First Substitute H.B. 204

This document includes House Committee Amendments incorporated into the bill on Wed, Feb 20, 2013 at 10:34 AM by lerror. -->

Representative Steve Eliason proposes the following substitute bill:

1 ELECTION AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to elections.
10 Highlighted Provisions:
11 This bill:
12 . clarifies how to cast a valid absentee ballot; and
13 . makes technical changes.
14 Money Appropriated in this Bill:
15 None
16 Other Special Clauses:
17 None
18 Utah Code Sections Affected:
19 AMENDS:
20 20A-3-301, as last amended by Laws of Utah 2004, Chapter 195
21 20A-3-306, as last amended by Laws of Utah 2012, Chapter 309
22 20A-3-702, as enacted by Laws of Utah 2011, Chapter 291
23
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 20A-3-301 is amended to read:

26 20A-3-301. Voting by absentee ballot.
27 (1) Any person who is registered to vote may vote by absentee ballot.
28 (2) [A] Except as provided in Section 20A-3-702 , a registered voter may not vote in
29 person if the voter voted by absentee ballot.
30 Section 2. Section 20A-3-306 is amended to read:
31 20A-3-306. Voting ballot -- Returning ballot.
32 (1) (a) To vote a mail-in absentee ballot, the absentee voter shall:
33 (i) complete and sign the affidavit on the envelope;
34 (ii) mark the votes on the absentee ballot;
35 (iii) place the voted absentee ballot in the envelope;
36 (iv) securely seal the envelope; and
37 (v) attach postage, unless voting in accordance with Section 20A-3-302 , and deposit
38 the envelope in the mail or deliver it in person to the election officer from whom the ballot was
39 obtained.
40 (b) To vote an absentee ballot in person at the office of the election officer, the absent
41 voter shall:
42 (i) complete and sign the affidavit on the envelope;
43 (ii) mark the votes on the absent-voter ballot;
44 (iii) place the voted absent-voter ballot in the envelope;
45 (iv) securely seal the envelope; and
46 (v) give the ballot and envelope to the election officer.
47 (2) An absentee ballot is not valid unless:
48 (a) in the case of an absentee ballot that is voted in person[, it]:
49 (i) the ballot is applied for and cast in person at the office of the appropriate election
50 officer no later than the Friday before election day; or
51 (ii) the ballot is submitted at a polling location in the political subdivision where the
52 absentee voter resides;
53 (b) in the case of an absentee ballot that is returned by mail, the ballot is:
54 (i) clearly postmarked H. [ on or ] .H before election day; and
55 (ii) received in the office of the election officer before noon on the day of the official
56 canvass following the election; or

57 [(b)] (c) in the case of a military-overseas ballot, the ballot is submitted in accordance
58 with Section 20A-16-404 .
59 (3) An absentee voter may submit a completed absentee ballot at a polling location
60 located in a political subdivision holding the election, if the absentee voter resides in the
61 political subdivision.
62 (4) An absentee voter may submit an incomplete absentee ballot at a polling location
63 for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
64 vote in person.
65 Section 3. Section 20A-3-702 is amended to read:
66 20A-3-702. Election day voting center -- Hours of operation -- Compliance with
67 Election Code.
68 (1) An election officer may operate an election day voting center in one or more
69 locations designated under Section 20A-3-703 .
70 (2) An election officer shall provide for voting at an election day voting center by:
71 (a) regular ballot if:
72 (i) the election day voting center is designated under Section 20A-5-403 as the polling
73 place for the voting precinct in which the voter resides; and
74 (ii) the voter is eligible to vote using a regular ballot in accordance with this title;
75 (b) voting center ballot if:
76 (i) the election day voting center is not designated under Section 20A-5-403 as the
77 polling place for the voting precinct in which the voter resides;
78 (ii) the voter resides within the political subdivision holding the election; and
79 (iii) the voter is otherwise eligible to vote using a regular ballot in accordance with this
80 title; or
81 (c) provisional ballot if the voter is only eligible to vote using a provisional ballot in
82 accordance with this title.
83 (3) An election officer shall ensure that an election day voting center:
84 (a) is open on election day during the time period specified under Section 20A-1-302 ;
85 (b) allows an eligible voter to vote if the voter:
86 (i) resides within the political subdivision holding an election; and
87 (ii) arrives at the election day voting center by the designated closing time in

88 accordance with Section 20A-1-302 ; and
89 (c) is administered according to the requirements of this title.
90 (4) A person may submit a completed absentee ballot at an election day voting center
91 for the political subdivision in which the person resides.
92 (5) A person may submit an incomplete absentee ballot at an election day voting center
93 for the political subdivision in which the person resides, request that the ballot be declared
94 spoiled, and vote in person.

[Bill Documents]