Utah Code » Title 20A, Chapter 4 — Election Returns and Election Contests; part 20A-4-4 — Recounts and Election Contests
Utah Code

Utah Code § 20A-4-402 (2026)

Election contests -- Grounds

✓ current as of May 2026
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The election or nomination of any person to any public office, and the declared result of the vote on any ballot proposition or bond proposition submitted to a vote of the people may be contested according to the procedures established in this part only:
for malconduct, fraud, or corruption on the part of the judges of election at any polling place, or of any board of canvassers, or any judge or member of the board sufficient to change the result;
when the person declared elected was not eligible for the office at the time of the election;
when the person declared elected has:
given or offered to any registered voter, judge, or canvasser of the election any bribe or reward in money, property, or anything of value for the purpose of influencing the election; or
committed any other offense against the elective franchise;
when illegal votes have been received or legal votes have been rejected at the polls sufficient to change the result;
for any error of any board of canvassers or judges of election in counting the votes or declaring the result of the election, if the error would change the result;
when the election result would change because a sufficient number of ballots containing uncorrected errors or omissions have been received at the polls;
when the candidate declared elected is ineligible to serve in the office to which the candidate was elected;
when an election judge or clerk was a party to malconduct, fraud, or corruption sufficient to change the result of the election; and
for any other cause that shows that another person was legally elected.
Any irregularity or improper conduct by the election judges does not void an election unless the irregularity or improper conduct would result in the election of a person who did not receive the highest number of legal votes.
When any election held for any office is contested because of any irregularity or improper conduct on the part of a judge of any voting precinct, a court, upon proof of the irregularity or improper conduct may not set aside the election unless the irregularity or improper conduct would change the result for that office.
Notes of Decisions
Cited in 5 cases (2 in the last 5 years), 2012–2024 · leading case: Cox v. Laycock, 2015 UT 20 (Utah 2015).
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Cox v. Laycock, 2015 UT 20 (Utah 2015). · cites it 53× “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
Maxfield v. Herbert, 284 P.3d 647 (Utah 2012). · cites it 30× “Justice LEE, opinion of the Court: T1 Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, UTax® Cop® § 20A-4-402, asking the district court to declare him and his running mate the lieutenant governor and governor of…”
Laws v. Grayeyes, 2021 UT 59 (Utah 2021). · cites it 4× “‖21 ¶35 Laws challenged Grayeyes‘s election as county commissioner under Utah Code section 20A-4-403(1), which states that ―a registered voter‖ may ―contest the right of any person declared elected to any office by filing a verified written complaint,‖ including ―one or more of…”
Bagley v. Bagley, 2016 UT 48 (Utah 2016). “In that ease, voters filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 to contest election results.”
League of Women Voters v. Utah State Legislature, 2024 UT 40 (Utah 2024). “§ 20A-4-402(1) (“The election or nomination of any person to any public office, and the declared result of the vote on any ballot proposition or bond proposition submitted to a vote of the people may be contested according to the procedures established in [Part 4 of the Election…”
— Utah Code § 20A-4-402(1) — 3 cases
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
Maxfield v. Herbert, 284 P.3d 647 (Utah 2012). “Justice LEE, opinion of the Court: T1 Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, UTax® Cop® § 20A-4-402, asking the district court to declare him and his running mate the lieutenant governor and governor of…”
League of Women Voters v. Utah State Legislature, 2024 UT 40 (Utah 2024). “§ 20A-4-402(1) (“The election or nomination of any person to any public office, and the declared result of the vote on any ballot proposition or bond proposition submitted to a vote of the people may be contested according to the procedures established in [Part 4 of the Election…”
— Utah Code § 20A-4-402(1)(a) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(b) — 3 cases
Maxfield v. Herbert, 284 P.3d 647 (Utah 2012). “Justice LEE, opinion of the Court: T1 Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, UTax® Cop® § 20A-4-402, asking the district court to declare him and his running mate the lieutenant governor and governor of…”
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
Laws v. Grayeyes, 2021 UT 59 (Utah 2021). “‖21 ¶35 Laws challenged Grayeyes‘s election as county commissioner under Utah Code section 20A-4-403(1), which states that ―a registered voter‖ may ―contest the right of any person declared elected to any office by filing a verified written complaint,‖ including ―one or more of…”
— Utah Code § 20A-4-402(1)(c) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(c)(ii) — 1 case
Maxfield v. Herbert, 284 P.3d 647 (Utah 2012). “Justice LEE, opinion of the Court: T1 Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, UTax® Cop® § 20A-4-402, asking the district court to declare him and his running mate the lieutenant governor and governor of…”
— Utah Code § 20A-4-402(1)(d) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(e) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(f) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(g) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(h) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(1)(i) — 2 cases
Maxfield v. Herbert, 284 P.3d 647 (Utah 2012). “Justice LEE, opinion of the Court: T1 Stephen Maxfield challenged the results of the 2010 gubernatorial election under Utah's election-contest statute, UTax® Cop® § 20A-4-402, asking the district court to declare him and his running mate the lieutenant governor and governor of…”
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
— Utah Code § 20A-4-402(a) — 1 case
Cox v. Laycock, 2015 UT 20 (Utah 2015). “Lovato, Russell Jones, and Wendy Leathum (collectively, Voters) 1 filed a petition under Utah Code sections 20A-4-402 and 20A-4-403 contesting the results of the election.”
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