First Substitute S.B. 36

Senator Karen Mayne proposes the following substitute bill:

1 VOTER INFORMATION AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Karen Mayne
5 House Sponsor: Lee B. Perry
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code in relation to disclosure of, and the
10 use of, the list of registered voters and information from the list of registered voters.
11 Highlighted Provisions:
12 This bill:
13 . prohibits a person, other than an election officer, from using the list of registered
14 voters, or information obtained from the list of registered voters, for certain
15 purposes, including commercial purposes or harassment;
16 . subject to certain exceptions, prohibits a person from reproducing the list of
17 registered voters, or information obtained from the list of registered voters;
18 . prohibits a person from using the list of registered voters, or information obtained
19 from the list of registered voters, to solicit donations or to conduct surveys;
20 . prohibits a person from providing the list of registered voters, or information
21 obtained from the list of registered voters to another person if the person providing
22 the information has reason to believe that the other person will use the list, or
23 information obtained from the list, in violation of the provisions of this bill;
24 . provides exceptions to certain provisions of this bill if the list of registered voters,
25 or information obtained from the list of registered voters, is used for political,

26 scholarly, journalistic, or governmental purposes;
27 . describes the circumstances under which the lieutenant governor or a county clerk
28 may disclose the list of registered voters or information from the list of registered
29 voters;
30 . requires a person who requests the list of registered voters, or information from the
31 list of registered voters, to provide identification, other information, and assurances
32 regarding the use of the list and information from the list;
33 . provides that making a false statement when providing the information and
34 assurances described above constitutes a crime; and
35 . makes technical changes.
36 Money Appropriated in this Bill:
37 None
38 Other Special Clauses:
39 None
40 Utah Code Sections Affected:
41 AMENDS:
42 20A-2-104 , as last amended by Laws of Utah 2010, Chapter 197
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-2-104 is amended to read:
46 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
47 (1) Every person applying to be registered shall complete a registration form printed in
48 substantially the following form:
49 -----------------------------------------------------------------------------------------------------------------
50 UTAH ELECTION REGISTRATION FORM
51 Are you a citizen of the United States of America? Yes No
52 Will you be 18 years old on or before election day? Yes No
53 If you checked "no" to either of the above two questions, do not complete this form.
54 Name of Voter
55 __________________________________________________________________________
56 First Middle Last

57 Utah Driver License or Utah Identification Card Number____________________________

58 Date of Birth ______________________________________________________
59 Street Address of Principal Place of Residence
60 ____________________________________________________________________________
61 City County State Zip Code
62 Telephone Number (optional) _________________________
63 Last four digits of Social Security Number ______________________
64 Last former address at which I was registered to vote (if known)_________________________
65 ____________________________________________________________________________
66 City County State Zip Code
67 Political Party
68 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
69 the lieutenant governor under Section 67-1a-2 , with each party's name preceded by a checkbox)
70 .Unaffiliated (no political party preference) .Other (Please specify)___________________
71 I do swear (or affirm), subject to penalty of law for false statements, that the
72 information contained in this form is true, and that I am a citizen of the United States and a
73 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
74 will have resided in Utah for 30 days immediately before the next election. I am not a
75 convicted felon currently incarcerated for commission of a felony.
76 Signed and sworn
77 __________________________________________________________
78 Voter's Signature
79 _______________(month/day/year).
80 CITIZENSHIP AFFIDAVIT
81 Name:
82 Name at birth, if different:
83 Place of birth:
84 Date of birth:
85 Date and place of naturalization (if applicable):
86 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a

87 citizen and that to the best of my knowledge and belief the information above is true and
88 correct.
89 ____________________________
90 Signature of Applicant
91 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
92 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
93 up to one year in jail and a fine of up to $2,500.
94 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
95 VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
96 BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
97 PHOTOGRAPH; OR
98 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
99 CURRENT ADDRESS.
100 FOR OFFICIAL USE ONLY
101 Type of I.D. ____________________________
102 Voting Precinct _________________________
103 Voting I.D. Number _____________________
104 ------------------------------------------------------------------------------------------------------------------
105 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
106 of each voter registration form in a permanent countywide alphabetical file, which may be
107 electronic or some other recognized system.
108 (b) The county clerk may transfer a superceded voter registration form to the Division
109 of Archives and Records Service created under Section 63A-12-101 .
110 (3) (a) Each county clerk shall retain lists of currently registered voters.
111 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
112 (c) If there are any discrepancies between the two lists, the county clerk's list is the
113 official list.
114 (d) The lieutenant governor and the county clerks may charge the fees established
115 under the authority of Subsection 63G-2-203 (10) to individuals who wish to obtain a copy of
116 the list of registered voters.
117 (4) (a) A person, other than an election officer acting it the election officer's capacity as

118 an election officer, may not use the list of registered voters, or information obtained from the
119 list of registered voters, for the purpose of:
120 (i) selling the list or information;
121 (ii) selling use of the list or information;
122 (iii) advertising, soliciting, selling, or marketing products or services to a person;
123 (iv) except as provided in Subsection (4)(d), providing the list or information through a
124 medium that displays or sends paid advertising to a person that accesses the list or information;
125 (v) except as provided in Subsection (4)(e), soliciting a donation;
126 (vi) except as provided in Subsection (4)(f), conducting a survey;
127 (vii) charging a fee to a person to have the person's information, or a portion of the
128 person's information, removed, withheld, or changed; or
129 (viii) harassing a person.
130 (b) Except as provided in Subsection (4)(g), a person may not reproduce the list of
131 registered voters, or information obtained from the list of registered voters, in any manner,
132 including print, visual or audio format, electronic format, on the Internet, or via computer
133 terminal.
134 (c) A person may not provide the list of registered voters, or information obtained from
135 the list of registered voters to another person if the person providing the information has reason
136 to believe that the other person will use the list of registered voters, or information obtained
137 from the list of registered voters, in violation of Subsection (4)(a) or (b).
138 (d) Subsection (4)(a)(iv) does not prohibit a person from providing information
139 obtained from the list of registered voters as part of a newspaper or other journalistic
140 publication.
141 (e) Subsection (4)(a)(v) does not prohibit a person from using information obtained
142 from the list of registered voters to solicit a donation for political or governmental purposes.
143 (f) Subsection (4)(a)(vi) does not prohibit a person from using information obtained
144 from the list of registered voters to conduct a survey for political, scholarly, journalistic, or
145 governmental purposes.
146 (g) Subsection (4)(b) does not prohibit a person from reproducing the list of registered
147 voters, or information obtained from the list of registered voters, for political, scholarly,
148 journalistic, or governmental purposes.

149 (h) The lieutenant governor or a county clerk may not disclose the list of registered
150 voters, or information from the list of registered voters, to a person other than an authorized
151 government official, unless the person:
152 (i) provides proof of the person's identity; and
153 (ii) signs a document that includes the following:
154 (A) the name, address, and telephone number of the person requesting the list or
155 information from the list;
156 (B) a statement regarding the purpose for which the person desires to obtain the list;
157 (C) a list of the purposes for which the list, or information obtained from the list, may
158 be used and may not be used;
159 (D) an assertion from the person that the person will not use the list or information
160 obtained from the list for a purpose prohibited by law;
161 (E) notice that if the person makes a false statement in the document, the person is
162 punishable by law under Section 76-8-504 ; and
163 (F) notice that a person who uses the list or information obtained from the list in a
164 manner that is prohibited by law is guilty of a class B misdemeanor.
165 (i) The lieutenant governor or a county clerk may not disclose the list of registered
166 voters, or information from the list of registered voters, to a person that the lieutenant governor
167 or county clerk reasonably believes will use the list or information obtained from the list in a
168 manner prohibited by law.
169 (j) A person is guilty of a class B misdemeanor if the person uses the list of registered
170 voters, or information obtained from the list of registered voters, in violation of Subsection
171 (4)(a), (b), or (c).
172 [(4)] (5) When political parties not listed on the voter registration form qualify as
173 registered political parties under Title 20A, Chapter 8, Political Party Formation and
174 Procedures, the lieutenant governor shall inform the county clerks about the name of the new
175 political party and direct the county clerks to ensure that the voter registration form is modified
176 to include that political party.
177 [(5)] (6) Upon receipt of a voter registration form from an applicant, the county clerk
178 or the clerk's designee shall:
179 (a) review each voter registration form for completeness and accuracy; and

180 (b) if the county clerk believes, based upon a review of the form, that a person may be
181 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
182 county attorney for investigation and possible prosecution.