State Codes and Statutes

Statutes > Utah > Title-20a > Chapter-03 > 20a-3-201

20A-3-201. Watchers.
(1) (a) (i) For each regular general election or statewide special election, and for eachregular primary and Western States Presidential Primary, each registered political party and anyperson interested in a ballot proposition appearing on the ballot may appoint one person to act asa voting poll watcher to observe the casting of ballots, another person to act as a counting pollwatcher to observe the counting of ballots, and another person to act as an inspecting pollwatcher to inspect the condition and observe the securing of ballot packages.
(ii) Each party poll watcher shall be designated, and his selection made known to the pollworkers, by an affidavit made by the county chair of each of the parties.
(iii) Each issue poll watcher shall be designated, and his selection made known to thepoll workers, by an affidavit made by the individual appointing him.
(b) (i) For each municipal general election, municipal primary, local special election, orbond election that uses paper ballots, each candidate and any person interested in an issueappearing on the ballot may appoint one person to act as a voting poll watcher to observe thecasting of ballots, another person to act as a counting poll watcher to observe the counting ofballots, and another person to act as an inspecting poll watcher to inspect the condition andobserve the securing of ballot packages.
(ii) For each municipal general election, municipal primary, local special election, orbond election that uses ballot sheets, each candidate and any person interested in an issueappearing on the ballot may appoint one person to act as a voting poll watcher to observe thecasting of ballots, another person to act as a counting poll watcher to observe the counting ofballots, and another person to act as an inspecting poll watcher to inspect the condition andobserve the securing of ballot packages.
(iii) Each candidate poll watcher shall be designated, and his selection made known tothe poll workers, by an affidavit made by the candidate appointing him.
(iv) Each issue poll watcher shall be designated, and his selection made known to thepoll workers, by an affidavit made by the individual appointing him.
(2) If an appointed poll watcher is temporarily absent for meals, or is sick or otherwiseabsent, that poll watcher may substitute some other watcher of similar political beliefs byinforming the poll workers of the substitution by affidavit.
(3) Voting poll watchers may watch and observe the voting process, and may make awritten memorandum, but they may not interfere in any way with the process of voting except tochallenge a voter as provided in this part.
(4) The counting poll watcher shall remain in the counting room, except in the case ofnecessity, until the close of the polls and may not divulge the progress of the count until thecount is completed.
(5) (a) It is unlawful for a counting poll watcher to communicate in any manner, directlyor indirectly, by word or sign, the progress of the count, the result so far, or any other informationabout the count.
(b) Any person who violates this subsection is guilty of a third degree felony.
(6) The inspecting poll watcher may be present in the office of the clerk or recorder towhom ballots are delivered after elections to:
(a) inspect the condition of the packages containing the ballots upon their arrival; and
(b) observe the placement of these packages in a safe and secure place.
(7) (a) Prior to each election in which a ballot sheet or electronic ballot is used, any

interested person may act as a testing watcher to observe a demonstration of logic and accuracytesting of the voting devices prior to the commencement of voting.
(b) The election officer shall give prior notice of the logic and accuracy testingdemonstration at least two days prior to the date of the demonstration by publishing notice of thedate, time, and location of the demonstration:
(i) in at least one newspaper of general circulation in the jurisdiction holding theelection; and
(ii) as required in Section 45-1-101.
(c) An election official shall provide, upon request, a copy of testing results to a testingwatcher.

Amended by Chapter 388, 2009 General Session