Student Voting Project | Utah

Voting at School

ID Requirements

All voters must present “valid voter identification” at the polling place.[1]  If the poll worker is not satisfied with the validity of the identification given, then you may cast a provisional ballot and within five days you must go to the county clerk’s office and show valid voter identification for the ballot to count.[2]   If you cannot show the required ID at the polls, then you are still entitled to vote by provision ballot.[3]  That ballot will be counted if the county clerk determines that you are an eligible voter.[4]  If you are voting by absentee ballot and the election official determines that you must show valid voter identification, then you will have to either submit a copy of valid identification when you register or you will have to vote by provisional absentee ballot and submit identification with your ballot.[5]

“Valid voter identification” means either one form of photo ID that includes your name, or two forms of ID that include your name and proof of residency within the voting precinct.[6]  Acceptable forms of photo ID include a valid Utah driver’s license, a valid US passport, any other photo ID issued by the state of Utah or by the U.S. government, and a tribal identification card regardless of whether it contains a photo.[7]  A valid student ID issued by any college, university or professional school located in-state and an employee ID card issued by an in-state employer, which previously counted as a valid photo ID for first-time voters, is no longer acceptable.  Acceptable forms of non-photo ID include a voter ID card, birth certificate, current utility bill (or a copy of one), bank account statement (or a copy of one), paycheck (or a copy of one), any government check (or a copy of one), and a Utah hunting or fishing license.[8]  Cellular telephone bills will be accepted, as will online print-outs of relevant documents; student housing bills may or may not be accepted.[9]

Registration Requirements

Regular voter registration ends 30 days before Election Day,[10] and mail-in registrations must be postmarked by that date.[11]  You can register in person at the county clerk’s office up to 15 days before an Election, although you won’t be able to vote through Utah’s early voting program if you register in this late registration window.[12]

Residency Requirements

Under Utah law, you are a resident for voting purposes if your principal home is in Utah and if you presently intend to stay in Utah for an indefinite amount of time.[13] Your intention to make Utah your resident state is of key importance.[14]

Utah presumes that anyone who registers to vote in Utah is a true resident of Utah.[15]  Accordingly, if you register to vote in Utah, your registration cannot be denied on the basis of residency, and it cannot be canceled unless there is “clear and convincing” evidence that you do not currently intend to remain permanently or indefinitely in Utah.[16]

Students who lived in Utah before moving elsewhere to attend school, and who wish to establish or keep their Utah voting residency (i.e., at their parents’ Utah address), should have no problem doing so unless they’ve already registered to vote in another state.  Like all states, Utah allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state.  While registering to vote in another state is not automatically considered abandonment of residency in Utah, some judges or officials might view it as such.  Casting a ballot in another state will definitely be considered an abandonment of your Utah residency[17], and students who have voted in another state will have to re-establish residency in Utah if they wish to vote there.

Any person may challenge your eligibility to vote based on residency until 2 business days before the date voting begins by filing a written signed statement.[18]  If your eligibility is challenged in this way, poll workers will raise the challenge with you on Election Day and follow the procedure for Election Day challenges.[19]

On Election Day, only partisan poll watchers and poll workers may challenge voters’ eligibility.[20]  If your eligibility to vote is challenged on Election Day, you will be asked to show ID to verify your identity and residence.[21] If the poll worker determines that your ID proves your residence, you can vote by regular ballot.[22]  Otherwise, you are still entitled to vote at the polls by provisional ballot.[23]  That ballot will be counted if the county clerk determines that you are an eligible voter.[24]

Absentee Requirement

Any registered voter may vote by absentee ballot.[25] Blank applications are available on the web site of the Lieutenant Governor, and applications must be received by your local elections officials no later than the Friday before Election Day.[26] If you’re submitting your absentee ballot by hand, you must turn it in to election officials by the Friday before Election Day.[27] If you’re mailing it in, it must be postmarked by the day before Election Day and received in the office of the election officer by the time ballots are canvassed (fully counted), which usually happens seven to fourteen days after an election.[28] Neither your application nor your ballot needs to be witnessed.

Voting at Home

ID Requirements

At the polls, "valid voter identification" is required for first-time voters who register by mail, for voters voting early or in-person absentee, and when a voter's eligibility is challenged. In addition, election officials working at the polls may ask for ID if they have a reason to doubt that voter's identity. If you cannot show required ID at the polls, you are still entitled to vote by provision ballot. That ballot will be counted if the county clerk determines that you are an eligible voter. If you are voting by absentee ballot after registering by mail for the first time in Utah, you will have to either submit a copy of valid identification when you register or you will have to vote by provisional absentee ballot and submit identification with your ballot.

"Valid voter identification" means either one form of photo ID that includes your name, or two forms of ID that include your name and address. Acceptable forms of photo ID include a valid student ID issued by any college, university or professional school located in-state, a valid Utah driver's license, a valid US passport, an employee ID card issued by an in-state employer, and any other photo ID issued by Utah or by the U.S. government. Acceptable forms of non-photo ID include a voter ID card, current utility bill (or a copy of one), bank account statement (or a copy of one), paycheck (or a copy of one), any government check (or a copy of one), and a Utah hunting or fishing license. Cellular telephone bills will be accepted, as will online print-outs of relevant documents; student housing bills may or may not be accepted. The lists above are not complete; many other forms of photo and non-photo ID are accepted as well.

Registration Requirements

Regular voter registration ends 30 days before Election Day, and mail-in registrations must be postmarked by that date. If that date falls on a weekend or holiday, the deadline will be extended to the following day. You can register in person at the county clerk's office up to 15 days before an Election, although you won't be able to vote through Utah's early voting program if you register in this late registration window.

Residency Requirements

You are a resident for voting purposes if your principal home is in Utah and if you presently intend to stay in Utah for an indefinite amount of time. Your intention to make Utah your resident state is of key importance.

Importantly, Utah presumes that anyone who registers to vote in Utah is a true resident of Utah. Accordingly, if you register to vote in Utah, your registration cannot be denied on the basis of residency, and it cannot be canceled unless there is "clear and compelling" evidence that you do not currently intend to remain permanently or indefinitely in Utah.

Students who lived in Utah before moving elsewhere to attend school, and who wish to establish or keep their Utah voting residency (i.e., at their parents' Utah address), should have no problem doing so unless they've already registered to vote in another state. Like all states, Utah allows students to keep their voting residency even if they move out of the district to attend school, and the only way you might lose this residency is by establishing residency in a new state. While registering to vote in another state is not automatically considered abandonment of residency in Utah, some judges or officials might view it as such. Casting a ballot in another state will definitely be considered an abandonment of your Utah residency, and students who have voted in another state will have to re-establish residency in Utah if they wish to vote there.

Challenges to Residency

Any person may challenge your residency until 2 business days before the date voting begins by filing a written signed statement. If your vote is challenged in this way, poll workers will raise the challenge with you on Election Day and follow the procedure for Election Day challenges.

On Election Day, only partisan poll watchers and poll workers may challenge voters. If your eligibility to vote is challenged on Election Day, you will be asked to show ID to verify your identity and residence. If the poll worker determines that your ID proves your residence, you can vote by regular ballot. Otherwise, you are still entitled to vote at the polls by provisional ballot. That ballot will be counted if the county clerk determines that you are an eligible voter.

Absentee Requirement

Any registered voter may vote by absentee ballot. Blank applications are available on the web site of the Lieutenant Governor, and applications must be received by your local elections officials no later than the Friday before Election Day. If you’re submitting your absentee ballot by hand, you must turn it in to election officials before polls close on Election Day. If you’re mailing it in, it must be postmarked by the day before Election Day and received in the office of the election officer by the time ballots are canvassed (fully counted), which usually happens seven to fourteen days after an election. Neither your application nor your ballot needs to be witnessed.

[1] Utah Code Ann. § 20A-3-104(1)(b) (West 2009).

[2] Id. at § 20A-3-104(1)(c)(ii)-(iii).

[3] See id. at § 20A-3-105.5(1)(c), (3)-(4).

[4] Id. at § 20A-4-107(2)(a).

[5] Id. at § 20A-3-305(3) (West 2009).

[6] Id. at § 20A-1-102(76).

[7] Id. at § 20A-1-102(76)(a).

[8] Id. at § 20A-1-102(76)(b).

[9] Interview with Spencer Hadley, Special Assistant to the Lt. Gov of Utah (July 8, 2008).

[10] Utah Code Ann. § 20A-2-102.5(2) (West 2009).

[11] Id. at § 20A-2-202 (1)(c)(ii).

[12] Id. at § 20A-2-201. 

[13] Id. at § 20A-2-105(3)(a).

[14] See Id. at §§ 20A-2-105; 20A-1-102(64)(West 2009) (defining “resident” as someone who resides within a specific Utah voting precinct).  The Attorney General has made clear that Utah’s gain or loss provision places no additional burden on students.  89 Op. Att’y Gen. 03 (Utah 1989).  Every student’s residency must be determined by the same factors applied to all other voters and judged on a case-by-case basis.  Id.

[15] Utah Code Ann. § 20A-2-105(6)(a) (West 2009).

[16] Id. at § 20A-2-105(6)(b).

[17] Id. at § 20A-2-105(4)(e)(ii).

[18] Id. at § 20A-3-202(1)(b), (2)(a)-(b).

[19] Id. at § 20A-3-202(2)(d), (4) (West 2009).

[20] Id. at § 20A-3-201(1)(a)(i), (3).

[21] Id. at § 20A-3-105.5(2).

[22] Id. at § 20A-3-105.5(3).

[23] Id. at § 20A-3-105.5(4) (West 2009).

[24] Id. at § 20A-4-107(2)(c).

[25] Id. at § 20A-3-301.

[26] Id. at § 20A-3-304(3)(a).

[27] Id. at § 20A-3-306(2)(a) (West 2009).

[28] Id. at § 20A-3-306(2)(b).