First Substitute S.B. 210

Senator Mark B. Madsen proposes the following substitute bill:

1 PROOF OF CITIZENSHIP REQUIRED TO
2 VOTE
3 2008 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: Aaron Tilton
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to require verification of citizenship.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions;
14 . requires persons that are registering to vote in the state for the first time or that are
15 changing their registration from another state to provide evidence, either at the time
16 of registration or at the time or voting, that they are citizens of the United States;
17 . provides that persons who are already registered to vote in the state of Utah need not
18 provide proof of citizenship;
19 . provides a list of acceptable documentation for providing proof of citizenship;
20 . permits tribes to provide lists or documentation to assist county clerks as part of the
21 citizenship verification process;
22 . extends provisional voting to municipal elections, municipal primary elections, state
23 special elections, local special elections, and bond elections;
24 . modifies voter registration forms to reflect the new requirements;
25 . modifies voting procedures to reflect the new requirements; and

26 . makes technical changes.
27 Monies Appropriated in this Bill:
28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 20A-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
34 20A-2-102, as last amended by Laws of Utah 2003, Chapter 34
35 20A-2-104, as last amended by Laws of Utah 2007, Chapter 75
36 20A-2-108, as last amended by Laws of Utah 2004, Chapter 219
37 20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
38 20A-2-202, as last amended by Laws of Utah 2006, Chapters 264 and 326
39 20A-2-204, as last amended by Laws of Utah 2006, Chapters 264 and 326
40 20A-2-205, as last amended by Laws of Utah 2006, Chapters 264 and 326
41 20A-3-104, as last amended by Laws of Utah 2006, Chapters 264 and 326
42 20A-3-104.5, as last amended by Laws of Utah 2006, Chapters 15, 264, and 326
43 20A-3-105.5, as last amended by Laws of Utah 2007, Chapter 75
44 20A-3-305, as last amended by Laws of Utah 2006, Chapter 264
45 20A-3-401, as last amended by Laws of Utah 2006, Chapter 264
46 20A-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
47 ENACTS:
48 20A-2-110, Utah Code Annotated 1953
49 REPEALS AND REENACTS:
50 20A-9-808, as last amended by Laws of Utah 2006, Chapters 264 and 326
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 20A-1-102 is amended to read:
54 20A-1-102. Definitions.
55 As used in this title:
56 (1) "Active voter" means a registered voter who has not been classified as an inactive

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

88 (14) "Counting center" means one or more locations selected by the election officer in
89 charge of the election for the automatic counting of ballots.
90 (15) "Counting judge" means a poll worker designated to count the ballots during
91 election day.
92 (16) "Counting poll watcher" means a person selected as provided in Section
93 20A-3-201 to witness the counting of ballots.
94 (17) "Counting room" means a suitable and convenient private place or room,
95 immediately adjoining the place where the election is being held, for use by the poll workers
96 and counting judges to count ballots during election day.
97 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
98 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
99 (20) "County officers" means those county officers that are required by law to be
100 elected.
101 (21) "Election" means a regular general election, a municipal general election, a
102 statewide special election, a local special election, a regular primary election, a municipal
103 primary election, and a local district election.
104 (22) "Election Assistance Commission" means the commission established by Public
105 Law 107-252, the Help America Vote Act of 2002.
106 (23) "Election cycle" means the period beginning on the first day persons are eligible to
107 file declarations of candidacy and ending when the canvass is completed.
108 (24) "Election judge" means a poll worker that is assigned to:
109 (a) preside over other poll workers at a polling place;
110 (b) act as the presiding election judge; or
111 (c) serve as a canvassing judge, counting judge, or receiving judge.
112 (25) "Election officer" means:
113 (a) the lieutenant governor, for all statewide ballots;
114 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
115 as provided in Section 20A-5-400.5 ;
116 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
117 provided in Section 20A-5-400.5 ;
118 (d) the local district clerk or chief executive officer for certain ballots and elections as

119 provided in Section 20A-5-400.5 ; and
120 (e) the business administrator or superintendent of a school district for certain ballots
121 or elections as provided in Section 20A-5-400.5 .
122 (26) "Election official" means any election officer, election judge, or poll worker.
123 (27) "Election results" means, for bond elections, the count of those votes cast for and
124 against the bond proposition plus any or all of the election returns that the board of canvassers
125 may request.
126 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
127 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
128 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
129 spoiled ballots, the ballot disposition form, and the total votes cast form.
130 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
131 device or other voting device that records and stores ballot information by electronic means.
132 (30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
133 (b) "Electronic voting device" includes a direct recording electronic voting device.
134 (31) "Inactive voter" means a registered voter who has been sent the notice required by
135 Section 20A-2-306 and who has failed to respond to that notice.
136 (32) "Inspecting poll watcher" means a person selected as provided in this title to
137 witness the receipt and safe deposit of voted and counted ballots.
138 (33) "Judicial office" means the office filled by any judicial officer.
139 (34) "Judicial officer" means any justice or judge of a court of record or any county
140 court judge.
141 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
142 Local Government Entities - Local Districts, and includes a special service district under Title
143 17A, Chapter 2, Part 13, Utah Special Service District Act.
144 (36) "Local district officers" means those local district officers that are required by law
145 to be elected.
146 (37) "Local election" means a regular municipal election, a local special election, a
147 local district election, and a bond election.
148 (38) "Local political subdivision" means a county, a municipality, a local district, or a
149 local school district.

150 (39) "Local special election" means a special election called by the governing body of a
151 local political subdivision in which all registered voters of the local political subdivision may
152 vote.
153 (40) "Municipal executive" means:
154 (a) the city council or town council in the traditional management arrangement
155 established by Title 10, Chapter 3, Part 1, Governing Body;
156 (b) the mayor in the council-mayor optional form of government defined in Section
157 10-3-101 ; and
158 (c) the manager in the council-manager optional form of government defined in
159 Section 10-3-101 .
160 (41) "Municipal general election" means the election held in municipalities and local
161 districts on the first Tuesday after the first Monday in November of each odd-numbered year
162 for the purposes established in Section 20A-1-202 .
163 (42) "Municipal legislative body" means:
164 (a) the city council or town council in the traditional management arrangement
165 established by Title 10, Chapter 3, Part 1, Governing Body;
166 (b) the municipal council in the council-mayor optional form of government defined in
167 Section 10-3-101 ; and
168 (c) the municipal council in the council-manager optional form of government defined
169 in Section 10-3-101 .
170 (43) "Municipal officers" means those municipal officers that are required by law to be
171 elected.
172 (44) "Municipal primary election" means an election held to nominate candidates for
173 municipal office.
174 (45) "Official ballot" means the ballots distributed by the election officer to the poll
175 workers to be given to voters to record their votes.
176 (46) "Official endorsement" means:
177 (a) the information on the ballot that identifies:
178 (i) the ballot as an official ballot;
179 (ii) the date of the election; and
180 (iii) the facsimile signature of the election officer; and

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

212 the regular primary election are selected.
213 (57) "Protective counter" means a separate counter, which cannot be reset, that is built
214 into a voting machine and records the total number of movements of the operating lever.
215 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
216 duties of the position for which the person was elected.
217 (59) "Receiving judge" means the poll worker that checks the voter's name in the
218 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
219 after the voter has voted.
220 (60) "Registration form" means a book voter registration form and a by-mail voter
221 registration form.
222 (61) "Regular ballot" means a ballot that is not a provisional ballot.
223 (62) "Regular general election" means the election held throughout the state on the first
224 Tuesday after the first Monday in November of each even-numbered year for the purposes
225 established in Section 20A-1-201 .
226 (63) "Regular primary election" means the election on the fourth Tuesday of June of
227 each even-numbered year, at which candidates of political parties and nonpolitical groups are
228 voted for nomination.
229 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
230 (65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
231 and distributed as provided in Section 20A-5-405 .
232 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
233 punch the ballot for one or more candidates who are members of different political parties.
234 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
235 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
236 voter's vote.
237 (68) "Special election" means an election held as authorized by Section 20A-1-204 .
238 (69) "Spoiled ballot" means each ballot that:
239 (a) is spoiled by the voter;
240 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
241 (c) lacks the official endorsement.
242 (70) "Statewide special election" means a special election called by the governor or the

243 Legislature in which all registered voters in Utah may vote.
244 (71) "Stub" means the detachable part of each ballot.
245 (72) "Substitute ballots" means replacement ballots provided by an election officer to
246 the poll workers when the official ballots are lost or stolen.
247 (73) "Ticket" means each list of candidates for each political party or for each group of
248 petitioners.
249 (74) "Transfer case" means the sealed box used to transport voted ballots to the
250 counting center.
251 (75) "Vacancy" means the absence of a person to serve in any position created by
252 statute, whether that absence occurs because of death, disability, disqualification, resignation,
253 or other cause.
254 (76) "Valid voter identification" means:
255 (a) a form of identification that bears the name and photograph of the voter which may
256 include:
257 (i) a currently valid Utah driver license;
258 (ii) a currently valid identification card that is issued by:
259 (A) the state;
260 (B) a local government within the state; or
261 (C) a branch, department, or agency of the United States;
262 (iii) an identification card that is issued by an employer for an employee;
263 (iv) a currently valid identification card that is issued by a college, university, technical
264 school, or professional school that is located within the state;
265 (v) a currently valid Utah permit to carry a concealed weapon;
266 (vi) a currently valid United States passport; or
267 (vii) a valid tribal identification card; or
268 (b) two forms of identification that bear the name of the voter and provide evidence
269 that the voter resides in the voting precinct, which may include:
270 (i) a voter identification card;
271 (ii) a current utility bill or a legible copy thereof;
272 (iii) a bank or other financial account statement, or a legible copy thereof;
273 (iv) a certified birth certificate;

274 (v) a valid Social Security card;
275 (vi) a check issued by the state or the federal government or a legible copy thereof;
276 (vii) a paycheck from the voter's employer, or a legible copy thereof;
277 (viii) a currently valid Utah hunting or fishing license;
278 (ix) a currently valid United States military identification card;
279 (x) certified naturalization documentation;
280 (xi) a currently valid license issued by an authorized agency of the United States;
281 (xii) a certified copy of court records showing the voter's adoption or name change;
282 (xiii) a Bureau of Indian Affairs card;
283 (xiv) a tribal treaty card;
284 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
285 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
286 photograph, but establishes the name of the voter and provides evidence that the voter resides
287 in the voting precinct.
288 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
289 candidate by following the procedures and requirements of this title.
290 (78) "Voter" means a person who meets the requirements for voting in an election,
291 meets the requirements of election registration, is registered to vote, and is listed in the official
292 register book.
293 (79) "Voter registration deadline" means the registration deadline provided in Section
294 20A-2-102.5 .
295 (80) "Voting area" means the area within six feet of the voting booths, voting
296 machines, and ballot box.
297 (81) "Voting booth" means:
298 (a) the space or compartment within a polling place that is provided for the preparation
299 of ballots, including the voting machine enclosure or curtain; or
300 (b) a voting device that is free standing.
301 (82) "Voting device" means:
302 (a) an apparatus in which ballot sheets are used in connection with a punch device for
303 piercing the ballots by the voter;
304 (b) a device for marking the ballots with ink or another substance;

305 (c) an electronic voting device or other device used to make selections and cast a ballot
306 electronically, or any component thereof;
307 (d) an automated voting system under Section 20A-5-302 ; or
308 (e) any other method for recording votes on ballots so that the ballot may be tabulated
309 by means of automatic tabulating equipment.
310 (83) "Voting machine" means a machine designed for the sole purpose of recording
311 and tabulating votes cast by voters at an election.
312 (84) "Voting poll watcher" means a person appointed as provided in this title to
313 witness the distribution of ballots and the voting process.
314 (85) "Voting precinct" means the smallest voting unit established as provided by law
315 within which qualified voters vote at one polling place.
316 (86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
317 poll watcher, and a testing watcher.
318 (87) "Western States Presidential Primary" means the election established in Title 20A,
319 Chapter 9, Part 8.
320 (88) "Write-in ballot" means a ballot containing any write-in votes.
321 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
322 ballot according to the procedures established in this title.
323 Section 2. Section 20A-2-102 is amended to read:
324 20A-2-102. Registration a prerequisite to voting.
325 (1) Except as provided in Subsection (2), a person may not vote at any election unless
326 that person is registered to vote as required by this chapter.
327 (2) A person may vote a provisional ballot, as provided in Section 20A-2-307 , for[:] a
328 bond election, or an election as defined in Section 20A-1-102 .
329 [(a) a regular general election;]
330 [(b) a regular primary election; or]
331 [(c) an election for federal office.]
332 Section 3. Section 20A-2-104 is amended to read:
333 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
334 (1) Every person applying to be registered shall complete a registration form printed in
335 substantially the following form:

336 -----------------------------------------------------------------------------------------------------------------
337 UTAH ELECTION REGISTRATION FORM
338 Are you a citizen of the United States of America? Yes No
339 Will you be at least 18 years old on or before election day? Yes No
340 If you checked "no" to either of the above two questions, do not complete this form.
341 Name of Voter
342 _________________________________________________________________
343 First Middle Last
344 Driver License or Identification Card Number____________________________
345 State of issuance of Driver License or Identification Card
346 Date of Birth ______________________________________________________
347 Street Address of Principal Place of Residence
348 ____________________________________________________________________________
349 City County State Zip Code
350 Telephone Number (optional) _________________________
351 Last four digits of Social Security Number ______________________
352 Last former address at which I was registered to vote (if
353 known)__________________________
354 ____________________________________________________________________________
355 City County State Zip Code
356 Political Party
357 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
358 the lieutenant governor under Section 67-1a-2 , with each party's name preceded by a checkbox)
359 .Unaffiliated (no political party preference) .Other (Please specify)___________________
360 I do swear (or affirm), subject to penalty of law for false statements, that the
361 information contained in this form is true, and that I am a citizen of the United States and a
362 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
363 will have resided in Utah for 30 days immediately before the next election. I am not a
364 convicted felon currently incarcerated for commission of a felony.
365 Signed and sworn
366 __________________________________________________________

367 Voter's Signature
368 _______________(month/day/year).
369 CITIZENSHIP AFFIDAVIT
370 Name:
371 Name at birth, if different:
372 Place of birth:
373 Date of birth:
374 Date and place of naturalization (if applicable):
375 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
376 citizen and that to the best of my knowledge and belief the information above is true and
377 correct.
378 ____________________________
379 Signature of Applicant
380 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
381 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
382 up to one year in jail and a fine of up to $2,500.
383 NOTICE: IF YOU ARE REGISTERING TO VOTE IN THIS STATE FOR THE FIRST
384 TIME OR IF YOU ARE CHANGING YOUR VOTER REGISTRATION FROM ANOTHER
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