S.B. 24

1

ABSENTEE BALLOT AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Kraig Powell
6
7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 General Description:
11 This bill amends provisions in Title 20A, Election Code, regarding absentee ballots.
12 Highlighted Provisions:
13 This bill:
14 . prohibits a person from filling out an absentee ballot application for another person,
15 with exceptions;
16 . prohibits a person from filing an absentee ballot application with an election officer
17 for another person, with exceptions; and
18 . makes technical and conforming amendments.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 20A-3-304, as last amended by Laws of Utah 2011, Chapter 17
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 20A-3-304 is amended to read:
29 20A-3-304. Application for absentee ballot -- Time for filing and voting.
30 (1) (a) Any registered voter who wishes to vote an absentee ballot may either:
31 [(a)] (i) file an absentee ballot application:
32 [(i)] (A) on the electronic system maintained by the lieutenant governor under Section
33 20A-2-206 ; or
34 [(ii)] (B) with the appropriate election officer for an official absentee ballot as provided
35 in this section; or
36 [(b)] (ii) vote in person at the office of the appropriate election officer as provided in
37 Section 20A-3-306 .
38 (b) (i) Except as provided in Subsection (1)(b)(ii), a person may not file an absentee
39 ballot application on behalf of another registered voter.
40 (ii) A person may file an absentee ballot application for another registered voter if the
41 registered voter:
42 (A) is a hospitalized voter, as defined in Section 20A-3-306.5 ;
43 (B) has a disability; or
44 (C) is the person's spouse, parent, or child.
45 (2) (a) Except as provided in Subsection (2)(b), the lieutenant governor or election
46 officer shall prepare an application form for absentee ballot applications in substantially the
47 following form:
48 "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
49 apply for an official absentee ballot to be voted by me at the election.
50 Date ________ (month\day\year) Signed ___________________________
51 Voter"
52 (b) The lieutenant governor or election officer shall prepare blank applications for
53 absentee ballot applications for regular primary elections and for the Western States
54 Presidential Primary in substantially the following form:
55 "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
56 apply for an official absentee ballot for the _______________ political party to be voted by me
57 at the primary election.
58 I understand that I must be affiliated with or authorized to vote the political party's

59 ballot that I request.
60 Dated _________ (month\day\year) ____ Signed ___________________________
61 Voter"
62 (c) If requested by the applicant, the election officer shall:
63 (i) mail or fax the application blank to the absentee voter; or
64 (ii) deliver the application blank to any voter who personally applies for it at the office
65 of the election officer.
66 (d) (i) Except as provided in Subsection (2)(d)(ii), a voter who signs a form described
67 in this Subsection (2) shall complete the form.
68 (ii) A person other than the voter who signs the form may complete the form if the
69 voter:
70 (A) is a hospitalized voter, as defined in Section 20A-3-306.5 ;
71 (B) has a disability; or
72 (C) is unable to read or write.
73 (3) [(a) Except as provided in Subsection (3)(b), a] A voter who wishes to vote by
74 absentee ballot shall file the application for an absentee ballot with the lieutenant governor or
75 appropriate election officer no later than the Friday before election day.
76 [(b) Overseas applicants shall file their applications with the appropriate election
77 officer no later than 20 days before election day.]
78 (4) (a) A county clerk may establish a permanent absentee voter list.
79 (b) The clerk shall place on the list the name of any person who:
80 (i) requests permanent absentee voter status; and
81 (ii) meets the requirements of this section.
82 (c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on
83 the absentee voter list.
84 (ii) The questionnaire shall allow the absentee person to verify the voter's residence.
85 (iii) The clerk may remove the names of any voter from the absentee voter registration
86 list if:
87 (A) the voter is no longer listed in the official register; or
88 (B) the voter fails to verify the voter's residence and absentee status.
89 (d) The clerk shall provide a copy of the permanent absentee voter list to election

90 officers for use in elections.




Legislative Review Note
as of 11-15-12 6:36 AM

Office of Legislative Research and General Counsel

[Bill Documents]