No. 43494 (5-year Review): Rule R623-2. Uniform Ballot Counting Standards

DAR File No.: 43494
Filed: 01/28/2019 01:22:12 PM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

42 U.S.C. 15481(a)(6) directs each state to "adopt uniform and non-discriminatory standards that define what constitutes a vote and what will be counted as a vote for each category of voting system used in the State". 42 U.S.C. 15403(e) clarifies that the "chief State election official" is "responsible for coordination" of these standards. Because the Lieutenant Governor is chief election officer of the state (see Subsection 67-1a-2(2)), the Lieutenant Governor has the authority to adopt these standards. Additionally, the Governor has the authority under Utah Constitution Article VII, Sections 1 and 5 to "see that the laws are faithfully executed". Under the Utah Constitution Article VII, Section 14, this authority may be delegated from the Governor to the Lt. Governor.

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

The Lieutenant Governor has not received written comments in support or in opposition to this administrative rule.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

In addition to meeting requirements of federal law, this rule provides uniform standards for election officials throughout the state to process ballots. Uniformity ensures that ballots are correctly counted and that voter's rights are not impinged. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Lieutenant Governor
Elections
Room 220 UTAH STATE CAPITOL
350 N STATE STREET
SALT LAKE CITY, UT 84114

Direct questions regarding this rule to:

• Derek Brenchley at the above address, by phone at 801-538-1041, by FAX at , or by Internet E-mail at [e-mail]

Effective:

01/28/2019

Authorized by:

Justin Lee, Director

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