Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 263 (2025GS)

Sponsor

Rep. Thurston, Norman K  (Thurston’s own bill)

Final action

Governor Signed 3/27/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• defines terms;
• makes the recorded video of ballot processing a public record for purposes of the Government Records Access and Management Act (GRAMA);
• specifies that an election officer shall retain and preserve ballot chain of custody documentation created during an election;
• clarifies that an election officer shall package and retain the election database, cast vote record, and other materials used in the programming of automatic tabulating equipment;
• for an election administered by a county clerk:
• directs the county clerk to make, preserve, and retain for at least 12 years an electronic copy of certain election material;
• authorizes, in certain circumstances, the county clerk or county legislative body to examine the electronic copy of election material to conduct research related to an election;
• requires the county clerk to grant certain governmental entities access to the electronic copy of election material to conduct research related to an election; and
• creates a process for a governmental entity to conduct a multi-county review of the electronic copy of election material;
• specifies that an electronic copy of election material is not a record for purposes of GRAMA;
• clarifies that an election officer's obligation to seal official ballots and election returns does not prohibit a county clerk, an auditor, or the lieutenant governor from accessing the electronic copy of election material;
• clarifies that an election officer shall retain and preserve the election database, cast vote record, and other materials for 22 months after an election;
• modifies provisions relating to information an election officer is required to report in a ballot reconciliation report and board of canvassers report;

Every vote on this bill

Bill text

13
20A-3a-401.1
20A-4-106
20A-4-109
20A-4-202
20A-4-304
20A-4-701
20A-4-702
20A-4-703
0
Election Record Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: Brady Brammer
LONG TITLE
General Description:
This bill amends provisions related to records created or used during an election.
Highlighted Provisions:
This bill:
defines terms;
makes the recorded video of ballot processing a public record for purposes of the 
Government Records Access and Management Act (GRAMA);
specifies that an election officer shall retain and preserve ballot chain of custody 
documentation created during an election;
clarifies that an election officer shall package and retain the election database, cast vote 
record, and other materials used in the programming of automatic tabulating equipment;
for an election administered by a county clerk:
directs the county clerk to make, preserve, and retain for at least 12 years an electronic 
copy of certain election material;
authorizes, in certain circumstances, the county clerk or county legislative body to 
examine the electronic copy of election material to conduct research related to an 
election;
requires the county clerk to grant certain governmental entities access to the electronic 
copy of election material to conduct research related to an election; and
creates a process for a governmental entity to conduct a multi-county review of the 
electronic copy of election material;
specifies that an electronic copy of election material is not a record for purposes of 
GRAMA;
clarifies that an election officer's obligation to seal official ballots and election returns 
does not prohibit a county clerk, an auditor, or the lieutenant governor from accessing 
the electronic copy of election material;
clarifies that an election officer shall retain and preserve the election database, cast vote 
record, and other materials for 22 months after an election;
modifies provisions relating to information an election officer is required to report in a 
ballot reconciliation report and board of canvassers report;
reduces the amount of time that an election officer has to publicize the certified board of 
canvassers report from seven to three days;
requires an election officer to make a copy of the certified board of canvassers report 
available to members of the public in portable document format; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3a-401.1
, as enacted by Laws of Utah 2023, Chapter 297
20A-4-106
, as last amended by Laws of Utah 2023, Chapters 156, 297
20A-4-109
, as last amended by Laws of Utah 2024, Chapter 465
20A-4-202
, as last amended by Laws of Utah 2023, Chapters 156, 297
20A-4-304
, as last amended by Laws of Utah 2024, Chapter 503
ENACTS:
20A-4-701
, Utah Code Annotated 1953
20A-4-702
, Utah Code Annotated 1953
20A-4-703
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-3a-401.1
 is amended to read:
20A-3a-401.1
. Ballot chain of custody.
(1)
As used in this section:
(a)
"Batch" means a grouping of a specified number of ballots:
(i)
that is assembled by poll workers, and given a number to distinguish the grouping 
from other groupings, when the ballots are first received for processing;
(ii)
that is kept together in the same grouping, and kept separate from other 
groupings, throughout ballot processing; and
(iii)
for which a log is kept to document the chain of custody of the grouping.
(b)
"Processed" means an action taken in relation to a batch, a ballot in a batch, or a 
return envelope that a poll worker has not separated from a ballot, as follows:
(i)
starting with receiving the ballot;
(ii)
each step taken in relation to a ballot as part of conducting an election; and
(iii)
ending after the ballots are counted and stored.
(2)
An election officer shall preserve the chain of custody of all ballots in accordance with 
this section.
(3)
An election officer shall maintain an accurate, updated count of the number of ballots 
that the election officer:
(a)
mails or otherwise provides to a voter;
(b)
receives from a voter;
(c)
counts;
(d)
rejects;
(e)
resolves after rejecting; or
(f)
does not resolve after rejecting.
(4)
Upon receiving ballots cast by voters, the election officer shall ensure that poll workers 
immediately count the number of ballots received and divide the ballots into batches.
(5)
The election officer shall ensure that:
(a)
ballots in each batch are kept separate from the ballots in other batches;
(b)
a ballot is not separated from a batch, except as necessary to the election process;
(c)
if a ballot is separated from a batch, the batch log indicates:
(i)
the ballot number;
(ii)
the date and time of removal;
(iii)
the identity of the individual who removes the ballot; and
(iv)
the reason the ballot is removed;
(d)
poll workers shall keep for each batch a log that includes:
(i)
a unique identifying code or number for the batch;
(ii)
the number of ballots in the batch;
(iii)
the date that the ballots were received; and
(iv)
for each occasion that the batches, or any of the ballots in the batches, are 
handled:
(A)
the date and time that the ballots are handled;
(B)
a description of what is done with the ballots;
(C)
the identity of the poll workers who handle the ballots; and
(D)
any other information required by rule under Subsection 
(7)
(9)
;
(e)
an election official who performs a ballot processing function performs the function 
in the presence of at least one other election official;
(f)
to the extent reasonably possible, the poll workers who perform a ballot processing 
function for a batch complete performing that function for the entire batch; and
(g)
each part of the processing of all ballots is monitored by recorded video, without 
audio.
(6)
An election officer shall keep the recordings described in Subsection 
(5)(g)
 until the 
later of:
(a)
the last day of the calendar year in which the election was held; or
(b)
if the election is contested, when the contest is resolved.
(7)
A recorded video described in Subsection 
(5)(g)
 is a public record.
(6)
An election officer shall:
(a)
keep the recordings described in Subsection 
(5)(g)
 until the later of:
(i)
the end of the calendar year in which the election was held; or
(ii)
if the election is contested, when the contest is resolved; and
(b)
ensure that a camera, a video, or a recording of a video described in Subsection 
(5)(g)
 may only be accessed:
(i)
by the election officer;
(ii)
by a custodian of the camera, video, or recording;
(iii)
by the lieutenant governor;
(iv)
by the legislative auditor general, when performing an audit; or
(v)
by, or pursuant to an order of, a court of competent jurisdiction.
(7)
An individual may not view a video, or a recording of a video, described in Subsection 
(5)(g)
:
(a)
unless the individual is an individual described in Subsection 
(6)(b)
; and
(b)
the individual views the video to the extent necessary to:
(i)
ensure compliance with Subsection 
(5)(g)
 or 
(6)
; or
(ii)
investigate a concern relating to the processing of ballots.
(8)
An election officer shall retain and preserve all chain of custody documentation in the 
manner provided under Section 
20A-4-202
 for the retention and preservation of a ballot 
voted in an election.
(8)
(9)
The director of elections within the Office of the Lieutenant Governor may make 
rules, in accordance with 
Title 63G, Chapter 3, Utah Administrative Rulemaking Act
, 
establishing specific requirements and procedures for an election officer or poll worker 
to:
(a)
fulfill the chain of custody requirements described in this section;
(b)
perform the signature verification audits described in Section 
20A-3a-402.5
; and
(c)
comply with the reconciliation requirements described in Subsection 
20A-4-304(2)(h)
.
Section 2, Section 
20A-4-106
 is amended to read:
20A-4-106
. Manual ballots -- Sealing.
(1)
After the official canvas of an election, the election officer shall store all election returns 
in containers that identify the containers' contents.
(2)
After the ballots are stored under Subsection 
(1)
, the ballots may not be examined by 
anyone, except as follows:
(a)
when examined during a recount conducted under the authority of Section 
20A-4-401
or 
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project
Part 6, Municipal Alternate Voting Methods Pilot Project
;
(b)
an auditor conducting an audit described in Section 
36-12-15.2
 may examine the 
ballots:
(i)
if the audit uncovers evidence that raises a substantial doubt regarding the 
accuracy of the results of an election, the auditor may examine the ballots until the 
later of:
(A)
the end of the calendar year in which the election was held; or
(B)
if the election is contested, when the contest is resolved; or
(ii)
at any time via a subpoena or other legal process; or
(c)
the lieutenant governor may examine the ballots:
(i)
until the later of:
(A)
the 
end
last day
 of the calendar year in which the election was held; or
(B)
if the election is contested, when the contest is resolved; or
(ii)
at any time via a subpoena or other legal process.
(3)
Nothing in this section prohibits a county clerk, an auditor, or the lieutenant governor 
from accessing and examining the electronic copy of ballots or election returns in 
accordance with Part 7, Electronic Copy of Election Material - Access and Examination.
Section 3, Section 
20A-4-109
 is amended to read:
20A-4-109
. Ballot reconciliation -- Rulemaking authority.
(1)
In accordance with this section and rules made under Subsection (2), an election officer 
whose office processes ballots shall:
(a)
conduct ballot reconciliations
 every time
:
(i)
at the end of each day on which
 ballots are tabulated;
 or
(ii)
if ballot tabulation of a grouping of ballots continues past midnight, as soon as the 
office finishes tabulating those ballots;
(b)
conduct a final ballot reconciliation when an election officer concludes processing all 
ballots;
(c)
document each ballot reconciliation;
(d)
publicly release the results of each ballot reconciliation; and
(e)
in conducting ballot reconciliations:
(i)
ensure that the sum of the number of uncounted verified ballots and the number of 
ballots tabulated is equal to the number of voters given credit for voting; or
(ii)
if the sum described in Subsection (1)(e)(i) is not equal to the number of voters 
given credit for voting, account for and explain the differences in the numbers.
(2)
The
Subject to Subsection 
(3)
, the
 director of elections within the Office of the 
Lieutenant Governor may make rules, in accordance with Title 63G, Chapter 3, Utah 
Administrative Rulemaking Act, establishing procedures and requirements for 
conducting, documenting, and publishing a ballot reconciliation.
(3)
An election officer shall ensure that a published ballot reconciliation includes data 
describing:
(a)
the total number of ballots:
(i)
that the election officer issued to voters; and
(ii)
that the voters returned to the election officer;
(b)
of the number described in Subsection 
(3)(a)(i)
, a subtotal of the number of ballots 
that the election officer issued to voters:
(i)
by mail;
(ii)
electronically;
(iii)
at a polling place; and
(iv)
in person at the office of the election officer; and
(c)
of the number described in Subsection 
(3)(a)(ii)
, a subtotal of the number of ballots 
that the voters returned to the election officer:
(i)
by mail;
(ii)
electronically;
(iii)
at a polling place;
(iv)
at a ballot drop box; and
(v)
in person at the office of the election officer.
Section 4, Section 
20A-4-202
 is amended to read:
20A-4-202
. Election officers -- Disposition of ballots -- Release of number of 
provisional ballots cast.
(1)
Upon receipt of the 
ballots and 
election returns from the poll workers, the election 
officer shall:
(a)
ensure that the poll workers have provided all of the ballots and election returns;
(b)
inspect the ballots and election returns to ensure that they are sealed;
(c)
for manual ballots, deposit and lock the ballots and election returns in a safe and 
secure place;
(d)
for mechanical ballots:
(i)
count the ballots; and
(ii)
deposit and lock the ballots and election returns in a safe and secure place; and
(e)
for bond elections, provide a copy of the election results to the board of canvassers of 
the local political subdivision that called the bond election.
(2)
Each election officer shall:
(a)
before 5 p.m. on the day after the date of the election, determine the number of 
provisional ballots cast within the election officer's jurisdiction and make that number 
available to the public;
(b)
preserve ballots for 22 months after the 
date of the 
election or until the time has 
expired during which the ballots could be used in an election contest;
(c)
preserve all other official election returns for at least 22 months after 
an
the date of 
the
 election; and
(d)
after that time, destroy 
them
the ballots and election returns
 without opening or 
examining them.
(3)
(a)
The election officer shall package and retain
 all tabulating cards and other
:
(i)
the election database;
(ii)
the cast vote record; and
(iii)
the
 materials used in the programming of the automatic tabulating equipment.
(b)
The election officer:
(i)
may access these tabulating cards and other materials
may access the materials 
described in Subsection 
(3)(a)(iii)
;
(ii)
may make copies of these materials and make changes to the copies
may make a 
copy of the materials described in Subsection 
(3)(a)(iii)
;
(iii)
may not alter or make changes to the materials themselves; and
may not alter or 
make changes to the materials described in Subsection 
(3)(a)(iii)
;
(iv)
may make changes to the copied materials described in Subsection (3)(b)(ii);
(v)
shall retain and preserve the materials described in Subsection 
(3)(a)(iii)
, and the 
copied materials described in Subsection 
(3)(b)
(ii), for at least 22 months after the 
date of the election; and
(iv)
(vi)
within 22 months after the election in which they were used, may dispose 
of those materials or retain them
after the date described in Subsection (3)(b)(v), 
may dispose of or retain the materials described in Subsection 
(3)(a)(iii)
, or the 
copied materials described in Subsection (3)(b)(ii)
.
(4)
(a)
If an election contest is begun within 12 months
 after the date of an election
, the 
election officer shall, except as provided in Subsection 
(4)(c)
:
(i)
keep the ballots and election returns unopened and unaltered until the contest is 
complete; or
(ii)
surrender the ballots and election returns to the custody of the court having 
jurisdiction of the contest when ordered or subpoenaed to do so by that court.
(b)
Except as provided in Subsection 
(4)(c)
, when all election contests arising from an 
election are complete, the election officer shall either:
(i)
retain the ballots and election returns until the time for preserving them under this 
section has run; or
(ii)
destroy the ballots and election returns remaining in the election officer's custody 
without opening or examining them if the time for preserving them under this 
section has run.
(c)
(i)
An auditor conducting an audit described in Section 
36-12-15.2
 may examine 
the ballots and election returns described in this Subsection 
(4)
.
(ii)
The lieutenant governor may examine the ballots and election returns described in 
this Subsection 
(4)
.
(5)
(a)
Notwithstanding the provisions of this section, the legislative auditor general:
(i)
may make and keep 
copies
a copy
 of ballots or election returns as part of a 
legislative audit; and
(ii)
may not examine, make 
copies
a copy
, or keep 
copies,
a copy
 of a ballot in a 
manner that identifies 
a
the
 ballot with the voter who casts the ballot.
(b)
A copy described in Subsection 
(5)(a)
 is not a record, and 
is 
not subject to disclosure, 
under 
Title 63G, Chapter 2, Government Records Access and Management Act
.
Section 5, Section 
20A-4-304
 is amended to read:
20A-4-304
. Declaration of results -- Canvassers' report.
(1)
(a)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a 
board of canvassers shall declare "elected" or "nominated" those persons who:
(i)
had the highest number of votes; and
(ii)
sought election or nomination to an office completely within the board's 
jurisdiction.
(b)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a 
board of canvassers shall declare a "tie vote" if:
(i)
two or more candidates for an office receive an equal and the highest number of 
votes for that office; or
(ii)
in a race for an at-large office:
(A)
two or more candidates receive an equal number of votes; and
(B)
a recount is necessary to determine which candidates are elected to the at-large 
office.
(c)
A board of canvassers shall declare:
(i)
"approved" those ballot propositions that:
(A)
had more "yes" votes than "no" votes; and
(B)
were submitted only to the voters within the board's jurisdiction; or
(ii)
"rejected" those ballot propositions that:
(A)
had more "no" votes than "yes" votes or an equal number of "no" votes and 
"yes" votes; and
(B)
were submitted only to the voters within the board's jurisdiction.
(d)
A board of canvassers shall:
(i)
certify the vote totals for 
persons
candidates
 and for and against ballot 
propositions that were submitted to voters within and beyond the board's 
jurisdiction and transmit those vote totals to the lieutenant governor; and
(ii)
if applicable, certify the results of each special district election to the special 
district clerk.
(2)
The election officer shall submit a report to the board of canvassers that includes the 
following information:
(a)
the total number of votes cast in the board's jurisdiction;
(b)
each office that appeared on the ballot;
(b)
(c)
(i)
the names of each candidate whose name appeared on the ballot;
the name 
of each candidate whose name appeared on the ballot; and
(ii)
whether the candidate is an unaffiliated candidate, a write-in candidate, or, if the 
candidate is the nominee of a registered political party, the name of the registered 
political party;
(c)
(d)
the title of each ballot proposition that appeared on the ballot;
(d)
(e)
each office that appeared on the ballot
the total number of votes given in the 
board's jurisdiction to each candidate, and for and against each ballot proposition
;
(e)
(f)
from each voting precinct:
(i)
the number of votes for each candidate;
(ii)
for each race conducted by instant runoff voting under Part 6, Municipal 
Alternate Voting Methods Pilot Project, the number of valid votes cast for each 
candidate for each potential ballot-counting phase and the name of the candidate 
excluded in each ballot-counting phase; and
(iii)
the number of votes for and against each ballot proposition;
(f)
the total number of votes given in the board's jurisdiction to each candidate, and for 
and against each ballot proposition;
(g)
standardized statistics, on a form provided by the lieutenant governor, disclosing
, at a 
minimum
:
(i)
the number of active voters in the board's jurisdiction;
(ii)
of the number described in Subsection (2)(g)(i), the number of voters classified as 
private or withheld under Section 
20A-2-104
;
(iii)
the number of ballots counted
the number of ballots the election officer counted
;
(ii)
(iv)
provisional ballots
of the number described in Subsection (2)(g)(iii), the 
number of provisional ballots
; and
(iii)
(v)
the number of ballots rejected;
each of the following:
(A)
the number of provisional ballots that could not legally be counted;
(B)
the number of ballots, other than provisional ballots, that the election officer 
rejected because the ballots could not legally be cured; and
(C)
the number of ballots, other than provisional ballots, that were rejected, could 
have been cured by the voter, but were not cured;
(h)
a final ballot reconciliation report;
(i)
other information required by law to be provided to the board of canvassers; and
(j)
a statement certifying that the information contained in the report is accurate.
(3)
The election officer and the board of canvassers shall:
(a)
review the report to ensure that the report is correct; and
(b)
sign the report.
(4)
The election officer shall:
(a)
record or file the certified report in a book kept for that purpose;
(b)
prepare and transmit a certificate of nomination or election under the officer's seal to 
each nominated or elected candidate;
(c)
publish a copy of the certified report in accordance with Subsection (5); and
(d)
file a copy of the certified report with the lieutenant governor.
(5)
Except as provided in Subsection (6), the election officer shall, no later than seven days 
after the day on which the board of canvassers declares the election results, publicize the 
certified report described in Subsection (2) for the jurisdiction, as a class A notice under 
Section 
63G-30-102
, for at least seven days.
(5)
Except as provided in Subsection (6), the election officer shall, no later than three 
business days after the day on which the board of canvassers declares the election 
results, publicize the certified report described in Subsection (2) for the board's 
jurisdiction, as a class A notice under Section 
63G-30-102
, for at least seven calendar 
days.
(6)
(a)
Instead of including a copy of the entire certified report, a notice required under 
Subsection (5) may contain a statement that:
(a)
(i)
includes the following: "The Board of Canvassers for [indicate name of 
jurisdiction] has prepared a report of the election results for the [indicate type and 
date of election]."; and
(b)
(ii)
specifies the following sources where an individual may view or obtain a 
copy of the entire certified report:
(i)
(A)
if the 
board's 
jurisdiction has a website, the jurisdiction's website;
(ii)
(B)
the physical address for the 
board's 
jurisdiction; and
(iii)
(C)
a mailing address and telephone number.
(b)
An election officer:
(i)
shall ensure that an individual may obtain a digital copy of the certified report as a 
PDF file; and
(ii)
may make the certified report available in any machine readable format that the 
election officer determines is helpful to members of the public.
(7)
When there has been a regular general or a statewide special election for statewide 
officers, for officers that appear on the ballot in more than one county, or for a statewide 
or two or more county ballot proposition, each board of canvassers shall:
(a)
prepare a separate report detailing the number of votes for each candidate and the 
number of votes for and against each ballot proposition; and
(b)
transmit the separate report by registered mail to the lieutenant governor.
(8)
In each county election, municipal election, school election, special district election, and 
local special election, the election officer shall transmit the reports to the lieutenant 
governor within 14 days after the date of the election.
(9)
In a regular primary election and in a presidential primary election, the board shall 
transmit to the lieutenant governor:
(a)
the county totals for multi-county races, to be telephoned or faxed to the lieutenant 
governor not later than the second Tuesday after the election; and
(b)
a complete tabulation showing voting totals for all primary races, precinct by 
precinct, to be mailed to the lieutenant governor on or before the third Friday 
following the primary election.
Section 6, Section 
20A-4-701
 is enacted to read:
7. Electronic Copy of Election Material - Access and Examination 
20A-4-701
. Definitions.
As used in this part:
(1)
"Election material" means:
(a)
the return envelopes described in Sections 
20A-3a-401
 and 
20A-3a-402
;
(b)
the verification documentation described in Subsection 
20A-3a-401(7)(b)(iv)
;
(c)
the chain of custody documentation described in Section 
20A-3a-401.1
;
(d)
the log of replicated ballots described in Subsection 
20A-4-104(3)(b)
;
(e)
the ballots and election returns described in Section 
20A-4-202
;
(f)
the election database and cast vote record described in Subsection 
20A-4-202(3)
; and
(g)
the materials used in the programming of the automatic tabulating equipment 
described in Subsection 
20A-4-202(3)
.
(2)
"Governmental entity" means:
(a)
the office of:
(i)
the lieutenant governor;
(ii)
the attorney general;
(iii)
the legislative auditor general; or
(iv)
the state auditor; or
(b)
a contractor of a governmental entity described in Subsection (2)(a).
(3)
"Interim committee" means the same as that term is defined in legislative rule.
(4)
"Standing committee" means a Senate or House committee established under Senate or 
House rule for the purpose of considering proposed legislation during an annual general 
session or a special session.
(5)
"Voting equipment" means:
(a)
the computer-based hardware or software used by a county clerk to access, display, 
or examine an electronic copy of election material; or
(b)
the equipment used by a county clerk to make an electronic copy of election material.
Section 7, Section 
20A-4-702
 is enacted to read:
20A-4-702
. Electronic copy of election material -- Examination by county clerk 
or county legislative body.
(1)
(a)
Following an election administered by a county clerk, and except as provided in 
Subsection 
(11)
, the county clerk shall, no later than 90 days after the day on which 
the board of canvassers declares the results of an election:
(i)
make an electronic copy of all election material;
(ii)
ensure that the electronic copy of election material:
(A)
is stored in a secure location that is physically separate from the location 
where the county clerk stores election material;
(B)
is not altered, changed, or destroyed; and
(C)
is preserved for at least 12 years after the day on which the electronic copy is 
made; and
(iii)
certify to the lieutenant governor a statement indicating that the county clerk has 
complied with Subsections 
(1)(a)(i)
 and (ii).
(b)
The county clerk may fulfill the storage and preservation requirements described in 
Subsection 
(1)(a)(ii)
 by contracting with the Division of Archives and Records 
Service created in Section 
63A-12-101
.
(2)
A county clerk may access and examine the election material described in Subsection 
(1)
(a):
(a)
to respond to an interim committee or a standing committee that makes an inquiry 
regarding an election; or
(b)
to conduct research on an issue or a process related to an election, if:
(i)
the county clerk submits a written request to the county legislative body in 
accordance with Subsection (3); and
(ii)
the county legislative body approves the request.
(3)
A county clerk who wishes to access the election material described in Subsection 
(1)
(a) 
for a reason described in Subsection (2)(b) shall submit a written request to the county 
clerk's county legislative body that:
(a)
describes, in detail, the reason the county clerk seeks to examine the election material;
(b)
describes the type or sampling of election material that is relevant to the county 
clerk's research of the election material; and
(c)
estimates the duration of time that the county clerk requires access to the election 
material.
(4)
A county legislative body that receives a request described in Subsection (3) shall, after 
reviewing the request:
(a)
approve the request; or
(b)
deny the request.
(5)
If a county legislative body:
(a)
approves a request described in Subsection 
(3)
, the county clerk:
(i)
may access the type or sampling of election material that the county clerk 
described in the request; and
(ii)
shall, after the county clerk's research is complete, submit written findings and 
conclusions, and recommendations, if any, to the county legislative body; or
(b)
denies a request described in Subsection (3), the county legislative body shall explain 
the reason for the denial in writing to the county clerk.
(6)
A county legislative body may access and examine the election material described in 
Subsection 
(1)
(a) to conduct research on an issue or process related to an election 
administered in the county if:
(a)
the county legislative body submits a written request to the county clerk in 
accordance with Subsection (7); and
(b)
the county clerk approves the request.
(7)
A county legislative body that wishes to access the election material described in 
Subsection 
(1)
(a) shall submit a written request to the county clerk that:
(a)
describes, in detail, the reason the county legislative body seeks to examine the 
election material; and
(b)
estimates the duration of time that the county legislative body requires access to the 
election material.
(8)
A county clerk that receives a request described in Subsection 
(7)
 shall, after reviewing 
the request:
(a)
approve the request; or
(b)
deny the request.
(9)
(a)
If the county clerk approves a request described in Subsection 
(7)
, the county 
clerk shall:
(i)
in the county clerk's reasonable discretion, determine:
(A)
the date and time that the county legislative body may access the election 
material;
(B)
any safeguard or security measure that the county legislative body must take 
or observe while examining the election material; and
(C)
the type or sampling of election material that is relevant to the county 
legislative body's research of the election material; and
(ii)
after making the determinations described in Subsection 
(9)(a)
(i):
(A)
notify the county legislative body of the determinations in writing; and
(B)
grant the county legislative body access to the election material that the 
county clerk determines is relevant under Subsection (9)(a)(i)(C).
(b)
If the county clerk denies a request described in Subsection 
(7)
, the county clerk 
shall explain the reason for the denial in writing to the county legislative body.
(10)
A county clerk or county legislative body that accesses the electronic copy of election 
material described this section:
(a)
may only examine the election material at the county clerk's office; and
(b)
may not make a copy of or remove the election material from the county clerk's 
office.
(11)
A county clerk need not make an electronic copy of the side of a ballot return envelope 
that does not contain a voter's signature if the county's voting equipment is not capable 
of:
(a)
simultaneously making an electronic copy of the front and back sides of a ballot 
return envelope; and
(b)
simultaneously associating the front and back sides of a ballot return envelope with 
one another.
(12)
The electronic copy of election material described in this section is not a record, and is 
not subject to disclosure, under Title 63G, Chapter 2, Government Records Access and 
Management Act.
Section 8, Section 
20A-4-703
 is enacted to read:
20A-4-703
. Electronic copy of election material -- Examination by governmental 
entity.
(1)
A county clerk shall grant a governmental entity access to the election material 
described in Subsection 
20A-4-702(1)
(a) if:
(a)
the governmental entity seeks to examine the election material to conduct research on 
an issue or a process related to an election; and
(b)
the governmental entity submits a written notice to the county clerk in accordance 
with Subsection (2).
(2)
Subject to Subsection (5), a governmental entity that seeks to access the election 
material described in Subsection 
20A-4-702(1)
(a) shall provide the county clerk a 
written notice that:
(a)
informs the county clerk of the governmental entity's intent to access the election 
material;
(b)
describes, in detail, the reason the governmental entity seeks to examine the election 
material; and
(c)
estimates the duration of time that the governmental entity requires access to the 
election material.
(3)
Subject to Subsection (5), a county clerk that receives a notice described in Subsection 
(2) shall:
(a)
in the county clerk's reasonable discretion, determine:
(i)
the date and time that the governmental entity may access the election material;
(ii)
any safeguard or security measure that the governmental entity must take or 
observe while examining the election material; and
(iii)
the type or sampling of election material that is relevant to the governmental 
entity's research of the election material; and
(b)
after making the determinations described in Subsection (3)(a):
(i)
notify the governmental entity of the determinations in writing; and
(ii)
grant the governmental entity access to the election material that the county clerk 
determines is relevant under Subsection (3)(a)(iii).
(4)
A governmental entity that seeks access to the election material described in Subsection 
20A-4-702(1)
(a) for an election administered in more than one county may, in the notice 
described in Subsection (2), select, among each county where the election was 
administered, a county in which to examine the election material.
(5)
If a governmental entity makes the selection described in Subsection (4):
(a)
the governmental entity shall submit the notice described in Subsection (2) to each 
county clerk who administered the election;
(b)
the county clerk of the selected county shall:
(i)
take the actions described in Subsections (3)(a) and (b);
(ii)
notify each county clerk to whom the governmental entity submitted the notice of 
the type of sampling of election material that the county clerk determines is 
relevant under Subsection (3)(a)(iii);
(iii)
after receiving, from each county clerk, the election material described in 
Subsection (5)(c), grant the governmental entity access to that election material; 
and
(iv)
after the governmental entity's research is complete, destroy the election material 
described in Subsection (5)(c); and
(c)
the county clerk of each non-selected county shall, except as provided in Subsection 
(6), transfer to the county clerk of the selected county, by secure electronic 
transmission, the type or sampling of election material that the county clerk 
determines is relevant under Subsection (3)(a)(iii).
(6)
A county clerk is not required to make the transfer described in Subsection (5)(c) if the 
voting equipment used by the county clerk is incompatible with the voting equipment 
used by the county clerk of the selected county.
(7)
A governmental entity that accesses the electronic copy of election material described 
this section:
(a)
may only examine the election material at the county clerk's office; and
(b)
may not make a copy of or remove the election material from the county clerk's 
office.
(8)
The electronic copy of election material described in this section is not a record, and is 
not subject to disclosure, under Title 63G, Chapter 2, Government Records Access and 
Management Act.
Section 9. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-13-25 12:45 PM