H.B. 252
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7 LONG TITLE
8 General Description:
9 This bill repeals provisions allowing elections to be conducted entirely by absentee
10 ballot.
11 Highlighted Provisions:
12 This bill:
13 . repeals provisions that allow elections to be conducted entirely by absentee ballot;
14 and
15 . makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-3-306 , as last amended by Laws of Utah 2013, Chapters 198, 219, 320 and last
23 amended by Coordination Clause, Laws of Utah 2013, Chapter 198
24 20A-3-605 , as last amended by Laws of Utah 2013, Chapter 320
25 REPEALS:
26 20A-3-302 , as last amended by Laws of Utah 2013, Chapter 320
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 20A-3-306 is amended to read:
30 20A-3-306. Voting ballot -- Returning ballot.
31 (1) (a) Except as provided by Section 20A-1-308 , to vote a mail-in absentee ballot, the
32 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[
38 the envelope in the mail or deliver it in person to the election officer from whom the ballot was
39 obtained.
40 (b) Except as provided by Section 20A-1-308 , to vote an absentee ballot in person at the
41 office of the election officer, the absent 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) Except as provided by Section 20A-1-308 , an absentee ballot is not valid unless:
48 (a) in the case of an absentee ballot that is voted in person, the ballot is:
49 (i) applied for and cast in person at the office of the appropriate election officer no later
50 than the Thursday before election day; or
51 (ii) submitted on election day at a polling location in the political subdivision where
52 the absentee voter resides;
53 (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
54 (i) clearly postmarked 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 (c) in the case of a military-overseas ballot, the ballot is submitted in accordance with
58 Section 20A-16-404 .
59 (3) An absentee voter may submit a completed absentee ballot at a polling location in a
60 political subdivision holding the election, if the absentee voter resides in the political
61 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 2. Section 20A-3-605 is amended to read:
66 20A-3-605. Exemptions from early voting.
67 (1) (a) This part does not apply to an election of a board member of a local district.
68 (b) Notwithstanding Subsection (1)(a), a local district may, at its discretion, provide
69 early voting in accordance with this part for an election of a board member.
70 (2) Notwithstanding the requirements of Section 20A-3-601 , a municipality of the fifth
71 class or a town as described in Section 10-2-301 may provide early voting as provided under
72 this part for:
73 (a) a municipal primary election; or
74 (b) a municipal general election.
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77 Section 3. Repealer.
78 This bill repeals:
79 Section 20A-3-302 , Conducting entire election by absentee ballot.
Legislative Review Note
as of 12-5-13 3:42 PM