H.B. 317

1

ELECTION DAY VOTER REGISTRATION
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 the Election Code to permit voters to register to vote on the date of
10 the election.
11 Highlighted Provisions:
12 This bill:
13 . allows individuals to register to vote at their voting precinct's polling place on the
14 date of the election;
15 . provides definitions;
16 . allows voters to change their party affiliation at their voting precinct's polling place
17 on the date of the election, with certain exceptions for primary elections;
18 . requires county clerks to provide election day registration information to any
19 individual that seeks to register in person at the county clerk's office after the voter
20 registration deadline has passed;
21 . requires county clerks to provide registration information to individuals that submit
22 an untimely or incomplete voter registration form by mail, with a driver license
23 form, or through a voter registration agency, and requires the clerk to notify the
24 individual that the individual was not registered; and
25 . makes technical changes.
26 Monies Appropriated in this Bill:
27 None

28 Other Special Clauses:
29 None
30 Utah Code Sections Affected:
31 AMENDS:
32 20A-2-107, as last amended by Laws of Utah 2006, Chapter 264
33 20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
34 20A-2-202, as last amended by Laws of Utah 2006, Chapters 264 and 326
35 20A-2-204, as last amended by Laws of Utah 2006, Chapters 264 and 326
36 20A-2-205, as last amended by Laws of Utah 2006, Chapters 264 and 326
37 20A-2-304, as last amended by Laws of Utah 2006, Chapter 264
38 20A-3-104, as last amended by Laws of Utah 2006, Chapters 264 and 326
39 20A-3-104.5, as last amended by Laws of Utah 2006, Chapters 15, 264, and 326
40 20A-9-808, as last amended by Laws of Utah 2006, Chapters 264 and 326
41 ENACTS:
42 20A-2-201.5, Utah Code Annotated 1953
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-2-107 is amended to read:
46 20A-2-107. Designating or changing party affiliation.
47 (1) The county clerk shall:
48 (a) record the party affiliation designated by the voter on the voter registration form as
49 the voter's party affiliation; or
50 (b) if no political party affiliation is designated by the voter on the voter registration
51 form, record the voter's party affiliation as "unaffiliated."
52 (2) [(a) Any] Subject to the provisions of Subsection (3), any registered voter may
53 designate or change the voter's political party affiliation by [complying with the procedures and
54 requirements of this Subsection (2). (b) Except for the period beginning on the day after the
55 voter registration deadline and continuing through the date of the regular primary election, any
56 registered voter may designate or change the voter's political party affiliation by] filing a signed
57 form with the county clerk that identifies the registered political party with which the voter
58 chooses to affiliate[.] with the:

59 (a) county clerk; or
60 (b) poll worker at the polling place for the voter's voting precinct on the date of the
61 election, as defined under Section 20A-2-201.5 .
62 (3) A registered voter may designate, but may not change, the voter's political party
63 affiliation during the period that commences 20 days before a regular primary election and
64 continues through the date of the regular primary election.
65 Section 2. Section 20A-2-201 is amended to read:
66 20A-2-201. Registering to vote at office of county clerk.
67 (1) Except as provided in Subsection (3), the county clerk shall register to vote all
68 persons who present themselves for registration at the county clerk's office during designated
69 office hours if those persons, on voting day, will be legally qualified [and entitled] to vote in a
70 voting precinct in the county.
71 (2) If a registration form is submitted in person at the office of the county clerk during
72 the period beginning on the date after the voter registration deadline and ending on the date that
73 is 15 calendar days before the date of the election, the county clerk shall:
74 (a) accept registration forms from all persons who present themselves for registration at
75 the clerk's office during designated office hours if those persons, on voting day, will be legally
76 qualified and entitled to vote in a voting precinct in the county; and
77 (b) inform them that:
78 (i) they will be registered to vote in the pending election; and
79 (ii) for the pending election, they must vote on the day of the election and will not be
80 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
81 registered too late.
82 (3) [Except as provided in Subsection (3), if] If a registration form is submitted to the
83 county clerk on the date of the election or during the 14 calendar days before an election, the
84 county clerk shall:
85 (a) [accept registration forms from] notify all persons who present themselves for
86 registration at the clerk's office during designated office hours [if those persons, on voting day,
87 will be legally qualified and entitled to vote in a voting precinct in the county] that if they wish
88 to register for the pending election, they will be required to register to vote at their assigned
89 voting precinct on election day; and

90 (b) inform them that if they would like to register on the current date, they will be
91 registered to vote in later elections, but may not vote in the pending election [because they
92 registered too late].
93 Section 3. Section 20A-2-201.5 is enacted to read:
94 20A-2-201.5. Registration on election day.
95 (1) As used in this section:
96 (a) "Date of the election" means that date that is scheduled for the conducting of:
97 (i) an election, as defined under Section 20A-1-102 ;
98 (ii) a bond election; or
99 (iii) the Western States Presidential Primary.
100 (b) "Date of the election" does not mean the early voting period provided according to
101 the requirements of Section 20A-3-601 .
102 (2) The poll workers for each voting precinct shall register to vote all persons who
103 present themselves for registration during the hours that the polls are open on the date of the
104 election if:
105 (a) the person is legally qualified to vote as of the date of the election;
106 (b) the person appears, in person and during the hours that the polls are open, at the
107 polling place for the voting precinct in which the person has the person's principal place of
108 residence; and
109 (c) the person completes a voter registration form according to the procedures and
110 requirements of Section 20A-2-104 .
111 Section 4. Section 20A-2-202 is amended to read:
112 20A-2-202. Registration by mail.
113 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
114 (b) To register by mail, a citizen shall complete and sign the by-mail registration form
115 and mail or deliver it to the county clerk of the county in which the citizen resides.
116 (c) (i) In order to register to vote in a particular election, the citizen shall:
117 (A) address the by-mail voter registration form to the county clerk; and
118 (B) ensure that it is postmarked on or before the voter registration deadline.
119 (ii) If the voter is registering for the first time in the county, the citizen shall either:
120 (A) submit a copy of the voter's valid voter identification with the by-mail voter

121 registration form; or
122 (B) submit valid voter identification to the poll worker at the time the citizen votes.
123 (d) The citizen has effectively registered to vote under this section only when the
124 county clerk's office has received a correctly completed by-mail voter registration form.
125 (2) Upon receipt of a correctly completed by-mail voter registration form, the county
126 clerk shall:
127 (a) enter the applicant's name on the list of registered voters for the voting precinct in
128 which the applicant resides; and
129 (b) mail confirmation of registration to the newly registered voter after entering the
130 applicant's voting precinct number on that copy.
131 (3) (a) If the county clerk receives a correctly completed by-mail voter registration
132 form that is postmarked after the voter registration deadline[, the county clerk shall: (i) register
133 the applicant after the next election; and (ii) if possible, promptly phone or mail a notice to the
134 applicant before the election, informing the applicant that his registration will not be effective
135 until after the election.] or that is postmarked before the registration deadline, but is not
136 received at least seven days before the election, the county clerk shall promptly mail a notice to
137 the applicant and, if possible, promptly attempt to phone the applicant to provide the applicant
138 with:
139 (i) notice that the registration form was either not timely mailed or not timely received;
140 (ii) notice that the person may register to vote on the day of the election by appearing,
141 in person and during the hours that the polls are open, at the polling place for the voting
142 precinct in which the person has the person's principal place of residence;
143 (iii) the number of the person's local voting precinct and the voting location for that
144 precinct; and
145 (iv) notice that the person will be required to meet the requirements of Section
146 20A-2-201.5 in order to register to vote on election day.
147 (b) When the county clerk receives a correctly completed by-mail voter registration
148 form at least seven days before an election that is postmarked on or before the date of the voter
149 registration deadline, the county clerk shall:
150 (i) process the by-mail voter registration form; and
151 (ii) record the new voter in the official register.

152 (4) If the county clerk determines that a registration form received by mail or otherwise
153 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
154 the person attempting to register[, informing him that he] to provide the person with:
155 (a) notice that the person has not been registered because of an error or because the
156 form is incomplete[.];
157 (b) notice that the person may register to vote:
158 (i) on the day of the election by appearing, in person and during the hours that the polls
159 are open, at the polling place for the voting precinct in which the person has the person's
160 principal place of residence; or
161 (ii) if the associated deadlines have not passed, by mail, at a voter registration agency,
162 or at the office of the county clerk;
163 (c) the number of the person's local voting precinct and the voting location for that
164 precinct, if the voting precinct may be determined from the information provided on the
165 registration form; and
166 (d) notice that the person will be required to meet the requirements of Section
167 20A-2-201.5 in order to register to vote.
168 Section 5. Section 20A-2-204 is amended to read:
169 20A-2-204. Registering to vote when applying for or renewing a driver license.
170 (1) As used in this section, "voter registration form" means the driver license
171 application/voter registration form and the driver license renewal/voter registration form
172 required by Section 20A-2-108 .
173 (2) Any citizen who is qualified to vote may register to vote by completing the voter
174 registration form.
175 (3) The Driver License Division shall:
176 (a) assist applicants in completing the voter registration form unless the applicant
177 refuses assistance;
178 (b) accept completed forms for transmittal to the appropriate election official;
179 (c) transmit a copy of each voter registration form to the appropriate election official
180 within five days after it is received by the division;
181 (d) transmit each address change within five days after it is received by the division;
182 and

183 (e) transmit electronically to the lieutenant governor's office the name, address, birth
184 date, and driver license number of each person who answers "yes" to the question on the driver
185 license form about registering to vote.
186 (4) Upon receipt of a correctly completed voter registration form, the county clerk
187 shall:
188 (a) enter the applicant's name on the list of registered voters for the voting precinct in
189 which the applicant resides; and
190 (b) notify the applicant of registration.
191 (5) (a) If the county clerk receives a correctly completed voter registration form from
192 the Driver License Division that is dated after the voter registration deadline[, the county clerk
193 shall: (i) register the applicant after the next election; and (ii) if possible, promptly phone or
194 mail a notice to the applicant before the election, informing the applicant that his registration
195 will not be effective until after the election.] or that is received during the six calendar days
196 before an election, the county clerk shall promptly mail a notice to the applicant and, if
197 possible, promptly attempt to phone the applicant to provide the applicant with:
198 (i) notice that the registration form was either not timely mailed or not timely received;
199 (ii) notice that the person may register to vote on the day of the election by appearing,
200 in person and during the hours that the polls are open, at the polling place for the voting
201 precinct in which the person has the person's principal place of residence;
202 (iii) the number of the person's local voting precinct and the voting location for that
203 precinct; and
204 (iv) notice that the person will be required to meet the requirements of Section
205 20A-2-201.5 in order to register to vote on election day.
206 (b) When the county clerk receives a correctly completed voter registration form at
207 least seven days before an election that is dated on or before the voter registration deadline, the
208 county clerk shall:
209 (i) process the voter registration form; and
210 (ii) record the new voter in the official register.
211 (6) If the county clerk determines that a voter registration form received from the
212 Driver License Division is incorrect because of an error or because it is incomplete, the county
213 clerk shall mail notice to the person attempting to register[, informing him] to provide the

214 person with:
215 (a) notice that [he] the person has not been registered because of an error or because
216 the form is incomplete[.];
217 (b) notice that the person may register to vote:
218 (i) on the day of the election by appearing, in person and during the hours that the polls
219 are open, at the polling place for the voting precinct in which the person has the person's
220 principal place of residence; or
221 (ii) if the associated deadlines have not passed, by mail, at a voter registration agency,
222 or at the office of the county clerk;
223 (c) the number of the person's local voting precinct and the voting location for that
224 precinct, if the voting precinct may be determined from the information provided on the
225 registration form; and
226 (d) notice that the person will be required to meet the requirements of Section
227 20A-2-201.5 in order to register to vote.
228 Section 6. Section 20A-2-205 is amended to read:
229 20A-2-205. Registration at voter registration agencies.
230 (1) As used in this section:
231 (a) "Discretionary voter registration agency" means each office designated by the
232 county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
233 by-mail voter registration forms to the public.
234 (b) "Public assistance agency" means each office in Utah that provides:
235 (i) public assistance; or
236 (ii) state funded programs primarily engaged in providing services to people with
237 disabilities.
238 (2) Any person may obtain and complete a by-mail registration form at a public
239 assistance agency or discretionary voter registration agency.
240 (3) Each public assistance agency and discretionary voter registration agency shall
241 provide, either as part of existing forms or on a separate form, the following information in
242 substantially the following form:
243 "REGISTERING TO VOTE
244 If you are not registered to vote where you live now, would you like to apply to register

245 to vote here today? (Applying to register to vote or declining to register to vote will not affect
246 the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
247 DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
248 NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
249 voter registration application form, we will help you. The decision about whether or not to
250 seek or accept help is yours. You may fill out the application form in private. If you believe
251 that someone has interfered with your right to register or to decline to register to vote, your
252 right to privacy in deciding whether or not to register, or in applying to register to vote, or your
253 right to choose your own political party or other political preference, you may file a complaint
254 with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
255 84114. [phone]."
256 (4) Unless a person applying for service or assistance from a public assistance agency
257 or discretionary voter registration agency declines, in writing, to register to vote, each public
258 assistance agency and discretionary voter registration agency shall:
259 (a) distribute a by-mail voter registration form with each application for service or
260 assistance provided by the agency or office;
261 (b) assist applicants in completing the voter registration form unless the applicant
262 refuses assistance;
263 (c) accept completed forms for transmittal to the appropriate election official; and
264 (d) transmit a copy of each voter registration form to the appropriate election official
265 within five days after it is received by the division.
266 (5) A person in a public assistance agency or a discretionary voter registration agency
267 that helps a person complete the voter registration form may not:
268 (a) seek to influence an applicant's political preference or party registration;
269 (b) display any political preference or party allegiance;
270 (c) make any statement to an applicant or take any action that has the purpose or effect
271 of discouraging the applicant from registering to vote; or
272 (d) make any statement to an applicant or take any action that has the purpose or effect
273 of leading the applicant to believe that a decision to register or not to register has any bearing
274 upon the availability of services or benefits.
275 (6) Upon receipt of a correctly completed voter registration form, the county clerk

276 shall:
277 (a) enter the applicant's name on the list of registered voters for the voting precinct in
278 which the applicant resides; and
279 (b) notify the applicant of registration.
280 (7) (a) If the county clerk receives a correctly completed voter registration form from a
281 public assistance agency or discretionary voter registration agency that is dated after the voter
282 registration deadline[, the county clerk shall: (i) register the applicant after the next election;
283 and (ii) if possible, promptly phone or mail a notice to the applicant before the election,
284 informing the applicant that his registration will not be effective until after the election.] or that
285 is received during the six calendar days before an election, the county clerk shall promptly mail
286 a notice to the applicant and, if possible, promptly attempt to phone the applicant to provide the
287 applicant with:
288 (i) notice that the registration form was either not timely mailed or not timely received;
289 (ii) notice that the person may register to vote on the day of the election by appearing,
290 in person and during the hours that the polls are open, at the polling place for the voting
291 precinct in which the person has the person's principal place of residence;
292 (iii) the number of the person's local voting precinct and the voting location for that
293 precinct; and
294 (iv) notice that the person will be required to meet the requirements of Section
295 20A-2-201.5 in order to register to vote on election day.
296 (b) When the county clerk receives a correctly completed voter registration form at
297 least seven days before an election that is dated on or before the voter registration deadline, the
298 county clerk shall:
299 (i) process the voter registration form; and
300 (ii) record the new voter in the official register.
301 (8) If the county clerk determines that a voter registration form received from a public
302 assistance agency or discretionary voter registration agency is incorrect because of an error or
303 because it is incomplete, the county clerk shall mail notice to the person attempting to register[,
304 informing him] to provide the person with:
305 (a) notice that [he] the person has not been registered because of an error or because
306 the form is incomplete[.];

307 (b) notice that the person may register to vote:
308 (i) on the day of the election by appearing, in person and during the hours that the polls
309 are open, at the polling place for the voting precinct in which the person has the person's
310 principal place of residence; or
311 (ii) if the associated deadlines have not passed, by mail, at a voter registration agency,
312 or at the office of the county clerk;
313 (c) the number of the person's local voting precinct and the voting location for that
314 precinct, if the voting precinct may be determined from the information provided on the
315 registration form; and
316 (d) notice that the person will be required to meet the requirements of Section
317 20A-2-201.5 in order to register to vote.
318 Section 7. Section 20A-2-304 is amended to read:
319 20A-2-304. County clerk's responsibilities -- Notice of disposition.
320 Each county clerk shall:
321 (1) register to vote each applicant for registration who meets the requirements for
322 registration and who:
323 (a) submits a completed voter registration form to the county clerk on or before the
324 voter registration deadline;
325 (b) submits a completed voter registration form to the Driver License Division, a
326 public assistance agency, or a discretionary voter registration agency on or before the voter
327 registration deadline; [or]
328 (c) mails a completed by-mail voter registration form to the county clerk on or before
329 the voter registration deadline; [and] or
330 (d) submits a completed voter registration form to a poll worker on election day
331 according to the requirements of Section 20A-2-201.5 ; and
332 (2) send a notice to the voter informing the voter that:
333 (a) the voter's application for voter registration has been accepted and that the voter is
334 registered to vote;
335 (b) the voter's application for voter registration has been rejected and the reason for the
336 rejection; or
337 (c) the application for voter registration is being returned to the voter for further action

338 because the application is incomplete and giving instructions to the voter about how to properly
339 complete the application.
340 Section 8. Section 20A-3-104 is amended to read:
341 20A-3-104. Manner of voting.
342 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
343 residence, to one of the poll workers.
344 (b) The voter shall present valid voter identification to one of the poll workers if the
345 voter is:
346 (i) required to present valid voter identification as indicated by a notation in the official
347 register;
348 (ii) voting in person by absentee ballot; or
349 (iii) voting during the early voting period.
350 (c) If a voter is not required to present valid voter identification under Subsection
351 (1)(b), and the poll worker does not know the voter requesting a ballot and has reason to doubt
352 that voter's identity, the poll worker shall:
353 (i) request that the voter present valid voter identification; or
354 (ii) have the voter identified by a known registered voter of the district.
355 (d) If the poll worker is satisfied that the voter has been properly identified, the poll
356 worker shall:
357 (i) record the type of identification provided by the voter in the appropriate space in the
358 official register; and
359 (ii) follow the procedures of Subsection (2).
360 (e) If the poll worker is not satisfied that the voter has been properly identified, the poll
361 worker shall:
362 (i) indicate on the official register that the voter was not properly identified;
363 (ii) issue the voter a provisional ballot; and
364 (iii) follow the procedures and requirements of Section 20A-3-105.5 .
365 (f) If the person's right to vote is challenged as provided in Section 20A-3-202 , the poll
366 worker shall follow the procedures and requirements of Section 20A-3-105.5 .
367 (2) (a) The poll worker in charge of the official register shall check the official register
368 to determine whether or not the voter is registered to vote.

369 (b) If the voter's name is not found on the official register and the voter has not
370 registered to vote on election day, the poll worker shall follow the procedures and
371 requirements of Section 20A-3-105.5 .
372 (3) If the poll worker determines that the voter is registered and:
373 (a) if the ballot is a paper ballot or a ballot sheet:
374 (i) the poll worker in charge of the official register shall:
375 (A) write the ballot number opposite the name of the voter in the official register; and
376 (B) direct the voter to sign his name in the election column in the official register;
377 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
378 and
379 (iii) the poll worker having charge of the ballots shall:
380 (A) endorse his initials on the stub;
381 (B) check the name of the voter on the pollbook list with the number of the stub;
382 (C) hand the voter a ballot; and
383 (D) allow the voter to enter the voting booth; or
384 (b) if the ballot is an electronic ballot:
385 (i) the poll worker in charge of the official register shall direct the voter to sign the
386 voter's name in the official register;
387 (ii) another poll worker shall list the voter's name in the pollbook; and
388 (iii) the poll worker having charge of the ballots shall:
389 (A) provide the voter access to the electronic ballot; and
390 (B) allow the voter to vote the electronic ballot.
391 (4) Whenever the election officer is required to furnish more than one kind of official
392 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
393 voter the kind of ballot that the voter is qualified to vote.
394 Section 9. Section 20A-3-104.5 is amended to read:
395 20A-3-104.5. Voting -- Regular primary election.
396 (1) (a) Any registered voter desiring to vote at the regular primary election shall give
397 his name, the name of the registered political party whose ballot the voter wishes to vote, and,
398 if requested, his residence, to one of the poll workers.
399 (b) The voter shall present valid voter identification to one of the poll workers if the

400 voter is:
401 (i) required to present valid voter identification as indicated by a notation in the official
402 register;
403 (ii) voting in person by absentee ballot; or
404 (iii) voting during the early voting period.
405 (c) If a voter is not required to present valid voter identification under Subsection
406 (1)(b), and the poll worker does not know the voter requesting a ballot and has reason to doubt
407 that voter's identity, the poll worker shall:
408 (i) request that the voter present valid voter identification; or
409 (ii) have the voter identified by a known registered voter of the district.
410 (d) The poll worker shall follow the procedures and requirements of Section
411 20A-3-105.5 if:
412 (i) the poll worker is not satisfied that the voter has been properly identified; or
413 (ii) the voter's right to vote is challenged under Section 20A-3-202 .
414 (2) (a) (i) If the voter is properly identified, the poll worker in charge of the official
415 register shall [check the official register to] determine:
416 (A) whether or not the voter is registered to vote by checking the official register or
417 confirming that the person has registered to vote on election day; and
418 (B) whether or not the voter's party affiliation designation [in the official register]
419 allows the voter to vote the ballot that the voter requested[.] by checking:
420 (I) the official register; or
421 (II) if the voter has registered on election day, the voter's registration form.
422 (ii) If the official register or registration form does not affirmatively identify the voter
423 as being affiliated with a registered political party, or if the official register or voter registration
424 form identifies the voter as being "unaffiliated," the voter shall be considered to be
425 "unaffiliated."
426 (b) [(i) Except as provided in Subsection (2)(b)(ii), if] If the voter's name is not found
427 on the official register and the voter has not registered to vote on election day, the poll worker
428 shall follow the procedures and requirements of Section 20A-3-105.5 .
429 [(ii) (A) If it is not unduly disruptive of the election process, the poll worker shall
430 attempt to contact the county clerk's office to request oral verification of the voter's

431 registration.]
432 [(B) If oral verification is received from the county clerk's office, the poll worker
433 shall:]
434 [(I) record the verification on the official register;]
435 [(II) determine the voter's party affiliation and the ballot that the voter is qualified to
436 vote; and]
437 [(III) perform the other administrative steps required by Subsection (3).]
438 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
439 affiliation listed in the official register or on the election day voter registration form does not
440 allow the voter to vote the ballot that the voter requested, the poll worker shall inform the voter
441 of that fact and inform the voter of the ballot or ballots that the voter's party affiliation does
442 allow the voter to vote.
443 (ii) (A) If the voter is listed in the official register or on the election day voter
444 registration form as "unaffiliated," or if the official register or voter registration form does not
445 affirmatively identify the voter as either "unaffiliated" or affiliated with a registered political
446 party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the voter
447 requests, the poll worker shall ask the voter if the voter wishes to:
448 (I) vote another registered political party ballot that the voter, as "unaffiliated," is
449 authorized to vote[,]; or
450 (II) remain "unaffiliated."
451 (B) If the voter wishes to vote another registered political party ballot that the
452 unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
453 (3).
454 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
455 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
456 voter may not vote.
457 (iii) For the primary elections held in [2004, 2006, and] 2008 only:
458 (A) If the voter is listed in the official register or on the election day voter registration
459 form as "unaffiliated," or if the official register or voter registration form does not affirmatively
460 identify the voter as either "unaffiliated" or "affiliated" with a registered political party, the poll
461 worker shall ask the voter if the voter wishes to:

462 (I) affiliate with a registered political party[,]; or
463 (II) remain "unaffiliated."
464 (B) If the voter wishes to affiliate with the registered political party whose ballot the
465 voter requested, the poll worker shall direct the voter to complete the change of party affiliation
466 form and proceed as required by Subsection (3).
467 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
468 political party ballot that the unaffiliated voter is authorized to vote, the poll worker shall
469 proceed as required by Subsection (3).
470 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
471 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
472 voter may not vote.
473 (3) If the poll worker determines that the voter is registered and eligible, under
474 Subsection (2), to vote the ballot that the voter requested and:
475 (a) if the ballot is a paper ballot or a ballot sheet:
476 (i) the poll worker in charge of the official register shall:
477 (A) write the ballot number and the name of the registered political party whose ballot
478 the voter voted opposite the name of the voter in the official register; and
479 (B) direct the voter to sign his name in the election column in the official register;
480 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
481 and
482 (iii) the poll worker having charge of the ballots shall:
483 (A) endorse his initials on the stub;
484 (B) check the name of the voter on the pollbook list with the number of the stub;
485 (C) hand the voter the ballot for the registered political party that the voter requested
486 and for which the voter is authorized to vote; and
487 (D) allow the voter to enter the voting booth; or
488 (b) if the ballot is an electronic ballot:
489 (i) the poll worker in charge of the official register shall direct the voter to sign his
490 name in the official register;
491 (ii) another poll worker shall list the voter's name in the pollbook; and
492 (iii) the poll worker having charge of the ballots shall:

493 (A) provide the voter access to the electronic ballot for the registered political party
494 that the voter requested and for which the voter is authorized to vote; and
495 (B) allow the voter to vote the electronic ballot.
496 (4) Whenever the election officer is required to furnish more than one kind of official
497 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
498 voter the kind of ballot that the voter is qualified to vote.
499 Section 10. Section 20A-9-808 is amended to read:
500 20A-9-808. Voting.
501 (1) (a) Any registered voter desiring to vote at the Western States Presidential Primary
502 shall give his name, the name of the registered political party whose ballot the voter wishes to
503 vote, and, if requested, his residence, to one of the poll workers.
504 (b) The voter shall present valid voter identification to one of the poll workers if the
505 voter is:
506 (i) required to present valid voter identification as indicated by a notation in the official
507 register;
508 (ii) voting in person by absentee ballot; or
509 (iii) voting during the early voting period prior to the date of the election.
510 (c) If a voter is not required to present valid voter identification under Subsection
511 (1)(b), and the poll worker does not know the voter requesting a ballot and has reason to doubt
512 that voter's identity, the poll worker shall:
513 (i) request that the voter present valid voter identification; or
514 (ii) have the voter identified by a known registered voter of the district.
515 (d) The poll worker shall follow the procedures and requirements of Section
516 20A-3-105.5 if:
517 (i) the voter's right to vote is challenged under Section 20A-3-202; or
518 (ii) the poll worker is not satisfied that the voter has been properly identified.
519 (2) (a) (i) When the voter is properly identified, the poll worker in charge of the official
520 register shall [check the official register to] determine:
521 (A) whether or not the voter is registered to vote by checking the official register or, if
522 the voter has registered to vote on election day, the voter's registration form; and
523 (B) whether or not the voter's party affiliation designation [in the official] register

524 allows the voter to vote the ballot that the voter requested by checking the official register or, if
525 the voter has registered to vote on election day, the voter's registration form.
526 (ii) If the official register or voter registration form does not affirmatively identify the
527 voter as being affiliated with a registered political party or if the official register or voter
528 registration form identifies the voter as being "unaffiliated," the voter shall be considered to be
529 "unaffiliated."
530 (b) If the voter's name is not found on the official register and the voter has not
531 registered to vote on election day, the poll worker shall follow the procedures and requirements
532 of Section 20A-3-105.5 .
533 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
534 affiliation listed in the official register or on the election day voter registration form does not
535 allow the voter to vote the ballot that the voter requested, the poll worker shall inform the voter
536 of that fact and inform the voter of the ballot or ballots that the voter's party affiliation does
537 allow the voter to vote.
538 (ii) (A) If the voter is listed in the official register or on the election day voter
539 registration form as "unaffiliated," or if the official register or voter registration form does not
540 affirmatively identify the voter as either "unaffiliated" or affiliated with a registered political
541 party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the voter
542 requests, the poll worker shall ask the voter if the voter wishes to:
543 (I) affiliate with the registered political party whose ballot the voter requested[,];
544 (II) vote another registered political party ballot that the voter, as "unaffiliated," is
545 authorized to vote[,]; or
546 (III) remain "unaffiliated."
547 (B) If the voter wishes to affiliate with the registered political party whose ballot the
548 voter requested, the poll worker shall enter in the official register the voter's new party
549 affiliation and proceed as required by Subsection (3).
550 (C) If the voter wishes to vote another registered political party ballot that the
551 unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
552 (3).
553 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
554 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the

555 voter may not vote.
556 (3) If the poll worker determines that the voter is registered and eligible, under
557 Subsection (2), to vote the ballot that the voter requested and:
558 (a) if the ballot is a paper ballot or a ballot sheet:
559 (i) the poll worker in charge of the official register shall:
560 (A) write the ballot number and the name of the registered political party whose ballot
561 the voter voted opposite the name of the voter in the official register; and
562 (B) direct the voter to sign his name in the election column in the official register;
563 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
564 and
565 (iii) the poll worker having charge of the ballots shall:
566 (A) endorse his initials on the stub;
567 (B) check the name of the voter on the pollbook list with the number of the stub;
568 (C) hand the voter the ballot for the registered political party that the voter requested
569 and for which the voter is authorized to vote; and
570 (D) allow the voter to enter the voting booth; or
571 (b) if the ballot is an electronic ballot:
572 (i) the poll worker in charge of the official register shall direct the voter to sign the
573 voter's name in the official register;
574 (ii) another poll worker shall list the voter's name in the pollbook; and
575 (iii) the poll worker having charge of the ballots shall:
576 (A) provide the voter access to the electronic ballot for the registered political party
577 that the voter requested and for which the voter is authorized to vote; and
578 (B) allow the voter to vote the electronic ballot.
579 (4) Whenever the election officer is required to furnish more than one kind of official
580 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
581 voter the kind of ballot that the voter is qualified to vote.

Legislative Review Note
as of 1-19-08 4:38 PM

Office of Legislative Research and General Counsel