First Substitute S.B. 135

Senator Scott K. Jenkins proposes the following substitute bill:

1 VOTER REGISTRATION AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Scott K. Jenkins
5 House Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to voter registration.
10 Highlighted Provisions:
11 This bill:
12 . provides that an individual who registers to vote, in-person or online, fifteen or
13 more days before an election may participate in early voting or may vote on election
14 day;
15 . provides that a person who registers to vote online less than 15 days before an
16 election, but more than six days before an election, may vote on election day;
17 . provides that an individual who registers to vote online seven or more days before
18 an election may vote on election day;
19 . requires a county clerk to accept a voter registration form as late as the day before
20 an election if the registrant timely filled out and submitted the voter registration
21 form to a registration drive coordinator who turns the voter registration form in late;
22 and
23 . makes technical and conforming amendments.
24 Money Appropriated in this Bill:
25 None

26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-2-201 , as last amended by Laws of Utah 2008, Chapters 225 and 276
31 20A-2-206 , as last amended by Laws of Utah 2011, Chapter 17
32 20A-4-107 , as last amended by Laws of Utah 2013, Chapter 390
33
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-2-201 is amended to read:
36 20A-2-201. Registering to vote at office of county clerk.
37 (1) Except as provided in Subsection (3), the county clerk shall register to vote [all
38 persons who present themselves for registration] each individual who registers in person at the
39 county clerk's office during designated office hours if [those persons] the individual will, on the
40 date of the election, [will] be legally eligible to vote in a voting precinct in the county in
41 accordance with Section 20A-2-101 .
42 (2) [If a registration form is submitted] If an individual submits a registration form in
43 person at the office of the county clerk during the period beginning on the date after the voter
44 registration deadline and ending on the date that is 15 calendar days before the date of the
45 election, the county clerk shall:
46 (a) accept a registration [forms from all persons who present themselves for
47 registration] form from each individual who submits a registration form in person at the clerk's
48 office during designated office hours if [those persons] the individual, on the date of the
49 election, will be legally qualified and entitled to vote in a voting precinct in the county; and
50 (b) inform [them] the individual that[:] the individual will be registered to vote in the
51 pending election.
52 [(i) they will be registered to vote in the pending election; and]
53 [(ii) for the pending election, they must vote on the day of the election and will not be
54 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
55 registered too late.]
56 [(3) If a registration form is submitted to the county clerk on the date of the election or

57 during the 14 calendar days before an election, the county clerk shall:]
58 [(a) accept registration forms from all persons who present themselves for registration
59 at the clerk's office during designated office hours if those persons, on the date of the election,
60 will be legally qualified and entitled to vote in a voting precinct in the county; and]
61 [(b) inform them that they will be registered to vote but may not vote in the pending
62 election because they registered too late.]
63 (3) If an individual who will be legally qualified and entitled to vote in a voting
64 precinct in the county on the date of an election appears in person, during designated office
65 hours, and submits a registration form on the date of the election or during the 14 calendar days
66 before an election, the county clerk shall:
67 (a) accept the registration form; and
68 (b) (i) if it is more than seven calendar days before the date of an election:
69 (A) inform the individual that, if the individual registers to vote online under Section
70 20A-2-206 before the seven-day deadline described in Section 20A-2-206 , the individual may
71 vote in the pending election; or
72 (B) if the individual does not register to vote online under Section 20A-2-206 , that the
73 individual will be registered to vote but may not vote in the pending election because the
74 individual registered too late; or
75 (ii) if it is on the date of an election or during the seven calendar days before an
76 election, inform the individual that the individual will be registered to vote but may not vote in
77 the pending election because the individual registered too late.
78 Section 2. Section 20A-2-206 is amended to read:
79 20A-2-206. Electronic registration -- Requests for absentee ballot application.
80 (1) The lieutenant governor may create and maintain an electronic system for voter
81 registration and requesting an absentee ballot that is publicly available on the Internet.
82 (2) An electronic system for voter registration shall require:
83 (a) that an applicant have a valid driver license or identification card, issued under Title
84 53, Chapter 3, Uniform Driver License Act, that reflects the person's current principal place of
85 residence;
86 (b) that the applicant provide the information required by Section 20A-2-104 , except
87 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)

88 and (4);
89 (c) that the applicant attest to the truth of the information provided; and
90 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
91 applicant's driver license or identification card signature, obtained under Title 53, Chapter 3,
92 Uniform Driver License Act, for voter registration purposes.
93 (3) Notwithstanding Section 20A-2-104 , an applicant using the electronic system for
94 voter registration created under this section is not required to complete a printed registration
95 form.
96 (4) A system created and maintained under this section shall provide the notices
97 concerning a voter's presentation of identification contained in Subsection 20A-2-104 (1).
98 (5) The lieutenant governor shall obtain a digital copy of the applicant's driver license
99 or identification card signature from the Driver License Division.
100 (6) Upon receiving all information from an applicant and the Driver License Division,
101 the lieutenant governor shall send the information to the county clerk for the county in which
102 the applicant's principal place of residence is found for further action as required by Section
103 20A-2-304 .
104 (7) The lieutenant governor may use additional security measures to ensure the
105 accuracy and integrity of an electronically submitted voter registration.
106 (8) (a) If an individual applies to register under this section during the period beginning
107 on the date after the voter registration deadline and ending on the date that is 15 calendar days
108 before the date of an election, the county clerk shall:
109 (i) accept the application for registration if the individual, on the date of the election,
110 will be legally qualified and entitled to vote in a voting precinct in the state; and
111 (ii) inform the individual that[: (A)] the individual is registered to vote in the pending
112 election[; and].
113 (b) If an individual applies to register under this section during the period beginning on
114 the date that is 14 calendar days before the election and ending on the date that is seven
115 calendar days before the election, the county clerk shall:
116 (i) accept the application for registration if the individual, on the date of the election,
117 will be legally qualified and entitled to vote in a voting precinct in the state; and
118 (ii) inform the individual that:

119 (A) the individual is registered to vote in the pending election; and
120 (B) for the pending election, the individual must vote on the day of the election and is
121 not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
122 individual registered too late.
123 [(b)] (c) If an individual applies to register under this section during the [14] six
124 calendar days before an election, the county clerk shall:
125 (i) accept the application for registration if the individual, on the date of the election,
126 will be legally qualified and entitled to vote in a voting precinct in the state; and
127 (ii) inform the individual that the individual is registered to vote but may not vote in
128 the pending election because the individual registered too late.
129 (9) (a) A registered voter may file an application for an absentee ballot in accordance
130 with Section 20A-3-304 on the electronic system for voter registration established under this
131 section.
132 (b) The lieutenant governor shall provide a means by which a registered voter shall
133 sign the application form as provided in Section 20A-3-304 .
134 Section 3. Section 20A-4-107 is amended to read:
135 20A-4-107. Review and disposition of provisional ballot envelopes.
136 (1) As used in this section, a person is "legally entitled to vote" if:
137 (a) the person:
138 (i) is registered to vote in the state;
139 (ii) votes the ballot for the voting precinct in which the person resides; and
140 (iii) provided valid voter identification to the poll worker;
141 (b) the person:
142 (i) is registered to vote in the state;
143 (ii) (A) provided valid voter identification to the poll worker; or
144 (B) either failed to provide valid voter identification or the documents provided as
145 valid voter identification were inadequate and the poll worker recorded that fact in the official
146 register but the county clerk verifies the person's identity and residence through some other
147 means; and
148 (iii) did not vote in the person's precinct of residence, but the ballot that the person
149 voted was from the person's county of residence and includes one or more candidates or ballot

150 propositions on the ballot voted in the person's precinct of residence; or
151 (c) the person:
152 (i) is registered to vote in the state;
153 (ii) either failed to provide valid voter identification or the documents provided as
154 valid voter identification were inadequate and the poll worker recorded that fact in the official
155 register; and
156 (iii) (A) the county clerk verifies the person's identity and residence through some other
157 means as reliable as photo identification; or
158 (B) the person provides valid voter identification to the county clerk or an election
159 officer who is administering the election by the close of normal office hours on Monday after
160 the date of the election.
161 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
162 the affirmation on the face of each provisional ballot envelope and determine if the person
163 signing the affirmation is:
164 (i) registered to vote in this state; and
165 (ii) legally entitled to vote:
166 (A) the ballot that the person voted; or
167 (B) if the ballot is from the person's county of residence, for at least one ballot
168 proposition or candidate on the ballot that the person voted.
169 (b) If the election officer determines that the person is not registered to vote in this
170 state or is not legally entitled to vote in the county or for any of the ballot propositions or
171 candidates on the ballot that the person voted, the election officer shall retain the ballot
172 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
173 produce or count it.
174 (c) If the election officer determines that the person is registered to vote in this state
175 and is legally entitled to vote in the county and for at least one of the ballot propositions or
176 candidates on the ballot that the person voted, the election officer shall remove the ballot from
177 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
178 those ballots at the canvass.
179 (d) The election officer may not count, or allow to be counted a provisional ballot
180 unless the person's identity and residence is established by a preponderance of the evidence.

181 (3) If the election officer determines that the person is registered to vote in this state,
182 the election officer shall ensure that the voter registration records are updated to reflect the
183 information provided on the provisional ballot envelope.
184 (4) If the election officer determines that the person is not registered to vote in this
185 state and the information on the provisional ballot envelope is complete, the election officer
186 shall:
187 (a) consider the provisional ballot envelope a voter registration form for the person's
188 county of residence; and
189 (b) (i) register the person if the voter's county of residence is within the county; or
190 (ii) forward the voter registration form to the election officer of the person's county of
191 residence, which election officer shall register the person.
192 (5) Notwithstanding any provision of this section, the election officer shall remove the
193 ballot from a provisional ballot envelope and place the ballot with the absentee ballots to be
194 counted with those ballots at the canvass, if:
195 (a) the election officer determines, in accordance with the provisions of this section,
196 that the sole reason a provisional ballot may not otherwise be counted is because the voter
197 registration was filed late;
198 (b) the voter registration was completed and provided to a registration drive
199 coordinator before the voter registration deadline;
200 (c) the late filing was made due to a registration drive coordinator filing a voter's
201 registration, other than the registration drive coordinator's registration, after the filing deadline;
202 and
203 (d) the election officer receives the voter registration no later than one day before the
204 day of the election.