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H.B. 79
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8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code by amending the definition of valid voter
11 identification.
12 Highlighted Provisions:
13 This bill:
14 . provides that a valid Medicare card is valid voter identification; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-1-102, as last amended by Laws of Utah 2009, Chapter 45
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24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 20A-1-102 is amended to read:
26 20A-1-102. Definitions.
27 As used in this title:
28 (1) "Active voter" means a registered voter who has not been classified as an inactive
29 voter by the county clerk.
30 (2) "Automatic tabulating equipment" means apparatus that automatically examines
31 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
32 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
33 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
34 secrecy envelopes.
35 (4) "Ballot sheet":
36 (a) means a ballot that:
37 (i) consists of paper or a card where the voter's votes are marked or recorded; and
38 (ii) can be counted using automatic tabulating equipment; and
39 (b) includes punch card ballots, and other ballots that are machine-countable.
40 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
41 contain the names of offices and candidates and statements of ballot propositions to be voted
42 on and which are used in conjunction with ballot sheets that do not display that information.
43 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
44 on the ballot for their approval or rejection including:
45 (a) an opinion question specifically authorized by the Legislature;
46 (b) a constitutional amendment;
47 (c) an initiative;
48 (d) a referendum;
49 (e) a bond proposition;
50 (f) a judicial retention question; or
51 (g) any other ballot question specifically authorized by the Legislature.
52 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
53 20A-4-306 to canvass election returns.
54 (8) "Bond election" means an election held for the purpose of approving or rejecting
55 the proposed issuance of bonds by a government entity.
56 (9) "Book voter registration form" means voter registration forms contained in a bound
57 book that are used by election officers and registration agents to register persons to vote.
58 (10) "By-mail voter registration form" means a voter registration form designed to be
59 completed by the voter and mailed to the election officer.
60 (11) "Canvass" means the review of election returns and the official declaration of
61 election results by the board of canvassers.
62 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
63 the canvass.
64 (13) "Convention" means the political party convention at which party officers and
65 delegates are selected.
66 (14) "Counting center" means one or more locations selected by the election officer in
67 charge of the election for the automatic counting of ballots.
68 (15) "Counting judge" means a poll worker designated to count the ballots during
69 election day.
70 (16) "Counting poll watcher" means a person selected as provided in Section
71 20A-3-201 to witness the counting of ballots.
72 (17) "Counting room" means a suitable and convenient private place or room,
73 immediately adjoining the place where the election is being held, for use by the poll workers
74 and counting judges to count ballots during election day.
75 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
76 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
77 (20) "County officers" means those county officers that are required by law to be
78 elected.
79 (21) "Election" means a regular general election, a municipal general election, a
80 statewide special election, a local special election, a regular primary election, a municipal
81 primary election, and a local district election.
82 (22) "Election Assistance Commission" means the commission established by Public
83 Law 107-252, the Help America Vote Act of 2002.
84 (23) "Election cycle" means the period beginning on the first day persons are eligible to
85 file declarations of candidacy and ending when the canvass is completed.
86 (24) "Election judge" means a poll worker that is assigned to:
87 (a) preside over other poll workers at a polling place;
88 (b) act as the presiding election judge; or
89 (c) serve as a canvassing judge, counting judge, or receiving judge.
90 (25) "Election officer" means:
91 (a) the lieutenant governor, for all statewide ballots;
92 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
93 as provided in Section 20A-5-400.5 ;
94 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
95 provided in Section 20A-5-400.5 ;
96 (d) the local district clerk or chief executive officer for certain ballots and elections as
97 provided in Section 20A-5-400.5 ; and
98 (e) the business administrator or superintendent of a school district for certain ballots
99 or elections as provided in Section 20A-5-400.5 .
100 (26) "Election official" means any election officer, election judge, or poll worker.
101 (27) "Election results" means, for bond elections, the count of those votes cast for and
102 against the bond proposition plus any or all of the election returns that the board of canvassers
103 may request.
104 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
105 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
106 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
107 spoiled ballots, the ballot disposition form, and the total votes cast form.
108 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
109 device or other voting device that records and stores ballot information by electronic means.
110 (30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
111 (b) "Electronic voting device" includes a direct recording electronic voting device.
112 (31) "Inactive voter" means a registered voter who has been sent the notice required by
113 Section 20A-2-306 and who has failed to respond to that notice.
114 (32) "Inspecting poll watcher" means a person selected as provided in this title to
115 witness the receipt and safe deposit of voted and counted ballots.
116 (33) "Judicial office" means the office filled by any judicial officer.
117 (34) "Judicial officer" means any justice or judge of a court of record or any county
118 court judge.
119 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
120 Local Government Entities - Local Districts, and includes a special service district under Title
121 17D, Chapter 1, Special Service District Act.
122 (36) "Local district officers" means those local district officers that are required by law
123 to be elected.
124 (37) "Local election" means a regular municipal election, a local special election, a
125 local district election, and a bond election.
126 (38) "Local political subdivision" means a county, a municipality, a local district, or a
127 local school district.
128 (39) "Local special election" means a special election called by the governing body of a
129 local political subdivision in which all registered voters of the local political subdivision may
130 vote.
131 (40) "Municipal executive" means:
132 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
133 and
134 (b) the mayor in the council-manager form of government defined in Subsection
135 10-3b-103 (6).
136 (41) "Municipal general election" means the election held in municipalities and local
137 districts on the first Tuesday after the first Monday in November of each odd-numbered year
138 for the purposes established in Section 20A-1-202 .
139 (42) "Municipal legislative body" means the council of the city or town in any form of
140 municipal government.
141 (43) "Municipal officers" means those municipal officers that are required by law to be
142 elected.
143 (44) "Municipal primary election" means an election held to nominate candidates for
144 municipal office.
145 (45) "Official ballot" means the ballots distributed by the election officer to the poll
146 workers to be given to voters to record their votes.
147 (46) "Official endorsement" means:
148 (a) the information on the ballot that identifies:
149 (i) the ballot as an official ballot;
150 (ii) the date of the election; and
151 (iii) the facsimile signature of the election officer; and
152 (b) the information on the ballot stub that identifies:
153 (i) the poll worker's initials; and
154 (ii) the ballot number.
155 (47) "Official register" means the official record furnished to election officials by the
156 election officer that contains the information required by Section 20A-5-401 .
157 (48) "Paper ballot" means a paper that contains:
158 (a) the names of offices and candidates and statements of ballot propositions to be
159 voted on; and
160 (b) spaces for the voter to record his vote for each office and for or against each ballot
161 proposition.
162 (49) "Political party" means an organization of registered voters that has qualified to
163 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
164 Formation and Procedures.
165 (50) (a) "Poll worker" means a person assigned by an election official to assist with an
166 election, voting, or counting votes.
167 (b) "Poll worker" includes election judges.
168 (c) "Poll worker" does not include a watcher.
169 (51) "Pollbook" means a record of the names of voters in the order that they appear to
170 cast votes.
171 (52) "Polling place" means the building where voting is conducted.
172 (53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
173 in which the voter marks his choice.
174 (54) "Provisional ballot" means a ballot voted provisionally by a person:
175 (a) whose name is not listed on the official register at the polling place;
176 (b) whose legal right to vote is challenged as provided in this title; or
177 (c) whose identity was not sufficiently established by a poll worker.
178 (55) "Provisional ballot envelope" means an envelope printed in the form required by
179 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
180 verify a person's legal right to vote.
181 (56) "Primary convention" means the political party conventions at which nominees for
182 the regular primary election are selected.
183 (57) "Protective counter" means a separate counter, which cannot be reset, that is built
184 into a voting machine and records the total number of movements of the operating lever.
185 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
186 duties of the position for which the person was elected.
187 (59) "Receiving judge" means the poll worker that checks the voter's name in the
188 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
189 after the voter has voted.
190 (60) "Registration form" means a book voter registration form and a by-mail voter
191 registration form.
192 (61) "Regular ballot" means a ballot that is not a provisional ballot.
193 (62) "Regular general election" means the election held throughout the state on the first
194 Tuesday after the first Monday in November of each even-numbered year for the purposes
195 established in Section 20A-1-201 .
196 (63) "Regular primary election" means the election on the fourth Tuesday of June of
197 each even-numbered year, at which candidates of political parties and nonpolitical groups are
198 voted for nomination.
199 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
200 (65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
201 and distributed as provided in Section 20A-5-405 .
202 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
203 punch the ballot for one or more candidates who are members of different political parties.
204 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
205 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
206 voter's vote.
207 (68) "Special election" means an election held as authorized by Section 20A-1-204 .
208 (69) "Spoiled ballot" means each ballot that:
209 (a) is spoiled by the voter;
210 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
211 (c) lacks the official endorsement.
212 (70) "Statewide special election" means a special election called by the governor or the
213 Legislature in which all registered voters in Utah may vote.
214 (71) "Stub" means the detachable part of each ballot.
215 (72) "Substitute ballots" means replacement ballots provided by an election officer to
216 the poll workers when the official ballots are lost or stolen.
217 (73) "Ticket" means each list of candidates for each political party or for each group of
218 petitioners.
219 (74) "Transfer case" means the sealed box used to transport voted ballots to the
220 counting center.
221 (75) "Vacancy" means the absence of a person to serve in any position created by
222 statute, whether that absence occurs because of death, disability, disqualification, resignation,
223 or other cause.
224 (76) "Valid voter identification" means:
225 (a) a form of identification that bears the name and photograph of the voter which may
226 include:
227 (i) a currently valid Utah driver license;
228 (ii) a currently valid identification card that is issued by:
229 (A) the state; or
230 (B) a branch, department, or agency of the United States;
231 (iii) a currently valid Utah permit to carry a concealed weapon;
232 (iv) a currently valid United States passport; or
233 (v) a valid tribal identification card, whether or not the card includes a photograph of
234 the voter;
235 (b) a valid Medicare card; or
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237 evidence that the voter resides in the voting precinct, which may include:
238 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
239 election;
240 (ii) a bank or other financial account statement, or a legible copy thereof;
241 (iii) a certified birth certificate;
242 (iv) a valid Social Security card;
243 (v) a check issued by the state or the federal government or a legible copy thereof;
244 (vi) a paycheck from the voter's employer, or a legible copy thereof;
245 (vii) a currently valid Utah hunting or fishing license;
246 (viii) a currently valid United States military identification card;
247 (ix) certified naturalization documentation;
248 (x) a currently valid license issued by an authorized agency of the United States;
249 (xi) a certified copy of court records showing the voter's adoption or name change;
250 (xii) a Bureau of Indian Affairs card;
251 (xiii) a tribal treaty card;
252 (xiv) a valid Medicaid card[
253 (xv) a currently valid identification card issued by:
254 (A) a local government within the state;
255 (B) an employer for an employee; or
256 (C) a college, university, technical school, or professional school located within the
257 state;
258 (xvi) a current Utah vehicle registration; or
259 (xvii) a form of identification listed in Subsection (76)(a) that does not contain a
260 photograph, but establishes the name of the voter and provides evidence that the voter resides
261 in the voting precinct, if at least one other form of identification listed in Subsection
262 (76)[
263 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
264 candidate by following the procedures and requirements of this title.
265 (78) "Voter" means a person who meets the requirements for voting in an election,
266 meets the requirements of election registration, is registered to vote, and is listed in the official
267 register book.
268 (79) "Voter registration deadline" means the registration deadline provided in Section
269 20A-2-102.5 .
270 (80) "Voting area" means the area within six feet of the voting booths, voting
271 machines, and ballot box.
272 (81) "Voting booth" means:
273 (a) the space or compartment within a polling place that is provided for the preparation
274 of ballots, including the voting machine enclosure or curtain; or
275 (b) a voting device that is free standing.
276 (82) "Voting device" means:
277 (a) an apparatus in which ballot sheets are used in connection with a punch device for
278 piercing the ballots by the voter;
279 (b) a device for marking the ballots with ink or another substance;
280 (c) an electronic voting device or other device used to make selections and cast a ballot
281 electronically, or any component thereof;
282 (d) an automated voting system under Section 20A-5-302 ; or
283 (e) any other method for recording votes on ballots so that the ballot may be tabulated
284 by means of automatic tabulating equipment.
285 (83) "Voting machine" means a machine designed for the sole purpose of recording
286 and tabulating votes cast by voters at an election.
287 (84) "Voting poll watcher" means a person appointed as provided in this title to
288 witness the distribution of ballots and the voting process.
289 (85) "Voting precinct" means the smallest voting unit established as provided by law
290 within which qualified voters vote at one polling place.
291 (86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
292 poll watcher, and a testing watcher.
293 (87) "Western States Presidential Primary" means the election established in Title 20A,
294 Chapter 9, Part 8.
295 (88) "Write-in ballot" means a ballot containing any write-in votes.
296 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
297 ballot according to the procedures established in this title.
Legislative Review Note
as of 11-17-09 4:27 PM