H.B. 14

This document includes House Floor Amendments incorporated into the bill on Tue, Jan 16, 2007 at 11:46 AM by jeyring. --> 1

ELECTION LAW REVISIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas C. Aagard
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 . modifies definitions related to poll workers and election judges;
13 . clarifies that criminal penalties in the Election Code apply to all poll workers rather
14 than only to poll workers appointed as election judges;
15 . removes the requirement for voters to provide their voting precinct number on the
16 voter registration form;
17 . requires the voter registration form to list the name of all registered political parties;
18 . adjusts the date to challenge names listed on the official register to accommodate
19 early voting;
20 . provides quorum requirements for local and state boards of canvassers;
21 . modifies a date for the provision of ballots to be consistent with similar date
22 requirements;
23 . modifies language relating to municipal ballot formatting to be more consistent with
24 electronic ballot requirements;
25 . requires the lieutenant governor to maintain a current list of registered political
26 parties; and
27 . makes technical changes.

28 Monies Appropriated in this Bill:
29 None
30 Other Special Clauses:
31 None
32 Utah Code Sections Affected:
33 AMENDS:
34 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
35 20A-1-602, as enacted by Chapter 1, Laws of Utah 1993
36 20A-2-104, as last amended by Chapter 264, Laws of Utah 2006
37 20A-2-107.5, as enacted by Chapter 159, Laws of Utah 2003
38 20A-2-306, as last amended by Chapter 264, Laws of Utah 2006
39 20A-3-105, as last amended by Chapter 326, Laws of Utah 2006
40 20A-3-105.5, as last amended by Chapters 15 and 264, Laws of Utah 2006
41 20A-3-107, as enacted by Chapter 1, Laws of Utah 1993
42 20A-3-108, as enacted by Chapter 1, Laws of Utah 1993
43 20A-3-109, as enacted by Chapter 1, Laws of Utah 1993
44 20A-3-202, as last amended by Chapters 15 and 326, Laws of Utah 2006
45 20A-3-308, as last amended by Chapter 264, Laws of Utah 2006
46 20A-3-501, as last amended by Chapter 127, Laws of Utah 2003
47 20A-4-101, as last amended by Chapter 177, Laws of Utah 2002
48 20A-4-107, as last amended by Chapter 264, Laws of Utah 2006
49 20A-4-202, as last amended by Chapter 105, Laws of Utah 2005
50 20A-4-301, as last amended by Chapter 355, Laws of Utah 2006
51 20A-4-306, as last amended by Chapter 355, Laws of Utah 2006
52 20A-4-505, as enacted by Chapter 1, Laws of Utah 1993
53 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
54 20A-5-405, as last amended by Chapter 326, Laws of Utah 2006
55 20A-5-601, as last amended by Chapter 1, Laws of Utah 2003, Second Special Session
56 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
57 20A-5-603, as last amended by Chapter 21, Laws of Utah 1994
58 20A-5-604, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session

59 20A-5-605, as last amended by Chapters 264 and 326, Laws of Utah 2006
60 20A-5-701, as last amended by Chapter 12, Laws of Utah 1994
61 20A-5-703, as last amended by Chapter 21, Laws of Utah 1994
62 20A-6-402, as last amended by Chapter 326, Laws of Utah 2006
63 67-1a-2, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
64
65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 20A-1-102 is amended to read:
67 20A-1-102. Definitions.
68 As used in this title:
69 (1) "Active voter" means a registered voter who has not been classified as an inactive
70 voter by the county clerk.
71 (2) "Automatic tabulating equipment" means apparatus that automatically examines
72 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
73 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
74 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
75 secrecy envelopes.
76 (4) "Ballot sheet":
77 (a) means a ballot that:
78 (i) consists of paper or a card where the voter's votes are marked or recorded; and
79 (ii) can be counted using automatic tabulating equipment; and
80 (b) includes punch card ballots, and other ballots that are machine-countable.
81 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
82 contain the names of offices and candidates and statements of ballot propositions to be voted
83 on and which are used in conjunction with ballot sheets that do not display that information.
84 (6) "Ballot proposition" means opinion questions specifically authorized by the
85 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
86 that are submitted to the voters for their approval or rejection.
87 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
88 20A-4-306 to canvass election returns.
89 (8) "Bond election" means an election held for the purpose of approving or rejecting

90 the proposed issuance of bonds by a government entity.
91 (9) "Book voter registration form" means voter registration forms contained in a bound
92 book that are used by election officers and registration agents to register persons to vote.
93 (10) "By-mail voter registration form" means a voter registration form designed to be
94 completed by the voter and mailed to the election officer.
95 (11) "Canvass" means the review of election returns and the official declaration of
96 election results by the board of canvassers.
97 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
98 the canvass.
99 (13) "Convention" means the political party convention at which party officers and
100 delegates are selected.
101 (14) "Counting center" means one or more locations selected by the election officer in
102 charge of the election for the automatic counting of ballots.
103 (15) "Counting judge" means a poll worker designated to count the ballots during
104 election day.
105 (16) "Counting poll watcher" means a person selected as provided in Section
106 20A-3-201 to witness the counting of ballots.
107 (17) "Counting room" means a suitable and convenient private place or room,
108 immediately adjoining the place where the election is being held, for use by the poll workers
109 and counting judges to count ballots during election day.
110 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
111 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
112 (20) "County officers" means those county officers that are required by law to be
113 elected.
114 (21) "Election" means a regular general election, a municipal general election, a
115 statewide special election, a local special election, a regular primary election, a municipal
116 primary election, and a special district election.
117 (22) "Election Assistance Commission" means the commission established by Public
118 Law 107-252, the Help America Vote Act of 2002.
119 (23) "Election cycle" means the period beginning on the first day persons are eligible to
120 file declarations of candidacy and ending when the canvass is completed.

121 (24) "Election judge" means [each] a poll worker that is assigned to:
122 (a) preside over other poll workers at a polling place;
123 (b) act as the presiding election judge; or
124 (c) serve as a canvassing judge, counting judge, [and] or receiving judge.
125 (25) "Election officer" means:
126 (a) the lieutenant governor, for all statewide ballots;
127 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
128 as provided in Section 20A-5-400.5 ;
129 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
130 provided in Section 20A-5-400.5 ;
131 (d) the special district clerk or chief executive officer for certain ballots and elections
132 as provided in Section 20A-5-400.5 ; and
133 (e) the business administrator or superintendent of a school district for certain ballots
134 or elections as provided in Section 20A-5-400.5 .
135 (26) "Election official" means any election officer, election judge, poll worker, or
136 satellite registrar.
137 (27) "Election results" means, for bond elections, the count of those votes cast for and
138 against the bond proposition plus any or all of the election returns that the board of canvassers
139 may request.
140 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
141 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
142 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
143 spoiled ballots, the ballot disposition form, and the total votes cast form.
144 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
145 device or other voting device that records and stores ballot information by electronic means.
146 (30) "Electronic voting system" means a system in which a voting device is used in
147 conjunction with ballots so that votes recorded by the voter are counted and tabulated by
148 automatic tabulating equipment.
149 (31) "Inactive voter" means a registered voter who has been sent the notice required by
150 Section 20A-2-306 and who has failed to respond to that notice.
151 (32) "Inspecting poll watcher" means a person selected as provided in this title to

152 witness the receipt and safe deposit of voted and counted ballots.
153 (33) "Judicial office" means the office filled by any judicial officer.
154 (34) "Judicial officer" means any justice or judge of a court of record or any county
155 court judge.
156 (35) "Local election" means a regular municipal election, a local special election, a
157 special district election, and a bond election.
158 (36) "Local political subdivision" means a county, a municipality, a special district, or
159 a local school district.
160 (37) "Local special election" means a special election called by the governing body of a
161 local political subdivision in which all registered voters of the local political subdivision may
162 vote.
163 (38) "Municipal executive" means:
164 (a) the city council or town council in the traditional management arrangement
165 established by Title 10, Chapter 3, Part 1, Governing Body;
166 (b) the mayor in the council-mayor optional form of government defined in Section
167 10-3-101 ; and
168 (c) the manager in the council-manager optional form of government defined in
169 Section 10-3-101 .
170 (39) "Municipal general election" means the election held in municipalities and special
171 districts on the first Tuesday after the first Monday in November of each odd-numbered year
172 for the purposes established in Section 20A-1-202 .
173 (40) "Municipal legislative body" means:
174 (a) the city council or town council in the traditional management arrangement
175 established by Title 10, Chapter 3, Part 1, Governing Body;
176 (b) the municipal council in the council-mayor optional form of government defined in
177 Section 10-3-101 ; and
178 (c) the municipal council in the council-manager optional form of government defined
179 in Section 10-3-101 .
180 (41) "Municipal officers" means those municipal officers that are required by law to be
181 elected.
182 (42) "Municipal primary election" means an election held to nominate candidates for

183 municipal office.
184 (43) "Official ballot" means the ballots distributed by the election officer to the poll
185 workers to be given to voters to record their votes.
186 (44) "Official endorsement" means:
187 (a) the information on the ballot that identifies:
188 (i) the ballot as an official ballot;
189 (ii) the date of the election; and
190 (iii) the facsimile signature of the election officer; and
191 (b) the information on the ballot stub that identifies:
192 (i) the poll worker's initials; and
193 (ii) the ballot number.
194 (45) "Official register" means the official record furnished to election officials by the
195 election officer that contains the information required by Section 20A-5-401 .
196 (46) "Paper ballot" means a paper that contains:
197 (a) the names of offices and candidates and statements of ballot propositions to be
198 voted on; and
199 (b) spaces for the voter to record his vote for each office and for or against each ballot
200 proposition.
201 (47) "Political party" means an organization of registered voters that has qualified to
202 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
203 Formation and Procedures.
204 (48) (a) "Poll worker" means a person assigned by an election official to assist with an
205 election, voting, or counting votes.
206 (b) "Poll worker" includes election judges.
207 (c) "Poll worker" does not include a watcher.
208 (49) "Pollbook" means a record of the names of voters in the order that they appear to
209 cast votes.
210 (50) "Polling place" means the building where voting is conducted.
211 (51) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
212 in which the voter marks his choice.
213 (52) "Provisional ballot" means a ballot voted provisionally by a person:

214 (a) whose name is not listed on the official register at the polling place;
215 (b) whose legal right to vote is challenged as provided in this title; or
216 (c) whose identity was not sufficiently established by [an election judge] a poll worker.
217 (53) "Provisional ballot envelope" means an envelope printed in the form required by
218 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
219 verify a person's legal right to vote.
220 (54) "Primary convention" means the political party conventions at which nominees for
221 the regular primary election are selected.
222 (55) "Protective counter" means a separate counter, which cannot be reset, that is built
223 into a voting machine and records the total number of movements of the operating lever.
224 (56) "Qualify" or "qualified" means to take the oath of office and begin performing the
225 duties of the position for which the person was elected.
226 (57) "Receiving judge" means the poll worker that checks the voter's name in the
227 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
228 after the voter has voted.
229 (58) "Registration days" means the days designated in Section 20A-2-203 when a voter
230 may register to vote with a satellite registrar.
231 (59) "Registration form" means a book voter registration form and a by-mail voter
232 registration form.
233 (60) "Regular ballot" means a ballot that is not a provisional ballot.
234 (61) "Regular general election" means the election held throughout the state on the first
235 Tuesday after the first Monday in November of each even-numbered year for the purposes
236 established in Section 20A-1-201 .
237 (62) "Regular primary election" means the election on the fourth Tuesday of June of
238 each even-numbered year, at which candidates of political parties and nonpolitical groups are
239 voted for nomination.
240 (63) "Resident" means a person who resides within a specific voting precinct in Utah.
241 (64) "Sample ballot" means a mock ballot similar in form to the official ballot printed
242 and distributed as provided in Section 20A-5-405 .
243 (65) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
244 voters and perform other duties.

245 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
246 punch the ballot for one or more candidates who are members of different political parties.
247 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
248 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
249 voter's vote.
250 (68) "Special district" means those local government entities created under the
251 authority of Title 17A, Special Districts.
252 (69) "Special district officers" means those special district officers that are required by
253 law to be elected.
254 (70) "Special election" means an election held as authorized by Section 20A-1-204 .
255 (71) "Spoiled ballot" means each ballot that:
256 (a) is spoiled by the voter;
257 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
258 (c) lacks the official endorsement.
259 (72) "Statewide special election" means a special election called by the governor or the
260 Legislature in which all registered voters in Utah may vote.
261 (73) "Stub" means the detachable part of each ballot.
262 (74) "Substitute ballots" means replacement ballots provided by an election officer to
263 the poll workers when the official ballots are lost or stolen.
264 (75) "Ticket" means each list of candidates for each political party or for each group of
265 petitioners.
266 (76) "Transfer case" means the sealed box used to transport voted ballots to the
267 counting center.
268 (77) "Vacancy" means the absence of a person to serve in any position created by
269 statute, whether that absence occurs because of death, disability, disqualification, resignation,
270 or other cause.
271 (78) "Valid voter identification" means:
272 (a) a form of identification that bears the name and photograph of the voter which may
273 include:
274 (i) a currently valid Utah driver license;
275 (ii) a currently valid identification card that is issued by:

276 (A) the state;
277 (B) a local government within the state; or
278 (C) a branch, department, or agency of the United States;
279 (iii) an identification card that is issued by an employer for an employee;
280 (iv) a currently valid identification card that is issued by a college, university, technical
281 school, or professional school that is located within the state;
282 (v) a currently valid Utah permit to carry a concealed weapon;
283 (vi) a currently valid United States passport; or
284 (vii) a valid tribal identification card; or
285 (b) two forms of identification that bear the name of the voter and provide evidence
286 that the voter resides in the voting precinct, which may include:
287 (i) a voter identification card;
288 (ii) a current utility bill or a legible copy thereof;
289 (iii) a bank or other financial account statement, or a legible copy thereof;
290 (iv) a certified birth certificate;
291 (v) a valid Social Security card;
292 (vi) a check issued by the state or the federal government or a legible copy thereof;
293 (vii) a paycheck from the voter's employer, or a legible copy thereof;
294 (viii) a currently valid Utah hunting or fishing license;
295 (ix) a currently valid United States military identification card;
296 (x) certified naturalization documentation;
297 (xi) a currently valid license issued by an authorized agency of the United States;
298 (xii) a certified copy of court records showing the voter's adoption or name change;
299 (xiii) a Bureau of Indian Affairs card;
300 (xiv) a tribal treaty card;
301 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
302 (xvi) a form of identification listed in Subsection [(76)] (78)(a) that does not contain a
303 photograph, but establishes the name of the voter and provides evidence that the voter resides
304 in the voting precinct.
305 (79) "Valid write-in candidate" means a candidate who has qualified as a write-in
306 candidate by following the procedures and requirements of this title.

307 (80) "Voter" means a person who meets the requirements for voting in an election,
308 meets the requirements of election registration, is registered to vote, and is listed in the official
309 register book.
310 (81) "Voter registration deadline" means the registration deadline provided in Section
311 20A-2-102.5 .
312 (82) "Voting area" means the area within six feet of the voting booths, voting
313 machines, and ballot box.
314 (83) "Voting booth" means:
315 (a) the space or compartment within a polling place that is provided for the preparation
316 of ballots, including the voting machine enclosure or curtain; or
317 (b) a voting device that is free standing.
318 (84) "Voting device" means:
319 (a) an apparatus in which ballot sheets are used in connection with a punch device for
320 piercing the ballots by the voter;
321 (b) a device for marking the ballots with ink or another substance;
322 (c) a device used to make selections and cast a ballot electronically, or any component
323 thereof;
324 (d) an automated voting system under Section 20A-5-302 ; or
325 (e) any other method for recording votes on ballots so that the ballot may be tabulated
326 by means of automatic tabulating equipment.
327 (85) "Voting machine" means a machine designed for the sole purpose of recording
328 and tabulating votes cast by voters at an election.
329 (86) "Voting poll watcher" means a person appointed as provided in this title to
330 witness the distribution of ballots and the voting process.
331 (87) "Voting precinct" means the smallest voting unit established as provided by law
332 within which qualified voters vote at one polling place.
333 (88) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
334 poll watcher, and a testing watcher.
335 (89) "Western States Presidential Primary" means the election established in Title 20A,
336 Chapter 9, Part 8.
337 (90) "Write-in ballot" means a ballot containing any write-in votes.

338 (91) "Write-in vote" means a vote cast for a person whose name is not printed on the
339 ballot according to the procedures established in this title.
340 Section 2. Section 20A-1-602 is amended to read:
341 20A-1-602. Receiving bribe.
342 (1) It is unlawful for any person, for himself or for any other person, directly or
343 indirectly, by himself or through any person, before, during or after any election to:
344 (a) receive, agree to receive, or contract for any money, gift, loan, or other valuable
345 consideration, office, place, or employment for:
346 (i) voting or agreeing to vote[, or for];
347 (ii) going or agreeing to go to the polls[, or for];
348 (iii) remaining or agreeing to remain away from the polls[, or for]; or
349 (iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or
350 refraining or agreeing to refrain from voting, for any particular person or measure at any
351 election provided by law; or
352 (b) receive any money or other valuable thing because the person induced any other
353 person to:
354 (i) vote or refrain from voting; or [to]
355 (ii) vote or refrain from voting for any particular person or measure at [an] any election
356 provided by law.
357 (2) In addition to the penalties established in Section 20A-1-609 , any person convicted
358 of any of the offenses established by this section shall be punished by:
359 (a) a fine of not more than $1,000[, or by];
360 (b) imprisonment in the state prison for not more than five years[, or by]; or
361 (c) both a fine and imprisonment as provided by this section.
362 Section 3. Section 20A-2-104 is amended to read:
363 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
364 (1) Every person applying to be registered shall complete a registration form printed in
365 substantially the following form:
366 ------------------------------------------------------------------------------------------------------------ -----
367 UTAH ELECTION REGISTRATION FORM
368 Are you a citizen of the United States of America? Yes No

369 Will you be 18 years old on or before election day? Yes No
370 If you checked "no" to either of the above two questions, do not complete this form.
371 Name of Voter
372 _________________________________________________________________
373 First Middle Last
374 Driver License or Identification Card Number____________________________
375 State of issuance of Driver License or Identification Card
376 Date of Birth ______________________________________________________
377 Street Address of Principal Place of Residence
378 ____________________________________________________________________________
379 City County State Zip Code
380 Telephone Number (optional) _________________________
381 Last four digits of Social Security Number ______________________
382 Last former address at which I was registered to vote (if