LegalFix

Section 306 - Statewide canvass.

UT Code § 20A-4-306 (2019) (N/A)
Copy with citation
Copy as parenthetical citation

(1) (a) The state board of canvassers shall convene: (i) on the fourth Monday of November, at noon; or (ii) at noon on the day following the receipt by the lieutenant governor of the last of the returns of a statewide special election. (b) The state auditor, the state treasurer, and the attorney general are the state board of canvassers. (c) Attendance of all members of the state board of canvassers shall be required to constitute a quorum for conducting the canvass.

(a) The state board of canvassers shall convene: (i) on the fourth Monday of November, at noon; or (ii) at noon on the day following the receipt by the lieutenant governor of the last of the returns of a statewide special election.

(i) on the fourth Monday of November, at noon; or

(ii) at noon on the day following the receipt by the lieutenant governor of the last of the returns of a statewide special election.

(b) The state auditor, the state treasurer, and the attorney general are the state board of canvassers.

(c) Attendance of all members of the state board of canvassers shall be required to constitute a quorum for conducting the canvass.

(2) (a) The state board of canvassers shall: (i) meet in the lieutenant governor's office; and (ii) compute and determine the vote for officers and for and against any ballot propositions voted upon by the voters of the entire state or of two or more counties. (b) The lieutenant governor, as secretary of the board shall file a report in his office that details: (i) for each statewide officer and ballot proposition: (A) the name of the statewide office or ballot proposition that appeared on the ballot; (B) the candidates for each statewide office whose names appeared on the ballot, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; (D) the total number of votes cast statewide for each candidate and for and against each ballot proposition; and (E) the total number of votes cast statewide; and (ii) for each officer or ballot proposition voted on in two or more counties: (A) the name of each of those offices and ballot propositions that appeared on the ballot; (B) the candidates for those offices, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; and (D) the total number of votes cast for each candidate and for and against each ballot proposition. (c) The lieutenant governor shall: (i) prepare certificates of election for: (A) each successful candidate; and (B) each of the presidential electors of the candidate for president who received a majority of the votes; (ii) authenticate each certificate with his seal; and (iii) deliver a certificate of election to: (A) each candidate who had the highest number of votes for each office; and (B) each of the presidential electors of the candidate for president who received a majority of the votes.

(a) The state board of canvassers shall: (i) meet in the lieutenant governor's office; and (ii) compute and determine the vote for officers and for and against any ballot propositions voted upon by the voters of the entire state or of two or more counties.

(i) meet in the lieutenant governor's office; and

(ii) compute and determine the vote for officers and for and against any ballot propositions voted upon by the voters of the entire state or of two or more counties.

(b) The lieutenant governor, as secretary of the board shall file a report in his office that details: (i) for each statewide officer and ballot proposition: (A) the name of the statewide office or ballot proposition that appeared on the ballot; (B) the candidates for each statewide office whose names appeared on the ballot, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; (D) the total number of votes cast statewide for each candidate and for and against each ballot proposition; and (E) the total number of votes cast statewide; and (ii) for each officer or ballot proposition voted on in two or more counties: (A) the name of each of those offices and ballot propositions that appeared on the ballot; (B) the candidates for those offices, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; and (D) the total number of votes cast for each candidate and for and against each ballot proposition.

(i) for each statewide officer and ballot proposition: (A) the name of the statewide office or ballot proposition that appeared on the ballot; (B) the candidates for each statewide office whose names appeared on the ballot, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; (D) the total number of votes cast statewide for each candidate and for and against each ballot proposition; and (E) the total number of votes cast statewide; and

(A) the name of the statewide office or ballot proposition that appeared on the ballot;

(B) the candidates for each statewide office whose names appeared on the ballot, plus any recorded write-in candidates;

(C) the number of votes from each county cast for each candidate and for and against each ballot proposition;

(D) the total number of votes cast statewide for each candidate and for and against each ballot proposition; and

(E) the total number of votes cast statewide; and

(ii) for each officer or ballot proposition voted on in two or more counties: (A) the name of each of those offices and ballot propositions that appeared on the ballot; (B) the candidates for those offices, plus any recorded write-in candidates; (C) the number of votes from each county cast for each candidate and for and against each ballot proposition; and (D) the total number of votes cast for each candidate and for and against each ballot proposition.

(A) the name of each of those offices and ballot propositions that appeared on the ballot;

(B) the candidates for those offices, plus any recorded write-in candidates;

(C) the number of votes from each county cast for each candidate and for and against each ballot proposition; and

(D) the total number of votes cast for each candidate and for and against each ballot proposition.

(c) The lieutenant governor shall: (i) prepare certificates of election for: (A) each successful candidate; and (B) each of the presidential electors of the candidate for president who received a majority of the votes; (ii) authenticate each certificate with his seal; and (iii) deliver a certificate of election to: (A) each candidate who had the highest number of votes for each office; and (B) each of the presidential electors of the candidate for president who received a majority of the votes.

(i) prepare certificates of election for: (A) each successful candidate; and (B) each of the presidential electors of the candidate for president who received a majority of the votes;

(A) each successful candidate; and

(B) each of the presidential electors of the candidate for president who received a majority of the votes;

(ii) authenticate each certificate with his seal; and

(iii) deliver a certificate of election to: (A) each candidate who had the highest number of votes for each office; and (B) each of the presidential electors of the candidate for president who received a majority of the votes.

(A) each candidate who had the highest number of votes for each office; and

(B) each of the presidential electors of the candidate for president who received a majority of the votes.

(3) If the lieutenant governor has not received election returns from all counties on the fifth day before the day designated for the meeting of the state board of canvassers, the lieutenant governor shall: (a) send a messenger to the clerk of the board of county canvassers of the delinquent county; (b) instruct the messenger to demand a certified copy of the board of canvasser's report required by Section 20A-4-304 from the clerk; and (c) pay the messenger the per diem provided by law as compensation.

(a) send a messenger to the clerk of the board of county canvassers of the delinquent county;

(b) instruct the messenger to demand a certified copy of the board of canvasser's report required by Section 20A-4-304 from the clerk; and

(c) pay the messenger the per diem provided by law as compensation.

(4) The state board of canvassers may not withhold the declaration of the result or any certificate of election because of any defect or informality in the returns of any election if the board can determine from the returns, with reasonable certainty, what office is intended and who is elected to it.

(5) (a) At noon on the fourth Monday after the regular primary election, the lieutenant governor shall: (i) canvass the returns for all multicounty candidates required to file with the office of the lieutenant governor; and (ii) publish and file the results of the canvass in the lieutenant governor's office. (b) Not later than the August 1 after the primary election, the lieutenant governor shall certify the results of the primary canvass to the county clerks.

(a) At noon on the fourth Monday after the regular primary election, the lieutenant governor shall: (i) canvass the returns for all multicounty candidates required to file with the office of the lieutenant governor; and (ii) publish and file the results of the canvass in the lieutenant governor's office.

(i) canvass the returns for all multicounty candidates required to file with the office of the lieutenant governor; and

(ii) publish and file the results of the canvass in the lieutenant governor's office.

(b) Not later than the August 1 after the primary election, the lieutenant governor shall certify the results of the primary canvass to the county clerks.

(6) (a) At noon on the fourth Tuesday in March of a year in which a presidential election will be held, the lieutenant governor shall: (i) canvass the returns of the presidential primary election; and (ii) publish and file the results of the canvass in the lieutenant governor's office. (b) The lieutenant governor shall certify the results of the presidential primary election canvass to each registered political party that participated in the primary not later than the April 15 after the primary election.

(a) At noon on the fourth Tuesday in March of a year in which a presidential election will be held, the lieutenant governor shall: (i) canvass the returns of the presidential primary election; and (ii) publish and file the results of the canvass in the lieutenant governor's office.

(i) canvass the returns of the presidential primary election; and

(ii) publish and file the results of the canvass in the lieutenant governor's office.

(b) The lieutenant governor shall certify the results of the presidential primary election canvass to each registered political party that participated in the primary not later than the April 15 after the primary election.

LegalFix

Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.

LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.

The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.

You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.

The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.

Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.

We have updated our Terms of Service, Privacy Policy, and Disclosures. By continuing to browse this site, you agree to our Terms of Service, Privacy Policy, and Disclosures.
Section 306 - Statewide canvass.