Utah Admin. Code R29 — Lieutenant Governor

R622 Administration

R622-3 Use of the Great Seal of the State of Utah

Utah Admin. Code R622-3-1 Purpose

(1) The Great Seal of the State of Utah is a symbol of the sovereignty of this state, and its use denotes authenticity of official state government functions and authority. The Great Seal is a single mounted engraved plate, comprising form and content as described in Section 67-1a-8. The purpose of this rule is to define how the state will:

(a) manage the use and application of the Great Seal (the seal); and

(b) define criteria for its authorized application.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-2 Primary Function of the Seal

(1) Since its conception, the seal has been employed for specific governmental applications within the state's executive, legislative, and judicial branches. The seal will be administered consistent with state law and policy, and its principal application shall be to authenticate or attest to:

(a) official documents which are authorized or required by statute; and

(b) other state documents having historic, civic, commemorative, or educational value or import.

(2) The seal's impression on a legal document shall require the lieutenant governor's signature to appear on the same page as, and in proximity thereto.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-3 Custody and Use

Pursuant to Subsections 67-1a-2(1)(d) through (f) the lieutenant governor is the custodian of the Great Seal.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-4 General Permitted Uses of the Seal

(1) The seal shall be permitted for use without the written authorization of the lieutenant governor, in the following circumstances:

(a) printings of replicas of the seal on official state letterhead, business cards, and stationery for agencies, entities, or officers of the state; and

(b) exhibition of permitted reproductions of the seal on state flags.

(2) The seal shall be permitted for use in the following circumstances upon describing and submitting a list of intended uses with the lieutenant governor's office to assure uniformity and continuity of use:

(a) application or display of replicas of the seal by state agencies and state political sub-divisions which delineate official state purposes, and by state elected officials in connection with their official state business;

(b) for educational and academic uses by schools, colleges and universities to convey information about official state functions;

(c) for use on a product or article offered to the public, for profit or without charge, through the Utah State Capitol gift shop; and

(d) such uses may not try to endorse, authenticate, recognize or promote persons or roles, or be part of administrative or promotional functions.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-5 Prohibited Usage

(1) The seal, or replica, may not be committed for general use, including:

(a) for personal financial gain;

(b) for, or in connection with, any advertising or promotion of any product, business, organization, service, or article whether offered for sale, for profit or without charge, except as provided in Subsection R622-3-4(2)(c);

(c) in a political campaign, or in ways that may legitimize or assist to defeat another candidate for elective office; or

(d) to function, or be construed to function in any way, as an endorsement of any business, organization, product, service, or article.

(2) No symbol shall be used that imitates or appears similar to the seal in a way that intends to deceive, or is displayed in a manner that conveys improper use of the official Great Seal itself.

(3) When the seal is used, no mark, insignia, letter, word, figure, design, picture, or drawing of any nature may be placed upon the seal, or any part of it.

(4) A state agency, or an elected official, other than the lieutenant governor, may not authorize an individual or entity associated with a state agency or state elected official, to use the seal or replica for a commercial purpose whereby items will be distributed for sale, even though such purpose may include the providing of goods or services to the state.

(5) The seal may not be displayed in a manner which lessens or detracts from its dignity or impact.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-6 Application for Use

(1) Persons or entities seeking permission to use the seal or replica, excepting uses outlined in Section R622-3-4, will complete and file a legible application with the lieutenant governor, on a form provided by that office, which shall include:

(a) a specific description of the intended usage involving the Great Seal of the State of Utah, or replica of the seal;

(b) the payment of a non-refundable administrative filing fee in the amount of $5; and

(c) a precise description and specification of the product or item to bear the seal, or replica, in the form of an architectural drawing, engineering draft-to-scale, brochure, or lucid photograph or computer-graphic.

(2) The application and supporting documents shall become the property of the lieutenant governor's office.

(3) Upon approval of a complete application, the applicant shall be issued a certificate bearing an identification number, by the lieutenant governor, which shall be kept by the applicant on file for four years following use of the seal. State agencies and entities which use the state seal or replica for official state functions have no application or fee requirement.

(4) An application may be denied for:

(a) failure to comply with relevant statutes or this rule;

(b) failure to include the required fee; or

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-7 Revocation of Approved Applications

The lieutenant governor may revoke any prior approved usage if it is determined that the seal is being used improperly, if the actual use differs from the intended use as described on the application, or if false or inaccurate information was used to gain approval.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

Utah Admin. Code R622-3-8 Enforcement

(1) Pursuant to Section 67-1a-7, except as otherwise provided by law, only the lieutenant governor, or the lieutenant governor's designee, may use or affix the seal to a document in pursuance of law. If any person illegally uses the seal, or such seal when defaced, the state may refer such criminal violations to an appropriate prosecuting authority.

(2) Under the provisions of Section 76-6-501 the state may seek redress against a person, or persons, who impermissibly replicate the seal as a forgery. A person or entity employing the seal, or a replica, with the intent to defraud or imply that the presence of the seal or replica appeared by permission of the state, or whose presentation of the seal denigrates its ability to authenticate by proper state authority, may be referred to an appropriate prosecuting authority.

History

KEY: Great Seal
Date of Last Change: May 31, 2024
Authorizing, and Implemented or Interpreted Law: 67-1a-7; 67-1a-2; 76-6-501

R623 Elections

R623-1 Lieutenant Governor's Procedure for Regulation of Lobbyist Activities

Utah Admin. Code R623-1-1 Purpose

Pursuant to Sections 36-11-404 and 36-11a-302, this rule provides procedures for the lieutenant governor to:

(a) Appoint administrative law judges to adjudicate alleged violations and impose penalties outlined in Title 36, Chapter 11, Lobbyist Disclosure and Regulation Act;

(b) Appoint administrative law judges to adjudicate alleged violations and impose penalties outlined in Title 36, Chapter 11a, Local Government and Board of Education Lobbyist Disclosure and Regulation Act; and

(c) Provide procedures for license applications, disapprovals, suspensions, revocations, and reinstatements that comply with the procedures and requirements of Title 63G, Chapter 4, Administrative Procedures Act.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-2 Authority

This rule is authorized by Sections 36-11-404 and 36-11a-302.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-3 Definitions

(1) In addition to the terms defined in Sections 63G-4-103, 36-11-102, and 36-11a-102, the following definitions apply:

(a) "Director" means the director of elections within the Office of the Lieutenant Governor.

(b) "Licensure Period" means the period beginning January 1 and ending December 31 of each calendar year.

(d) "Office" means the Office of the Lieutenant Governor.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-4 Disapproval of Lobbyist License Application

(1) The office may disapprove a lobbyist license application described in Section 36-11-103 if:

(a) The applicant or license application meets any of the disapproval criteria outlined in Section 36-11-103(4);

(b) The license application is not accurate, complete, or compliant with law;

(d) If, at the time of the pending application, the applicant's current lobbyist license is suspended.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-5 Suspension of Lobbyist License

(1) In addition to the penalties outlined in Sections 36-11-401 and 36-11a-301, the office may suspend the lobbyist license of an individual for a period of up to one year if the individual:

(a) Fails to pay a fine imposed under Section 36-11-401 within 30 calendar days after the day on which the office imposes the fine;

(b) Fails to file a required report described in Section 36-11-201 and fails to submit the required report within 30 calendar days after the deadline described in Section 36-11-201; or

(c) Files a license application, report, or other document to the office that contains materially false information or omits material information; including, but not limited to, the failure to list all principals for which the lobbyist works or is hired as an independent contractor.

(2) If the office suspends a lobbyist license, it shall immediately notify:

(a) The speaker of the House of Representatives;

(b) The president of the Senate; and

(3) If the office suspends an individual's lobbyist license:

(a) The individual may not lobby during the period of the suspension; and

(b) Except as provided in Subsection R623-1-5(3)(b)(i), the individual may apply for a lobbyist license after the suspension period expires by following the procedures of Section 36-11-103.

(i) The individual's lobbyist license is automatically reinstated when the period of suspension ends if the beginning and end of the suspension period is within the same licensure period.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-6 Reinstatement

(1) An individual with a suspended license may apply for reinstatement by filing a written request for reconsideration in accordance with Section 63G-4-302.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-7 Designation of Formal and Informal Adjudicative Proceedings

(1) Pursuant to 63G-4-202, the office designates all adjudicative proceedings commenced under the authority of Title 36, Chapters 11 and -11a, as proceedings to be conducted as informal proceedings. Except as provided in Subsection R623-1- 7(2), all adjudicative proceedings shall be conducted as informal adjudicative proceedings.

(2) An adjudicative proceeding will be conducted as a formal adjudicative proceeding if:

(a) A party submits a written request for a formal adjudicative proceeding to the director within seven calendar days after the day the office provides notice of office action in accordance with Section 63G-4-201; or

(b) The director determines that a formal adjudicative proceeding is in the public interest and does not unfairly prejudice the rights of any party.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-8 Commencement of Adjudicative Proceedings

(1) Adjudicative proceedings shall be commenced in accordance with Section 63G-4-201.

(2) The office shall commence an adjudicative proceeding to:

(a) Impose a civil penalty described in Section 36-11-401;

(b) Impose a civil penalty described in Section 36-11a-301;

(d) Suspend or revoke a lobbyist's license.

(3) The office may not commence an adjudicative proceeding to determine alleged criminal violations and will refer complaints and allegations of criminal violations to the appropriate prosecutorial entity.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-9 Informal Adjudicative Proceedings

(1) The office shall hold a hearing for an informal adjudicative proceeding if:

(a) A hearing is required by statute;

(b) A hearing is permitted by statute and is requested by a party in writing within 30 calendar days after the day the office provides notice of office action; or

(2) Hearing Procedure.

(a) The director shall serve as the presiding officer of an informal adjudicative proceeding.

(b) Notice of the hearing shall be mailed to all parties by regular mail at least 10 business days prior to the hearing date.

(i) The presiding officer shall accept oral or written testimony from any party.

(ii) The presiding officer may question and examine any witness called to present testimony.

(iii) The presiding officer may establish rules to conduct an orderly hearing, provided the rules do not unfairly prejudice the rights of any party.

(iv) The presiding officer shall weigh the merits of the evidence provided and exclude evidence that is irrelevant, immaterial, unduly, or repetitious.

(d) Discovery is prohibited, but the office may issue subpoenas or other orders to compel production of necessary evidence.

(e) All parties shall have access to information contained in the office's files and to all materials and information gathered in any investigation, to the extent permitted by law.

(f) Intervention is prohibited, except when a federal statute or rule requires that a state permits intervention.

(g) All hearings shall be open to all parties.

(h) The office may record the hearing, and any party, at the party's own expense, may have a reporter approved by the office to prepare a transcript from the office's record of hearing.

(i) The director may schedule a conference to encourage settlement before the hearing.

(3) If no hearing is held for an informal adjudicative proceeding, the presiding officer shall issue a decision and order pursuant to 63G-4-203 within a reasonable time.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-10 Formal Adjudicative Proceedings

(1) A formal adjudicative proceeding shall be held if the requirements of R623-1-7(2) are met.

(2) Except as provided in Subsection R623-1-10(2)(a), the director shall serve as the presiding officer of a formal adjudicative proceeding.

(a) The director shall appoint an administrative law judge to serve as the presiding officer of a formal adjudicative proceeding if the respondent requests the appointment of an administrative law judge in writing when the respondent makes the request described in Subsection R623-1-7(2)(a).

(3) Formal adjudicative proceedings shall be conducted in accordance with Sections 63G-4-204 through 63G-4-209.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

Utah Admin. Code R623-1-11 Continuance

(1) The presiding officer of any adjudicative proceeding may grant a continuance for a hearing if a party or respondent submits a written request for a continuance to the presiding officer no later than one business day before the hearing is scheduled.

History

KEY: lobbyists, lobbyist registration
Date of Last Change: December 9, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 36-11-404; 36-11a-302

R623-3 Utah State Plan on Election Reform

Utah Admin. Code R623-3-1 Purpose

The purpose of this rule is to incorporate by reference the policies and procedures of the Utah State Plan on Election Reform adopted by the State Plan Committee on November 8, 2004.

History

KEY: elections, state plan, federal election reform
Date of Last Change: June 16, 2004
Notice of Continuation: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article VII, Sections 1, 5, and 14; 67-1a-2(2); 42 U.S.C. 15404; 42 U.S.C. 15403(e)

Utah Admin. Code R623-3-2 Authority

This rule is authorized by 42 USC 15404; 42 USC 15403(e); Utah Code Subsection 67-1a-2(2); and Utah Constitution Article VII, Sections 1, 5 and 14.

History

KEY: elections, state plan, federal election reform
Date of Last Change: June 16, 2004
Notice of Continuation: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article VII, Sections 1, 5, and 14; 67-1a-2(2); 42 U.S.C. 15404; 42 U.S.C. 15403(e)

Utah Admin. Code R623-3-3 Incorporation of the Utah State Plan on Election Reform

The State Elections Office incorporates by reference the Utah State Plan on Election Reform adopted on November 8, 2004. The Utah State Plan on Election Reform originally adopted on September 25, 2003, was published in the Federal Register (69 FR14002) on March 24, 2004.

History

KEY: elections, state plan, federal election reform
Date of Last Change: June 16, 2004
Notice of Continuation: October 11, 2023
Authorizing, and Implemented or Interpreted Law: Article VII, Sections 1, 5, and 14; 67-1a-2(2); 42 U.S.C. 15404; 42 U.S.C. 15403(e)

R623-4 Processing Partisan Candidate Nomination Petitions

Utah Admin. Code R623-4-1 Purpose

(1) Pursuant to Subsection 20A-9-403(3)(f), this rule provides for the transparent, orderly, and timely submission, verification, and certification of nomination petition signatures.

(2) Pursuant to Section 20A-9-410, this rule provides procedures for complying with, and verifying compliance with, the candidate nominating process described in that part.

(3) Pursuant to Subsection 20A-3a-106(4), this rule establishes procedures to perform signature comparison audits described in Subsection 20A-9-408(9)(e) and to fulfill the chain of custody requirements described in Section 20A-9-408.3.

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

Utah Admin. Code R623-4-2 Authority

This rule is required by Title 20A, Chapter 9, Candidate Qualifications and Nominating Procedures and Subsection 20A-3a-106(4). Rulemaking authority relating to conducting an election is enacted under the authority of the Utah Constitution Act. VII, Sections 1 and 14, and Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

Utah Admin. Code R623-4-3 Definitions

(1) "Candidate" means a valid candidate who has filed for office within the current calendar year, or an individual who is submitting nomination packets on behalf of the candidate, such as a volunteer or contractor.

(2) "Conflicted race" means a race where:

(a) the current Governor is seeking reelection;

(b) the lieutenant governor is the reviewing officer and the race is for an office that the lieutenant governor is seeking; or

(3) "Filing Officer" for the purposes of this rule means the same as defined in Subsection 20A-9-101(7).

(4) "Qualification threshold" means the number of signatures required for a given office as set forth in Subsections 20A-9-403(3)(a)(ii) and 20A-9-408(8)(b).

(5) "Reasonably consistent" means the same thing as substantially similar for the purposes of this rule.

(6) "Reviewing officer" for the purposes of this rule means:

(a) the lieutenant governor for federal, state, and multicounty legislative and state school board races;

(b) a County Clerk with whom the lieutenant governor has contracted to provide nomination petition signature verification services; or

(7) "Substantially similar" means that two or more signatures share significant characteristics and resemble each other to a considerable extent, but are not necessarily identical.

(8) "Verification criteria" for signatures means the same thing as it is defined in Section R623-11-3.

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

Utah Admin. Code R623-4-4 Uniform Nomination Petition Processing Standards

(1) A nomination submission packet shall be submitted in the following manner:

(a) A candidate shall submit the petition packets, personally or by a designated agent, to the reviewing officer before the deadlines established in Sections 20A-9-403 and 20A-9-408.

(b) A candidate shall submit packets to the reviewing officer no later than 5pm on the date of the deadline described in accordance with Sections 20A-9-403 and 20A-9-408. Additionally, a candidate may submit packets only:

(i)(A) between 8am and 4pm on the last business day of each week after declaring candidacy; and

(B) excepting the deadline in Sections 20A-9-403 and 20A-9-408, any business day between 8am and 4pm during the week of the deadline described in Subsection (a).

(ii)(A) A candidate may, instead of the date provided in Subsection (b)(i)(A), submit between 8am and 4pm on any single designated weekday of the filing officer's choosing, if the chosen date is decided before January 2 of the year in which candidate filings occur.

(B) The filing officer shall provide written notice of the designated weekday for submitting packets to each signature gathering candidate upon the candidate filing a declaration of candidacy.

(c) When submitting any nomination petition, a candidate or designated agent shall comply with and supply the documents required under Subsections 20A-9-408.3(1) through (3).

(2) The reviewing officer shall provide the candidate with a copy of the submission documents that includes the following:

(a) the signature of the person making the submission;

(b) the signature of the person authorized to receive the submission;

(d) a list of any packet numbers included in the submission.

(3) If the reviewing officer rejects a submission:

(a) the reviewing officer shall provide the candidate with a written explanation for the rejection; and

(b) the rejected submission is not returned to the candidate.

(4) A candidate may supplement a nomination petition packet by submitting an unlimited number of supplemental nomination petition packets following the initial submission until the applicable deadline established in Sections 20A-9-403 and 20A-9-408.

(a) The intake of supplemental nomination petition packets shall comply with Subsections R623-4-4(1) through (3).

(b) The processing of supplemental nomination petition packets shall comply with Subsection R623-4-4(5) and Section R623-4-5.

(5) When completing the order of nomination petition packet verification, the reviewing officer shall ensure that nomination petition packets for different candidates within the same race:

(a) are verified in the order of submission; and

(b) may not be verified simultaneously.

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

Utah Admin. Code R623-4-5 Procedure for Verification of Nomination Petition Packets

(1) The reviewing officer shall verify nomination petition packets in accordance with Section 20A-1-1002, Subsection 20A-9-403(3), and Rule R623-11.

(2) If an individual signed two candidate nomination petitions for the same office, the signature on the first submitted nomination petition that meets the requirements of Section 20A-1-1002, Subsection 20A-9-403(3), and Rule R623-11, is valid in accordance with Section 20A-9-411.

(3) The reviewing officer shall review and certify each signature submitted for a candidate in accordance with Subsection 20A-9-408(9)(f).

(4) The reviewing officer may discontinue the verification of a nomination petition if, in writing, a candidate withdraws:

(a) candidacy; or

(b) the notice of intent to gather signatures.

(5) The reviewing officer shall review each signature in an individual packet once review of that packet has begun.

(6) The reviewing officer shall:

(a) communicate results to a candidate within one business day after the signature audit described in Section R623-12- 6 is conducted; and

(b) notify a candidate in writing that the candidate has met the qualification threshold.

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

Utah Admin. Code R623-4-6 Withdrawal of Petition Packets and Petition Signatures

(1) A candidate may not withdraw or take possession of a nomination petition packet once it is presented to the election officer, regardless of whether it has been accepted or rejected.

(2) A voter who has signed a candidate's nomination petition may have the voter's signature removed from the petition by submitting to the reviewing officer a statement in accordance with Subsection 20A-9-408(9)(d).

History

KEY: candidate petitions, election law, elections
Date of Last Change: January 21, 2026
Notice of Continuation: December 8, 2020
Authorizing, and Implemented or Interpreted Law: Art. VII, Secs. 1 and 14; 20A-9

R623-5 Municipal Alternate Voting Methods Pilot Project

Utah Admin. Code R623-5-1 Authority

This rule is required by Chapter 4 of Title 63G, the Utah Administrative Procedures Act, and is enacted under the authority of Chapter 3 of Title 63G, the Utah Administrative Rulemaking Act.

History

KEY: runoff, voting, counting
Date of Last Change: March 1, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 20A-4-101(2)

Utah Admin. Code R623-5-2 Definitions

"Counting Judge" means a poll worker designated to count the ballots during election day.

History

KEY: runoff, voting, counting
Date of Last Change: March 1, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 20A-4-101(2)

Utah Admin. Code R623-5-3 Purpose

Pursuant to Utah Code Section 20a-4-1 this rule provides procedures for counting judges to follow procedures outlined in 20A-4-603.

History

KEY: runoff, voting, counting
Date of Last Change: March 1, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 20A-4-101(2)

Utah Admin. Code R623-5-4 Instant Run Off Voting Counting Procedures

Counting judges shall follow the procedures outlined in Section 20A-4-603.

History

KEY: runoff, voting, counting
Date of Last Change: March 1, 2019
Notice of Continuation: October 10, 2023
Authorizing, and Implemented or Interpreted Law: 20A-4-101(2)

R623-6 Verification of Requests to Withhold Voter Registration Information

Utah Admin. Code R623-6-1 Purpose and Authority

(1) This administrative rule establishes verification requirements for individuals who submit a request to withhold the individual's voter registration information to the lieutenant governor or the county clerk.

(2) This administrative rule is authorized by Section 20A-2-104.

History

KEY: voter registration, record classification, privacy
Date of Last Change: October 23, 2025
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-104

Utah Admin. Code R623-6-2 Verification Requirements for Requests to Withhold Voter Registration Information

(1) An individual who submits a request to withhold voter registration information shall provide verification described in Subsection (3) if the individual indicates on the request that the individual is, or resides with an individual who is:

(a) a law enforcement officer;

(b) a member of the armed forces, as defined in Section 20A-1-513;

(d) protected by a protective order or protection order.

(2) An individual shall provide verification by submitting a written statement with the request that explains why the individual is eligible to withhold voter information.

(3) If an individual does not submit the verification required by Subsection (2) or the lieutenant governor or county clerk reasonably believes that the individual is not an eligible individual listed in Subsection (1), the lieutenant governor or county clerk may require the individual to submit additional documentation to verify eligibility.

(a) For an individual who indicates that the individual is a law enforcement officer, additional documentation may include:

(i) employee identification card;

(ii) copy of the individual's Peace Officer Standards and Training Certification;

(iii) law enforcement badge if it includes identifying information;

(iv) letter from the individual's employer verifying the individual's position as a law enforcement officer; or

(v) other documents, at the lieutenant governor's or county clerk's discretion, that verify the individual's position as a law enforcement officer.

(b) For an individual who indicates that the individual is a member of the armed forces, additional documentation may include:

(i) military identification card;

(ii) copy of military orders;

(iii) letter from the individual's employer verifying the individual's membership in the armed forces; or

(iv) other documents, at the lieutenant governor's or county clerk's discretion, that verify the individual's membership in the armed forces.

(i) documents that show the individual is being considered for, currently holding, or held a position of prominence in a public or private capacity or holds celebrity status;

(ii) documents or information that show the individual has an increased risk of safety due to their position or status; or

(iii) other documents, at the lieutenant governor's or county clerk's discretion, that verify the individual is a public figure as defined in Section 20A-1-102.

(d) For an individual who indicates that the individual is protected by a protective order or protection order, additional documentation may include:

(i) a copy of the protective or protection order; or

(ii) other documents, at the lieutenant governor's or county clerk's discretion, that verify the individual is protected by a protective order or protection order.

(e) For an individual who resides with an individual described in Subsection (3)(a), (3)(b), (3)(c), or (3)(d), additional documentation may include documents, at the lieutenant governor's or county clerk's discretion, that show that the individual lives with the individual described in Subsection (3)(a), (3)(b), (3)(c), or (3)(d).

(4) Withholding requests shall be processed within seven days of receipt.

(a) County Clerks shall notify voters within 30 days if their withholding request has been approved or denied.

(b) If the withholding request is denied, the clerk shall provide a written explanation for the denial.

(5) Documents provided to the county clerks under this rule shall be retained in a separate storage file by the county clerk who maintains the individual's voter registration.

(6)(a) Documents retained under this rule shall:

(i) contain a reference number that correlates the documents in the storage file with a dated note in the voter's record which also contains the county where the documents were submitted;

(ii) contain the voter identification number;

(iii) be kept in a storage file that is separate from the voter registration system; and

(iv) be retained during the time in which the voter is eligible for withheld status.

(b) Documents may be transferred to a different county clerk when the voter moves and the new county clerk requests the documentation in writing.

History

KEY: voter registration, record classification, privacy
Date of Last Change: October 23, 2025
Notice of Continuation: July 18, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-104

R623-7 Vote Tabulation Software Validation Rule

Utah Admin. Code R623-7-1 Purpose

Section 20A-5-905 requires the director of elections within the Office of the Lieutenant Governor to make rules establishing software validation procedures that an election officer shall comply with to verify that voting system files have not been tampered.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-2 Authority

This rule is authorized by Subsection 20A-5-905(1) and enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-3 Definitions

In addition to the terms defined in Section 20A-1-102, the following definitions apply to this rule:

(1) "Designee" means a full-time employee of the election officer or a full-time employee of the political subdivision of the election officer given authority by the election officer to perform software validations.

(2) "Election officer" means the county clerk or municipal clerk responsible for maintaining the system where the software is in use or will be installed.

(3) "Installation" means installing vote tabulation software, updating vote tabulation software, or overwriting existing vote tabulation software.

(4) "Software" means a computer program that is used to tabulate votes, otherwise generally known as an election management system (EMS), with the exception of software used in reference to Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project.

(5) "Validation" means obtaining the hash validation of installed software and comparing it against the trusted build hash validation from the US Election Assistance Commission (EAC) using instructions approved by the Office of the Lieutenant Governor.

(6) "Voting equipment" means equipment that is maintained and used by the election officer to scan, tabulate, or mark ballots; otherwise generally known as ballot marking devices and direct-recording electronic (DRE) voting machines.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-4 General

(1) Software shall be validated, with no errors or unknown warnings, in accordance with this rule and Section 20A-5- 802 when installing and at least once every two years thereafter.

(2) The election officer shall validate software against the trusted build hash validation from the EAC using instructions approved by the Office of the Lieutenant Governor.

(3) Validation shall be performed by the election officer, a designee, or someone authorized to perform the validation by the Office of the Lieutenant Governor.

(4) Before using any voting equipment, and before each election, the election officer shall verify that the firmware version on any voting equipment matches the firmware version that is certified by the EAC.

(5) The election officer shall make and keep a signed record of each software validation and voting equipment verification that is performed for 24 months after the software or voting equipment is no longer in use.

(6)(a) The Office of the Lieutenant Governor shall select at least five jurisdictions each year and supervise the performance of software validations and voting equipment verifications for those jurisdictions.

(b) These validations may be in addition to any other validation performed by the election officer.

(7) Nothing in this rule prevents an election officer from performing more validations than are required by this rule, but each validation shall follow the procedures outlined in this rule.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-5 Software Certification

(1) Software shall be certified in accordance with Subsection 20A-5-802(2)(a)(iii).

(2) Hash validation files are obtained by the Office of the Lieutenant Governor or the county clerk from:

(a) the EAC;

(b) or a certifying lab described in Subsections 20A-5-802(2)(a)(iii)(A) and (B).

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-6 Software Installation

(1) Election officers must obtain written permission from the lieutenant governor before the installation of any software.

(2) The election officer, or a designee, shall always be present during software installation.

(3) Before deploying the installation, the election officer, or a designee, must verify that they have a full backup of each election conducted within the last 22 months.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-7 Software Validation

(1)(a) The election officer shall be responsible for ensuring that each computer with software on it is validated when installing.

(b) If the hash values do not match then the software may not be used. The election officer shall notify the lieutenant governor within one business day of the identification of the mismatch.

(2) Systems must pass validation with no errors or unknown warnings during installation, or during any validation review, or they may not be used in an election until the system has been successfully validated.

(3) The election officer, or a designee, shall always be present during the validation.

(4) The election officer, or a designee, shall perform the validation, unless written permission is obtained from the Office of the Lieutenant Governor before the validation is performed.

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

Utah Admin. Code R623-7-8 Records

(1) A record of any vote tabulation software installations shall be made on a form provided by the lieutenant governor and shall be signed by the election officer, their designee if used, and the representative of the vendor who performed the installation, if used.

(2) The signed record of any software installations shall be retained by the election officer for 24 months after the software is no longer in use.

(3) At each canvass, the election officer shall certify that the software and voting equipment have been properly maintained in accordance with this rule and that a record of any installation performed on each piece of equipment has been kept in accordance with Subsection 20A-5-902(2).

History

KEY: elections, lieutenant governor, software, validation, voting, equipment, hash
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-5-905

R623-8 Ballot Chain of Custody

Utah Admin. Code R623-8-1 Purpose

This rule establishes requirements and guidelines for an election official regarding ballot security, including the custody, documentation of custody, handling, processing, disposition, and tabulation of ballots.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-2 Authority

This rule is authorized by Subsections 20A-3a-106(4), 20A-3a-401.1(9), and 20A-3a-404(1) and enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-3 Definitions

In addition to the terms defined in Section 20A-1-102, the following definitions apply to this rule:

(1) "Active ballot" means a ballot that is being processed for a current election.

(2) "Chain of custody" means the sequence of custody, control, and transfer of materials.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-4 General Duties

An election official shall be accompanied by at least one additional election official when active ballots are handled, collected, delivered to ballot processing centers, or processed.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-5 Ballot Collection

(1) An election official shall document the following information each time active ballots are collected:

(a) the name of any election official collecting ballots;

(b) the name of the collection site, for example, drop box or post office;

(d) the seal number used to secure the ballots; and

(e) any damage to ballots, ballot box, and concerns, including unusual situations or irregularities.

(2) An election official shall document the following information each time an active ballot is received by the ballot processing center:

(a) the time and date an active ballot is returned to the ballot processing center;

(b) seal numbers when received at the ballot processing center; and

(3) An election official shall be identifiable as an election official through the use of a badge, uniform, or other markings when engaging in ballot collection.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-6 Ballot Processing

(1) Any active ballot shall be processed in a secure location where access is controlled by an election official.

(2) An election official shall ensure that any active ballot in a processing center is monitored in accordance with Subsection 20A-3a-401.1(5)(g).

(3) An election official shall ensure that active ballots are:

(a) divided into batches and separated from other active ballots through each step of the process; and

(b) clearly identified as to which stage of the process the active ballots are in.

(4) On each day that tabulation is performed, any tabulated active ballots shall be reconciled by an election official at least once a day against:

(a) the statewide voter registration database; and

(b) the number of processed active ballots for that processing session.

(5) An election official shall ensure that each batch of active ballots is documented, noting the completion of each step according to Section R623-8-10.

(6) An election official shall ensure that the name of each watcher is documented with the date and time.

(7) An election official shall provide clear and consistent instructions to watchers when checking in in accordance with Section 20A-3a-801.

(8) An election official shall ensure that counted and uncounted active ballots are clearly marked as such and are segregated from each other.

(9) An election official shall ensure that each replicated active ballot is documented in accordance with Subsection 20A-4-104(3).

(10) An election official shall document the following when adjudicating an active ballot:

(a) the names of each election official adjudicating the active ballot; and

(b) a record of which active ballots the official adjudicated .

(11) An election official shall ensure that a ballot processing center is monitored in accordance with Subsection 20A- 3a.401.1(5)(g).

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-7 Polling Place Ballots

(1) An election official shall ensure that the number of voters checked in at a polling place shall be reconciled with the number of voted active ballots received at the polling place.

(2) At the polling place, an election official shall ensure that the following information is documented:

(a) the name of each election official receiving and delivering active ballots; and

(b) how many active ballots were received at the ballot processing center.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-8 Equipment

(1) The county clerk, or a designee, shall document each election official that has access to each piece of equipment and the level of access maintained by each election official.

(2) An election official shall ensure the following:

(a) each piece of election equipment has a barcode or control number on an access point that can be tracked; and

(b) each barcode or control number is documented.

(3) An election official shall ensure that any election equipment maintenance is documented in accordance with Subsection 20A-5-902(2).

(4) An election official shall be present for any equipment maintenance.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-9 Certificate of Compliance

The election officer shall ensure that a certificate of compliance is included with any election return in accordance with Subsection 20A-3a-404(2).

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-10 Election Return Archiving

(1) An election official shall ensure that archived material, including every ballot after an election, is stored and sealed in a receptacle and clearly labeled with the following information:

(a) a description of the contents;

(b) the name and date of the election; and

(2) Archived material shall include:

(a) any electronic or physical ballot images and back-ups; and

(b) any external storage medium used to collect ballot images or back-ups.

(3) Archived material containers shall be sealed and seal numbers, if used, shall be documented.

(4) Any access to archived material containers shall be documented.

(5) The storage area shall be secure and accessible only to authorized county clerk staff and personnel.

(6) Chain of custody documentation shall be retained in accordance with Section 20A-4-202.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-11 Physical Areas

The county clerk or a designee shall ensure that any party who accesses the ballot processing center or server rooms shall be properly authorized to enter.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

Utah Admin. Code R623-8-12 Documenting Problems

Any documentation required in this rule shall include reporting any problems or irregularities, and, if applicable, shall include:

(1) details of any observed issue or problem;

( 2 ) the date and time of when any issue or problem occurred;

( 3 ) any action taken in response to any issue or problem; and

( 4 ) any resolution to any issue or problem.

History

KEY: elections, custody, lieutenant governor, ballots
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401.1(9); 20A-3a-404(1); 20A-3a-106(4)

R623-9 Ballot Printing, Handling, and Envelope Standards

Utah Admin. Code R623-9-1 Purpose

This rule establishes minimum requirements a vendor must meet and follow to be eligible to print ballots to be used in an election in Utah. This rule establishes standards for what is printed on ballot envelopes.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

Utah Admin. Code R623-9-2 Authority

This rule is authorized by Sections 20A-6-108 and 20A-3a-106, and is enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

Utah Admin. Code R623-9-3 Definitions

In addition to the terms defined in Section 20A-1-102, the following definitions apply to this rule:

(1) "Chain of custody" means the sequence of custody, control, and transfer of materials.

(2) "Intelligent mail barcode services" or "IMb" means using a barcode that complies with USPS standards for IMb which provides tracking data for ballots through the postal system.

(3) "Personally identifiable information" or "PII" means information that can be used to identify, or infer the identity of the person to which the information belongs, and for the purposes of this rule includes, email, telephone number, social security number, driver license number, and state identification number.

(4) "Subcontractor" means a business or person that carries out any portion of the work described in this rule that is not performed by the vendor.

(5) "Vendor" means a company that prints, handles, sorts, or mails ballots on behalf of an election officer.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

Utah Admin. Code R623-9-4 Vendor Requirements

(1) A vendor shall have:

(a) a secure facility that includes:

(i) processing areas where public access is restricted through badge access with logging of the date, time, and operator of each ballot process;

(ii) 24-hour facility security through on-site security staffing, alarm system, or video surveillance; or

(iii) another method of similar security with logging of the date, time, and operator of each ballot process.

(b) documented continuity of operations plan that includes:

(i) secure data transfer, storage, backups, and redundancy;

(ii) printer and equipment redundancy; and

(iii) documented disaster recovery plan; and

(c) a documented chain of custody plan describing how ballots will be printed and delivered to a postal facility for mailing.

(2) A vendor may not subcontract any portion of the ballot printing processes described in this section without obtaining written consent from the contracting county.

(3) A vendor shall:

(a) disclose to the election officer any subcontractors, including freight handlers along with their primary point of contact;

(b) maintain the ability to track ballots through each process while ballots are in the custody of a subcontractor;

(i) how blank ballot stock and printed ballot stock are securely stored;

(ii) the process for securely destroying spoiled ballots;

(iii) the policy on conducting any employee background checks; and

(iv) how they encrypt and protect the data stated in Subsection R623-9-4(3)(d);

(d) encrypt and protect any sensitive data or PII of voters; and

(e) provide full access to the ballot processing facility and full access to any of the records described in this rule to the lieutenant governor, legislative auditors, and any county clerk for which they provide ballot printing services while contracted work is being performed including access to facilities and records of subcontractors.

(4) A vendor subcontractor shall maintain the ability to provide to the vendor and election officer a log that shows the date, time, and quantity of ballots each time ballots are transferred between the vendor and a subcontractor.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

Utah Admin. Code R623-9-5 Ballots

(1) A vendor shall ensure that the initial mailing of ballots for an election is mailed from a location in accordance with Section 20A-6-108.

(2) A vendor shall ensure that transportation to and within Utah is secure and trackable with the capability of regular updates or real-time location information provided to the election officer.

(3) A vendor shall provide IMb services for the mailing of ballots and adhere to industry standards for election mail.

(4) A vendor shall create a postal record for the mailing of each county's ballots. A vendor shall ensure that ballots are never commingled with other non-election mail or ballots from another country.

(5) Subsections R623-9-5(1) and R623-9-5(2) do not apply to ballots subject to Federal UOCAVA requirements.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

Utah Admin. Code R623-9-6 Envelopes

The county clerk shall ensure that envelopes used to mail out and return ballots meet the requirements of this section. The provisions in this section take effect by the sooner of January 1, 2026 or the next time ballot envelopes are ordered.

(1) Return and ballot envelopes shall meet USPS Official Election Mail-Graphic Guidelines and Logos standards, Publication 631, incorporated by reference in this rule.

(2) Return ballot envelopes shall comply with Subsection 20A-3a-202(4).

(3) Return envelopes shall contain the address of the election office or county clerk where the ballots are to be returned as both the addressee and the return address.

(4) Each envelope shall contain markings that show the election to which the envelope belongs. If the affidavit is removed from the envelope, both the envelope and the affidavit shall contain the date of the election.

(5) Each PII provided by the voter for ballot verification shall not be visible on the outside of the envelope once sealed.

(6) Each return envelope shall contain the unique identifying number that corresponds to a ballot record issued to a voter in the voter registration system. If the affidavit is removed from the envelope, both the envelope and the affidavit shall contain the unique identifying number.

(7) Return ballot envelopes shall contain cross-hatching unless other measures are taken to ensure that a ballot cannot be read through the envelope.

History

KEY: ballot, ballot envelope, ballot printing
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-6-108, 20A-3a-106

R623-10 Voter Registration Database Security and Voter List Maintenance Rule

Utah Admin. Code R623-10-1 Purpose

Section 20A-2-507 requires the director of elections within the Office of the Lieutenant Governor to:

(1) make rules regulating the use, security, maintenance, data entry, and updates to the voter registration system; and

(2) make rules to establish requirements to maintain the registration system by identifying tools and utilities for county clerks to run as well as documenting and reporting compliance.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-2 Authority

This rule is authorized by Section 20A-2-507, and enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-3 Definitions

In addition to the terms defined in Section 20A-1-102, the following definitions apply to this rule:

(1) "NCOA" means the National Change of Address data set maintained by the United States Postal Service.

(2) "Registration form" means a form described in Section 20A-2-104 or 20A-2-206 that is submitted to an election official for registering to vote.

(3) "Registration system" means the voter registration database described in Subsection 20A-2-502(1)(a).

(4) "Voter verification utility" means the functionality within the registration system that verifies the information of the voter in the registration system with information from the Driver License Division.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-4 County Registration System Users

(1) Before receiving access to the county registration system, county registration system users shall:

(a) be employed by the county clerk with job duties that are directly related to elections and require access to the registration system;

(b) be authorized by the county clerk and approved by the lieutenant governor; and

(2) A county clerk shall:

(a) ensure county users have completed the training for which an online training module has been developed under Section 20A-1-107 before the user performs a process covered by the training.

(b) agree to abide by a disclosure agreement provided by the lieutenant governor that outlines how data from within the registration system is protected, including:

(i) only using voter registration data for election related purposes as outlined and in accordance with Utah law;

(ii) only sharing registration data with those who are authorized under Utah law; and

(iii) never using voter registration data for personal use;

(c) the clerk shall keep a copy of the form described in Subsection (2)(b) for a period no less than 1 year after access to the registration system has been removed.

(d)(i) immediately disable any user account that is no longer active or authorized to have access;

(ii) complete a monthly review of the list of authorized users in their county;

(iii) certify monthly reviews and disabled accounts with the lieutenant governor no later than the 5th day of the following month;

(e) conduct an annual review of county users by the last business day in December as directed by the lieutenant governor that includes:

(i) verification that each active user meets the criteria of a county user as outlined in this section;

(ii) the job title of each county user;

(iii) a brief description of the election related duties of each county user; and

(iv) removal of users who have not accessed the system within the calendar year of the annual review.

(3) A county clerk's failure to complete the annual review under Subsection (2)(e) will result in the revocation of access to the registration system for that county until the necessary review has been completed.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-5 State Registration System Users

(1) Before receiving access to the state registration system, state registration system users shall:

(a) be employed by the lieutenant governor with job duties that are directly related to elections and require access to the registration system;

(b) complete security training provided by the lieutenant governor before using the registration system;

(c) agree to abide by a disclosure agreement provided by the lieutenant governor that outlines how data in the registration system is protected including:

(i) using voter registration data for election related purposes as outlined and in accordance with Utah law;

(ii) only sharing registration data with those that are authorized under Utah law; and

(iii) never using voter registration data for personal use.

(d) keep a copy of the disclosure agreement described in Subsection (1)(c) for a period no less than 1 year after access to the registration system has been removed.

(2) The lieutenant governor shall:

(a) ensure state registration system users have completed training for which an online training module has been developed under Section 20A-1-107 before the user performs a process covered by the training; and

(b) immediately disable access for users who no longer meet the requirements of Subsection (1).

(3) Each month, the lieutenant governor shall review the list of authorized state registration system users and remove any user account that does not meet the requirements of Subsection (1).

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-6 Other System Users

(1) If a request for access is received by the lieutenant governor for someone who is not a county or state user, the lieutenant governor will review that request and determine whether to grant access.

(2) If the lieutenant governor grants access under Subsection (1), the user shall follow the security procedures outlined for a state user in Section R623-10-5.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-7 Registration System Hosting and Maintenance

Hosting and maintenance of the registration system shall follow the rules and policies, incorporated by reference in this rule, set forth by the Division of Technology Services (DTS) governing the hosting, maintenance, security requirements, development, and usage of the registration system and its components, including storage and transmission of any related data policy:

(1) DTS POLICY 4000-0001 - Enterprise Application and Database Deployment Policy, last revised October 2015;

(2) DTS POLICY 4000-0002 - Enterprise User Authentication Standards Policy, last revised November 2021; and

(3) DTS POLICY 5000-0002 - Information Security Policy, last revised June 2023.

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

Utah Admin. Code R623-10-8 Voter List Maintenance Tools and Utilities

(1) A county clerk shall maintain the registration system by using the following utilities:

(a) process each voter registration form within 7 days of receiving the form and certify to the lieutenant governor that each registration form received within 7 days of the end of the month has been processed, unless the registration was received during the period from the voter registration deadline described in Section 20A-2-102.5 through the canvass as outlined in Section 20A-4-301;

(b) run the voter verification utility each time a clerk receives a voter registration form;

(d) perform a duplicate voter check in accordance with Subsection 20A-2-503(4); and

(e) perform the annual maintenance utility in accordance with Subsection 20A-2-503(4)(a).

(2) 90 days before each election, a county clerk shall certify to the lieutenant governor that the county clerk has performed, or will perform, an NCOA check before mailing the county's main ballot extract.

(3)(a) A county clerk shall certify monthly to the lieutenant governor that they have properly run each utility listed in Subsection (1).

(b) Certification shall be made to the lieutenant governor no later than the 5th day of the following month.

(4) The lieutenant governor shall maintain a record of the certifications made by the county clerks on the lieutenant governor's website in accordance with Subsection 20A-2-502(5).

History

KEY: voter registration, election, voter list maintenance
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-2-507

R623-11 Signature Verification Standards

Utah Admin. Code R623-11-1 Purpose

This rule establishes minimum standards for county clerks to verify signatures on ballot envelopes and to comply with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec. 12131.

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

Utah Admin. Code R623-11-2 Authority

This rule is authorized by Subsection 20A-3a-401(13) and enacted under the authority of Title 63G, Chapter 3, Utah Administrative Rulemaking Act.

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

Utah Admin. Code R623-11-3 Definitions

In addition to the terms defined in Section 20A-1-102, the following definitions apply to this rule:

(1) "ADA box" means the information required under Subsection 20A-3a-401(7)(d).

(2) "Cured ballot" means a ballot for which the notice described in Subsection 20A-3a-401(6) has been returned and is eligible to be counted.

(3) "Verification criteria" for signatures means;

(a) general agreement in style and appearance;

(b) consistency in terms of size and proportion of individual letters; and

(4) "Considerations" for signatures means:

(a) accounting for change in signature due to age, disability, accident, or other factors that may impact the quality or consistency of a signature; and

(b) no threshold of minor discrepancies should outweigh the general character of two signatures that appear so similar that they must have been written by the same hand.

(5) "Substantially similar" means that two or more signatures share significant characteristics and resemble each other to a considerable extent, but are not necessarily identical.

(6) "Reasonably consistent" means the same thing as substantially similar for the purposes of this rule.

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

Utah Admin. Code R623-11-4 Signature Verification Standards for Ballots

(1) The election officer shall ensure that each signature on the affidavit of each ballot is reviewed in accordance with the verification criteria and considerations. If the signature demonstrates significant conformity to the verification criteria, it should be accepted.

(2) The election officer shall ensure that each election worker reviewing ballot affidavit signatures has completed the training required under Subsection 20A-3a-401(13) before reviewing the signatures on any ballot affidavit.

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

Utah Admin. Code R623-11-5 Signature Verification Standards for Candidate Nomination Petitions

(1) In accordance with Subsection 20A-9-401(1), verification of candidate nomination petition signatures should be construed liberally. Election staff should operate under the assumption that the signature is that of the voter.

(2) The election officer shall ensure that each signature is reviewed in accordance with the verification criteria and considerations. If the signature is more likely than not to be that of the voter, it should be accepted.

(3) The election officer shall ensure that each election worker reviewing candidate nomination petition signatures has completed the training required under Subsection 20A-3a-401(13) before reviewing any signatures.

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

Utah Admin. Code R623-11-6 Alternative Verification for Voters with a Qualifying Disability

(1) Each rejected ballot affidavit required under Subsection 20A-3a-401(7)(d) shall include an ADA box.

(2) The election officer shall contact a voter who has a cured ballot where the ADA box was marked and mutually agree upon a method to affirmatively know that the voter themself has cast their ballot.

(3) The election officer shall mark in the voter's record that they are a voter with a disability and maintain a list of voters that meet the qualifications of Subsection 20A-3a-401(7)(d)(v). The election officer shall ensure that a voter who marks the ADA box and has complied with this section does not receive the notice described in Subsection 20A-3a-401(7)(a).

History

KEY: Elections, Lieutenant Governor, signature, verification, ADA, disability, voting
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-401(13); 20A-3a-106(3)

R623-12 Audits

Utah Admin. Code R623-12-1 Purpose

(1) Pursuant to Subsection 20A-4-104(1)(f), this rule outlines processes to ensure that before each election return is approved as official, the automatic tabulating equipment passes a post election audit to ensure that each ballot was tabulated accurately.

(2) Pursuant to Section 20A-3a-402.5, this rule outlines procedures for an audit of signature comparisons made between signatures on envelopes and voter signatures maintained by the election officer.

(3) Pursuant to Subsection 20A-9-408(9), this rule outlines procedures for audits of signatures reviewed for candidate nomination petitions.

R6 23-12-2. Definitions.

"Conflicted race" means a race where:

(1) the governor is seeking reelection;

(2) the reviewing officer is seeking reelection; or

(3) the reviewing officer is the reviewing officer and the race is for an office that the reviewing officer is seeking.

History

KEY: Elections, Election Audits, Post Election Audits, Ballot Envelope Signature Audit, Candidate Nomination Petition Signature Audits
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-106; 20A-1-108

Utah Admin. Code R623-12-3 General Requirements of Election Audits

(1) An Auditor shall conduct each audit in the view of the public.

(2) An auditor shall only audit a different auditors work.

(3) The same auditor may not perform the entirety of an audit.

(4) The election officer shall document that each auditor has completed each required training for the process that auditor is auditing as required under Section 20A-1-107 within the current calendar year.

(5) Each auditor shall take a current oath of office under Utah Constitution Article IV, Section 10.

(a) An oath of office taken by a current officeholder is sufficient.

(b) An election officer may create an office policy to help determine whether an oath of office is current.

(6) Each auditor shall be free from other duties, responsibilities, and distractions during the time they are conducting an audit.

(7) The election officer shall provide additional training or make staff reassignments, as needed, based on the results of audits conducted under this rule. Additional training should be documented and included with the audit findings.

(8) The election officer shall create and sign documentation for each audit that records:

(a) the full name of the auditor who performed the audit;

(b) the date and time of the audit;

(d) results of the audit, including any discrepancies or adverse findings;

(e) any remedial action taken as a result of findings of an audit conducted under this rule, which may include further review of work being audited, additional training, or the removal of the worker from the task where discrepancies or adverse findings are present;

(f) an acknowledgement that each auditor took the oath of office in accordance with Subsection (5); and

(g) an acknowledgement that each auditor completed any required training for the process being audited as required under Subsection (2)(4).

(9) Each auditor shall sign an affidavit created by the election officer that:

(a) contains an acknowledgment of having a current oath of office;

(b) contains an acknowledgment of having taken any required training for the process being audited under Section 20A-1-107;

(d) lists any exceptions that were found: and

(e) in the case of a common affidavit, is signed by any auditors who worked together on an audit.

(10) The results and documentation for audits conducted under this rule are a public record and, unless otherwise specified by law, shall be retained for 22 months from the date of the audit.

(11) Except for Subsection R 623-12-6(2), the Office of the Lieutenant Governor shall establish a written audit policy that provides direction on election audits conducted under this rule.

(12) The Office of the Lieutenant Governor shall provide clarification and resolve any question that is raised about the audit rule or audit policy created by the Office of the Lieutenant Governor.

History

KEY: Elections, Election Audits, Post Election Audits, Ballot Envelope Signature Audit, Candidate Nomination Petition Signature Audits
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-106; 20A-1-108

Utah Admin. Code R623-12-4 Post Election Audits

(1) The purpose of a post election audit is to ensure that the tabulation equipment has properly scanned and tabulated ballots cast.

(2) The Office of the Lieutenant Governor shall establish a post election audit policy that, in addition to the requirements of Section R623-12-3, shall:

(a) be completed after election day and before the local canvass;

(b) be noticed as a class A notice at least 48 hours before the audit;

(d)(i) consist of at least 1% of any ballots in batches up to 1,000 ballots.

(ii) At least one batch from each scanner that was used shall also be included in the audit;

(e) require counties to audit a minimum of 50 ballots;

(f) require that complete batches be audited;

(g) create a uniform audit summary form for use by the county clerks; and

(h) require the county clerk to submit a signed audit summary form that was also presented to the county clerk's board of canvassers with the canvass documents sent to the Office of the Lieutenant Governor.

History

KEY: Elections, Election Audits, Post Election Audits, Ballot Envelope Signature Audit, Candidate Nomination Petition Signature Audits
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-106; 20A-1-108

Utah Admin. Code R623-12-5 Ballot Envelope Signature Audit

(1) The purpose of the signature verification audit is to ensure that election workers perform signature verification by properly passing or challenging ballots before tabulation.

(2)(a) The Office of the Lieutenant Governor shall establish a signature audit policy that, in addition to the requirements of Section R623-12-3, shall:

(i) be performed on 1% of ballot envelopes before any passed ballots in that group are separated from that ballot's envelope;

(ii) be performed on 1% of every challenged ballot before notification is sent to voters; and

(iii) require election officials to create a written policy for determining the 1% selection of ballot envelopes the election official will audit.

(b) The written policy established in Subsection (2)(a)(iii) shall:

(i) state that it is ideal to select random samples that check signatures in multiple batches and involve multiple election workers;

(ii) allow for variation in procedures based on county-specific processes and equipment; and

(iii) be provided to the Office of the Lieutenant Governor and made available to anyone who requests a copy.

(c)(i) Each auditor shall compare the signature on the envelope to the signature on file in VISTA to determine if the correct decision was made to count or challenge the ballot.

(ii) If the auditor finds a discrepancy, that auditor should note the issue and audit a larger sample of the individual who performed the initial work that is being audited.

(d) require an audit summary report to be signed by the County Clerk, presented to the board of canvass, and then transmitted with other canvass materials to the Office of the Lieutenant Governor, as required by Subsection 20A-3a-402.5(4).

History

KEY: Elections, Election Audits, Post Election Audits, Ballot Envelope Signature Audit, Candidate Nomination Petition Signature Audits
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-106; 20A-1-108

Utah Admin. Code R623-12-6 Candidate Nomination Petition Signature Audit

(1)(a) The lieutenant governor shall establish a written audit policy for candidate nomination petitions establishing procedures to comply with Subsection 20A-9-408(9) where the lieutenant governor is the reviewing officer.

(b) The contracted county clerk may not perform the audit unless it is for a conflicted race, or unless authorized by the Director of Elections in the Office of the Lieutenant Governor.

(2)(a) Each county clerk shall develop a written audit policy establishing procedures to comply with Subsection 20A- 9-408(9) for nomination petitions where the county clerk is the reviewing officer.

(b) The policy shall include the designation of another elected official to conduct audits of a conflicted race.

(3) The audit policies established by the lieutenant governor or a county clerk shall meet the following minimum standards in addition to the requirements of Section R623-12-3:

(a) the audit is conducted on 1% of each reviewed signature, including a sampling of valid and rejected signatures;

(b) the audit may not be performed until after the required threshold has been met;

(c) the audit shall be completed no later than one day before the day on which the qualified political party holds the convention to select a nominee for the elective office to which the signature packets relate in accordance with Subsection 20A-9- 408(9)(c); and

(d) the audit shall be performed on a random selection of signatures, not packets.

(4) A county clerk shall ensure that an audit contains a review verifying:

(a) that each selected signature is assigned to the correct packet and candidate by ensuring the number on the physical packet matches the packet number associated with the signature and the correct candidate in the petition verification system;

(b) that, for a signature that is rejected, the reason was properly marked in the packet and logged in the petition verification system; and

(i) the determination of the reviewing officer;

(ii) if the signer resides in the same district as the candidate;

(iii) if the signer belongs to a political party eligible to sign the nomination petition;

(iv) the signatures were properly marked as valid in the packet and logged into the petition verification system; and

(v) if the reviewer was sworn in and properly trained.

History

KEY: Elections, Election Audits, Post Election Audits, Ballot Envelope Signature Audit, Candidate Nomination Petition Signature Audits
Date of Last Change: October 23, 2025
Authorizing, and Implemented or Interpreted Law: 20A-3a-106; 20A-1-108

R623-100 Remote Notarization

Utah Admin. Code R623-100-1 Authority

This rule is required by Section 46-1-3.7 and is enacted under the authority of Chapter 3 of Title 63G, the Utah Administrative Rulemaking Act.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-2 Definitions

A. "Credential Analysis" means a method to verify a principal's identity, as described in 46-1-2(19) and R623-100-4, utilized by a remote notary public.

B. "Identity proofing" means a process or a service operating according to this rule through which a third person or party affirms the identity of a principal through a review of the principal's personal information.

C. "Knowledge-Based Authentication" is an identity assessment that is based on a set of questions formulated from public or private data sources.

D. "Multi-Factor Authentication" means a method of access control in which a principal is granted access after successfully presenting personal identity evidence using at least two or more of the following mechanisms: knowledge-based authentication; credential analysis; or biometric data.

E. "Principal" means a person whose electronic signature is notarized in a remote notarization.

F. "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

G. "Remote Notarial Act" means the recorded process of completing a remote notarization between the principal and remote notary public described in Section 46-1-6.

H. "Remote Notarial Certificate" means the portion of a remotely notarized electronic document that is completed by a remote notary public and that bears the notary public's electronic signature, electronic seal and certification language as provided by Section 46-1-6.5.

I. "Remote notarization solution" means a set of applications, programs, hardware, software or technology designed to enable the performance of a remote notarial act.

J. "Solution Provider" means a third-party vendor, approved by the lieutenant governor, providing a software solution enabling a Utah remote notary public to perform the duties of, or complete, a remote notarial act.

K. "Tamper-Evident" means a technology-based process that indicates whether a change has been made to an electronic document since the technology was applied.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-3 Purpose

Pursuant to Section 46-1-3.7, this rule outlines technical and procedural guidance for remote notaries public and solution providers to complete remote notarizations.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-4 Remote Notary Public Certification

A. A commissioned notary public may apply for certification to perform remote notarizations from the lieutenant governor.

B. In addition to meeting the application requirements in Section 46-1-3.5, the applicant shall submit to the lieutenant governor the following information:

The notary public's commission number as assigned by the lieutenant governor;
The notary public's commission expiration date;
The name of the solution provider authorizing the notary public's use of the remote notarization product;
A copy of the notary public's electronic seal and electronic signature provided by the solution provider; and
A statement certifying that the notary public will comply with the provisions of R623 Remote Notarization and Title 46 Chapter 1 Notaries Public Reform Act.

C. Upon an applicant's meeting the requirements set forth in Section 46-1-3.5 and R623-100-1, the lieutenant governor may update the notary public's record allowing the applicant to perform remote notarial acts.

D. A remote notary public shall use an approved solution vendor to perform remote notarial acts.

E. A notary public providing remote notarial services without a current remote notary certificate is subject to suspension or revocation of his or her notary commission and other penalties as prescribed by Title 46 Chapter 1 Notaries Public Reform Act.

F. Any suspension or revocation of a remote notary public's traditional notary public commission will result in suspension or revocation of the notary public's remote certification until such time that the lieutenant governor lifts such suspension or revocation.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-5 Credential Analysis and Authentication

A. Credential analysis must be provided by a reputable third-party vendor or software tool that can demonstrate proven credential analysis processes and shall employ technology that provides the following:

The principal's identity must be bound to the principal following successful knowledge-based authentication, or biometric data; and
Remote notarization procedures shall provide for human visual comparison between the principal and the principal's identification presented to the remote notary.

B. Remote notarization solution providers shall use an automated software process to aid the notary in verifying each principal's identity.

The identification shall pass an authenticity test that:

i. Uses appropriate technologies to confirm the integrity of visual, physical or cryptographic security features;

ii. Uses appropriate technologies to confirm that the identification is not fraudulent or inappropriately modified;

iii. Uses information held or published by the issuing source or authoritative source, as available, to confirm the validity of the identification details; and

iv. Provides the result of the authenticity test to the notary.

The identification analysis procedure shall enable the notary to visually compare the following for consistency:

i. The information and photo on the identification image presented; and

ii. The principal as viewed by the notary in real time through the audio/video system.

If the remote notary public is unable to validate the identification of the principal, or to match the 's physical features with the credential, the remote notary public shall not complete the remote notarial act.

i. No further attempt may be made by the notary or the Solution Provider to complete the notarial act using audio- video communication using that credential.

Identification requirements shall be a type required under 46-1-2(19)(b).
The identification image shall be captured and shall confirm that:

a. The principal is in possession of the identification at the time of the notarial act;

b. The identification images submitted for credential analysis have not been manipulated; and

c. The identification images match the identification in the principal's possession.

ii. The following general principles should be considered in the context of image resolution:

a. Captured image resolution should be sufficient for the issuing source or authoritative source to perform Credential Analysis per the requirements above;

b. Image resolution should be sufficient to enable visual inspection by the notary, including legible text and clarity of photographs, barcodes, and other identification features; and

c. All images necessary to perform visual inspection and Credential Analysis shall be captured.

C. Knowledge-based authentication procedure must meet the following requirements:

Each principal must answer questions and achieve a passing score. The procedure must include:

a. Five multiple choice questions, drawn from public or private data sources.

b. A minimum of five possible answer choices per question.

c. Require that 80% of the questions are correctly answered within two minutes by the principal.

Each principal is to be provided a reasonable number of attempts per signing session.

i. If a principal fails their first quiz, they may attempt up to two additional quizzes within 48 hours from the first failure.

ii. During any quiz retake, a minimum of 40% (2) of the prior questions shall be replaced.

Biometric sensing technologies for remote notarization in the areas of authentication, credential analysis, and identity proofing verification may include facial, voice, and fingerprint recognition.
If a principal exits the notarial act during the notarial act, they shall restart the credential analysis and authentication workflow from the beginning.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-6 Audio and Video Quality Requirements

A. A reliable remote notarization operating model should consist of continuous, synchronous audio and video feeds with good clarity such that all participants can always be clearly seen and understood.

B. The remote notary shall determine if the quality of both the audio and the video are adequate for communication and provide direction to terminate the session if adequate conditions are not met.

C. The audio/video recording shall include the person-to-person interaction required as part of the remote notarial act, shall be logically associated to the electronic notary journal, and shall be capable of being viewed and heard using broadly available audio/video players.

The transaction documents executed in the remote notarization act shall not be recorded as part of the video recording.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-7 Electronic Notary Journal Storage

A. Actions completed as part of a remote notarization act shall be recorded in an electronic notary journal. Each entry in this electronic journal shall clearly indicate the notarial act performed, the date and time of its performance, the name of the principal performing the action and the IP address of the principal performing the action.

B. Each document completed as part of a Remote Notarization shall be electronically signed and rendered Tamper- Evident.

C. Solution Providers shall have comprehensive security programs in place to ensure privacy and data security. D. Solution Providers shall be vigilant to ensure consumer data, privacy and information security laws and regulations are satisfied through their information security programs.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-8 Solution Provider Application Process

A. A solution provider may apply for approval to provide a remote notary solution submitted to the lieutenant governor electronically and shall include the following:

Legal name of the Solution Provider;
How the business is organized;
Mailing address of the Solution Provider;
Physical address of the Solution Provider;
Solution provider's contact name;
Phone number of the contact person;
Email of the contact person;
The name of the remote notarization solution provided;
The name of the provider or providers of the knowledge-based authentication, Credential Analysis and digital certificate services
A description of the technology used to ensure compliance with R623-100;
Plan for the disposition, including but not limited to the retention and storage of documents, journals, recordings, etc., in the event the Solution Provider no longer provides the remote notary solution, for whatever reason; and
Declaration that the solution complies with Utah laws pertaining to remote notarization.

B. Any information provided to the lieutenant governor pursuant to R623-100-7 is confidential and shall not be disclosed by the lieutenant governor except when required by law.

C. A Solution Provider's solution shall be approved by the lieutenant governor prior to use in this state and shall:

Provide secure access to the solution by password or other secure means identifying the Utah remote notary public;
Verify from the lieutenant governor's notary registry, each time a remote notary public logs into the solution to ensure that the remote notary public is in active status before performing a remote notarization;

D. Approval of the Solution Provider by the lieutenant governor will be sent electronically to the provider's contact email.

E. The lieutenant governor may approve, reject or request additional information on the application.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7

Utah Admin. Code R623-100-9 Recording for Remote Notarized Documents

A. The remote notarization solution provider's system, process, and procedures shall be capable of generating a printable version of all documents executed in the system, including but not limited to the documents executed in the notarial act, and associated tamper-evident certifications as required by the lieutenant governor.

B. Any document notarized remotely shall clearly state, in the remote notarial certificate, that the principal making the acknowledgment, oath or affirmation and signing the document appeared remotely using audio/video communication technology.

History

KEY: remote notarization
Date of Last Change: November 8, 2019
Notice of Continuation: October 30, 2024
Authorizing, and Implemented or Interpreted Law: 46-1-3.7