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First Substitute H.B. 175

Representative Rebecca D. Lockhart proposes to substitute the following bill:


             1     
VOTER IDENTIFICATION REQUIREMENTS

             2     
2001 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Rebecca D. Lockhart

             5      This act modifies the Election Code by requiring voters to show a photo identification card
             6      or their voter registration card before voting.
             7      This act affects sections of Utah Code Annotated 1953 as follows:
             8      AMENDS:
             9          20A-3-104, as enacted by Chapter 1, Laws of Utah 1993
             10          20A-3-104.5, as enacted by Chapter 328, Laws of Utah 2000
             11          20A-9-808, as enacted by Chapter 22, Laws of Utah 1999
             12      ENACTS:
             13          20A-3-102.5, Utah Code Annotated 1953
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 20A-3-102.5 is enacted to read:
             16          20A-3-102.5. Form of valid identification.
             17          (1) As used in this section, "proper identification" means:
             18          (a) a valid Utah driver's license;
             19          (b) a valid identification card issued by any Utah agency, any other state, or the United
             20      States, if the entity is authorized by law to issue personal identification;
             21          (c) a valid United States passport;
             22          (d) a valid employee identification card issued by any agency of the United States
             23      government or any Utah agency or the agency of any Utah political subdivision;
             24          (e) a valid employee identification card containing a photograph of the voter and issued
             25      by any employer of the elector in the ordinary course of business;


             26          (f) a valid student identification card containing a photograph of the voter from any public
             27      or private college, university, or postgraduate technical or professional school located in Utah;
             28          (g) a valid Utah hunting or fishing license;
             29          (h) a valid Utah permit to carry a concealed firearm;
             30          (i) a valid pilot's license issued by the Federal Aviation Administration or other authorized
             31      agency of the United States;
             32          (j) a valid United States military identification card;
             33          (k) a certified copy of the voter's birth certificate;
             34          (l) a valid social security card;
             35          (m) certified naturalization documentation; h [ or ] h
             36          (n) a certified copy of court records showing adoption, name, or sex change h ;OR
             36a           (o) PERSONAL RECOGNITION OF THE VOTER BY THE ELECTION JUDGE h .
             37          (2) Except as provided in Subsection (3), each voter shall present proper identification to
             38      the election judges when seeking to vote at any election.
             39          (3) (a) If a voter is unable to produce proper identification, and the voter signs a statement
             40      under oath in the form approved by the lieutenant governor, swearing or affirming that the voter
             41      is the person identified in the official register, the election judges shall allow the voter to vote.
             42          (b) Any person who falsely signs the sworn statement required by this Subsection (3) is
             43      guilty of a third degree felony.
             44          (4) The lieutenant governor shall:
             45          (a) prepare a written statement meeting the requirements of Subsection (3);
             46          (b) distribute it to the county and municipal clerks; and
             47          (c) ensure that the statement identifies clearly the penalty for falsely signing the sworn
             48      statement.
             49          Section 2. Section 20A-3-104 is amended to read:
             50           20A-3-104. Manner of voting.
             51          (1) (a) [Any] Each registered voter desiring to vote shall:
             52          (i) give his name, and, if requested, his residence, to one of the election judges[.]; and
             53          [(b) If an election judge does not know the person requesting a ballot and has reason to
             54      doubt that person's identity, the judge shall request identification or have the voter identified by
             55      a known registered voter of the district.]
             56          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the


             57      statement required by that section.
             58          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             59      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             60          (2) (a) When the voter is properly identified, the election judge in charge of the official
             61      register shall check the official register to determine whether or not the person is registered to vote.
             62          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             63      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             64      office to request oral verification of the voter's registration.
             65          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             66      verification on the official register, perform the other administrative steps required by Subsection
             67      (3), repeat the voter's name, hand the voter a ballot, and allow the voter to enter the voting booth.
             68          (3) If the election judge determines that the voter is registered:
             69          (a) the election judge in charge of the official register shall:
             70          (i) write the ballot number opposite the name of the voter in the official register; and
             71          (ii) direct the voter to sign his name in the election column in the official register;
             72          (b) another judge shall list the ballot number and voter's name in the pollbook;
             73          (c) the election judge having charge of the ballots shall:
             74          (i) endorse his initials on the stub;
             75          (ii) check the name of the voter on the pollbook list with the number of the stub;
             76          (iii) hand the voter a ballot; and
             77          (iv) allow the voter to enter the voting booth.
             78          (4) Whenever the election officer is required to furnish more than one kind of official
             79      ballot to the voting precinct, the election judges of that voting precinct shall give the registered
             80      voter the kind of ballot that the voter is qualified to vote.
             81          Section 3. Section 20A-3-104.5 is amended to read:
             82           20A-3-104.5. Voting -- Regular primary election.
             83          (1) (a) Any registered voter desiring to vote at the regular primary election shall:
             84          (i) give his name, the name of the registered political party whose ballot the voter wishes
             85      to vote, and, if requested, his residence, to one of the election judges[.]; and
             86          [(b) If an election judge does not know the person requesting a ballot and has reason to
             87      doubt that person's identity, the judge shall request identification or have the voter identified by


             88      a known registered voter of the district.]
             89          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the
             90      statement required by that section.
             91          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             92      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             93          (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
             94      register shall check the official register to determine:
             95          (A) whether or not the person is registered to vote; and
             96          (B) whether or not the person's party affiliation designation in the official register allows
             97      the voter to vote the ballot that the voter requested.
             98          (ii) If the official register does not affirmatively identify the voter as being affiliated with
             99      a registered political party or if the official register identifies the voter as being "unaffiliated," the
             100      voter shall be considered to be "unaffiliated."
             101          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             102      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             103      office to request oral verification of the voter's registration.
             104          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             105      verification on the official register, determine the voter's party affiliation and the ballot that the
             106      voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
             107          (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
             108      listed in the official register does not allow the voter to vote the ballot that the voter requested, the
             109      election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
             110      the voter's party affiliation does allow the voter to vote.
             111          (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
             112      does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
             113      political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
             114      voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
             115      political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
             116          (B) If the voter wishes to vote another registered political party ballot that the unaffiliated
             117      voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
             118          (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that


             119      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
             120      may not vote.
             121          (iii) For the primary election held June 24, 2002, only:
             122          (A) if the voter is listed in the official register as "unaffiliated," or if the official register
             123      does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
             124      political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
             125      political party, or remain "unaffiliated."
             126          (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
             127      requested, the election judge shall direct the voter to complete the change of party affiliation form
             128      and proceed as required by Subsection (3).
             129          (C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
             130      party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
             131      required by Subsection (3).
             132          (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
             133      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
             134      may not vote.
             135          (3) If the election judge determines that the voter is registered and eligible, under
             136      Subsection (2), to vote the ballot that the voter requested:
             137          (a) the election judge in charge of the official register shall:
             138          (i) write the ballot number and the name of the registered political party whose ballot the
             139      voter voted opposite the name of the voter in the official register; and
             140          (ii) direct the voter to sign his name in the election column in the official register;
             141          (b) another judge shall list the ballot number and voter's name in the pollbook; and
             142          (c) the election judge having charge of the ballots shall:
             143          (i) endorse his initials on the stub;
             144          (ii) check the name of the voter on the pollbook list with the number of the stub;
             145          (iii) hand the voter the ballot for the registered political party that the voter requested and
             146      for which the voter is authorized to vote; and
             147          (iv) allow the voter to enter the voting booth.
             148          (4) Whenever the election officer is required to furnish more than one kind of official
             149      ballot to the voting precinct, the election judges of that voting precinct shall give the registered


             150      voter the kind of ballot that the voter is qualified to vote.
             151          Section 4. Section 20A-9-808 is amended to read:
             152           20A-9-808. Voting.
             153          (1) (a) Any registered voter desiring to vote at the Western States Presidential Primary
             154      shall:
             155          (i) give his name, the name of the registered political party whose ballot the voter wishes
             156      to vote, and, if requested, his residence, to one of the election judges[.]; and
             157          [(b) If an election judge does not know the person requesting a ballot and has reason to
             158      doubt that person's identity, the judge shall request identification or have the voter identified by
             159      a known registered voter of the district.]
             160          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the
             161      statement required by that section.
             162          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             163      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             164          (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
             165      register shall check the official register to determine:
             166          (A) whether or not the person is registered to vote; and
             167          (B) whether or not the person's party affiliation designation in the official register allows
             168      the voter to vote the ballot that the voter requested.
             169          (ii) If the official register does not affirmatively identify the voter as being affiliated with
             170      a registered political party or if the official register identifies the voter as being "unaffiliated," the
             171      voter shall be considered to be "unaffiliated."
             172          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             173      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             174      office to request oral verification of the voter's registration.
             175          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             176      verification on the official register, determine the voter's party affiliation and the ballot that the
             177      voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
             178          (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
             179      listed in the official register does not allow the voter to vote the ballot that the voter requested, the
             180      election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that


             181      the voter's party affiliation does allow the voter to vote.
             182          (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
             183      does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
             184      political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
             185      voter requests, the election judge shall ask the voter if the voter wishes to affiliate with the
             186      registered political party whose ballot the voter requested, vote another registered political party
             187      ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
             188          (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
             189      requested, the election judge shall enter in the official register the voter's new party affiliation and
             190      proceed as required by Subsection (3).
             191          (C) If the voter wishes to vote another registered political party ballot that the unaffiliated
             192      voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
             193          (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
             194      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
             195      may not vote.
             196          (3) If the election judge determines that the voter is registered and eligible, under
             197      Subsection (2), to vote the ballot that the voter requested:
             198          (a) the election judge in charge of the official register shall:
             199          (i) write the ballot number and the name of the registered political party whose ballot the
             200      voter voted opposite the name of the voter in the official register; and
             201          (ii) direct the voter to sign his name in the election column in the official register;
             202          (b) another judge shall list the ballot number and voter's name in the pollbook; and
             203          (c) the election judge having charge of the ballots shall:
             204          (i) endorse his initials on the stub;
             205          (ii) check the name of the voter on the pollbook list with the number of the stub;
             206          (iii) hand the voter the ballot for the registered political party that the voter requested and
             207      for which the voter is authorized to vote; and
             208          (iv) allow the voter to enter the voting booth.
             209          (4) Whenever the election officer is required to furnish more than one kind of official
             210      ballot to the voting precinct, the election judges of that voting precinct shall give the registered
             211      voter the kind of ballot that the voter is qualified to vote.


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