S.B. 211 Enrolled

1

ELECTION LAW CHANGES
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Howard A. Stephenson
5 House Sponsor: Mark W. Walker
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code to extend provisional ballot eligibility
10 to persons registered anywhere within the state instead of within the county and to
11 replace satellite registration with an extended registration period.
12 Highlighted Provisions:
13 This bill:
14 . removes unused definitions;
15 . eliminates satellite registration;
16 . requires all counties to use the statewide voter database;
17 . provides that voters who register in person at the office of the county clerk after the
18 voter registration deadline but at least 15 days before the date of the election may
19 vote on the day of the election, but not during early voting;
20 . permits a provisional ballot to be counted if the person voting was registered to vote
21 anywhere in the state instead of just in the county where the provisional ballot was
22 cast, provided that other, existing voting requirements are met;
23 . modifies provisional ballot envelope language; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:
28 None
29 Utah Code Sections Affected:

30 AMENDS:
31 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
32 20A-2-102.5, as enacted by Chapter 264, Laws of Utah 2006
33 20A-2-105, as last amended by Chapter 64, Laws of Utah 2002
34 20A-2-109, as last amended by Chapter 266, Laws of Utah 1998
35 20A-2-201, as last amended by Chapter 264, Laws of Utah 2006
36 20A-4-107, as last amended by Chapter 264, Laws of Utah 2006
37 20A-6-105, as last amended by Chapter 15, Laws of Utah 2006
38 20A-9-804, as last amended by Chapter 355, Laws of Utah 2006
39 REPEALS:
40 20A-2-203, as last amended by Chapter 264, Laws of Utah 2006
41 20A-2-303, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
42 20A-5-201, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
43 20A-5-202, as last amended by Chapter 326, Laws of Utah 2006
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 20A-1-102 is amended to read:
47 20A-1-102. Definitions.
48 As used in this title:
49 (1) "Active voter" means a registered voter who has not been classified as an inactive
50 voter by the county clerk.
51 (2) "Automatic tabulating equipment" means apparatus that automatically examines
52 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
53 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
54 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
55 secrecy envelopes.
56 (4) "Ballot sheet":
57 (a) means a ballot that:

58 (i) consists of paper or a card where the voter's votes are marked or recorded; and
59 (ii) can be counted using automatic tabulating equipment; and
60 (b) includes punch card ballots, and other ballots that are machine-countable.
61 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
62 contain the names of offices and candidates and statements of ballot propositions to be voted
63 on and which are used in conjunction with ballot sheets that do not display that information.
64 (6) "Ballot proposition" means opinion questions specifically authorized by the
65 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
66 that are submitted to the voters for their approval or rejection.
67 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
68 20A-4-306 to canvass election returns.
69 (8) "Bond election" means an election held for the purpose of approving or rejecting
70 the proposed issuance of bonds by a government entity.
71 (9) "Book voter registration form" means voter registration forms contained in a bound
72 book that are used by election officers and registration agents to register persons to vote.
73 (10) "By-mail voter registration form" means a voter registration form designed to be
74 completed by the voter and mailed to the election officer.
75 (11) "Canvass" means the review of election returns and the official declaration of
76 election results by the board of canvassers.
77 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
78 the canvass.
79 (13) "Convention" means the political party convention at which party officers and
80 delegates are selected.
81 (14) "Counting center" means one or more locations selected by the election officer in
82 charge of the election for the automatic counting of ballots.
83 (15) "Counting judge" means a poll worker designated to count the ballots during
84 election day.
85 (16) "Counting poll watcher" means a person selected as provided in Section

86 20A-3-201 to witness the counting of ballots.
87 (17) "Counting room" means a suitable and convenient private place or room,
88 immediately adjoining the place where the election is being held, for use by the counting
89 judges to count ballots during election day.
90 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
91 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
92 (20) "County officers" means those county officers that are required by law to be
93 elected.
94 (21) "Election" means a regular general election, a municipal general election, a
95 statewide special election, a local special election, a regular primary election, a municipal
96 primary election, and a special district election.
97 (22) "Election Assistance Commission" means the commission established by Public
98 Law 107-252, the Help America Vote Act of 2002.
99 (23) "Election cycle" means the period beginning on the first day persons are eligible to
100 file declarations of candidacy and ending when the canvass is completed.
101 (24) "Election judge" means each canvassing judge, counting judge, and receiving
102 judge.
103 (25) "Election officer" means:
104 (a) the lieutenant governor, for all statewide ballots;
105 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
106 as provided in Section 20A-5-400.5 ;
107 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
108 provided in Section 20A-5-400.5 ;
109 (d) the special district clerk or chief executive officer for certain ballots and elections
110 as provided in Section 20A-5-400.5 ; and
111 (e) the business administrator or superintendent of a school district for certain ballots
112 or elections as provided in Section 20A-5-400.5 .
113 (26) "Election official" means any election officer, election judge, or poll worker[, or

114 satellite registrar].
115 (27) "Election results" means, for bond elections, the count of those votes cast for and
116 against the bond proposition plus any or all of the election returns that the board of canvassers
117 may request.
118 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
119 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
120 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
121 spoiled ballots, the ballot disposition form, and the total votes cast form.
122 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
123 device or other voting device that records and stores ballot information by electronic means.
124 (30) "Electronic voting system" means a system in which a voting device is used in
125 conjunction with ballots so that votes recorded by the voter are counted and tabulated by
126 automatic tabulating equipment.
127 (31) "Inactive voter" means a registered voter who has been sent the notice required by
128 Section 20A-2-306 and who has failed to respond to that notice.
129 (32) "Inspecting poll watcher" means a person selected as provided in this title to
130 witness the receipt and safe deposit of voted and counted ballots.
131 (33) "Judicial office" means the office filled by any judicial officer.
132 (34) "Judicial officer" means any justice or judge of a court of record or any county
133 court judge.
134 (35) "Local election" means a regular municipal election, a local special election, a
135 special district election, and a bond election.
136 (36) "Local political subdivision" means a county, a municipality, a special district, or
137 a local school district.
138 (37) "Local special election" means a special election called by the governing body of a
139 local political subdivision in which all registered voters of the local political subdivision may
140 vote.
141 (38) "Municipal executive" means:

142 (a) the city council or town council in the traditional management arrangement
143 established by Title 10, Chapter 3, Part 1, Governing Body;
144 (b) the mayor in the council-mayor optional form of government defined in Section
145 10-3-101 ; and
146 (c) the manager in the council-manager optional form of government defined in
147 Section 10-3-101 .
148 (39) "Municipal general election" means the election held in municipalities and special
149 districts on the first Tuesday after the first Monday in November of each odd-numbered year
150 for the purposes established in Section 20A-1-202 .
151 (40) "Municipal legislative body" means:
152 (a) the city council or town council in the traditional management arrangement
153 established by Title 10, Chapter 3, Part 1, Governing Body;
154 (b) the municipal council in the council-mayor optional form of government defined in
155 Section 10-3-101 ; and
156 (c) the municipal council in the council-manager optional form of government defined
157 in Section 10-3-101 .
158 (41) "Municipal officers" means those municipal officers that are required by law to be
159 elected.
160 (42) "Municipal primary election" means an election held to nominate candidates for
161 municipal office.
162 (43) "Official ballot" means the ballots distributed by the election officer to the poll
163 workers to be given to voters to record their votes.
164 (44) "Official endorsement" means:
165 (a) the information on the ballot that identifies:
166 (i) the ballot as an official ballot;
167 (ii) the date of the election; and
168 (iii) the facsimile signature of the election officer; and
169 (b) the information on the ballot stub that identifies:

170 (i) the poll worker's initials; and
171 (ii) the ballot number.
172 (45) "Official register" means the official record furnished to election officials by the
173 election officer that contains the information required by Section 20A-5-401 .
174 (46) "Paper ballot" means a paper that contains:
175 (a) the names of offices and candidates and statements of ballot propositions to be
176 voted on; and
177 (b) spaces for the voter to record his vote for each office and for or against each ballot
178 proposition.
179 (47) "Political party" means an organization of registered voters that has qualified to
180 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
181 Formation and Procedures.
182 (48) (a) "Poll worker" means a person assigned by an election official to assist with an
183 election, voting, or counting votes.
184 (b) "Poll worker" includes election judges.
185 (c) "Poll worker" does not include a watcher.
186 (49) "Pollbook" means a record of the names of voters in the order that they appear to
187 cast votes.
188 (50) "Polling place" means the building where voting is conducted.
189 (51) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
190 in which the voter marks his choice.
191 (52) "Provisional ballot" means a ballot voted provisionally by a person:
192 (a) whose name is not listed on the official register at the polling place;
193 (b) whose legal right to vote is challenged as provided in this title; or
194 (c) whose identity was not sufficiently established by an election judge.
195 (53) "Provisional ballot envelope" means an envelope printed in the form required by
196 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
197 verify a person's legal right to vote.

198 (54) "Primary convention" means the political party conventions at which nominees for
199 the regular primary election are selected.
200 (55) "Protective counter" means a separate counter, which cannot be reset, that is built
201 into a voting machine and records the total number of movements of the operating lever.
202 (56) "Qualify" or "qualified" means to take the oath of office and begin performing the
203 duties of the position for which the person was elected.
204 (57) "Receiving judge" means the poll worker that checks the voter's name in the
205 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
206 after the voter has voted.
207 [(58) "Registration days" means the days designated in Section 20A-2-203 when a
208 voter may register to vote with a satellite registrar.]
209 [(59)] (58) "Registration form" means a book voter registration form and a by-mail
210 voter registration form.
211 [(60)] (59) "Regular ballot" means a ballot that is not a provisional ballot.
212 [(61)] (60) "Regular general election" means the election held throughout the state on
213 the first Tuesday after the first Monday in November of each even-numbered year for the
214 purposes established in Section 20A-1-201 .
215 [(62)] (61) "Regular primary election" means the election on the fourth Tuesday of
216 June of each even-numbered year, at which candidates of political parties and nonpolitical
217 groups are voted for nomination.
218 [(63)] (62) "Resident" means a person who resides within a specific voting precinct in
219 Utah.
220 [(64)] (63) "Sample ballot" means a mock ballot similar in form to the official ballot
221 printed and distributed as provided in Section 20A-5-405 .
222 [(65) "Satellite registrar" means a person appointed under Section 20A-5-201 to
223 register voters and perform other duties.]
224 [(66)] (64) "Scratch vote" means to mark or punch the straight party ticket and then
225 mark or punch the ballot for one or more candidates who are members of different political

226 parties.
227 [(67)] (65) "Secrecy envelope" means the envelope given to a voter along with the
228 ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy
229 of the voter's vote.
230 [(68)] (66) "Special district" means those local government entities created under the
231 authority of Title 17A.
232 [(69)] (67) "Special district officers" means those special district officers that are
233 required by law to be elected.
234 [(70)] (68) "Special election" means an election held as authorized by Section
235 20A-1-204 .
236 [(71)] (69) "Spoiled ballot" means each ballot that:
237 (a) is spoiled by the voter;
238 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
239 (c) lacks the official endorsement.
240 [(72)] (70) "Statewide special election" means a special election called by the governor
241 or the Legislature in which all registered voters in Utah may vote.
242 [(73)] (71) "Stub" means the detachable part of each ballot.
243 [(74)] (72) "Substitute ballots" means replacement ballots provided by an election
244 officer to the poll workers when the official ballots are lost or stolen.
245 [(75)] (73) "Ticket" means each list of candidates for each political party or for each
246 group of petitioners.
247 [(76)] (74) "Transfer case" means the sealed box used to transport voted ballots to the
248 counting center.
249 [(77)] (75) "Vacancy" means the absence of a person to serve in any position created
250 by statute, whether that absence occurs because of death, disability, disqualification,
251 resignation, or other cause.
252 [(78)] (76) "Valid voter identification" means:
253 (a) a form of identification that bears the name and photograph of the voter which may

254 include:
255 (i) a currently valid Utah driver license;
256 (ii) a currently valid identification card that is issued by:
257 (A) the state;
258 (B) a local government within the state; or
259 (C) a branch, department, or agency of the United States;
260 (iii) an identification card that is issued by an employer for an employee;
261 (iv) a currently valid identification card that is issued by a college, university, technical
262 school, or professional school that is located within the state;
263 (v) a currently valid Utah permit to carry a concealed weapon;
264 (vi) a currently valid United States passport; or
265 (vii) a valid tribal identification card; or
266 (b) two forms of identification that bear the name of the voter and provide evidence
267 that the voter resides in the voting precinct, which may include:
268 (i) a voter identification card;
269 (ii) a current utility bill or a legible copy thereof;
270 (iii) a bank or other financial account statement, or a legible copy thereof;
271 (iv) a certified birth certificate;
272 (v) a valid Social Security card;
273 (vi) a check issued by the state or the federal government or a legible copy thereof;
274 (vii) a paycheck from the voter's employer, or a legible copy thereof;
275 (viii) a currently valid Utah hunting or fishing license;
276 (ix) a currently valid United States military identification card;
277 (x) certified naturalization documentation;
278 (xi) a currently valid license issued by an authorized agency of the United States;
279 (xii) a certified copy of court records showing the voter's adoption or name change;
280 (xiii) a Bureau of Indian Affairs card;
281 (xiv) a tribal treaty card;

282 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
283 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
284 photograph, but establishes the name of the voter and provides evidence that the voter resides
285 in the voting precinct.
286 [(79)] (77) "Valid write-in candidate" means a candidate who has qualified as a
287 write-in candidate by following the procedures and requirements of this title.
288 [(80)] (78) "Voter" means a person who meets the requirements for voting in an
289 election, meets the requirements of election registration, is registered to vote, and is listed in
290 the official register book.
291 [(81)] (79) "Voter registration deadline" means the registration deadline provided in
292 Section 20A-2-102.5 .
293 [(82)] (80) "Voting area" means the area within six feet of the voting booths, voting
294 machines, and ballot box.
295 [(83)] (81) "Voting booth" means:
296 (a) the space or compartment within a polling place that is provided for the preparation
297 of ballots, including the voting machine enclosure or curtain; or
298 (b) a voting device that is free standing.
299 [(84)] (82) "Voting device" means:
300 (a) an apparatus in which ballot sheets are used in connection with a punch device for
301 piercing the ballots by the voter;
302 (b) a device for marking the ballots with ink or another substance;
303 (c) a device used to make selections and cast a ballot electronically, or any component
304 thereof;
305 (d) an automated voting system under Section 20A-5-302 ; or
306 (e) any other method for recording votes on ballots so that the ballot may be tabulated
307 by means of automatic tabulating equipment.
308 [(85)] (83) "Voting machine" means a machine designed for the sole purpose of
309 recording and tabulating votes cast by voters at an election.

310 [(86)] (84) "Voting poll watcher" means a person appointed as provided in this title to
311 witness the distribution of ballots and the voting process.
312 [(87)] (85) "Voting precinct" means the smallest voting unit established as provided by
313 law within which qualified voters vote at one polling place.
314 [(88)] (86) "Watcher" means a voting poll watcher, a counting poll watcher, an
315 inspecting poll watcher, and a testing watcher.
316 [(89)] (87) "Western States Presidential Primary" means the election established in
317 Title 20A, Chapter 9, Part 8.
318 [(90)] (88) "Write-in ballot" means a ballot containing any write-in votes.
319 [(91)] (89) "Write-in vote" means a vote cast for a person whose name is not printed on
320 the ballot according to the procedures established in this title.
321 Section 2. Section 20A-2-102.5 is amended to read:
322 20A-2-102.5. Voter registration deadline.
323 (1) Except as provided in [Sections] Section 20A-2-201 [and 20A-2-203 ] and in Title
324 20A, Chapter 3, Part 4, Voting by Members of the Military and by Other Persons Living or
325 Serving Abroad, a person who fails to submit a correctly completed voter registration form on
326 or before the voter registration deadline shall not be permitted to vote in the election.
327 (2) The voter registration deadline shall be the date that is 30 calendar days before the
328 date of the election.
329 (3) If the voter registration deadline established in Subsection (2) falls on a weekend or
330 holiday, it shall be extended to the next regular business day.
331 Section 3. Section 20A-2-105 is amended to read:
332 20A-2-105. Determining residency.
333 (1) Except as provided in Subsection (4), election officials and judges shall apply the
334 standards and requirements of this section when determining whether or not a person is a
335 resident for purposes of interpreting this title or the Utah constitution.
336 (2) A "resident" is a person who resides within a specific voting precinct in Utah.
337 (3) (a) A person resides in Utah if the person:

338 (i) has his principal place of residence within Utah; and
339 (ii) has a present intention to continue residency within Utah permanently or
340 indefinitely.
341 (b) A person resides within a particular voting precinct if the person has, or will have
342 as of the date of the election, his principal place of residence in the voting precinct.
343 (4) (a) The principal place of residence of any person shall be determined by applying
344 the rules contained in this Subsection (4).
345 (b) A person's "principal place of residence" is that place in which the person's
346 habitation is fixed and to which, whenever he is absent, he has the intention of returning.
347 (c) A person has not gained or lost a residence solely because he is present in Utah or
348 in a voting precinct or absent from Utah or his voting precinct because he is:
349 (i) employed in the service of the United States or of Utah;
350 (ii) a student at any institution of learning;
351 (iii) incarcerated in prison or jail; or
352 (iv) residing upon any Indian or military reservation.
353 (d) (i) A member of the armed forces of the United States is not a resident of Utah
354 merely because that member is stationed at any military facility within Utah.
355 (ii) In order to be a resident of Utah, that member must meet the other requirements of
356 this section.
357 (e) (i) Except as provided in Subsection (4)(e)(ii), a person has not lost his residence if
358 that person leaves his home to go into a foreign country or into another state or into another
359 voting precinct within Utah for temporary purposes with the intention of returning.
360 (ii) If that person has voted in that state or voting precinct, the person is a resident of
361 that state or voting precinct.
362 (f) A person is not a resident of any county or voting precinct if that person comes for
363 temporary purposes without intending to make that county his home.
364 (g) If a person removes to another state with the intention of making it his principal
365 place of residence, he loses his residence in Utah.

366 (h) If a person moves to another state with the intent of remaining there for an
367 indefinite time as a place of permanent residence, he loses his residence in Utah, even though
368 he intends to return at some future time.
369 (i) (i) Except as provided in Subsection (4)(i)(ii) the place where a person's family
370 resides is presumed to be his place of residence.
371 (ii) A person may rebut the presumption established in Subsection (4)(i)(i) by proving
372 his intent to remain at a place other than where his family resides.
373 (j) (i) A person has changed his residence if:
374 (A) the person has acted affirmatively to remove himself from one geographic location;
375 and
376 (B) the person has an intent to remain in another place.
377 (ii) There can only be one residence.
378 (iii) A residence cannot be lost until another is gained.
379 (5) In computing the period of residence, a person shall:
380 (a) include the day on which the person's residence begins; and
381 (b) exclude the day of the next election.
382 (6) (a) There is a presumption that a person is a resident of Utah and a voting precinct
383 and intends to remain in Utah permanently or indefinitely if the person makes an oath or
384 affirmation upon a registration application form that his residence address and place of
385 residence is within a specific voting precinct in Utah.
386 (b) The election officers and election officials shall allow that person to register and
387 vote unless, upon a challenge by [the satellite] a registrar or some other person, it is shown by
388 law or by clear and compelling evidence that:
389 (i) the person does not intend to remain permanently or indefinitely in Utah; or
390 (ii) the person is incarcerated in prison or jail.
391 (7) (a) The rules set forth in this section for determining place of residence for voting
392 purposes do not apply to a person incarcerated in prison or jail.
393 (b) For voting registration purposes, a person incarcerated in prison or jail is

394 considered to reside in the voting precinct in which his place of residence was located before
395 incarceration.
396 (8) If a person's principal place of residence is a residential parcel of one acre in size or
397 smaller that is divided by the boundary line between two or more counties, that person shall be
398 considered a resident of the county in which a majority of the residential parcel lies.
399 Section 4. Section 20A-2-109 is amended to read:
400 20A-2-109. Statewide voter registration database -- Lieutenant governor to create
401 -- Counties to participate -- List of incarcerated felons.
402 (1) (a) The lieutenant governor shall develop a statewide voter registration database.
403 (b) Each county clerk [shall provide the lieutenant governor with the county's voter
404 registration and other data requested by the lieutenant governor in the form required by the
405 lieutenant governor] shall utilize the statewide voter registration database when recording or
406 modifying voter registration records.
407 (2) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
408 Utah.
409 (b) (i) The Department of Corrections shall provide the lieutenant governor's office
410 with a list of the name and last-known address of each person who:
411 (A) was convicted of a felony in a Utah state court; and
412 (B) is currently incarcerated for commission of a felony.
413 (ii) The lieutenant governor shall establish the frequency of receipt of the information
414 and the method of transmitting the information after consultation with the Department of
415 Corrections.
416 (c) (i) The Department of Corrections shall provide the lieutenant governor's office
417 with a list of the name of each convicted felon who is no longer subject to the jurisdiction of
418 the department because the person has been released from incarceration.
419 (ii) The lieutenant governor shall establish the frequency of receipt of the information
420 and the method of transmitting the information after consultation with the Department of
421 Corrections.

422 Section 5. Section 20A-2-201 is amended to read:
423 20A-2-201. Registering to vote at office of county clerk.
424 (1) Except as provided in Subsection [(2)] (3), the county clerk shall register to vote all
425 persons who present themselves for registration at the county clerk's office during designated
426 office hours if those persons, on voting day, will be legally qualified and entitled to vote in a
427 voting precinct in the county.
428 (2) If a registration form is submitted in person at the office of the county clerk during
429 the period beginning on the date after the voter registration deadline and ending on the date that
430 is 15 calendar days before the date of the election, the county clerk shall:
431 (a) accept registration forms from all persons who present themselves for registration at
432 the clerk's office during designated office hours if those persons, on voting day, will be legally
433 qualified and entitled to vote in a voting precinct in the county; and
434 (b) inform them that:
435 (i) they will be registered to vote in the pending election; and
436 (ii) for the pending election, they must vote on the day of the election and will not be
437 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
438 registered too late.
439 [(2)] (3) Except as provided in Subsection (3), if a registration form is submitted to the
440 county clerk [after the last day of satellite registration as provided in Section 20A-2-203] on
441 the date of the election or during the 14 calendar days before an election, the county clerk shall:
442 (a) accept registration forms from all persons who present themselves for registration at
443 the clerk's office during designated office hours if those persons, on voting day, will be legally
444 qualified and entitled to vote in a voting precinct in the county; and
445 (b) inform them that they will be registered to vote but may not vote in the pending
446 election because they registered too late.
447 [(3) If a registration form is submitted in person at the office of the county clerk during
448 the period beginning on the date after the voter registration deadline and ending on the last day
449 of satellite registration as provided in Section 20A-2-203 , the county clerk shall:]

450 [(a) accept registration forms from all persons who present themselves for registration
451 at the clerk's office during designated office hours if those persons, on voting day, will be
452 legally qualified and entitled to vote in a voting precinct in the county; and]
453 [(b) inform them that:]
454 [(i) they will be registered to vote in the pending election; and]
455 [(ii) for the pending election, they must vote on election day and will not be eligible to
456 vote using early voting under Chapter 3, Part 6, Early Voting, because they registered too late.]
457 Section 6. Section 20A-4-107 is amended to read:
458 20A-4-107. Review and disposition of provisional ballot envelopes.
459 (1) As used in this section, a voter is "legally entitled to vote" if:
460 (a) the voter:
461 (i) is registered to vote in the [county] state;
462 (ii) resides within the voting precinct where the voter seeks to vote; and
463 (iii) provided valid voter identification to the election judge as indicated by a notation
464 in the official register;
465 (b) the voter:
466 (i) is registered to vote in the [county] state; and
467 (ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
468 identical to the ballot voted in the voter's precinct of residence; or
469 (c) the voter:
470 (i) is registered to vote in the [county] state;
471 (ii) the judge recorded in the official register that the voter either failed to provide valid
472 voter identification or the documents provided as valid voter identification were inadequate;
473 and
474 (iii) the county clerk verifies the voter's identity and residence through some other
475 means.
476 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
477 the affirmation on the face of each provisional ballot envelope and determine if the person

478 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
479 voted.
480 (b) If the election officer determines that the person is not a registered voter or is not
481 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
482 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
483 produce or count it.
484 (c) If the election officer determines that the person is a registered voter and is legally
485 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
486 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
487 those ballots at the canvass.
488 (d) The election officer may not count, or allow to be counted a provisional ballot
489 unless the voter's identity and residence is established by a preponderance of the evidence.
490 (3) If the election officer determines that the person is a registered voter, the election
491 officer shall ensure that the voter registration records are updated to reflect the information
492 provided on the provisional ballot envelope.
493 (4) If the election officer determines that the person is not a registered voter and the
494 information on the provisional ballot envelope is complete, the election officer shall:
495 (a) consider the provisional ballot envelope a voter registration form; and
496 (b) register the voter.
497 Section 7. Section 20A-6-105 is amended to read:
498 CHAPTER 5. ELECTION ADMINISTRATION
499 Part 2. Administration in General
500 20A-6-105. Provisional ballot envelopes.
501 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
502 substantially the following form:
503 "AFFIRMATION
504 Are you a citizen of the United States of America? Yes No
505 Will you be 18 years old on or before election day? Yes No

506 If you checked "no" in response to either of the two above questions, do not complete this
507 form.
508 Name of Voter _________________________________________________________
509 First Middle Last
510 Driver License or Identification Card Number _________________________________
511 State of Issuance of Driver License or Identification Card Number _________________
512 Date of Birth ___________________________________________________________
513 Street Address of Principal Place of Residence
514 ______________________________________________________________________
515 City County State Zip Code
516 Telephone Number (optional) ______________________________________________
517 Last four digits of Social Security Number ____________________________
518 Last former address at which I was registered to vote (if known)
519 ______________________________________________________________________
520 City County State Zip Code
521 Voting Precinct (if known)
522 _________________________________________________
523 I, (please print your full name)__________________________do solemnly swear or
524 affirm:
525 [1. that] That I am currently registered to vote in [______________________, County,]
526 the state of Utah[; that I have not moved out of the county since the date of the original
527 registration] and am eligible to vote in this election; that I have not voted in this election in any
528 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
529 vote in [this election in] this precinct; and
530 [2. that on or about____________________(Date), I completed a voter registration
531 application at_______________________________(please indicate the office at which you
532 completed the voter registration application, for example, Human Services, Driver License,
533 etc., or, if you filled out a mail-in registration form, please indicate.);]

534 [3. that I have previously registered to vote in __________________, County, Utah;
535 that I have not resided outside of that county since completing that registration; and that I am
536 entitled to vote today; and]
537 [4. subject] Subject to penalty of law for false statements, that the information
538 contained in this form is true, and that I am a citizen of the United States and a resident of
539 Utah, residing at the above address; and that I am at least 18 years old and have resided in Utah
540 for the 30 days immediately before this election.
541 Signed ______________________________________________________________________
542 Dated ______________________________________________________________________
543 In accordance with Section 20A-3-506 , wilfully providing false information above is a
544 class B misdemeanor under Utah law and is punishable by imprisonment and by fine".
545 "CITIZENSHIP AFFIDAVIT
546 Name:
547 Name at birth, if different:
548 Place of birth:
549 Date of birth:
550 Date and place of naturalization (if applicable):
551 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
552 citizen and that to the best of my knowledge and belief the information above is true and
553 correct.
554 ____________________________
555 Signature of Applicant
556 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
557 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
558 up to one year in jail and a fine of up to $2,500."
559 (2) The provisional ballot envelope shall include:
560 (a) a unique number;
561 (b) a detachable part that includes the unique number; and

562 (c) a telephone number, internet address, or other indicator of a means, in accordance
563 with Section 20A-6-105.5 , where the voter can find out if the provisional ballot was counted.
564 Section 8. Section 20A-9-804 is amended to read:
565 20A-9-804. Registration with county clerk.
566 [(1) Section 20A-2-203 and Section 20A-5-202 do not apply to the Western States
567 Presidential Primary.]
568 [(2) (a)] (1) For the Western States Presidential Primary election, each county clerk
569 shall register to vote all persons who present themselves for registration at the county clerk's
570 office during designated office hours through the Tuesday before the Tuesday of the Western
571 States Presidential Primary if those persons, on voting day, will be legally qualified and entitled
572 to vote in a voting precinct in the county.
573 [(b)] (2) The county clerk shall record the names of person registering to vote during
574 that period in the official register and direct the election judges to allow those persons to vote
575 in the Western States Presidential Primary election if they present themselves at the voting
576 precinct on election day.
577 Section 9. Repealer.
578 This bill repeals:
579 Section 20A-2-203, Satellite location -- Registration by satellite registrar.
580 Section 20A-2-303, Notice of time and place of registration.
581 Section 20A-5-201, Satellite registrars -- Appointment.
582 Section 20A-5-202, Satellite registrars -- Duties.