H.B. 175

1

ELECTION LAW REFORMS
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Neil A. Hansen
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code relating to the procedures for
10 conducting an election.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions;
14 . requires the Department of Health's Office of Vital Records and Statistics to provide
15 the county clerk with a monthly list of those county residents that have died in order
16 to assist the county clerk with removing invalid names from the voter registration
17 list;
18 . requires that voters who vote by provisional ballot be given notice that they may
19 provide additional identity information to the election officer within two business
20 days;
21 . requires each election watcher to wear an identification badge;
22 . defines permitted conduct for persons serving as election watchers;
23 . permits an election official to have a watcher removed from the premises if a
24 watcher interferes with the voting process or violates a provision of the Election
25 Code and fails to respond to a warning from the election official;
26 . provides the grounds upon which a person's right to vote in an election may be
27 challenged during or before an election;

28 . requires that written challenges to a person's right to vote in an election must be
29 filed in advance of the election and provides procedures for filing and resolving the
30 challenges before the date of the election;
31 . requires the election officer to notify each person whose right to vote in the election
32 has been challenged in writing and permits the person who has been challenged to
33 provide information in response to the challenge;
34 . requires that written challenges be submitted under oath and be subject to criminal
35 penalties for false statements;
36 . provides that an election officer's determination regarding a challenge to a person's
37 right to vote is subject to judicial appeal;
38 . requires all documents filed in relation to a written challenge to be public records;
39 . clarifies language relating to challenges to a person's right to vote at the polling
40 place;
41 . clarifies that absentee ballots must comply with delivery requirements in order to be
42 valid;
43 . requires election returns to be delivered to the county seat within 12 hours after the
44 polls close;
45 . requires certain election materials to be retained for a minimum of 24 months,
46 rather than a minimum of 22 months;
47 . requires each voting booth to have a shield, curtain, or other enclosure that
48 preserves the voter's privacy;
49 . requires poll workers to wear identification badges; and
50 . makes technical changes.
51 Monies Appropriated in this Bill:
52 None
53 Other Special Clauses:
54 None
55 Utah Code Sections Affected:
56 AMENDS:
57 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
58 20A-2-305, as last amended by Laws of Utah 1997, Chapter 183

59 20A-3-105.5, as last amended by Laws of Utah 2007, Chapter 75
60 20A-3-201, as last amended by Laws of Utah 2006, Chapter 326
61 20A-3-306, as last amended by Laws of Utah 1997, Chapter 24
62 20A-3-408.5, as enacted by Laws of Utah 2006, Chapter 273
63 20A-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
64 20A-4-201, as last amended by Laws of Utah 2006, Chapter 326
65 20A-4-202, as last amended by Laws of Utah 2007, Chapters 75 and 97
66 20A-5-403, as last amended by Laws of Utah 2007, Chapter 329
67 20A-5-605, as last amended by Laws of Utah 2007, Chapter 75
68 ENACTS:
69 20A-3-202.3, Utah Code Annotated 1953
70 20A-3-202.5, Utah Code Annotated 1953
71 REPEALS AND REENACTS:
72 20A-3-202, as last amended by Laws of Utah 2007, Chapter 75
73
74 Be it enacted by the Legislature of the state of Utah:
75 Section 1. Section 20A-1-102 is amended to read:
76 20A-1-102. Definitions.
77 As used in this title:
78 (1) "Active voter" means a registered voter who has not been classified as an inactive
79 voter by the county clerk.
80 (2) "Automatic tabulating equipment" means apparatus that automatically examines
81 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
82 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
83 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
84 secrecy envelopes.
85 (4) "Ballot sheet":
86 (a) means a ballot that:
87 (i) consists of paper or a card where the voter's votes are marked or recorded; and
88 (ii) can be counted using automatic tabulating equipment; and
89 (b) includes punch card ballots, and other ballots that are machine-countable.

90 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
91 contain the names of offices and candidates and statements of ballot propositions to be voted
92 on and which are used in conjunction with ballot sheets that do not display that information.
93 (6) "Ballot proposition" means opinion questions specifically authorized by the
94 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
95 that are submitted to the voters for their approval or rejection.
96 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
97 20A-4-306 to canvass election returns.
98 (8) "Bond election" means an election held for the purpose of approving or rejecting
99 the proposed issuance of bonds by a government entity.
100 (9) "Book voter registration form" means voter registration forms contained in a bound
101 book that are used by election officers and registration agents to register persons to vote.
102 (10) "By-mail voter registration form" means a voter registration form designed to be
103 completed by the voter and mailed to the election officer.
104 (11) "Canvass" means the review of election returns and the official declaration of
105 election results by the board of canvassers.
106 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
107 the canvass.
108 (13) "Convention" means the political party convention at which party officers and
109 delegates are selected.
110 (14) "Counting center" means one or more locations selected by the election officer in
111 charge of the election for the automatic counting of ballots.
112 (15) "Counting judge" means a poll worker designated to count the ballots during
113 election day.
114 (16) "Counting poll watcher" means a person selected as provided in Section
115 20A-3-201 to witness the counting of ballots.
116 (17) "Counting room" means a suitable and convenient private place or room,
117 immediately adjoining the place where the election is being held, for use by the poll workers
118 and counting judges to count ballots during election day.
119 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
120 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).

121 (20) "County officers" means those county officers that are required by law to be
122 elected.
123 (21) "Election" means a regular general election, a municipal general election, a
124 statewide special election, a local special election, a regular primary election, a municipal
125 primary election, and a local district election.
126 (22) "Election Assistance Commission" means the commission established by Public
127 Law 107-252, the Help America Vote Act of 2002.
128 (23) "Election cycle" means the period beginning on the first day persons are eligible to
129 file declarations of candidacy and ending when the canvass is completed.
130 (24) "Election judge" means a poll worker that is assigned to:
131 (a) preside over other poll workers at a polling place;
132 (b) act as the presiding election judge; or
133 (c) serve as a canvassing judge, counting judge, or receiving judge.
134 (25) "Election officer" means:
135 (a) the lieutenant governor, for all statewide ballots;
136 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
137 as provided in Section 20A-5-400.5 ;
138 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
139 provided in Section 20A-5-400.5 ;
140 (d) the local district clerk or chief executive officer for certain ballots and elections as
141 provided in Section 20A-5-400.5 ; and
142 (e) the business administrator or superintendent of a school district for certain ballots
143 or elections as provided in Section 20A-5-400.5 .
144 (26) "Election official" means any election officer, election judge, or poll worker.
145 (27) "Election results" means, for bond elections, the count of those votes cast for and
146 against the bond proposition plus any or all of the election returns that the board of canvassers
147 may request.
148 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
149 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
150 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
151 spoiled ballots, the ballot disposition form, and the total votes cast form.

152 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
153 device or other voting device that records and stores ballot information by electronic means.
154 (30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
155 (b) "Electronic voting device" includes a direct recording electronic voting device.
156 (31) "Inactive voter" means a registered voter who has been sent the notice required by
157 Section 20A-2-306 and who has failed to respond to that notice.
158 (32) "Inspecting poll watcher" means a person selected as provided in this title to
159 witness the receipt and safe deposit of voted and counted ballots.
160 (33) "Judicial office" means the office filled by any judicial officer.
161 (34) "Judicial officer" means any justice or judge of a court of record or any county
162 court judge.
163 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
164 Local Government Entities - Local Districts, and includes a special service district under Title
165 17A, Chapter 2, Part 13, Utah Special Service District Act.
166 (36) "Local district officers" means those local district officers that are required by law
167 to be elected.
168 (37) "Local election" means a regular municipal election, a local special election, a
169 local district election, and a bond election.
170 (38) "Local political subdivision" means a county, a municipality, a local district, or a
171 local school district.
172 (39) "Local special election" means a special election called by the governing body of a
173 local political subdivision in which all registered voters of the local political subdivision may
174 vote.
175 (40) "Municipal executive" means:
176 (a) the city council or town council in the traditional management arrangement
177 established by Title 10, Chapter 3, Part 1, Governing Body;
178 (b) the mayor in the council-mayor optional form of government defined in Section
179 10-3-101 ; and
180 (c) the manager in the council-manager optional form of government defined in
181 Section 10-3-101 .
182 (41) "Municipal general election" means the election held in municipalities and local

183 districts on the first Tuesday after the first Monday in November of each odd-numbered year
184 for the purposes established in Section 20A-1-202 .
185 (42) "Municipal legislative body" means:
186 (a) the city council or town council in the traditional management arrangement
187 established by Title 10, Chapter 3, Part 1, Governing Body;
188 (b) the municipal council in the council-mayor optional form of government defined in
189 Section 10-3-101 ; and
190 (c) the municipal council in the council-manager optional form of government defined
191 in Section 10-3-101 .
192 (43) "Municipal officers" means those municipal officers that are required by law to be
193 elected.
194 (44) "Municipal primary election" means an election held to nominate candidates for
195 municipal office.
196 (45) "Official ballot" means the ballots distributed by the election officer to the poll
197 workers to be given to voters to record their votes.
198 (46) "Official endorsement" means:
199 (a) the information on the ballot that identifies:
200 (i) the ballot as an official ballot;
201 (ii) the date of the election; and
202 (iii) the facsimile signature of the election officer; and
203 (b) the information on the ballot stub that identifies:
204 (i) the poll worker's initials; and
205 (ii) the ballot number.
206 (47) "Official register" means the official record furnished to election officials by the
207 election officer that contains the information required by Section 20A-5-401 .
208 (48) "Paper ballot" means a paper that contains:
209 (a) the names of offices and candidates and statements of ballot propositions to be
210 voted on; and
211 (b) spaces for the voter to record his vote for each office and for or against each ballot
212 proposition.
213 (49) "Political party" means an organization of registered voters that has qualified to

214 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
215 Formation and Procedures.
216 (50) (a) "Poll worker" means a person assigned by an election official to assist with an
217 election, voting, or counting votes.
218 (b) "Poll worker" includes election judges.
219 (c) "Poll worker" does not include a watcher.
220 (51) "Pollbook" means a record of the names of voters in the order that they appear to
221 cast votes.
222 (52) "Polling place" means the building where voting is conducted.
223 (53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
224 in which the voter marks his choice.
225 (54) "Provisional ballot" means a ballot voted provisionally by a person:
226 (a) whose name is not listed on the official register at the polling place;
227 (b) whose legal right to vote is challenged as provided in this title; or
228 (c) whose identity was not sufficiently established by a poll worker.
229 (55) "Provisional ballot envelope" means an envelope printed in the form required by
230 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
231 verify a person's legal right to vote.
232 (56) "Primary convention" means the political party conventions at which nominees for
233 the regular primary election are selected.
234 (57) "Protective counter" means a separate counter, which cannot be reset, that is built
235 into a voting machine and records the total number of movements of the operating lever.
236 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
237 duties of the position for which the person was elected.
238 (59) "Receiving judge" means the poll worker that checks the voter's name in the
239 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
240 after the voter has voted.
241 (60) "Registration form" means a book voter registration form and a by-mail voter
242 registration form.
243 (61) "Regular ballot" means a ballot that is not a provisional ballot.
244 (62) "Regular general election" means the election held throughout the state on the first

245 Tuesday after the first Monday in November of each even-numbered year for the purposes
246 established in Section 20A-1-201 .
247 (63) "Regular primary election" means the election on the fourth Tuesday of June of
248 each even-numbered year, at which candidates of political parties and nonpolitical groups are
249 voted for nomination.
250 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
251 (65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
252 and distributed as provided in Section 20A-5-405 .
253 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
254 punch the ballot for one or more candidates who are members of different political parties.
255 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
256 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
257 voter's vote.
258 (68) "Special election" means an election held as authorized by Section 20A-1-204 .
259 (69) "Spoiled ballot" means each ballot that:
260 (a) is spoiled by the voter;
261 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
262 (c) lacks the official endorsement.
263 (70) "Statewide special election" means a special election called by the governor or the
264 Legislature in which all registered voters in Utah may vote.
265 (71) "Stub" means the detachable part of each ballot.
266 (72) "Substitute ballots" means replacement ballots provided by an election officer to
267 the poll workers when the official ballots are lost or stolen.
268 (73) "Ticket" means each list of candidates for each political party or for each group of
269 petitioners.
270 (74) "Transfer case" means the sealed box used to transport voted ballots to the
271 counting center.
272 (75) "Vacancy" means the absence of a person to serve in any position created by
273 statute, whether that absence occurs because of death, disability, disqualification, resignation,
274 or other cause.
275 (76) "Valid voter identification" means:

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

307 photograph, but establishes the name of the voter and provides evidence that the voter resides
308 in the voting precinct.
309 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
310 candidate by following the procedures and requirements of this title.
311 (78) "Voter" means a person who meets the requirements for voting in an election,
312 meets the requirements of election registration, is registered to vote, and is listed in the official
313 register book.
314 (79) "Voter registration deadline" means the registration deadline provided in Section
315 20A-2-102.5 .
316 (80) "Voting area" means the area within six feet of the voting booths, voting
317 machines, and ballot box.
318 (81) "Voting booth" means:
319 (a) the space or compartment within a polling place that is provided for the preparation
320 of ballots, including the voting machine enclosure or curtain; or
321 (b) a voting device that is free standing.
322 (82) "Voting device" means:
323 (a) an apparatus in which ballot sheets are used in connection with a punch device for
324 piercing the ballots by the voter;
325 (b) a device for marking the ballots with ink or another substance;
326 (c) an electronic voting device or other device used to make selections and cast a ballot
327 electronically, or any component thereof;
328 (d) an automated voting system under Section 20A-5-302 ; or
329 (e) any other method for recording votes on ballots so that the ballot may be tabulated
330 by means of automatic tabulating equipment.
331 (83) "Voting machine" means a machine designed for the sole purpose of recording
332 and tabulating votes cast by voters at an election.
333 (84) "Voting poll watcher" means a person appointed as provided in this title to
334 witness the distribution of ballots and the voting process.
335 (85) "Voting precinct" means the smallest voting unit established as provided by law
336 within which qualified voters vote at one polling place.
337 (86) "Watcher" means a person appointed or designated under Section 20A-3-201 to

338 observe one or more aspects of an election and includes a party poll watcher, an issue poll
339 watcher, a candidate poll watcher, a voting poll watcher, a counting poll watcher, an inspecting
340 poll watcher, and a testing watcher.
341 (87) "Western States Presidential Primary" means the election established in Title 20A,
342 Chapter 9, Part 8.
343 (88) "Write-in ballot" means a ballot containing any write-in votes.
344 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
345 ballot according to the procedures established in this title.
346 Section 2. Section 20A-2-305 is amended to read:
347 20A-2-305. Removing names from the official register -- General requirements.
348 (1) The county clerk may not remove a voter's name from the official register because
349 the voter has failed to vote in an election.
350 (2) The county clerk may remove a voter's name from the official register only when:
351 (a) the voter dies and the requirements of Subsection (3) are met;
352 (b) the county clerk, after complying with the requirements of Section 20A-2-306 ,
353 receives written confirmation from the voter that the voter no longer resides within the county
354 clerk's county;
355 (c) the county clerk has obtained evidence that the voter's residence has changed, has
356 mailed notice to the voter as required by Section 20A-2-306 and received no response from the
357 voter, and the voter has failed to vote or appear to vote in either of the next two regular general
358 elections following the date of the notice;
359 (d) the voter requests, in writing, that his name be removed from the official register;
360 or
361 (e) the county clerk receives a returned voter identification card, determines that there
362 was no clerical error causing the card to be returned, and has no further information to contact
363 the voter.
364 (3) (a) The county clerk may remove a voter's name from the registration list upon the
365 [annual] receipt of a listing of [all] deceased residents from the Department of Health's
366 [Bureau] Office of Vital Records and Statistics.
367 (b) In order to assist the county clerk in identifying names that should be removed from
368 the voter registration list, the Department of Health's Office of Vital Records and Statistics

369 shall, on a monthly basis, provide each county clerk with a listing of all county residents that
370 have died since the previous list was provided.
371 Section 3. Section 20A-3-105.5 is amended to read:
372 20A-3-105.5. Manner of voting -- Provisional ballot.
373 (1) The poll workers shall follow the procedures and requirements of this section
374 when:
375 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ;
376 (b) the person's name is not found on the official register; or
377 (c) the poll worker is not satisfied that the voter has provided valid voter identification.
378 (2) When faced with one of the circumstances outlined in Subsection (1)(a) or (1)(b),
379 the poll worker shall:
380 (a) request that the person provide valid voter identification; and
381 (b) review the identification provided by the person.
382 (3) If the poll worker is satisfied that the person has provided valid voter identification
383 that establishes the person's identity and residence in the voting precinct:
384 (a) the poll worker in charge of the official register shall:
385 (i) record in the official register the type of identification that es