Utah Recount Laws

This information was initially released on October 21, 2010.

Voting System Used: 

DREs with VVPAT For more details, visit Verified Voting.

 

Counting Method: 

No statutory guidance provided for counting method Utah uses only direct-recording electronic machines (DREs) with a voter-verified paper audit trail (VVPAT). However, Utah's statutes do not specify whether the VVPATs shall be recounted by hand or reviewed electronically. Rather, they say simply that the appropriate election official shall “recount all ballots cast for that office.” (As Utah law defines a “ballot” as the storage medium, whether paper, mechanical, or electronic, upon which a voter records the voter's votes,” this instruction to “recount all ballots” cannot be taken to mean simply that the VVPATs are counted by hand.) See the Utah Code, Title 20A, “Elections,” Section 20A-4-401, “Recounts – Procedure,” , Subsections (1)(b) and (2)(b): http://www.le.utah.gov/UtahCode/getCodeSection?code=20A-4-401. We were similarly unable to find administrative rules addressing the procedure for recounting or retabulating in Utah. If you know of relevant laws or rules for this state on this topic, please email info@ceimn.org.

Initiating Mechanism: 

Candidate-initiated Voter-initiated

Candidate-Initiated Options: 

Close vote margin required Utah's close vote margin requirement for candidate-initiated recounts is quite restrictive. Candidates may request a recount only when they have apparently lost “by not more than a total of one vote per voting precinct.” Besides this restriction, however, any apparently losing candidate in any election may request a recount. See Section 20A-4-401, “Recounts – Procedure,” Subsection (1) (a) (i): http://www.le.utah.gov/UtahCode/getCodeSection?code=20A-4-401. Timing: Most candidates must file their recount request within seven days after the initial canvass. See Section 20A-4-401, Subsection (1) (a) (i). Candidates in municipal primary elections must file their requests within three days of the canvass. See Section 20A-4-401, Subsection (1) (a) (ii).

Voter-Initiated Options: 

Voters may request recounts for initiatives/questions There is no close vote margin requirement for voter-initiated recounts. Any ten voters who voted in an election may request a recount for any ballot proposition or bond proposition that was on the ballot in that election. See Section 20A-4-401, Subsection (2). Timing: Voters must file their request within seven days of the canvass. See Section 20A-4-401, Subsection (2)(a).

Cost for Candidate-Initiated Recounts: 

Paid entirely by state or county Candidates requesting a recount are not liable for any of the costs associated with the recount. See Section 20A-4-401, Subsection (3).

Cost for Voter-Initiated Recounts: 

Paid entirely by initiator Voters requesting a recount for propositions are required to cover all costs associated with the recount. See Section 20A-4-401, Subsection (2)(d).

Challengers and Observers: 

Party/candidate or initiator has statutory authority to appoint observers No statutory guidance for recount challengers Utah statutes state that “each registered political party and any person interested in a ballot proposition appearing on the ballot” may appoint a “counting poll watcher to observe the counting of ballots.” See 20A-3-201, “Watchers”: http://le.utah.gov/~code/TITLE20A/htm/20A03_020100.htm. The statutes do not clarify if such watchers are also authorized to be present at the recounting of ballots, though they are not explicitly excluded. Nor did we find mention that the recounts be made public. The provisions regarding counting, however, suggest that in fact both counting and recounting are closed to the public. Section 20A-4-102, “Counting paper ballots after the polls close,” Subsection (7), states that “Only election judges and counting poll watchers may be present at the place where counting is conducted until the count is completed.” If you know of additional rules or statutes regarding public participation in recounts in Utah, please email info@ceimn.org.

Rules for Determining Voter Intent: 

Statutory guidance provided See Section 20A-4-105, “Standards and requirements for evaluating voter's ballot choices”: http://www.le.utah.gov/UtahCode/getCodeSection?code=20A-4-105. The Lieutenant Governor's Office has also just recently updated its rules in the Utah Administrative Code on ballot counting standards. See Rule 623-2, “Uniform Ballot Counting Standards”: http://www.rules.utah.gov/publicat/code/r623/r623-002.htm.

Audit Laws: 

State has audit laws While not mentioned in the Utah Code, the state's Lieutenant Governor has had an audit requirement since October of 2006. See: http://www.ceimn.org/state-audit-legislation-reference-guide/utah.

Additional Resources: 
Utah Code - Title 20A - Election Code
Utah Lieutenant Governor Office of Elections