H.B. 95

1

CERTIFICATION OF VOTING EQUIPMENT
2 MODIFICATIONS
3 2010 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Douglas C. Aagard
6 Senate Sponsor: Jerry W. Stevenson
7
8 LONG TITLE
9 General Description:
10 This bill amends a provision relating to the certification of voting equipment.
11 Highlighted Provisions:
12 This bill:
13 . requires voting equipment to be certified by the United States Election Assistance
14 Commission; and
15 . makes technical changes.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill provides an immediate effective date.
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-5-402.5, as enacted by Laws of Utah 2002, Chapter 113
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 20A-5-402.5 is amended to read:
26 20A-5-402.5. Certification of voting equipment.
27 (1) As used in this section, "voting equipment" means automatic tabulating equipment,

28 electronic voting systems, voting devices, and voting machines.
29 (2) Each election officer shall ensure that:
30 (a) the voting equipment meets the [Federal] Voting Systems [Standards] Guidelines
31 established by the [Federal Election Commission] United States Election Assistance
32 Commission under 42 U.S.C. Sec. 15362;
33 (b) the voting equipment used by the election officer is certified to meet [those Federal
34 Voting Systems Standards by an Independent Testing Authority approved by the National
35 Association of State Election Directors] the guidelines described in Subsection (2)(a) by the
36 United States Election Assistance Commission; and
37 (c) the voting equipment is certified by the lieutenant governor [of Utah] as having met
38 the requirements of this section.
39 (3) The lieutenant governor[, as chief election officer,] shall ensure that all voting
40 equipment used [in Utah] complies with the requirements of this section.
41 Section 2. Effective date.
42 If approved by two-thirds of all the members elected to each house, this bill takes effect
43 upon approval by the governor, or the day following the constitutional time limit of Utah
44 Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto,
45 the date of veto override.




Legislative Review Note
as of 1-6-10 9:58 AM

Office of Legislative Research and General Counsel