A) the poll worker is not satisfied that the voter presented valid voter identification; or
(B) the voter's right to vote is challenged under Section 20A-3-202.
(ii) The poll worker shall notify a voter casting a provisional ballot under Section20A-3-105.5 because of failure to present valid voter identification that the voter has until theclose of normal office hours on Monday after the day of the election to:
(A) present valid voter identification to the county clerk at the county clerk's office; or
(B) an election officer who is administering the election.
(2) (a) (i) If the voter is properly identified, the poll worker in charge of the officialregister shall check the official register to determine:
(A) whether or not the person is registered to vote; and
(B) whether or not the voter's party affiliation designation in the official register allowsthe voter to vote the ballot that the voter requested.
(ii) If the official register does not affirmatively identify the voter as being affiliated witha registered political party or if the official register identifies the voter as being "unaffiliated," thevoter shall be considered to be "unaffiliated."
(b) (i) Except as provided in Subsection (2)(b)(ii), if the voter's name is not found on theofficial register, the poll worker shall follow the procedures and requirements of Section20A-3-105.5.
(ii) (A) If it is not unduly disruptive of the election process, the poll worker shall attemptto contact the county clerk's office to request oral verification of the voter's registration.
(B) If oral verification is received from the county clerk's office, the poll worker shall:
(I) record the verification on the official register;
(II) determine the voter's party affiliation and the ballot that the voter is qualified to vote;and
(III) perform the other administrative steps required by Subsection (3).
(c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliationlisted in the official register does not allow the voter to vote the ballot that the voter requested,the poll worker shall inform the voter of that fact and inform the voter of the ballot or ballots thatthe voter's party affiliation does allow the voter to vote.
(ii) (A) If the voter is listed in the official register as "unaffiliated," or if the officialregister does not affirmatively identify the voter as either "unaffiliated" or affiliated with aregistered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote theballot that the voter requests, the poll worker shall ask the voter if the voter wishes to voteanother registered political party ballot that the voter, as "unaffiliated," is authorized to vote, orremain "unaffiliated."
(B) If the voter wishes to vote another registered political party ballot that the

unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection(3).
(C) If the voter wishes to remain unaffiliated and does not wish to vote another ballotthat unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that thevoter may not vote.
(iii) For the primary elections held in 2004, 2006, and 2008 only:
(A) If the voter is listed in the official register as "unaffiliated," or if the official registerdoes not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registeredpolitical party, the poll worker shall ask the voter if the voter wishes to affiliate with a registeredpolitical party, or remain "unaffiliated."
(B) If the voter wishes to affiliate with the registered political party whose ballot thevoter requested, the poll worker shall direct the voter to complete the change of party affiliationform and proceed as required by Subsection (3).
(C) If the voter wishes to remain unaffiliated and wishes to vote another registeredpolitical party ballot that the unaffiliated voter is authorized to vote, the poll worker shall proceedas required by Subsection (3).
(D) If the voter wishes to remain unaffiliated and does not wish to vote another ballotthat unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that thevoter may not vote.
(3) If the poll worker determines that the voter is registered and eligible, underSubsection (2), to vote the ballot that the voter requested and:
(a) if the ballot is a paper ballot or a ballot sheet:
(i) the poll worker in charge of the official register shall:
(A) write the ballot number and the name of the registered political party whose ballotthe voter voted opposite the name of the voter in the official register; and
(B) direct the voter to sign the voter's name in the election column in the official register;
(ii) another poll worker shall list the ballot number and voter's name in the pollbook; and
(iii) the poll worker having charge of the ballots shall:
(A) endorse the voter's initials on the stub;
(B) check the name of the voter on the pollbook list with the number of the stub;
(C) hand the voter the ballot for the registered political party that the voter requested andfor which the voter is authorized to vote; and
(D) allow the voter to enter the voting booth; or
(b) if the ballot is an electronic ballot:
(i) the poll worker in charge of the official register shall direct the voter to sign thevoter's name in the official register;
(ii) another poll worker shall list the voter's name in the pollbook; and
(iii) the poll worker having charge of the ballots shall:
(A) provide the voter access to the electronic ballot for the registered political party thatthe voter requested and for which the voter is authorized to vote; and
(B) allow the voter to vote the electronic ballot.
(4) Whenever the election officer is required to furnish more than one kind of officialballot to the voting precinct, the poll workers of that voting precinct shall give the registeredvoter the kind of ballot that the voter is qualified to vote.