20A-3a-801. Watchers.
(1) As used in this section: "Administering election officer" means: the election officer; or if the election officer is the lieutenant governor, the county clerk of the county in which an individual will act as a watcher. "Candidate signature packet" means the same as that term is defined in Section. 20A-9-401.1 "Election process" means each process of an election, including a process described in Subsectionsand (5). (4)
(2) Any individual who is registered or preregistered to vote in Utah may, at any time, become a watcher of any election process in relation to an election by registering as a watcher with the administering election officer. An individual who registers under Subsectionis not required to be certified by a person under Subsectionin order to act as a watcher. (2)(a) (3) An individual who registers as a watcher shall notify the administering election officer of the dates, times, and locations that the individual intends to act as a watcher. An election official may not prohibit a watcher from performing a function described in Subsectionbecause the watcher did not provide the notice described in Subsection. (4) (2)(c) An administering election officer shall provide a copy of this section, or instructions on how to access an electronic copy of this section, to a watcher at the time the watcher registers under this Subsection. (2)
(3) A person that is a candidate whose name will appear on the ballot, a qualified write-in candidate for the election, a registered political party, or a political issues committee may certify an individual as an official watcher for the person: by filing an affidavit with the administering election officer responsible to designate an individual as an official watcher for the certifying person; and if the individual registers as a watcher under Subsection. (2)(a) A watcher who is certified by a person under Subsectionmay not perform the same function described in Subsectionat the same time and in the same location as another watcher who is certified by that person. (3)(a) (4) A watcher who is certified by a person under Subsectionmay designate another individual to serve in the watcher's stead during the watcher's temporary absence by filing with a poll worker an affidavit that designates the individual as a temporary replacement. (3)(a)
(4) A watcher may: observe the setup or takedown of a polling place; observe a voter checking in at a polling place; observe the collection, receipt, and processing of a ballot, including a provisional ballot or a ballot cast by a covered voter as defined in Section; 20A-16-102 observe the transport or transmission of a ballot that is in an election official's custody; observe the opening and inspection of a manual ballot; observe ballot replication; observe the conduct of logic and accuracy testing described in Section; 20A-5-802 observe ballot tabulation; observe the process of storing and securing a ballot; observe a post-election audit; observe a canvassing board meeting described in Chapter 4, Part 3, Canvassing Returns; observe the certification of the results of an election; observe a recount; or observe signature verification: of signatures on a return envelope containing a ballot; or relating to a candidate signature packet.
(5) To observe signature verification relating to a candidate signature packet, a watcher may observe: the receipt, initial review, and processing that occurs at the time an individual submits a candidate signature packet to an election officer; all subsequent processing, handling, and securing of a candidate signature packet; verification of signatures in a candidate signature packet; the processing, handling, and securing of a written request to remove a signature from a candidate signature packet; verification of a signature on a written request to remove a signature from a candidate signature packet; or the removal of a signature from a candidate signature packet.
(6) An administering election officer shall: permit uniform, nondiscriminatory access for a watcher to observe each stage of an election process; establish locations for a watcher to observe an event described in Subsectionor (5), other than an event described in Subsectionor, from no further than six feet away; and (4) (4)(d) (k) except for a county of the fourth, fifth, or sixth class, for any ballot adjudication, or upload of votes from a voting machine or scanner, that is conducted on a computer screen, project the activity onto a screen that is large enough to be viewed by each watcher.
(7) A watcher may not: record an activity described in Subsectionif the recording would reveal a vote, violate a voter's right to cast a secret ballot, or otherwise violate a voter's privacy; (4) record an activity described in Subsection (5), except that a watcher may take notes that do not include the name or other personal identifying information of an individual who signs a candidate signature packet or a written request to remove a signature from a candidate signature packet; interfere with an activity described in Subsectionor (5), except to challenge an individual's eligibility to vote under Section; (4) 20A-3a-803 divulge information related to the number of votes counted, tabulated, or cast for a candidate or ballot proposition until after the election officer makes the information public; or divulge information related to: the number of signatures collected to qualify a candidate for placement on a primary election ballot; or the names or other personal identifying information of an individual who signs a candidate signature packet or a written request to remove a signature from a candidate signature packet. A person who violates Subsection (7)(a)(iv) or (v) is guilty of a third degree felony.
(8) Notwithstanding Subsection (2)(a), (4), or (5), in order to maintain a safe working environment for an election official or to protect the safety or security of a ballot, an administering election officer may take reasonable action to: limit the number of watchers at a single location; remove a watcher for violating a provision of this section; remove a watcher for interfering with an activity described in Subsectionor (5); (4) designate areas for a watcher to reasonably observe the activities described in Subsectionor (5); or (4) ensure that a voter's ballot secrecy is protected throughout the watching process. If an administering election officer limits the number of watchers at a single location under Subsection (8)(a)(i), the administering election officer shall give preferential access to the location to a watcher designated under Subsection. (3) An administering election officer may provide a watcher a badge that identifies the watcher and require the watcher to wear the badge while acting as a watcher.