PocketLaw | Utah Code | Voting Equipment Grant Program --

Voting Equipment Grant Program -- Qualifications for receipt -- Matching funds -- Acceptable uses.

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Affected by 63I-2-220 on 7/1/2023

Effective 5/12/2020
20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt -- Matching funds -- Acceptable uses.

(1) As used in this section:
- (a) "Program" means the Voting Equipment Grant Program created in this section.
- (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
  - (i) the total amount of funds appropriated by the Legislature to the program; and
  - (ii) the quotient of:
    - (A) the total number of active voters in a county; and
    - (B) the total number of registered voters in the state.

(2)
- (a) There is created the Voting Equipment Grant Program as a grant program to assist counties in purchasing new voting equipment systems.
- (b) The lieutenant governor shall administer the program using funds appropriated by the Legislature for the purpose of administering the program.

(3)
- (a) After January 1, 2018, a county may submit a proposal to the Office of the Lieutenant Governor to participate in and receive funds from the program.
- (b) A proposal described in Subsection (3)(a) shall:
  - (i) describe the current condition of the voting equipment used by the county;
  - (ii) describe the county's need for a new voting equipment system;
  - (iii) describe how the county plans to comply with the requirements described in Subsection (4), including:
    - (A) a description of how the county plans to provide the matching funds described in Subsection (4)(b) if the proposal is accepted; and
    - (B) a schedule by which the requirements will be met; and
  - (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment system.

(4) A county that receives funds through a program grant:
- (a) shall use the funds to purchase a new voting equipment system that:
  - (i) meets the requirements of Section 20A-5-802;
  - (ii) creates a secure and auditable paper record of each vote; and
  - (iii) complies with any additional binding requirement made under Subsection 20A-5-803(8) by the Voting Equipment Selection Committee;
- (b) shall, for the purpose of purchasing a new voting equipment system, appropriate matching funds equal to or greater than the difference of:
  - (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); and
  - (ii) the amount the lieutenant governor is required to disburse to the county under Subsection (7)(a);
- (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
- (d) except as provided in Subsection (5), may not, after using a new voting equipment system in an election that was purchased under this section, use voting equipment that does not meet the requirements described in Subsection (4)(a); and
- (e) shall purchase a new voting equipment system described under Subsection (4)(a) that provides the best value to the county with consideration for the new voting equipment system's:
  - (i) cost of maintenance;
  - (ii) estimated operational lifetime; and
  - (iii) cost of replacement.

(5) A county that receives funds through the program may use voting equipment that does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
- (a) to the extent that using the voting equipment is necessary to accommodate a person with a disability in accordance with the requirements described in Subsection 20A-3a-202(8)(b), 20A-3a-603(1)(c), 20A-5-303(8), or 20A-5-403(2)(b)(iii); or
- (b) if the county purchased the voting equipment before receiving grant funds under Subsection (7)(a).

(6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor shall:
- (a) review the proposal to ensure that:
  - (i) the proposal complies with the requirements described in Subsection (3); and
  - (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
- (b)
  - (i) if the proposal complies with the requirements described in Subsection (3), the cost estimate appears to be reasonably accurate, and sufficient program funds are available:
    - (A) accept the proposal;
    - (B) notify the county clerk of the county that submitted the proposal that the proposal is accepted;
    - (C) notify the county clerk of the requirements described in Subsection (7); and
    - (D) disburse the funds described in Subsection (7)(a), in accordance with the requirements described in Subsection (7)(b), to the county that submitted the proposal; or
  - (ii) if the proposal does not comply with the requirements described in Subsection (3), the cost estimate does not appear to be reasonable, or sufficient program funds are not available:
    - (A) reject the proposal; and
    - (B) notify the county clerk of the county that submitted the proposal that the proposal is rejected, indicating the reason that the proposal is rejected.

(7) The lieutenant governor:
- (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
  - (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant governor accepts under Subsection (6)(b); or
  - (ii) the proportional reimbursement rate; and
- (b) may not disburse funds under Subsection (6)(b)(i)(D):
  - (i) until the county appropriates the matching funds described in Subsection (4)(b); or
  - (ii) if the disbursement would cause the county's total receipt of funds from the program to exceed the proportional reimbursement rate.

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