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Election Law @ Moritz Home Page

Election Law @ Moritz

Election Law @ Moritz

2008 Key Questions for Key States


The complete research by Election Law @ Moritz for Utah can be found below.

Institutional Arrangements

State Chief Election Authorities

Elected individual (R)

Chief election authority: Lieutenant governor. § 20A-2-300.6.

Method of selection: Elected jointly with the governor. Const. Art. VII, § 2.

Current officer: Gary Herbert (R). 2004 Candidates-Glance, AP Alert – Municipal, March 18, 2004. (Last updated 1/1/08)

State High Court Composition

Unknown affiliation/appointed

Method of selection: Gubernatorial appointment with advice and consent of Senate. Const. Art. VIII, § 8. Subsequent retention election. Const. Art. VIII, § 9.

Justices: Christine M. Durham (D), Matthew B. Durrant (appointed by R), Ronald Nehring (D), Jill N. Parrish (appointed by R), Michael J. Wilkins (appointed by R) (Last updated 12/22/07)


  • Nation-World, Salt Lake Tribune, Feb. 20, 1994, at A4.
  • Diversity May Get Its Day in Utah Courts Leavitt is Courting Jurist Diversity, Salt Lake Tribune, Mar. 16, 1995, at A1.
  • 2 jurist praised by fellow Utahns, Deseret Morning News, Feb. 10, 2003.

Voter Registration

EL@M did not research this topic for Utah


EL@M did not research this topic for Utah

Provisional Ballots

EL@M did not research this topic for Utah

Early and Absentee Voting

EL@M did not research this topic for Utah

Voting Technology

EL@M did not research this topic for Utah

Polling Place Operations

Polling place closing times - local times

8:00 PM local time

Polling place closing times - by Eastern time zone

10:00 PM Eastern time

Ballot Security

EL@M did not research this topic for Utah

Emergency Preparedness

EL@M did not research this topic for Utah

Post-Election Processes

What Court Would Hear a Presidential Contest?

Trial Court

Contest of a general election is filed with district (trial) court. Utah Code Ann. § 20A-4-403(1)(a). Contest of presidential primary is filed with the supreme court. Utah Code Ann. § 20A-4-403(2)(a). All judges are appointed by the Governor with consent of the Senate, chosen from a nominating list provided by the nominating commission established by the Legislature. Utah Const. Art. VIII, § 8.  

Who Performs Presidential recounts?


Recounts are conducted by election officers. U.C.A. 1953 20A-4-401. For statewide elections such as Presidential elections, the lieutenant governor is the election officer. U.C.A. 1953 20A-1-102. The lieutenant governor is elected. U.C.A. 1953, Const. Art. 7, s 2. The relevant code section does not state that candidates or their representatives may observe the recount. U.C.A. 1953 s 20A-4-401.

The Utah administrative code contains no additional details. See UT ADC R623-1 to R623-3.