H.B. 368

1

ELECTION DAY VOTING CENTERS
2 2010 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Rebecca Chavez-Houck
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by allowing an election officer to provide election
10 day voting centers under certain circumstances.
11 Highlighted Provisions:
12 This bill:
13 . defines election day voting center;
14 . allows an election officer to designate one or more election day voting centers for
15 voters who reside within the local political subdivision holding an election;
16 . authorizes a voter to use a regular ballot if the voter resides within the voting
17 precinct designated to vote at the election day voting center;
18 . requires a voter to use a provisional ballot if the election day voting center is not
19 designated for the voter's precinct;
20 . requires that voting at an election day voting center be administered in accordance
21 with the Election Code;
22 . provides requirements for election day voting center locations;
23 . requires notice of an election day voting center location before election day; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:
26 None
27 Other Special Clauses:

28 None
29 Utah Code Sections Affected:
30 AMENDS:
31 20A-4-107, as last amended by Laws of Utah 2009, Chapters 45 and 202
32 20A-5-101, as last amended by Laws of Utah 2009, Chapter 388
33 ENACTS:
34 20A-3-701, Utah Code Annotated 1953
35 20A-3-702, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-3-701 is enacted to read:
39 Part 7. Election Day Voting Centers
40 20A-3-701. Election day voting centers -- Hours of operations -- Open to eligible
41 voters -- Compliance with election code.
42 (1) As used in this section, "election day voting center" means a polling place
43 designated by an election officer to provide for voting on election day for a person who:
44 (a) is eligible to vote; and
45 (b) resides within the local political subdivision administering the election.
46 (2) An election officer may provide an election day voting center in one or more
47 locations designated under Section 20A-3-702 .
48 (3) An election officer shall provide for voting at an election day voting center by:
49 (a) regular ballot if the voter:
50 (i) resides within a voting precinct designated to vote at the election day voting center;
51 and
52 (ii) is eligible to vote using a regular ballot in accordance with this title; or
53 (b) provisional ballot if the voter:
54 (i) does not reside within a voting precinct designated to vote at the election day voting
55 center; or
56 (ii) is only eligible to vote using a provisional ballot in accordance with this title.
57 (4) An election officer shall ensure that an election day voting center:
58 (a) is open on election day during the time period specified under Section 20A-1-302 ;

59 (b) allows an eligible voter to vote if the voter:
60 (i) resides within the local political subdivision holding an election; and
61 (ii) arrives at the election day voting center by the designated closing time in
62 accordance with Section 20A-1-302 ; and
63 (c) is administered according to the requirements of this title.
64 Section 2. Section 20A-3-702 is enacted to read:
65 20A-3-702. Election day voting centers as polling places -- Location.
66 (1) The election officer shall designate one or more polling places as an election day
67 voting center, provided that:
68 (a) a polling place meets the requirements for polling places under Chapter 5, Election
69 Administration; and
70 (b) a polling place is located in a government building or office, unless the election
71 officer determines that there is no government building or office available, in the area
72 designated by the election officer, that:
73 (i) can be scheduled for use during election day voting hours;
74 (ii) has the physical facilities necessary to accommodate election day voting
75 requirements;
76 (iii) has adequate space for voting equipment, poll workers, and voters; and
77 (iv) has adequate security, public accessibility, and parking.
78 (2) If the election officer designates more than one election day voting center, the
79 election officer shall ensure that the election day voting centers are distributed based on
80 population within the local political subdivision.
81 Section 3. Section 20A-4-107 is amended to read:
82 20A-4-107. Review and disposition of provisional ballot envelopes.
83 (1) As used in this section, a voter is "legally entitled to vote" if:
84 (a) the voter:
85 (i) is registered to vote in the state;
86 (ii) (A) resides within the voting precinct where the voter seeks to vote; [and] or
87 (B) resides within the local political subdivision holding the election if the polling
88 place is:
89 (I) for early voting; or

90 (II) an election day voting center; and
91 (iii) provided valid voter identification to the poll worker as indicated by a notation in
92 the official register;
93 (b) the voter:
94 (i) is registered to vote in the state;
95 (ii) (A) provided valid voter identification to the poll worker as indicated by a notation
96 in the official register; or
97 (B) either failed to provide valid voter identification or the documents provided as
98 valid voter identification were inadequate and the poll worker recorded that fact in the official
99 register but the county clerk verifies the voter's identity and residence through some other
100 means; and
101 (iii) did not vote in the voter's precinct of residence, but the ballot that the voter voted
102 is identical to the ballot voted in the voter's precinct of residence; or
103 (c) the voter:
104 (i) is registered to vote in the state;
105 (ii) either failed to provide valid voter identification or the documents provided as
106 valid voter identification were inadequate and the poll worker recorded that fact in the official
107 register; and
108 (iii) (A) the county clerk verifies the voter's identity and residence through some other
109 means as reliable as photo identification; or
110 (B) the voter provides valid voter identification to the county clerk within five business
111 days after the date of the election.
112 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
113 the affirmation on the face of each provisional ballot envelope and determine if the person
114 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
115 voted.
116 (b) If the election officer determines that the person is not a registered voter or is not
117 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
118 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
119 produce or count it.
120 (c) If the election officer determines that the person is a registered voter and is legally

121 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
122 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
123 those ballots at the canvass.
124 (d) The election officer may not count, or allow to be counted a provisional ballot
125 unless the voter's identity and residence is established by a preponderance of the evidence.
126 (3) If the election officer determines that the person is a registered voter, the election
127 officer shall ensure that the voter registration records are updated to reflect the information
128 provided on the provisional ballot envelope.
129 (4) If the election officer determines that the person is not a registered voter and the
130 information on the provisional ballot envelope is complete, the election officer shall:
131 (a) consider the provisional ballot envelope a voter registration form; and
132 (b) register the voter.
133 Section 4. Section 20A-5-101 is amended to read:
134 20A-5-101. Notice of election.
135 (1) On or before February 1 in each regular general election year, the lieutenant
136 governor shall prepare and transmit a written notice to each county clerk that:
137 (a) designates the offices to be filled at the regular general election;
138 (b) identifies the dates for filing a declaration of candidacy for those offices; and
139 (c) contains a description of any ballot propositions to be decided by the voters that
140 have qualified for the ballot as of that date.
141 (2) (a) No later than February 15, each county clerk shall:
142 (i) publish a notice:
143 (A) once in a newspaper published in that county; and
144 (B) as required in Section 45-1-101 ; or
145 (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
146 give notice of the election to the voters in each voting precinct within the county; and
147 (B) prepare an affidavit of that posting, showing a copy of the notice and the places
148 where the notice was posted.
149 (b) The notice required by Subsection (2)(a) shall:
150 (i) designate the offices to be voted on in that election in that county, other than local
151 district offices; and

152 (ii) identify the dates for filing a declaration of candidacy for those offices.
153 (3) Before each election, the election officer shall give written or printed notice of:
154 (a) the date and place of election;
155 (b) the hours during which the polls will be open;
156 (c) the polling places for each voting precinct; [and]
157 (d) the election day voting centers designated under Section 20A-3-701 ; and
158 [(d)] (e) the qualifications for persons to vote in the election.
159 (4) To provide the notice required by Subsection (3), the election officer shall publish
160 the notice at least two days before the election:
161 (a) in a newspaper of general circulation common to the area or in which the election is
162 being held; and
163 (b) as required in Section 45-1-101 .




Legislative Review Note
as of 2-25-10 3:22 PM

Office of Legislative Research and General Counsel