Processing, counting, and challenging absentee/mail-in ballots in Utah, 2020
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In August 2020, The New York Times estimated that 80 million Americans would vote by absentee/mail-in ballot in November 2020. That would have been more than double the number who did so in November 2016.[1] The processes states use to count absentee/mail-in ballots have come under closer inspection by state officials, candidates, political parties, and the media.
This article describes the rules in Utah for processing, counting, and rejecting absentee/mail-in ballots in effect for the November 2020 election. It includes:
- How ballots are processed and counted
- Whether ballots can be challenged
- Conditions for rejecting a ballot
- Whether voters can correct mistakes on a ballot
The 2020 election took place against a backdrop of uncertainty. Our readers had questions about what to expect in elections at all levels of government, from the casting of ballots to the certification of final results. Ballotpedia's 2020 Election Help Desk was designed to answer those questions.
Processing and counting ballots
Upon receiving completed absentee/mail-in ballots, election officials must first process the ballots before they can be counted. Processing generally entails verifying voter signatures and physically preparing ballots for tabulation. Processing practices can vary widely from state to state. Counting entails the actual tabulation of votes.
The table below highlights key dates and deadlines related to absentee/mail-in voting in Utah for the November 2020 election.
Processing ballots
As of October 2020, ballots could be processed upon receipt. Utah law included the following provision for processing absentee/mail-in ballots:
| “ | (1) Except as provided in Subsection (2), upon receipt of an envelope containing an absentee ballot, the election officer shall:
(a) enclose the unopened envelope containing the absentee ballot and the written application of the absentee voter in a larger envelope; (b) seal that envelope and endorse it with: (i) the name or number of the proper voting precinct; (ii) the name and official title of the election officer; and (iii) the words ""This envelope contains an absentee ballot and may only be opened on election day at the polls while the polls are open.""; and (c) safely keep the envelope locked in a secure place in the election officer's office until it is delivered by the election officer to the proper election judges. (2) If the election officer receives envelopes containing absentee ballots too late to transmit them to the election judges on election day, the election officer shall retain those absentee ballots in a safe and secure place until they can be processed as provided in Section 20A-3-309.[2] |
” |
See law: UT Code § 20A-3-307 (2019)
Counting ballots
Officials in Utah began counting absentee/mail-in ballots before election day. As of November 2020, Utah law included the following provision for counting absentee/mail-in ballots:
| “ | (2)
(a) Valid absentee ballots and valid provisional ballots may be processed and counted: (i) by the election officer before the date of the canvass; and (ii) at the canvass, by the election officer or poll workers, acting under the supervision of the official canvassers of the election. (b) When processing ballots, the election officer and poll workers shall comply with the procedures and requirements of Section 20A-3-308 in opening envelopes, verifying signatures, confirming eligibility of the ballots, and depositing them in a ballot box. (3) (a) After all valid absentee ballots and valid provisional ballots have been deposited, the ballots shall be counted in the usual manner. (b) After the polls close on the date of the election, the election officer shall publicly release the results of those absentee ballots and provisional ballots that have been counted on or before the date of the election. (c) Except as provided in Subsection (3)(d), on each day, beginning on the day after the date of the election and ending on the day before the date of the canvass, the election officer shall publicly release the results of all absentee ballots and provisional ballots counted on that day.[2] |
” |
See law: UT Code § 20A-3-309 (2019)
Utah law included the following provision for who may count absentee/mail-in ballots:
| “ | (a) Valid absentee ballots and valid provisional ballots may be processed and counted:
(i) by the election officer before the date of the canvass; and (ii) at the canvass, by the election officer or poll workers, acting under the supervision of the official canvassers of the election.[2] |
” |
See law: UT Code § 20A-3-309 (2019)
Utah law included the following provision for poll watchers:
| “ | (a) A person that is a candidate whose name will appear on the ballot, a qualified write-in candidate for the election, a registered political party, or a political issues committee may certify an individual as an official watcher for the person:
(i) by filing an affidavit with the administering election officer responsible to designate an individual as an official watcher for the certifying person; and (ii) if the individual registers as a watcher under Subsection (2)(a). (b) A watcher who is certified by a person under Subsection (3)(a) may not perform the same function described in Subsection (4) at the same time and in the same location as another watcher who is certified by that person. (c) A watcher who is certified by a person under Subsection (3)(a) may designate another individual to serve in the watcher's stead during the watcher's temporary absence by filing with a poll worker an affidavit that designates the individual as a temporary replacement.[2] |
” |
See law: UT Code § 20A-3-201 (2019)
Challenging ballots
Absentee/mail-in ballots may be challenged in an attempt to prevent the ballot from being counted. Ballots may be challenged for a variety of reasons, including: allegations that the voter is not qualified to vote in the election, the ballot was not received by the stated deadline, or that the voter had already voted in the same election. The methods and reasons for challenging ballots vary and are provided in state law. States without such provisions do not allow challenging absentee/mail-in ballots.
As of November 2020, Utah law included the following provision for challenging ballots:
| “ | (1)
(a) A person may challenge an individual's eligibility to vote by filing a written statement with the election officer in accordance with Subsection (1)(b) that: (i) lists the name and address of the person filing the challenge; (ii) for each individual who is challenged: (A) identifies the name of the challenged individual; (B) lists the last known address or telephone number of the challenged individual; (C) provides the basis for the challenge, as provided under Section 20A-3-202; (D) provides facts and circumstances supporting the basis provided; and (E) may include supporting documents, affidavits, or other evidence; and (iii) includes a signed affidavit, which is subject to penalties of perjury, swearing that: (A) the filer exercised due diligence to personally verify the facts and circumstances establishing the basis for the challenge; and (B) according to the filer's personal knowledge and belief, the basis for the challenge under Section 20A-3-202 for each challenged individual is valid. (b) A person that files a written statement under Subsection (1)(a) shall file the written statement during the election officer's regular business hours: (i) at least 45 days before the day of the election; or (ii) if the challenge is to an individual who registered to vote between the day that is 45 days before the election and the day of the election: (A) on or before the day of the election; and (B) before the individual's ballot is removed from a ballot envelope or otherwise separated from any information that could be used to identify the ballot as the individual's ballot. (c) The challenge may not be based on unsupported allegations or allegations by an anonymous person. (d) An election officer may require a person that files a challenge under this section to file the challenge on a form provided by the election officer that meets the requirements of this section.[2] |
” |
See law:UT Code § 20A-3-202.3 (2019)
As of November 2020, Utah law included the following provision for handling challenged ballots:
| “ | (3)
(a) Upon receipt of a challenge that meets the requirements for filing under this section, the election officer shall attempt to notify each challenged individual in accordance with Subsection (3)(b): (i) at least 28 days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) within one business day, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) The election officer shall attempt to notify each challenged individual: (i) that a challenge has been filed against the challenged individual; (ii) that the challenged individual may be required to cast a provisional ballot at the time the individual votes if the individual votes in person; (iii) if the election is being conducted entirely by absentee ballot or if the individual is otherwise registered to vote by absentee ballot, that if the individual votes by absentee ballot, the individual's ballot will be treated as a provisional ballot unless the challenge is resolved; (iv) of the basis for the challenge, which may include providing a copy of the challenge the filer filed with the election officer; and (v) that the challenged individual may submit information, a sworn statement, supporting documents, affidavits, or other evidence supporting the challenged individual's eligibility to vote in the election to the election officer no later than: (A) 21 days before the date of the election, if the election officer receives the challenge under Subsection (1)(b)(i); or (B) five days before the day on which the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (4) (a) The election officer shall determine whether each challenged individual is eligible to vote before the day on which: (i) early voting commences, if the election officer receives the challenge under Subsection (1)(b)(i); or (ii) the canvass is held, if the election officer receives the challenge under Subsection (1)(b)(ii). (b) (i) The filer has the burden to prove, by clear and convincing evidence, that the basis for challenging the individual's eligibility to vote is valid. (ii) The election officer shall resolve the challenge based on the available facts and information submitted, which may include voter registration records and other documents or information available to the election officer.[2] |
” |
See law:UT Code § 20A-3-202.3 (2019)
Rejecting ballots
As of November 2020, Utah law included the following provision for rejecting absentee/mail-in ballots:
| “ | (3) If the poll workers determine that the affidavit is insufficient, or that the signatures do not correspond, or that the applicant is not a registered voter in the voting precinct, they shall:
(a) disallow the vote; and (b) without opening the absentee voter envelope, mark across the face of the envelope: (i) ""Rejected as defective""; or (ii) ""Rejected as not a registered voter.[2] |
” |
See law: UT Code § 20A-3-308 (2019)
Ballot curing
Ballot curing refers to the process by which voters can correct mistakes—such as a missing or mismatched signature—with an absentee/mail-in ballot so that the ballot can be counted. Ballot curing provisions lay out this process in state law. States without such provisions do not count absentee/mail-in ballots with errors.[3]
As of November 2020, Utah law included the following provision for curing ballots:
| “ | (7) An election officer who is required to give notice under Subsection (5) or (6) shall give the notice no later than:
(a) if the election officer rejects the absentee ballot before election day: (i) one business day after the day on which the election officer rejects the absentee ballot, if the election officer gives the notice by email or text message; or (ii) two business days after the day on which the election officer rejects the absentee ballot, if the election officer gives the notice by postal mail or phone; (b) seven days after election day if the election officer rejects the absentee ballot on election day; or (c) seven days after the canvass if the election officer rejects the absentee ballot after election day and before the end of the canvass.[2] |
” |
See law: UT Code § 20A-3-308 (2019)
Rules in other states
Click on a state below to view information on processing, counting, and challenging absentee/mail-in ballots in that state.
- Alabama
- Alaska
- Arizona
- Arkansas
- California
- Colorado
- Connecticut
- Delaware
- Florida
- Georgia
- Hawaii
- Idaho
- Illinois
- Indiana
- Iowa
- Kansas
- Kentucky
- Louisiana
- Maine
- Maryland
- Massachusetts
- Michigan
- Minnesota
- Mississippi
- Missouri
- Montana
- Nebraska
- Nevada
- New Hampshire
- New Jersey
- New Mexico
- New York
- North Carolina
- North Dakota
- Ohio
- Oklahoma
- Oregon
- Pennsylvania
- Rhode Island
- South Carolina
- South Dakota
- Tennessee
- Texas
- Utah
- Vermont
- Virginia
- Washington
- West Virginia
- Wisconsin
- Wyoming
More frequently asked questions about the 2020 election
Click on a question below to read the answer:
- General election information
- Who runs elections in the United States?
- Why do states have different election rules?
- What methods do states use to prevent election fraud?
- Do you have to vote for everything on your ballot?
- What happens if you mark outside the lines or use the wrong pen/pencil?
- What is a spoiled ballot?
- What is a write-in candidate?
- How can I check the status of my ballot?
- Can I take a ballot selfie?
- Presidential election
- What happens if a presidential candidate declares victory in the 2020 election before results are final?
- Can presidential candidates win the election if they have already conceded?
- What are the steps and deadlines for electing the President of the United States?
- What happens if there is a tie in the Electoral College?
- What are faithless electors in the Electoral College?
- What happens if a presidential nominee becomes incapacitated before the election?
- Can members of Congress object to Electoral College results?
- Processing and counting absentee/mail-in ballots
- What is the life cycle of an absentee/mail-in ballot?
- What happens if I vote by mail and want to change my ballot at a later date?
- What happens if someone votes by mail and then tries to vote in person?
- How do states protect and verify absentee/mail-in ballots?
- How do election workers match signatures?
- Are results reported on election night coming from in-person or absentee/mail-in votes?
- Do states report how many mail-in/absentee ballots are outstanding on election night?
- Do absentee/mail-in ballots take longer to count than in-person ballots?
- What happens if someone votes by mail-in ballot or absentee ballot and subsequently passes away before Election Day?
- Disputing election results
- How will election recounts work?
- How close does an election have to be to trigger an automatic recount?
- Can a candidate or voter request a recount?
- Who pays for recounts and contested elections?
- What are poll watchers?
- What does it mean to challenge a voter's eligibility, and who can do it?
- What is a redo election?
- Who can file election-related lawsuits?
- What are the reasons to call a redo election?
- Who can call a redo election?
- Can a redo be held for a presidential election?
- Transitions of power and taking office
- Who is the president if election results are unknown by January 20, 2021?
- Who serves in Congress if election results are unknown by January 2021?
- Who serves in a state or local government if election results are unknown?
- What happens if the winning presidential candidate becomes incapacitated before taking office?
- Articles about potential scenarios in the 2020 election
- U.S. Supreme Court actions affecting the November 3, 2020, general election
See also
- Ballotpedia's 2020 Election Help Desk
- Ballotpedia's 2020 Election Help Desk: Processing and counting absentee/mail-in ballots
- Absentee/mail-in voting, 2020
Footnotes
- ↑ The New York Times, "Where Americans Can Vote by Mail in the 2020 Elections," August 14, 2020
- ↑ 2.0 2.1 2.2 2.3 2.4 2.5 2.6 2.7 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ National Conference of State Legislatures, "VOPP: Table 15: States That Permit Voters to Correct Signature Discrepancies," September 21, 2020
