No. 38384 (5-year Review): Rule R623-2. Uniform Ballot Counting Standards

DAR File No.: 38384
Filed: 03/26/2014 08:57:26 AM

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:

This rule is authorized by 42 U.S.C. 15404; 42 U.S.C. 15403(e); Subsection 67-1a-2(2); and the Utah State Constitution, Article VII, Sections 1, 5, and 14. Subsection 67-1a-2(2) states the the lieutenant governor shall exercise general supervisory authority over all elections. 42 U.S.C. 15403 and 15404 require the chief state election official to provide for a state plan on election reform which uniform and non-discriminatory election technology and administration, and meets the requirements of Section 253(b) or the Help America Vote Act. This rule complies with and provides for the implementation of those requirements.

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

No comments were received.

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

The State of Utah needs this rule to establish and maintain uniform and nondiscriminatory standards that define what constitutes a vote and what will be counted for each voting system used in the state. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division 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:

• Spencer Hadley at the above address, by phone at 801-538-1041, by FAX at 801-538-1133, or by Internet E-mail at [e-mail]

Effective:

03/26/2014

Authorized by:

Mark Thomas, Chief Deputy

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