H.B. 91

1

VOTER REGISTRATION - ELECTION DAY VOTER
2 REGISTRATION
3 2013 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Rebecca Chavez-Houck
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill amends Title 20A, Election Code, to permit election day voter registration.
11 Highlighted Provisions:
12 This bill:
13 . permits a person to register to vote on election day and to cast a provisional ballot if
14 the person presents himself or herself:
15 . when the polls are open on election day; and
16 . at the voting precinct where the person resides; and
17 . makes technical and conforming changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 None
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-2-102, as last amended by Laws of Utah 2003, Chapter 34
25 20A-2-102.5, as last amended by Laws of Utah 2011, Chapters 17, 297, and 327
26 20A-2-201, as last amended by Laws of Utah 2008, Chapters 225 and 276
27 20A-2-202, as last amended by Laws of Utah 2009, Chapter 45

28 20A-2-204, as last amended by Laws of Utah 2006, Chapters 264 and 326
29 20A-2-205, as last amended by Laws of Utah 2012, Chapter 251
30 20A-2-206, as last amended by Laws of Utah 2011, Chapter 17
31 20A-2-307, as last amended by Laws of Utah 2003, Chapter 34
32 ENACTS:
33 20A-2-207, Utah Code Annotated 1953
34
35 Be it enacted by the Legislature of the state of Utah:
36 Section 1. Section 20A-2-102 is amended to read:
37 20A-2-102. Registration a prerequisite to voting.
38 (1) Except as provided in Subsection (2), a person may not vote at any election unless
39 that person is registered to vote as required by this chapter.
40 (2) A person may vote a provisional ballot for an election as provided in Section
41 20A-2-307 [for:].
42 [(a) a regular general election;]
43 [(b) a regular primary election; or]
44 [(c) an election for federal office.]
45 Section 2. Section 20A-2-102.5 is amended to read:
46 20A-2-102.5. Voter registration deadline.
47 (1) Except as provided in [Sections] Section 20A-2-201 [and], 20A-2-206 [and], or
48 20A-2-207 , or Chapter 16, Uniform Military and Overseas Voters Act, a person who fails to
49 submit a correctly completed voter registration form on or before the voter registration deadline
50 may not be permitted to vote in the election.
51 (2) The voter registration deadline shall be the date that is 30 calendar days before the
52 date of the election.
53 Section 3. Section 20A-2-201 is amended to read:
54 20A-2-201. Registering to vote at office of county clerk.
55 (1) Except as provided in Subsection (3)(b), the county clerk shall register to vote all
56 persons who present themselves for registration at the county clerk's office during designated
57 office hours if those persons, on the date of the election, will be legally eligible to vote in a
58 voting precinct in the county in accordance with Section 20A-2-101 .

59 (2) If a registration form is submitted in person at the office of the county clerk during
60 the period beginning on the date after the voter registration deadline and ending on the date that
61 is 15 calendar days before the date of the election, the county clerk shall:
62 (a) accept registration forms from all persons who present themselves for registration at
63 the clerk's office during designated office hours if those persons, on the date of the election,
64 will be legally qualified and entitled to vote in a voting precinct in the county; and
65 (b) inform them that:
66 (i) they will be registered to vote in the pending election; and
67 (ii) for the pending election, they must vote on the day of the election and will not be
68 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
69 registered too late.
70 (3) If a registration form is submitted to the county clerk in person on the date of the
71 election or during the 14 calendar days before an election, the county clerk shall:
72 [(a) accept registration forms from all persons who present themselves for registration
73 at the clerk's office during designated office hours if those persons,]
74 (a) if the person desires to vote in the pending election, inform the person that the
75 person must, on election day, register and cast a provisional ballot in the person's voting
76 precinct; or
77 (b) if the person does not desire to vote in the pending election:
78 (i) accept a registration form from the person if, on the date of the election, the person
79 will be legally qualified and entitled to vote in a voting precinct in the county; and
80 [(b)] (ii) inform [them] the person that [they] the person will be registered to vote but
81 may not vote in the pending election because [they] the person registered too late and chose not
82 to register and vote as described in Subsection (3)(a).
83 Section 4. Section 20A-2-202 is amended to read:
84 20A-2-202. Registration by mail.
85 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
86 (b) To register by mail, a citizen shall complete and sign the by-mail registration form
87 and mail or deliver it to the county clerk of the county in which the citizen resides.
88 (c) In order to register to vote in a particular election, the citizen shall:
89 (i) address the by-mail voter registration form to the county clerk; and

90 (ii) ensure that it is postmarked on or before the voter registration deadline.
91 (d) The citizen has effectively registered to vote under this section only when the
92 county clerk's office has received a correctly completed by-mail voter registration form.
93 (2) Upon receipt of a correctly completed by-mail voter registration form, the county
94 clerk shall:
95 (a) enter the applicant's name on the list of registered voters for the voting precinct in
96 which the applicant resides; and
97 (b) mail confirmation of registration to the newly registered voter after entering the
98 applicant's voting precinct number on that copy.
99 (3) (a) If the county clerk receives a correctly completed by-mail voter registration
100 form that is postmarked after the voter registration deadline, the county clerk shall:
101 (i) unless the applicant registers on election day under Section 20A-2-207 , register the
102 applicant after the next election; and
103 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
104 informing the applicant that [his]:
105 (A) the applicant's registration will not be effective until after the election[.]; and
106 (B) the applicant may register to vote on election day under Section 20A-2-207 .
107 (b) When the county clerk receives a correctly completed by-mail voter registration
108 form at least seven days before an election that is postmarked on or before the date of the voter
109 registration deadline, the county clerk shall:
110 (i) process the by-mail voter registration form; and
111 (ii) record the new voter in the official register.
112 (4) If the county clerk determines that a registration form received by mail or otherwise
113 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
114 the person attempting to register, [informing him that he] stating that the person has not been
115 registered because of an error or because the form is incomplete.
116 Section 5. Section 20A-2-204 is amended to read:
117 20A-2-204. Registering to vote when applying for or renewing a driver license.
118 (1) As used in this section, "voter registration form" means the driver license
119 application/voter registration form and the driver license renewal/voter registration form
120 required by Section 20A-2-108 .

121 (2) Any citizen who is qualified to vote may register to vote by completing the voter
122 registration form.
123 (3) The Driver License Division shall:
124 (a) assist applicants in completing the voter registration form unless the applicant
125 refuses assistance;
126 (b) accept completed forms for transmittal to the appropriate election official;
127 (c) transmit a copy of each voter registration form to the appropriate election official
128 within five days after it is received by the division;
129 (d) transmit each address change within five days after it is received by the division;
130 and
131 (e) transmit electronically to the lieutenant governor's office the name, address, birth
132 date, and driver license number of each person who answers "yes" to the question on the driver
133 license form about registering to vote.
134 (4) Upon receipt of a correctly completed voter registration form, the county clerk
135 shall:
136 (a) enter the applicant's name on the list of registered voters for the voting precinct in
137 which the applicant resides; and
138 (b) notify the applicant of registration.
139 (5) (a) If the county clerk receives a correctly completed voter registration form that is
140 dated after the voter registration deadline, the county clerk shall:
141 (i) unless the applicant registers on election day under Section 20A-2-207 , register the
142 applicant after the next election; and
143 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
144 informing the applicant that [his]:
145 (A) the applicant's registration will not be effective until after the election[.]; and
146 (B) the applicant may register to vote on election day under Section 20A-2-207 .
147 (b) When the county clerk receives a correctly completed voter registration form at
148 least seven days before an election that is dated on or before the voter registration deadline, the
149 county clerk shall:
150 (i) process the voter registration form; and
151 (ii) record the new voter in the official register.

152 (6) If the county clerk determines that a voter registration form received from the
153 Driver License Division is incorrect because of an error or because it is incomplete, the county
154 clerk shall mail notice to the person attempting to register, [informing him that he] stating that
155 the person has not been registered because of an error or because the form is incomplete.
156 Section 6. Section 20A-2-205 is amended to read:
157 20A-2-205. Registration at voter registration agencies.
158 (1) As used in this section:
159 (a) "Discretionary voter registration agency" means each office designated by the
160 county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
161 by-mail voter registration forms to the public.
162 (b) "Public assistance agency" means each office in Utah that provides:
163 (i) public assistance; or
164 (ii) state funded programs primarily engaged in providing services to people with
165 disabilities.
166 (2) Any person may obtain and complete a by-mail registration form at a public
167 assistance agency or discretionary voter registration agency.
168 (3) Each public assistance agency and discretionary voter registration agency shall
169 provide, either as part of existing forms or on a separate form, the following information in
170 substantially the following form:
171 "REGISTERING TO VOTE
172 If you are not registered to vote where you live now, would you like to apply to register
173 to vote here today? (Applying to register to vote or declining to register to vote will not affect
174 the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
175 DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
176 NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
177 voter registration application form, we will help you. The decision about whether or not to
178 seek or accept help is yours. You may fill out the application form in private. If you believe
179 that someone has interfered with your right to register or to decline to register to vote, your
180 right to privacy in deciding whether or not to register, or in applying to register to vote, or your
181 right to choose your own political party or other political preference, you may file a complaint
182 with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah

183 84114. (The phone number of the Office of the Lieutenant Governor)."
184 (4) Unless a person applying for service or assistance from a public assistance agency
185 or discretionary voter registration agency declines, in writing, to register to vote, each public
186 assistance agency and discretionary voter registration agency shall:
187 (a) distribute a by-mail voter registration form with each application for service or
188 assistance provided by the agency or office;
189 (b) assist applicants in completing the voter registration form unless the applicant
190 refuses assistance;
191 (c) accept completed forms for transmittal to the appropriate election official; and
192 (d) transmit a copy of each voter registration form to the appropriate election official
193 within five days after it is received by the division.
194 (5) A person in a public assistance agency or a discretionary voter registration agency
195 that helps a person complete the voter registration form may not:
196 (a) seek to influence an applicant's political preference or party registration;
197 (b) display any political preference or party allegiance;
198 (c) make any statement to an applicant or take any action that has the purpose or effect
199 of discouraging the applicant from registering to vote; or
200 (d) make any statement to an applicant or take any action that has the purpose or effect
201 of leading the applicant to believe that a decision to register or not to register has any bearing
202 upon the availability of services or benefits.
203 (6) Upon receipt of a correctly completed voter registration form, the county clerk
204 shall:
205 (a) enter the applicant's name on the list of registered voters for the voting precinct in
206 which the applicant resides; and
207 (b) notify the applicant of registration.
208 (7) (a) If the county clerk receives a correctly completed voter registration form that is
209 dated after the voter registration deadline, the county clerk shall:
210 (i) unless the applicant registers on election day under Section 20A-2-207 , register the
211 applicant after the next election; and
212 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
213 informing the applicant that [his]:

214 (A) the applicant's registration will not be effective until after the election[.]; and
215 (B) the applicant may register to vote on election day under Section 20A-2-207 .
216 (b) When the county clerk receives a correctly completed voter registration form at
217 least seven days before an election that is dated on or before the voter registration deadline, the
218 county clerk shall:
219 (i) process the voter registration form; and
220 (ii) record the new voter in the official register.
221 (8) If the county clerk determines that a voter registration form received from a public
222 assistance agency or discretionary voter registration agency is incorrect because of an error or
223 because it is incomplete, the county clerk shall mail notice to the person attempting to register,
224 [informing him that he] stating that the person has not been registered because of an error or
225 because the form is incomplete.
226 Section 7. Section 20A-2-206 is amended to read:
227 20A-2-206. Electronic registration -- Requests for absentee ballot application.
228 (1) The lieutenant governor may create and maintain an electronic system for voter
229 registration and requesting an absentee ballot that is publicly available on the Internet.
230 (2) An electronic system for voter registration shall require:
231 (a) that an applicant have a valid driver license or identification card, issued under Title
232 53, Chapter 3, Uniform Driver License Act, that reflects the person's current principal place of
233 residence;
234 (b) that the applicant provide the information required by Section 20A-2-104 , except
235 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
236 and (4);
237 (c) that the applicant attest to the truth of the information provided; and
238 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
239 applicant's driver license or identification card signature, obtained under Title 53, Chapter 3,
240 Uniform Driver License Act, for voter registration purposes.
241 (3) Notwithstanding Section 20A-2-104 , an applicant using the electronic system for
242 voter registration created under this section is not required to complete a printed registration
243 form.
244 (4) A system created and maintained under this section shall provide the notices

245 concerning a voter's presentation of identification contained in Subsection 20A-2-104 (1).
246 (5) The lieutenant governor shall obtain a digital copy of the applicant's driver license
247 or identification card signature from the Driver License Division.
248 (6) Upon receiving all information from an applicant and the Driver License Division,
249 the lieutenant governor shall send the information to the county clerk for the county in which
250 the applicant's principal place of residence is found for further action as required by Section
251 20A-2-304 .
252 (7) The lieutenant governor may use additional security measures to ensure the
253 accuracy and integrity of an electronically submitted voter registration.
254 (8) (a) If an individual applies to register under this section during the period beginning
255 on the date after the voter registration deadline and ending on the date that is 15 calendar days
256 before the date of an election, the county clerk shall:
257 (i) accept the application for registration if the individual, on the date of the election,
258 will be legally qualified and entitled to vote in a voting precinct in the state; and
259 (ii) inform the individual that:
260 (A) the individual is registered to vote in the pending election; and
261 (B) for the pending election, the individual must vote on the day of the election and is
262 not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
263 individual registered too late.
264 (b) If an individual applies to register under this section during the 14 calendar days
265 before an election, the county clerk shall:
266 (i) if the individual desires to vote in the pending election, inform the individual that
267 the individual must, on election day, register and cast a provisional ballot in the individual's
268 voting precinct; or
269 (ii) if the individual does not desire to vote in the pending election:
270 [(i)] (A) accept the application for registration if the individual, on the date of the
271 election, will be legally qualified and entitled to vote in a voting precinct in the state; and
272 [(ii)] (B) inform the individual that the individual is registered to vote but may not vote
273 in the pending election because the individual registered too late and chose not to register and
274 vote as described in Subsection (8)(b)(i).
275 (9) (a) A registered voter may file an application for an absentee ballot in accordance

276 with Section 20A-3-304 on the electronic system for voter registration established under this
277 section.
278 (b) The lieutenant governor shall provide a means by which a registered voter shall
279 sign the application form as provided in Section 20A-3-304 .
280 Section 8. Section 20A-2-207 is enacted to read:
281 20A-2-207. Election day registration -- Provisional ballots.
282 (1) An election official shall register a person to vote who:
283 (a) is legally eligible to vote, in accordance with Section 20A-2-101 ; and
284 (b) presents himself or herself:
285 (i) when the polls are open on election day; and
286 (ii) at the voting precinct where the person resides.
287 (2) A person who registers to vote on election day, in accordance with this section, may
288 cast a provisional ballot.
289 Section 9. Section 20A-2-307 is amended to read:
290 20A-2-307. County clerks' instructions to election judges.
291 (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
292 ballot if:
293 (a) the voter has moved from one address within a voting precinct to another address
294 within the same voting precinct; and
295 (b) the voter affirms the change of address orally or in writing before the election
296 judges.
297 (2) Each county clerk shall instruct election judges to allow a person to vote a
298 provisional ballot if:
299 (a) the person registers to vote on election day under Section 20A-2-207 ;
300 [(a)] (b) the voter's name does not appear on the official register; or
301 [(b)] (c) the voter is challenged as provided in Section 20A-3-202 .




Legislative Review Note
as of 1-22-13 4:47 PM

Office of Legislative Research and General Counsel

[Bill Documents]