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S.B. 210
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PROOF OF CITIZENSHIP REQUIRED TO
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VOTE
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2008 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Mark B. Madsen
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House Sponsor:
Aaron Tilton
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LONG TITLE
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General Description:
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This bill modifies the Election Code to modify identification procedures for voter
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registration.
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Highlighted Provisions:
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This bill:
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. requires persons registering to vote to provide evidence that they are citizens of the
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United States;
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. provides that persons who are already registered to vote need not provide proof of
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citizenship unless they are changing their registration from another state to Utah;
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. provides a list of acceptable documentation for providing proof of citizenship;
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. permits tribes to provide lists or documentation to assist county clerks as part of the
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citizenship verification process;
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. modifies voter registration forms to reflect the new requirements; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-2-104, as last amended by Laws of Utah 2007, Chapter 75
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20A-2-108, as last amended by Laws of Utah 2004, Chapter 219
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20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
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20A-2-202, as last amended by Laws of Utah 2006, Chapters 264 and 326
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20A-2-204, as last amended by Laws of Utah 2006, Chapters 264 and 326
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20A-2-205, as last amended by Laws of Utah 2006, Chapters 264 and 326
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20A-3-401, as last amended by Laws of Utah 2006, Chapter 264
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ENACTS:
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20A-2-110, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-2-104
is amended to read:
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20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
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(1) Every person applying to be registered shall complete a registration form printed in
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substantially the following form:
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UTAH ELECTION REGISTRATION FORM
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Are you a citizen of the United States of America? Yes No
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Will you be at least 18 years old on or before election day? Yes No
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If you checked "no" to either of the above two questions, do not complete this form.
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Name of Voter
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_________________________________________________________________
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First Middle Last
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Driver License or Identification Card Number____________________________
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State of issuance of Driver License or Identification Card
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Date of Birth ______________________________________________________
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Street Address of Principal Place of Residence
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____________________________________________________________________________
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City County State Zip Code
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Telephone Number (optional) _________________________
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Last four digits of Social Security Number ______________________
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Last former address at which I was registered to vote (if
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known)__________________________
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____________________________________________________________________________
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City County State Zip Code
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Political Party
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(a listing of each registered political party, as defined in Section
20A-8-101
and maintained by
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the lieutenant governor under Section
67-1a-2
, with each party's name preceded by a checkbox)
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.Unaffiliated (no political party preference) .Other (Please specify)___________________
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I do swear (or affirm), subject to penalty of law for false statements, that the
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information contained in this form is true, and that I am a citizen of the United States and a
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resident of the state of Utah, residing at the above address. I will be at least 18 years old and
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will have resided in Utah for 30 days immediately before the next election. I am not a
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convicted felon currently incarcerated for commission of a felony.
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Signed and sworn
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__________________________________________________________
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Voter's Signature
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_______________(month/day/year).
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CITIZENSHIP AFFIDAVIT
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Name:
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Name at birth, if different:
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Place of birth:
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Date of birth:
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Date and place of naturalization (if applicable):
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I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
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citizen and that to the best of my knowledge and belief the information above is true and
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correct.
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____________________________
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Signature of Applicant
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In accordance with Section
20A-2-401
, the penalty for willfully causing, procuring, or
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allowing yourself to be registered to vote if you know you are not entitled to register to vote is
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up to one year in jail and a fine of up to $2,500.
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NOTICE: IF YOU ARE REGISTERING TO VOTE IN THIS STATE FOR THE FIRST
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TIME OR IF YOU ARE CHANGING YOUR VOTER REGISTRATION FROM ANOTHER
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STATE, YOU MUST INCLUDE A LEGIBLE COPY OF ONE OF THE FOLLOWING WITH
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YOUR APPLICATION AS EVIDENCE OF UNITED STATES CITIZENSHIP:
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(A) YOUR UTAH DRIVER LICENSE, IF IT WAS ISSUED OR RENEWED ON OR
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AFTER JULY 1, 2005;
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(B) YOUR BIRTH CERTIFICATE;
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(C) YOUR UNITED STATES PASSPORT SHOWING YOUR NAME AND
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PASSPORT NUMBER;
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(D) YOUR UNITED STATES NATURALIZATION DOCUMENTS, AS
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PERMITTED BY FEDERAL LAW, SHOWING YOUR NAME AND THE NUMBER OF
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THE CERTIFICATE OF NATURALIZATION;
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(E) A DOCUMENT ESTABLISHED AS PROOF OF CITIZENSHIP UNDER THE
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IMMIGRATION REFORM AND CONTROL ACT OF 1968;
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(F) YOUR BUREAU OF INDIAN AFFAIRS CARD OR CERTIFICATION OF
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INDIAN BLOOD;
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(G) YOUR TRIBAL ENROLLMENT CARD, TRIBAL ENROLLMENT
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DOCUMENTATION, TRIBAL ENROLLMENT NUMBER, OR OTHER
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DOCUMENTATION CERTIFYING THAT YOU ARE LISTED ON A TRIBAL
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ENROLLMENT LIST; OR
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(H) OTHER DOCUMENTATION ESTABLISHING THAT YOU ARE A MEMBER
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OF A FEDERALLY RECOGNIZED INDIAN TRIBE OR BAND, ALASKAN NATIVE
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VILLAGE, OR OTHER TRIBE RECOGNIZED BY FEDERAL LAW OR FORMALLY
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ACKNOWLEDGED BY A STATE.
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IN ORDER TO BE ALLOWED TO VOTE IN A VOTING PRECINCT FOR THE FIRST
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TIME OR TO VOTE DURING THE EARLY VOTING PERIOD BEFORE THE DATE OF
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THE ELECTION, YOU MUST PRESENT VALID VOTER IDENTIFICATION TO THE
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POLL WORKER BEFORE VOTING AS FOLLOWS:
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(1) A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME,
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PHOTOGRAPH, AND CURRENT ADDRESS; OR
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(2) TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
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CURRENT ADDRESS.
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FOR OFFICIAL USE ONLY
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Type of I.D. ____________________________
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Voting Precinct _________________________
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Voting I.D. Number _____________________
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(2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
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which may be electronic or some other recognized system.
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(3) (a) Each county clerk shall retain lists of currently registered voters.
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(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
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(c) If there are any discrepancies between the two lists, the county clerk's list is the
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official list.
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(d) The lieutenant governor and the county clerks may charge the fees established
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under the authority of Subsection
63-2-203
(10) to individuals who wish to obtain a copy of the
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list of registered voters.
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(4) When political parties not listed on the voter registration form qualify as registered
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political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
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lieutenant governor shall inform the county clerks about the name of the new political party
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and direct the county clerks to ensure that the voter registration form is modified to include that
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political party.
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(5) Upon receipt of a voter registration form from an applicant, the county clerk or the
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clerk's designee shall:
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(a) review each voter registration form for completeness and accuracy; and
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(b) if the county clerk believes, based upon a review of the form, that a person may be
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seeking to register to vote who is not legally entitled to register to vote, refer the form to the
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county attorney for investigation and possible prosecution.
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Section 2.
Section
20A-2-108
is amended to read:
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20A-2-108. Driver license registration form -- Transmittal of information.
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(1) The lieutenant governor and the Driver License Division shall design the driver
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license application and renewal forms to include the question "if you are not registered to vote
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where you live now, would you like to register to vote today?"
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(2) (a) The lieutenant governor and the Driver License Division shall design a motor
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voter registration form to be used in conjunction with driver license application and renewal
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forms.
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(b) Each driver license application and renewal form shall contain:
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(i) a place for the applicant to decline to register to vote;
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(ii) an eligibility statement in substantially the following form:
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"I do swear (or affirm), subject to penalty of law for false statements, that the
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information contained in this form is true, and that I am a citizen of the United States and a
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resident of the state of Utah, residing at the above address. I will be at least 18 years old and
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will have resided in Utah for 30 days immediately before the next election.
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Signed and sworn
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____________________________________________________
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Voter's Signature
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__________(month\day\year)";
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(iii) a citizenship affidavit in substantially the following form:
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"CITIZENSHIP AFFIDAVIT
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Name:
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Name at birth, if different:
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Place of birth:
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Date of birth:
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Date and place of naturalization (if applicable):
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I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
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citizen and that to the best of my knowledge and belief the information above is true and
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correct.
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____________________________
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Signature of Applicant
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In accordance with Section
20A-2-401
, the penalty for willfully causing, procuring, or
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allowing yourself to be registered to vote if you know you are not entitled to register to vote is
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up to one year in jail and a fine of up to $2,500";
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(iv) a statement that if an applicant declines to register to vote, the fact that the
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applicant has declined to register will remain confidential and will be used only for voter
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registration purposes; [and]
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(v) a statement that if an applicant does register to vote, the office at which the
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applicant submits a voter registration application will remain confidential and will be used only
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for voter registration purposes[.]; and
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(vi) the information required on the form under Section
20A-2-104
, provided that the
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voter application portion of the driver license application does not require the applicant to
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duplicate information provided in the driver license portion of the form.
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(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
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clerk's designee shall:
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(a) review the voter registration form for completeness and accuracy; and
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(b) if the county clerk believes, based upon a review of the form, that a person may be
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seeking to register to vote who is not legally entitled to register to vote, refer the form to the
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county attorney for investigation and possible prosecution.
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Section 3.
Section
20A-2-110
is enacted to read:
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20A-2-110. Review of voter registration applications -- Evidence of citizenship,
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age, and residence.
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(1) As used in this section, "tribe" means an Indian tribe, or band, or Alaskan Native
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Village which is recognized by federal law or formally acknowledged by a state.
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(2) Before registering an applicant to vote, the county clerk shall determine that each
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applicant:
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(a) has provided the required information on the voter registration form;
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(b) has signed the voter registration form;
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(c) has provided evidence of citizenship, which shall consist of presentation of one of
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the following, or a legible copy of one of the following:
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(i) subject to the requirements of Subsection (3), the applicant's Utah driver license, if
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the license was issued on or after July 1, 2005;
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(ii) the applicant's birth certificate showing that the applicant was born in the United
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States;
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(iii) the applicant's United States passport showing the applicant's name and the
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passport number;
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(iv) the applicant's United States naturalization documents showing that the applicant
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is a citizen of the United States;
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(v) subject to the requirements of Subsection (5), the number of the applicant's
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certificate of naturalization;
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(vi) other documents or methods of proof of citizenship that are established by the
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Immigration Reform and Control Act of 1986, Pub. L. No. 99-603;
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(vii) the applicant's Bureau of Indian Affairs card or Bureau of Indian Affairs
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certification of Indian blood;
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(viii) the applicant's tribal enrollment card, tribal enrollment documentation, tribal
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enrollment number, or other documentation certifying that the applicant is listed on a tribal
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enrollment list; or
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(ix) other documentation establishing that the applicant is a member of a tribe;
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(d) has signed a statement certifying that the applicant will have resided in Utah for 30
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days immediately before the next election;
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(e) has provided birth date information showing that the applicant will be at least 18
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years old on the date of the election; and
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(f) has provided address information showing that the applicant is a resident of the
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county where the applicant has submitted the applicant's registration form.
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(3) Notwithstanding Subsections (2)(a) and (c), any person who is registered to vote in
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this state as of May 5, 2008, shall not be required to provide evidence of citizenship, unless that
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person is changing the person's voter registration from another state to this state.
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(4) The county clerk may not accept a driving privilege card issued under Section
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53-3-207
as valid identification for evidence of citizenship.
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(5) If an applicant provides the number of the applicant's certificate of naturalization as
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evidence of citizenship under Subsection (2)(c)(v), the county clerk may not register the
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applicant to vote until the county clerk is able to verify the number of the certificate with the
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United States Citizenship and Immigration Services.
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(6) A tribe may provide lists or other documentation to assist the county clerk in
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meeting the county clerk's obligations under this section.
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Section 4.
Section
20A-2-201
is amended to read:
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20A-2-201. Registering to vote at office of county clerk.
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(1) Except as provided in Subsection (3), the county clerk shall register to vote all
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persons who present themselves for registration at the county clerk's office during designated
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office hours if those persons[,]:
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(a) on voting day, will be legally qualified and entitled to vote in a voting precinct in
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the county[.]; and
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(b) meet the requirements of Section
20A-2-110
.
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(2) If a registration form is submitted in person at the office of the county clerk during
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the period beginning on the date after the voter registration deadline and ending on the date that
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is 15 calendar days before the date of the election, the county clerk shall:
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(a) accept registration forms from all persons who present themselves for registration at
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the clerk's office during designated office hours if those persons[,]:
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(i) on voting day, will be legally qualified and entitled to vote in a voting precinct in
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the county; and
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(ii) meet the requirements of Section
20A-2-110
; and
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(b) inform them that:
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(i) they will be registered to vote in the pending election; and
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(ii) for the pending election, they must vote on the day of the election and will not be
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eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
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registered too late.
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(3) [Except as provided in Subsection (3), if] If a registration form is submitted to the
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county clerk
on the date of the election or during the 14 calendar days before an election, the
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county clerk shall:
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(a) accept registration forms from all persons who present themselves for registration at
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the clerk's office during designated office hours if those persons[,]:
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(i) on voting day, will be legally qualified and entitled to vote in a voting precinct in
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the county; and
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(ii) meet the requirements of Section
20A-2-110
; and
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(b) inform them that they will be registered to vote but may not vote in the pending
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election because they registered too late.
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Section 5.
Section
20A-2-202
is amended to read:
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20A-2-202. Registration by mail.
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(1) (a) A citizen who will be qualified to vote at the next election may register by mail.
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(b) To register by mail, a citizen shall complete and sign the by-mail registration form
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and mail or deliver it to the county clerk of the county in which the citizen resides.
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(c) (i) In order to register to vote in a particular election, the citizen shall:
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(A) address the by-mail voter registration form to the county clerk; and
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(B) ensure that it is postmarked on or before the voter registration deadline.
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(ii) The citizen shall provide evidence of citizenship by submitting a copy of
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documentation required under Section
20A-2-110
with the by-mail voter registration form if
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the citizen is:
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(A) registering to vote for the first time; or
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(B) is changing the citizen's voter registration from another state.
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[(ii)] (iii) If the voter is registering for the first time in the county, the citizen shall
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either:
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(A) submit a copy of the voter's valid voter identification with the by-mail voter
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registration form; or
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(B) submit valid voter identification to the poll worker at the time the citizen votes.
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(d) The citizen has effectively registered to vote under this section only when:
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(i) the county clerk's office has received a correctly completed by-mail voter
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registration form[.]; and
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(ii) the county clerk has determined that the citizen has met the requirements of Section
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20A-2-110
.
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(2) Upon receipt of a correctly completed by-mail voter registration form and
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documentation that meets the requirements of Section
20A-2-110
, the county clerk shall:
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(a) enter the applicant's name on the list of registered voters for the voting precinct in
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which the applicant resides; and
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(b) mail confirmation of registration to the newly registered voter after entering the
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applicant's voting precinct number on that copy.
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(3) (a) If the county clerk receives a correctly completed by-mail voter registration
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form that is postmarked after the voter registration deadline and documentation that meets the
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requirements of Section
20A-2-110
, the county clerk shall:
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(i) register the applicant after the next election; and
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(ii) if possible, promptly phone or mail a notice to the applicant before the election,
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informing the applicant that his registration will not be effective until after the election.
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(b) When the county clerk receives, at least seven days before an election, a correctly
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completed by-mail voter registration form [at least seven days before an election that is
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postmarked on or before the date of the voter registration deadline] that is postmarked on or
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before the date of the voter registration deadline and documentation that meets the
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requirements of Section
20A-2-110
, the county clerk shall:
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(i) process the by-mail voter registration form; and
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(ii) record the new voter in the official register.
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(4) If the county clerk determines that a registration form received by mail or otherwise
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is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
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the person attempting to register, informing him that he has not been registered because of an
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error or because the form is incomplete.
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Section 6.
Section
20A-2-204
is amended to read:
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20A-2-204. Registering to vote when applying for or renewing a driver license.
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(1) As used in this section, "voter registration form" means the driver license
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application/voter registration form and the driver license renewal/voter registration form
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required by Section
20A-2-108
.
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(2) Any citizen who is qualified to vote may register to vote by completing the voter
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registration form.
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(3) The Driver License Division shall:
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(a) assist applicants in completing the voter registration form unless the applicant
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refuses assistance;
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(b) accept completed forms for transmittal to the appropriate election official;
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(c) transmit a copy of each voter registration form to the appropriate election official
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within five days after it is received by the division;
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(d) transmit each address change within five days after it is received by the division;
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and
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(e) transmit electronically to the lieutenant governor's office the name, address, birth
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date, and driver license number of each person who answers "yes" to the question on the driver
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license form about registering to vote.
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(4) Upon receipt of a correctly completed voter registration form and documentation
339
that meets the requirements of Section
20A-2-110
, the county clerk shall:
340
(a) enter the applicant's name on the list of registered voters for the voting precinct in
341
which the applicant resides; and
342
(b) notify the applicant of registration.
343
(5) (a) If the county clerk receives a correctly completed voter registration form that is
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dated after the voter registration deadline and documentation that meets the requirements of
345
Section
20A-2-110
, the county clerk shall:
346
(i) register the applicant after the next election; and
347
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
348
informing the applicant that his registration will not be effective until after the election.
349
(b) When the county clerk receives, at least seven days before an election, a correctly
350
completed voter registration form [at least seven days before an election] that is dated on or
351
before the voter registration deadline and documentation that meets the requirements of Section
352
20A-2-110
, the county clerk shall:
353
(i) process the voter registration form; and
354
(ii) record the new voter in the official register.
355
(6) If the county clerk determines that a voter registration form received from the
356
Driver License Division is incorrect because of an error or because it is incomplete, the county
357
clerk shall mail notice to the person attempting to register, informing him that he has not been
358
registered because of an error or because the form is incomplete.
359
Section 7.
Section
20A-2-205
is amended to read:
360
20A-2-205. Registration at voter registration agencies.
361
(1) As used in this section:
362
(a) "Discretionary voter registration agency" means each office designated by the
363
county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
364
by-mail voter registration forms to the public.
365
(b) "Public assistance agency" means each office in Utah that provides:
366
(i) public assistance; or
367
(ii) state funded programs primarily engaged in providing services to people with
368
disabilities.
369
(2) Any person may obtain and complete a by-mail registration form at a public
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assistance agency or discretionary voter registration agency.
371
(3) Each public assistance agency and discretionary voter registration agency shall
372
provide, either as part of existing forms or on a separate form, the following information in
373
substantially the following form:
374
"REGISTERING TO VOTE
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If you are not registered to vote where you live now, would you like to apply to register
376
to vote here today? (Applying to register to vote or declining to register to vote will not affect
377
the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
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DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
379
NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
380
voter registration application form, we will help you. The decision about whether or not to
381
seek or accept help is yours. You may fill out the application form in private. If you believe
382
that someone has interfered with your right to register or to decline to register to vote, your
383
right to privacy in deciding whether or not to register, or in applying to register to vote, or your
384
right to choose your own political party or other political preference, you may file a complaint
385
with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
386
84114. (801) 538-1040."
387
(4) Unless a person applying for service or assistance from a public assistance agency
388
or discretionary voter registration agency declines, in writing, to register to vote, each public
389
assistance agency and discretionary voter registration agency shall:
390
(a) distribute a by-mail voter registration form with each application for service or
391
assistance provided by the agency or office;
392
(b) assist applicants in completing the voter registration form unless the applicant
393
refuses assistance;
394
(c) accept completed forms and copies of documentation provided as evidence of
395
citizenship for transmittal to the appropriate election official; and
396
(d) transmit a copy of each voter registration form and evidence of citizenship to the
397
appropriate election official within five days after it is received by the division.
398
(5) A person in a public assistance agency or a discretionary voter registration agency
399
that helps a person complete the voter registration form may not:
400
(a) seek to influence an applicant's political preference or party registration;
401
(b) display any political preference or party allegiance;
402
(c) make any statement to an applicant or take any action that has the purpose or effect
403
of discouraging the applicant from registering to vote; or
404
(d) make any statement to an applicant or take any action that has the purpose or effect
405
of leading the applicant to believe that a decision to register or not to register has any bearing
406
upon the availability of services or benefits.
407
(6) Upon receipt of a correctly completed voter registration form and documentation
408
that meets the requirements of Section
20A-2-110
, the county clerk shall:
409
(a) enter the applicant's name on the list of registered voters for the voting precinct in
410
which the applicant resides; and
411
(b) notify the applicant of registration.
412
(7) (a) If the county clerk receives a correctly completed voter registration form that is
413
dated after the voter registration deadline and documentation that meets the requirements of
414
Section
20A-2-110
, the county clerk shall:
415
(i) register the applicant after the next election; and
416
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
417
informing the applicant that his registration will not be effective until after the election.
418
(b) When the county clerk receives, at least seven days before an election, a correctly
419
completed voter registration form [at least seven days before an election] that is dated on or
420
before the voter registration deadline and documentation that meets the requirements of Section
421
20A-2-110
, the county clerk shall:
422
(i) process the voter registration form; and
423
(ii) record the new voter in the official register.
424
(8) If the county clerk determines that a voter registration form received from a public
425
assistance agency or discretionary voter registration agency is incorrect because of an error or
426
because it is incomplete, the county clerk shall mail notice to the person attempting to register,
427
informing him that he has not been registered because of an error or because the form is
428
incomplete.
429
Section 8.
Section
20A-3-401
is amended to read:
430
20A-3-401. Intent and purpose of part.
431
(1) Each election officer, election official, and judge shall liberally interpret and apply
432
this part to:
433
(a) make it possible for Utah voters living or serving abroad to vote in county, state,
434
and national elections during their absence;
435
(b) enable these voters to register more conveniently;
436
(c) conform to 42 U.S.C. 1973ff, Uniformed and Overseas Citizens Absentee Voting
437
Act; and
438
(d) in accordance with Public Law 107-252, the Help America Vote Act of 2002,
439
exempt overseas and military voters from:
440
(i) the identification requirements of Section
20A-3-308
[.]; and
441
(ii) the evidence of citizenship requirements of Section
20A-2-110
.
442
(2) The state selective service, all military organizations, and citizens and officers of
443
Utah or of the respective counties and municipalities of the state shall cooperate with the
444
election and party officers in carrying out the intent and purpose of this part.
445
(3) All state and county officers of Utah shall:
446
(a) do all things and perform all acts necessary to put into effect the provisions of any
447
Act of Congress or this state allowing uniformed and overseas citizen voters to vote; and
448
(b) permit the use of any official ballot authorized by any Act of Congress and this part
449
as a ballot supplementary to the official Utah election military ballot.
450
(4) Each provision of this part prevails over any inconsistent provision of any other
451
statute or any part of any statute.
Legislative Review Note
as of 2-12-08 11:52 AM