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First Substitute S.B. 210
Senator Mark B. Madsen proposes the following substitute bill:
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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 require verification of citizenship.
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Highlighted Provisions:
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This bill:
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. modifies definitions;
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. requires persons that are registering to vote in the state for the first time or that are
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changing their registration from another state to provide evidence, either at the time
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of registration or at the time or voting, that they are citizens of the United States;
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. provides that persons who are already registered to vote in the state of Utah need not
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provide proof of citizenship;
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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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. extends provisional voting to municipal elections, municipal primary elections, state
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special elections, local special elections, and bond elections;
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. modifies voter registration forms to reflect the new requirements;
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. modifies voting procedures 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-1-102, as last amended by Laws of Utah 2007, Chapters 75, 256, 285, and 329
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20A-2-102, as last amended by Laws of Utah 2003, Chapter 34
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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-3-104, as last amended by Laws of Utah 2006, Chapters 264 and 326
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20A-3-104.5, as last amended by Laws of Utah 2006, Chapters 15, 264, and 326
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20A-3-105.5, as last amended by Laws of Utah 2007, Chapter 75
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20A-3-305, as last amended by Laws of Utah 2006, Chapter 264
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20A-3-401, as last amended by Laws of Utah 2006, Chapter 264
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20A-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
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ENACTS:
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20A-2-110, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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20A-9-808, as last amended by Laws of Utah 2006, Chapters 264 and 326
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-1-102
is amended to read:
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20A-1-102. Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive
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voter by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines
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and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
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(3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
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which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
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secrecy envelopes.
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(4) "Ballot sheet":
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(a) means a ballot that:
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(i) consists of paper or a card where the voter's votes are marked or recorded; and
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(ii) can be counted using automatic tabulating equipment; and
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(b) includes punch card ballots, and other ballots that are machine-countable.
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(5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
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contain the names of offices and candidates and statements of ballot propositions to be voted
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on and which are used in conjunction with ballot sheets that do not display that information.
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(6) "Ballot proposition" means opinion questions specifically authorized by the
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Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
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that are submitted to the voters for their approval or rejection.
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(7) "Board of canvassers" means the entities established by Sections
20A-4-301
and
75
20A-4-306
to canvass election returns.
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(8) "Bond election" means an election held for the purpose of approving or rejecting
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the proposed issuance of bonds by a government entity.
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(9) "Book voter registration form" means voter registration forms contained in a bound
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book that are used by election officers and registration agents to register persons to vote.
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(10) "By-mail voter registration form" means a voter registration form designed to be
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completed by the voter and mailed to the election officer.
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(11) "Canvass" means the review of election returns and the official declaration of
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election results by the board of canvassers.
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(12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
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the canvass.
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(13) "Convention" means the political party convention at which party officers and
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delegates are selected.
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(14) "Counting center" means one or more locations selected by the election officer in
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charge of the election for the automatic counting of ballots.
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(15) "Counting judge" means a poll worker designated to count the ballots during
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election day.
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(16) "Counting poll watcher" means a person selected as provided in Section
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20A-3-201
to witness the counting of ballots.
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(17) "Counting room" means a suitable and convenient private place or room,
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immediately adjoining the place where the election is being held, for use by the poll workers
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and counting judges to count ballots during election day.
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(18) "County executive" has the meaning as provided in Subsection
68-3-12
(2).
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(19) "County legislative body" has the meaning as provided in Subsection
68-3-12
(2).
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(20) "County officers" means those county officers that are required by law to be
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elected.
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(21) "Election" means a regular general election, a municipal general election, a
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statewide special election, a local special election, a regular primary election, a municipal
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primary election, and a local district election.
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(22) "Election Assistance Commission" means the commission established by Public
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Law 107-252, the Help America Vote Act of 2002.
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(23) "Election cycle" means the period beginning on the first day persons are eligible to
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file declarations of candidacy and ending when the canvass is completed.
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(24) "Election judge" means a poll worker that is assigned to:
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(a) preside over other poll workers at a polling place;
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(b) act as the presiding election judge; or
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(c) serve as a canvassing judge, counting judge, or receiving judge.
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(25) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots;
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(b) the county clerk or clerks for all county ballots and for certain ballots and elections
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as provided in Section
20A-5-400.5
;
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(c) the municipal clerk for all municipal ballots and for certain ballots and elections as
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provided in Section
20A-5-400.5
;
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(d) the local district clerk or chief executive officer for certain ballots and elections as
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provided in Section
20A-5-400.5
; and
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(e) the business administrator or superintendent of a school district for certain ballots
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or elections as provided in Section
20A-5-400.5
.
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(26) "Election official" means any election officer, election judge, or poll worker.
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(27) "Election results" means, for bond elections, the count of those votes cast for and
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against the bond proposition plus any or all of the election returns that the board of canvassers
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may request.
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(28) "Election returns" includes the pollbook, all affidavits of registration, the military
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and overseas absentee voter registration and voting certificates, one of the tally sheets, any
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unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
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spoiled ballots, the ballot disposition form, and the total votes cast form.
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(29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
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device or other voting device that records and stores ballot information by electronic means.
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(30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
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(b) "Electronic voting device" includes a direct recording electronic voting device.
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(31) "Inactive voter" means a registered voter who has been sent the notice required by
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Section
20A-2-306
and who has failed to respond to that notice.
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(32) "Inspecting poll watcher" means a person selected as provided in this title to
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witness the receipt and safe deposit of voted and counted ballots.
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(33) "Judicial office" means the office filled by any judicial officer.
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(34) "Judicial officer" means any justice or judge of a court of record or any county
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court judge.
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(35) "Local district" means a local government entity under Title 17B, Limited Purpose
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Local Government Entities - Local Districts, and includes a special service district under Title
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17A, Chapter 2, Part 13, Utah Special Service District Act.
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(36) "Local district officers" means those local district officers that are required by law
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to be elected.
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(37) "Local election" means a regular municipal election, a local special election, a
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local district election, and a bond election.
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(38) "Local political subdivision" means a county, a municipality, a local district, or a
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local school district.
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(39) "Local special election" means a special election called by the governing body of a
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local political subdivision in which all registered voters of the local political subdivision may
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vote.
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(40) "Municipal executive" means:
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(a) the city council or town council in the traditional management arrangement
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established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the mayor in the council-mayor optional form of government defined in Section
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10-3-101
; and
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(c) the manager in the council-manager optional form of government defined in
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Section
10-3-101
.
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(41) "Municipal general election" means the election held in municipalities and local
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districts on the first Tuesday after the first Monday in November of each odd-numbered year
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for the purposes established in Section
20A-1-202
.
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(42) "Municipal legislative body" means:
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(a) the city council or town council in the traditional management arrangement
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established by Title 10, Chapter 3, Part 1, Governing Body;
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(b) the municipal council in the council-mayor optional form of government defined in
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Section
10-3-101
; and
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(c) the municipal council in the council-manager optional form of government defined
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in Section
10-3-101
.
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(43) "Municipal officers" means those municipal officers that are required by law to be
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elected.
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(44) "Municipal primary election" means an election held to nominate candidates for
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municipal office.
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(45) "Official ballot" means the ballots distributed by the election officer to the poll
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workers to be given to voters to record their votes.
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(46) "Official endorsement" means:
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(a) the information on the ballot that identifies:
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(i) the ballot as an official ballot;
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(ii) the date of the election; and
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(iii) the facsimile signature of the election officer; and
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(b) the information on the ballot stub that identifies:
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(i) the poll worker's initials; and
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(ii) the ballot number.
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(47) "Official register" means the official record furnished to election officials by the
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election officer that contains the information required by Section
20A-5-401
.
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(48) "Paper ballot" means a paper that contains:
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(a) the names of offices and candidates and statements of ballot propositions to be
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voted on; and
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(b) spaces for the voter to record his vote for each office and for or against each ballot
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proposition.
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(49) "Political party" means an organization of registered voters that has qualified to
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participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
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Formation and Procedures.
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(50) (a) "Poll worker" means a person assigned by an election official to assist with an
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election, voting, or counting votes.
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(b) "Poll worker" includes election judges.
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(c) "Poll worker" does not include a watcher.
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(51) "Pollbook" means a record of the names of voters in the order that they appear to
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cast votes.
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(52) "Polling place" means the building where voting is conducted.
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(53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
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in which the voter marks his choice.
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(54) "Provisional ballot" means a ballot voted provisionally by a person:
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(a) whose name is not listed on the official register at the polling place;
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(b) whose legal right to vote is challenged as provided in this title; or
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(c) whose identity or citizenship was not sufficiently established by a poll worker in
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accordance with the requirements of this title.
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(55) "Provisional ballot envelope" means an envelope printed in the form required by
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Section
20A-6-105
that is used to identify provisional ballots and to provide information to
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verify a person's legal right to vote.
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(56) "Primary convention" means the political party conventions at which nominees for
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the regular primary election are selected.
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(57) "Protective counter" means a separate counter, which cannot be reset, that is built
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into a voting machine and records the total number of movements of the operating lever.
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(58) "Qualify" or "qualified" means to take the oath of office and begin performing the
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duties of the position for which the person was elected.
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(59) "Receiving judge" means the poll worker that checks the voter's name in the
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official register, provides the voter with a ballot, and removes the ballot stub from the ballot
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after the voter has voted.
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(60) "Registration form" means a book voter registration form and a by-mail voter
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registration form.
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(61) "Regular ballot" means a ballot that is not a provisional ballot.
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(62) "Regular general election" means the election held throughout the state on the first
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Tuesday after the first Monday in November of each even-numbered year for the purposes
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established in Section
20A-1-201
.
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(63) "Regular primary election" means the election on the fourth Tuesday of June of
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each even-numbered year, at which candidates of political parties and nonpolitical groups are
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voted for nomination.
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(64) "Resident" means a person who resides within a specific voting precinct in Utah.
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(65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
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and distributed as provided in Section
20A-5-405
.
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(66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
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punch the ballot for one or more candidates who are members of different political parties.
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(67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
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which the voter places the ballot after he has voted it in order to preserve the secrecy of the
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voter's vote.
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(68) "Special election" means an election held as authorized by Section
20A-1-204
.
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(69) "Spoiled ballot" means each ballot that:
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(a) is spoiled by the voter;
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(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
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(c) lacks the official endorsement.
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(70) "Statewide special election" means a special election called by the governor or the
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Legislature in which all registered voters in Utah may vote.
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(71) "Stub" means the detachable part of each ballot.
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(72) "Substitute ballots" means replacement ballots provided by an election officer to
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the poll workers when the official ballots are lost or stolen.
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(73) "Ticket" means each list of candidates for each political party or for each group of
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petitioners.
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(74) "Transfer case" means the sealed box used to transport voted ballots to the
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counting center.
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(75) "Vacancy" means the absence of a person to serve in any position created by
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statute, whether that absence occurs because of death, disability, disqualification, resignation,
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or other cause.
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(76) "Valid voter identification" means:
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(a) a form of identification that bears the name and photograph of the voter which may
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include:
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(i) a currently valid Utah driver license;
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(ii) a currently valid identification card that is issued by:
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(A) the state;
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(B) a local government within the state; or
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(C) a branch, department, or agency of the United States;
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(iii) an identification card that is issued by an employer for an employee;
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(iv) a currently valid identification card that is issued by a college, university, technical
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school, or professional school that is located within the state;
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(v) a currently valid Utah permit to carry a concealed weapon;
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(vi) a currently valid United States passport; or
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(vii) a valid tribal identification card; or
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(b) two forms of identification that bear the name of the voter and provide evidence
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that the voter resides in the voting precinct, which may include:
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(i) a voter identification card;
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(ii) a current utility bill or a legible copy thereof;
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(iii) a bank or other financial account statement, or a legible copy thereof;
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(iv) a certified birth certificate;
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(v) a valid Social Security card;
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(vi) a check issued by the state or the federal government or a legible copy thereof;
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(vii) a paycheck from the voter's employer, or a legible copy thereof;
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(viii) a currently valid Utah hunting or fishing license;
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(ix) a currently valid United States military identification card;
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(x) certified naturalization documentation;
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(xi) a currently valid license issued by an authorized agency of the United States;
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(xii) a certified copy of court records showing the voter's adoption or name change;
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(xiii) a Bureau of Indian Affairs card;
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(xiv) a tribal treaty card;
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(xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
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(xvi) a form of identification listed in Subsection (76)(a) that does not contain a
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photograph, but establishes the name of the voter and provides evidence that the voter resides
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in the voting precinct.
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(77) "Valid write-in candidate" means a candidate who has qualified as a write-in
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candidate by following the procedures and requirements of this title.
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(78) "Voter" means a person who meets the requirements for voting in an election,
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meets the requirements of election registration, is registered to vote, and is listed in the official
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register book.
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(79) "Voter registration deadline" means the registration deadline provided in Section
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20A-2-102.5
.
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(80) "Voting area" means the area within six feet of the voting booths, voting
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machines, and ballot box.
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(81) "Voting booth" means:
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(a) the space or compartment within a polling place that is provided for the preparation
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of ballots, including the voting machine enclosure or curtain; or
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(b) a voting device that is free standing.
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(82) "Voting device" means:
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(a) an apparatus in which ballot sheets are used in connection with a punch device for
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piercing the ballots by the voter;
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(b) a device for marking the ballots with ink or another substance;
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(c) an electronic voting device or other device used to make selections and cast a ballot
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electronically, or any component thereof;
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(d) an automated voting system under Section
20A-5-302
; or
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(e) any other method for recording votes on ballots so that the ballot may be tabulated
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by means of automatic tabulating equipment.
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(83) "Voting machine" means a machine designed for the sole purpose of recording
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and tabulating votes cast by voters at an election.
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(84) "Voting poll watcher" means a person appointed as provided in this title to
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witness the distribution of ballots and the voting process.
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(85) "Voting precinct" means the smallest voting unit established as provided by law
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within which qualified voters vote at one polling place.
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(86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
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poll watcher, and a testing watcher.
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(87) "Western States Presidential Primary" means the election established in Title 20A,
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Chapter 9, Part 8.
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(88) "Write-in ballot" means a ballot containing any write-in votes.
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(89) "Write-in vote" means a vote cast for a person whose name is not printed on the
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ballot according to the procedures established in this title.
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Section 2.
Section
20A-2-102
is amended to read:
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20A-2-102. Registration a prerequisite to voting.
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(1) Except as provided in Subsection (2), a person may not vote at any election unless
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that person is registered to vote as required by this chapter.
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(2) A person may vote a provisional ballot, as provided in Section
20A-2-307
, for[:] a
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bond election, or an election as defined in Section
20A-1-102
.
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[(a) a regular general election;]
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[(b) a regular primary election; or]
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[(c) an election for federal office.]
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Section 3.
Section
20A-2-104
is amended to read:
333
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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-----------------------------------------------------------------------------------------------------------------
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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____________________________
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
____________________________________________________________________________
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City County State Zip Code
356
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)
359
.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
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
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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
368
_______________(month/day/year).
369
CITIZENSHIP AFFIDAVIT
370
Name:
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Name at birth, if different:
372
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
376
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
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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