Section 802 - Certification of voting equipment.

UT Code § 20A-5-802 (2019) (N/A)
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(1) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall: (a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment's functions accurately; (b) develop and implement a procedure to protect the physical security of the voting equipment; and (c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.

(a) before each election, use logic and accuracy tests to ensure that the voting equipment performs the voting equipment's functions accurately;

(b) develop and implement a procedure to protect the physical security of the voting equipment; and

(c) ensure that the voting equipment is certified by the lieutenant governor under Subsection (2) as having met the requirements of this section.

(2) (a) Except as provided in Subsection (2)(b)(ii): (i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that: (A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and (B) meet the requirements of Subsection (2)(a)(ii); (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system: (A) is accurate and reliable; (B) possesses established and maintained access controls; (C) has not been fraudulently manipulated or tampered with; (D) is able to identify fraudulent or erroneous changes to the voting equipment; and (E) protects the secrecy of a voter's ballot; and (iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by: (A) the United States Election Assistance Commission; or (B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment. (b) (i) Voting equipment used in the state may include technology that allows for ranked-choice voting. (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.

(a) Except as provided in Subsection (2)(b)(ii): (i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that: (A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and (B) meet the requirements of Subsection (2)(a)(ii); (ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system: (A) is accurate and reliable; (B) possesses established and maintained access controls; (C) has not been fraudulently manipulated or tampered with; (D) is able to identify fraudulent or erroneous changes to the voting equipment; and (E) protects the secrecy of a voter's ballot; and (iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by: (A) the United States Election Assistance Commission; or (B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.

(i) the lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that: (A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and (B) meet the requirements of Subsection (2)(a)(ii);

(A) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification; and

(B) meet the requirements of Subsection (2)(a)(ii);

(ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require that a voting system: (A) is accurate and reliable; (B) possesses established and maintained access controls; (C) has not been fraudulently manipulated or tampered with; (D) is able to identify fraudulent or erroneous changes to the voting equipment; and (E) protects the secrecy of a voter's ballot; and

(A) is accurate and reliable;

(B) possesses established and maintained access controls;

(C) has not been fraudulently manipulated or tampered with;

(D) is able to identify fraudulent or erroneous changes to the voting equipment; and

(E) protects the secrecy of a voter's ballot; and

(iii) The lieutenant governor may comply with the requirements of Subsection (2)(a) by certifying voting equipment that has been certified by: (A) the United States Election Assistance Commission; or (B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.

(A) the United States Election Assistance Commission; or

(B) a laboratory that has been accredited by the United States Election Assistance Commission to test voting equipment.

(b) (i) Voting equipment used in the state may include technology that allows for ranked-choice voting. (ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.

(i) Voting equipment used in the state may include technology that allows for ranked-choice voting.

(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-choice voting for a race for federal office.