1     
VOTER PREREGISTRATION AMENDMENTS

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jon Cox

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill allows an individual who is 16 or 17 years of age to preregister to vote in an
10     election.
11     Highlighted Provisions:
12          This bill:
13          ▸     allows an individual who is 16 or 17 years of age to preregister to vote in an
14     election;
15          ▸     prohibits an individual who preregisters to vote from voting in an election until the
16     individual is at least 18 years of age;
17          ▸     establishes processing requirements for a county clerk;
18          ▸     amends the voter registration form;
19          ▸     establishes preregistration procedures and methods;
20          ▸     establishes penalties;
21          ▸     designates as a private record the voter registration record of an individual who
22     preregisters to vote until the individual turns 18 years of age; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          20A-2-104, as last amended by Laws of Utah 2014, Chapter 373
31          20A-2-108, as last amended by Laws of Utah 2014, Chapter 373
32          20A-2-201, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
33     by Coordination Clause, Laws of Utah 2014, Chapter 231
34          20A-2-202, as last amended by Laws of Utah 2014, Chapter 231
35          20A-2-204, as last amended by Laws of Utah 2014, Chapter 231
36          20A-2-205, as last amended by Laws of Utah 2014, Chapter 231
37          20A-2-206, as last amended by Laws of Utah 2014, Chapters 95, 98, 231 and last
38     amended by Coordination Clause, Laws of Utah 2014, Chapter 231
39          20A-2-302, as last amended by Laws of Utah 2008, Chapter 103
40          20A-2-401, as last amended by Laws of Utah 2008, Chapter 276
41          20A-4-108, as enacted by Laws of Utah 2014, Chapter 231 and last amended by
42     Coordination Clause, Laws of Utah 2014, Chapter 231
43          63G-2-302, as last amended by Laws of Utah 2014, Chapter 373
44     ENACTS:
45          20A-2-101.1, Utah Code Annotated 1953
46     

47     Be it enacted by the Legislature of the state of Utah:
48          Section 1. Section 20A-2-101.1 is enacted to read:
49          20A-2-101.1. Preregistering to vote.
50          (1) An individual may preregister to vote if the individual:
51          (a) is 16 or 17 years of age;
52          (b) will not be 18 years of age before the next election;
53          (c) is a citizen of the United States;
54          (d) has been a resident of Utah for at least 30 days; and
55          (e) currently resides within the voting district or precinct in which the individual
56     preregisters to vote.
57          (2) An individual described in Subsection (1) may not vote in an election and is not
58     registered to vote until:

59          (a) the individual is at least 18 years of age; and
60          (b) the county clerk registers the individual to vote under Subsection (4).
61          (3) An individual who preregisters to vote shall:
62          (a) complete a voter registration form, including an indication that the individual is
63     preregistering to vote; and
64          (b) submit the voter registration form to a county clerk in person, by mail, or in any
65     other manner authorized by this chapter for the submission of a voter registration form.
66          (4) (a) A county clerk shall:
67          (i) retain the voter registration form of an individual who meets the qualifications for
68     preregistration and who submits a completed voter registration form to the county clerk under
69     Subsection (3)(b);
70          (ii) register the individual to vote in the next election in which the individual will be
71     eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
72     that election; and
73          (iii) send a notice to the individual that:
74          (A) informs the individual that the individual's voter registration form has been
75     accepted as an application for preregistration;
76          (B) informs the individual that the individual will be registered to vote in the next
77     election in which the individual will be eligible to vote; and
78          (C) indicates in which election the individual will be registered to vote.
79          (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
80     considered to have applied for voter registration on the earlier of:
81          (i) the day of the voter registration deadline immediately preceding the election day on
82     which the individual will be at least 18 years of age; or
83          (ii) the day on which the individual turns 18 years of age.
84          (c) A county clerk shall refer a voter registration form to the county attorney for
85     investigation and possible prosecution if the clerk or the clerk's designee believes the
86     individual is attempting to preregister to vote in an election:
87          (i) that will be held on or after the day on which the individual turns 18 years of age;
88     and
89          (ii) in which the individual will not be legally entitled to vote.

90          (5) (a) The lieutenant governor or a county clerk shall classify the voter registration
91     record of an individual who preregisters to vote as a private record until the day on which the
92     individual turns 18 years of age.
93          (b) On the day on which the individual described in Subsection (5)(a) turns 18 years of
94     age, the lieutenant governor or county clerk shall classify the individual's voter registration
95     record as a public record in accordance with Subsection 63G-2-301(2)(l).
96          (6) If an individual who is at least 18 years of age erroneously indicates on the voter
97     registration form that the individual is preregistering to vote, the county clerk shall consider the
98     form as a voter registration form and shall process the form in accordance with this chapter.
99          Section 2. Section 20A-2-104 is amended to read:
100          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
101          (1) [Every person applying to be registered] An individual applying for voter
102     registration, or an individual preregistering to vote, shall complete a voter registration form
103     [printed] in substantially the following form:
104     -----------------------------------------------------------------------------------------------------------------
105     
UTAH ELECTION REGISTRATION FORM

106     Are you a citizen of the United States of America?                    Yes     No
107     If you checked "no" to the above question, do not complete this form.
108     Will you be 18 years [old] of age on or before election day?          Yes     No
109     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
110     vote?                                                  Yes     No
111     If you checked "no" to [either] both of the [above] prior two questions, do not complete this
112     form.
113     Name of Voter
114     _________________________________________________________________
115                         First                Middle            Last
116     Utah Driver License or Utah Identification Card Number____________________________
117     Date of Birth ______________________________________________________
118     Street Address of Principal Place of Residence
119     ____________________________________________________________________________
120          City            County            State            Zip Code

121     Telephone Number (optional) _________________________
122     Last four digits of Social Security Number ______________________
123     Last former address at which I was registered to vote (if
124     known)__________________________
125     ____________________________________________________________________________
126          City               County               State           Zip Code
127     Political Party
128     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
129     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
130      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
131          I do swear (or affirm), subject to penalty of law for false statements, that the
132     information contained in this form is true, and that I am a citizen of the United States and a
133     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
134     am preregistering to vote in a later election, I will be at least 18 years [old] of age and will have
135     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
136     currently incarcerated for commission of a felony.
137          Signed and sworn
138          __________________________________________________________
139                              Voter's Signature
140          _______________(month/day/year).
141          "The portion of a voter registration form that lists a person's driver license or
142     identification card number, Social Security number, and email address is a private record. The
143     portion of a voter registration form that lists a person's date of birth is a private record, the use
144     of which is restricted to government officials, government employees, political parties, or
145     certain other persons.
146          If you believe that disclosure of any information contained in this voter registration
147     form to a person other than a government official or government employee is likely to put you
148     or a member of your household's life or safety at risk, or to put you or a member of your
149     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
150     county clerk to have your entire voter registration record classified as private."
151     
CITIZENSHIP AFFIDAVIT


152     Name:
153     Name at birth, if different:
154     Place of birth:
155     Date of birth:
156     Date and place of naturalization (if applicable):
157          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
158     citizen and that to the best of my knowledge and belief the information above is true and
159     correct.
160     ____________________________
161     Signature of Applicant
162          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
163     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
164     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
165     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
166     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
167     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
168     PHOTOGRAPH; OR
169     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
170     CURRENT ADDRESS.
171     FOR OFFICIAL USE ONLY
172                                   Type of I.D. ____________________________
173                                   Voting Precinct _________________________
174                                   Voting I.D. Number _____________________
175     ------------------------------------------------------------------------------------------------------------------
176          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
177     of each voter registration form in a permanent countywide alphabetical file, which may be
178     electronic or some other recognized system.
179          (b) The county clerk may transfer a superceded voter registration form to the Division
180     of Archives and Records Service created under Section 63A-12-101.
181          (3) (a) Each county clerk shall retain lists of currently registered voters.
182          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.

183          (c) If there are any discrepancies between the two lists, the county clerk's list is the
184     official list.
185          (d) The lieutenant governor and the county clerks may charge the fees established
186     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
187     the list of registered voters.
188          (4) (a) As used in this Subsection (4), "qualified person" means:
189          (i) a government official or government employee acting in the government official's or
190     government employee's capacity as a government official or a government employee;
191          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
192     independent contractor of a health care provider;
193          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
194     independent contractor of an insurance company;
195          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
196     independent contractor of a financial institution;
197          (v) a political party, or an agent, employee, or independent contractor of a political
198     party; or
199          (vi) a person, or an agent, employee, or independent contractor of the person, who:
200          (A) provides the date of birth of a registered voter that is obtained from the list of
201     registered voters only to a person who is a qualified person;
202          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a date of
203     birth that is obtained from the list of registered voters is provided, is a qualified person;
204          (C) ensures, using industry standard security measures, that the date of birth of a
205     registered voter that is obtained from the list of registered voters may not be accessed by a
206     person other than a qualified person;
207          (D) verifies that each qualified person, other than a qualified person described in
208     Subsection (4)(a)(i) or (v), to whom the person provides the date of birth of a registered voter
209     that is obtained from the list of registered voters, will only use the date of birth to verify the
210     accuracy of personal information submitted by an individual or to confirm the identity of a
211     person in order to prevent fraud, waste, or abuse;
212          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
213     person provides the date of birth of a registered voter that is obtained from the list of registered

214     voters, will only use the date of birth in the qualified person's capacity as a government official
215     or government employee; and
216          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
217     person provides the date of birth of a registered voter that is obtained from the list of registered
218     voters, will only use the date of birth for a political purpose.
219          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
220     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
221     the list of registered voters to a qualified person under this section, include, with the list, the
222     dates of birth of the registered voters, if:
223          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
224     the person is a qualified person; and
225          (ii) the qualified person signs a document that includes the following:
226          (A) the name, address, and telephone number of the person requesting the list of
227     registered voters;
228          (B) an indication of the type of qualified person that the person requesting the list
229     claims to be;
230          (C) a statement regarding the purpose for which the person desires to obtain the dates
231     of birth;
232          (D) a list of the purposes for which the date of birth of a registered voter that is
233     obtained from the list of registered voters may be used;
234          (E) a statement that the date of birth of a registered voter that is obtained from the list
235     of registered voters may not be provided or used for a purpose other than a purpose described
236     under Subsection (4)(b)(ii)(D);
237          (F) a statement that if the person obtains the date of birth of a registered voter from the
238     list of registered voters under false pretenses, or provides or uses the date of birth of a
239     registered voter that is obtained from the list of registered voters in a manner that is prohibited
240     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
241          (G) an assertion from the person that the person will not provide or use the date of birth
242     of a registered voter that is obtained from the list of registered voters in a manner that is
243     prohibited by law; and
244          (H) notice that if the person makes a false statement in the document, the person is

245     punishable by law under Section 76-8-504.
246          (c) The lieutenant governor or a county clerk may not disclose the date of birth of a
247     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
248          (i) is not a qualified person or a person described in Subsection (4)(k); or
249          (ii) will provide or use the date of birth in a manner prohibited by law.
250          (d) The lieutenant governor or a county clerk may not disclose the voter registration
251     form of a person, or information included in the person's voter registration form, whose voter
252     registration form is classified as private under Subsection (4)(f) to a person other than a
253     government official or government employee acting in the government official's or government
254     employee's capacity as a government official or government employee.
255          (e) A person is guilty of a class A misdemeanor if the person:
256          (i) obtains the date of birth of a registered voter from the list of registered voters under
257     false pretenses; or
258          (ii) uses or provides the date of birth of a registered voter that is obtained from the list
259     of registered voters, in a manner that is not permitted by law.
260          (f) The lieutenant governor or a county clerk shall classify the voter registration record
261     of a voter as a private record if the voter submits:
262          (i) a written application, created by the lieutenant governor, requesting that the voter's
263     voter registration record be classified as private; and
264          (ii) provides evidence to the lieutenant governor or a county clerk establishing that
265     release of the information on the voter's voter registration record is likely to put the voter or a
266     member of the voter's household's life or safety at risk, or to put the voter or a member of the
267     voter's household at risk of being stalked or harassed.
268          (g) The evidence described in Subsection (4)(f) may include:
269          (i) a protective order;
270          (ii) a police report; or
271          (iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
272     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
273     Lieutenant Governor.
274          (h) In addition to any criminal penalty that may be imposed under this section, the
275     lieutenant governor may impose a civil fine against a person who obtains the date of birth of a

276     registered voter from the list of registered voters under false pretenses, or provides or uses a
277     date of birth of a registered voter that is obtained from the list of registered voters in a manner
278     that is not permitted by law, in an amount equal to the greater of:
279          (i) the product of 30 and the square root of the total number of dates of birth obtained,
280     provided, or used unlawfully, rounded to the nearest whole dollar; or
281          (ii) $200.
282          (i) A qualified person may not obtain, provide, or use the date of birth of a registered
283     voter, if the date of birth is obtained from the list of registered voters or from a voter
284     registration record, unless the person:
285          (i) is a government official or government employee who obtains, provides, or uses the
286     date of birth in the government official's or government employee's capacity as a government
287     official or government employee;
288          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
289     uses the date of birth only to verify the accuracy of personal information submitted by an
290     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
291          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
292     uses the date of birth for a political purpose; or
293          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
294     uses the date of birth to provide the date of birth to another qualified person to verify the
295     accuracy of personal information submitted by an individual or to confirm the identity of a
296     person in order to prevent fraud, waste, or abuse.
297          (j) A person who is not a qualified person may not obtain, provide, or use the date of
298     birth of a registered voter, if the date of birth is obtained from the list of registered voters or
299     from a voter registration record, unless the person:
300          (i) is a candidate for public office and uses the date of birth only for a political purpose;
301     or
302          (ii) obtains the date of birth from a political party or a candidate for public office and
303     uses the date of birth only for the purpose of assisting the political party or candidate for public
304     office to fulfill a political purpose.
305          (k) The lieutenant governor or a county clerk may provide a date of birth to a member
306     of the media, in relation to an individual designated by the member of the media, in order for

307     the member of the media to verify the identity of the individual.
308          (5) When political parties not listed on the voter registration form qualify as registered
309     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
310     lieutenant governor shall inform the county clerks about the name of the new political party
311     and direct the county clerks to ensure that the voter registration form is modified to include that
312     political party.
313          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
314     clerk's designee shall:
315          (a) review each voter registration form for completeness and accuracy; and
316          (b) if the county clerk believes, based upon a review of the form, that [a person] an
317     individual may be seeking to register or preregister to vote who is not legally entitled to register
318     or preregister to vote, refer the form to the county attorney for investigation and possible
319     prosecution.
320          Section 3. Section 20A-2-108 is amended to read:
321          20A-2-108. Driver license registration form -- Transmittal of information.
322          (1) The lieutenant governor and the Driver License Division shall design the driver
323     license application and renewal forms to include the [question] following questions:
324          (a) "If you are not registered to vote where you live now, would you like to register to
325     vote today?"; and
326          (b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
327     the next election, would you like to preregister to vote today?"
328          (2) (a) The lieutenant governor and the Driver License Division shall design a motor
329     voter registration form to be used in conjunction with driver license application and renewal
330     forms.
331          (b) Each driver license application and renewal form shall contain:
332          (i) a place for the applicant to decline to register or preregister to vote;
333          (ii) an eligibility statement in substantially the following form:
334          "I do swear (or affirm), subject to penalty of law for false statements, that the
335     information contained in this form is true, and that I am a citizen of the United States and a
336     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
337     am preregistering to vote in a later election, I will be at least 18 years [old] of age and will have

338     resided in Utah for 30 days immediately before the next election.
339     Signed and sworn
340     ____________________________________________________
341                    Voter's Signature
342     __________(month\day\year)";
343          (iii) a citizenship affidavit in substantially the following form:
344     
"CITIZENSHIP AFFIDAVIT

345     Name:
346     Name at birth, if different:
347     Place of birth:
348     Date of birth:
349     Date and place of naturalization (if applicable):
350          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
351     citizen and that to the best of my knowledge and belief the information above is true and
352     correct.
353     ____________________________
354     Signature of Applicant
355          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
356     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
357     register or preregister to vote is up to one year in jail and a fine of up to $2,500";
358          (iv) a statement that if an applicant declines to register or preregister to vote, the fact
359     that the applicant has declined to register or preregister will remain confidential and will be
360     used only for voter registration purposes;
361          (v) a statement that if an applicant does register or preregister to vote, the office at
362     which the applicant submits a voter registration application will remain confidential and will be
363     used only for voter registration purposes; and
364          (vi) the following statement:
365          "The portion of a voter registration form that lists a person's driver license or
366     identification card number, Social Security number, and email address is a private record. The
367     portion of a voter registration form that lists a person's date of birth is a private record, the use
368     of which is restricted to government officials, government employees, political parties, or

369     certain other persons.
370          If you believe that disclosure of any information contained in this voter registration
371     form to a person other than a government official or government employee is likely to put you
372     or a member of your household's life or safety at risk, or to put you or a member of your
373     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
374     county clerk to have your entire voter registration record classified as private."
375          (3) Upon receipt of a voter registration form from an applicant, the county clerk or the
376     clerk's designee shall:
377          (a) review the voter registration form for completeness and accuracy; and
378          (b) if the county clerk believes, based upon a review of the form, that a person may be
379     seeking to register or preregister to vote who is not legally entitled to register or preregister to
380     vote, refer the form to the county attorney for investigation and possible prosecution.
381          Section 4. Section 20A-2-201 is amended to read:
382          20A-2-201. Registering to vote at office of county clerk.
383          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
384     individual who registers in person at the county clerk's office during designated office hours if
385     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
386     the county in accordance with Section 20A-2-101.
387          (2) If an individual who is registering to vote submits a registration form in person at
388     the office of the county clerk during designated office hours, during the period beginning on
389     the date after the voter registration deadline and ending on the date that is 15 calendar days
390     before the date of the election, the county clerk shall:
391          (a) accept [a registration form from each individual who submits a registration form in
392     person at the clerk's office during designated office hours] the form if the individual, on the
393     date of the election, will be legally qualified and entitled to vote in a voting precinct in the
394     county; and
395          (b) inform the individual that the individual will be registered to vote in the pending
396     election.
397          (3) If an individual who is registering to vote and who will be legally qualified and
398     entitled to vote in a voting precinct in the county on the date of an election appears in person,
399     during designated office hours, and submits a registration form on the date of the election or

400     during the 14 calendar days before an election, the county clerk shall:
401          (a) accept the registration form; and
402          (b) (i) if it is more than seven calendar days before the date of an election:
403          (A) inform the individual that the individual is registered to vote in the pending
404     election; and
405          (B) for the pending election, the individual must vote on the day of the election and is
406     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
407     individual registered too late; or
408          (ii) except as provided in Subsection 20A-4-108(5), if it is on the date of an election or
409     during the seven calendar days before an election, inform the individual that the individual will
410     be registered to vote but may not vote in the pending election because the individual registered
411     too late.
412          Section 5. Section 20A-2-202 is amended to read:
413          20A-2-202. Registration by mail.
414          (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
415          (b) To register by mail, a citizen shall complete and sign the by-mail registration form
416     and mail or deliver it to the county clerk of the county in which the citizen resides.
417          (c) In order to register to vote in a particular election, the citizen shall:
418          (i) address the by-mail voter registration form to the county clerk; and
419          (ii) ensure that it is postmarked on or before the voter registration deadline.
420          (d) The citizen has effectively registered to vote under this section only when the
421     county clerk's office has received a correctly completed by-mail voter registration form.
422          (2) Upon receipt of a correctly completed by-mail voter registration form, the county
423     clerk shall, unless the individual named in the form is preregistering to vote:
424          (a) enter the applicant's name on the list of registered voters for the voting precinct in
425     which the applicant resides; and
426          (b) mail confirmation of registration to the newly registered voter after entering the
427     applicant's voting precinct number on that copy.
428          (3) (a) Except as provided in Subsection 20A-4-108(6), if the county clerk receives a
429     correctly completed by-mail voter registration form that is postmarked after the voter
430     registration deadline, the county clerk shall, unless the individual named in the form is

431     preregistering to vote:
432          (i) register the applicant after the next election; and
433          (ii) if possible, promptly phone or mail a notice to the applicant before the election,
434     informing the applicant that his registration will not be effective until after the election.
435          (b) When the county clerk receives a correctly completed by-mail voter registration
436     form at least seven days before an election that is postmarked on or before the date of the voter
437     registration deadline, the county clerk shall:
438          (i) process the by-mail voter registration form; and
439          (ii) record the new voter in the official register.
440          (4) If the county clerk determines that a registration form received by mail or otherwise
441     is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
442     the person attempting to register or preregister, stating that the person has not been registered
443     or preregistered because of an error or because the form is incomplete.
444          Section 6. Section 20A-2-204 is amended to read:
445          20A-2-204. Registering to vote when applying for or renewing a driver license.
446          (1) As used in this section, "voter registration form" means the driver license
447     application/voter registration form and the driver license renewal/voter registration form
448     required by Section 20A-2-108.
449          (2) Any citizen who is qualified to vote may register to vote, and any citizen who is
450     qualified to preregister to vote may preregister to vote, by completing the voter registration
451     form.
452          (3) The Driver License Division shall:
453          (a) assist applicants in completing the voter registration form unless the applicant
454     refuses assistance;
455          (b) accept a completed [forms for transmittal to the appropriate election official] voter
456     registration form and transmit the form to the county clerk of the county in which the applicant
457     resides within five days after the day on which the division receives the form;
458          [(c) transmit a copy of each voter registration form to the appropriate election official
459     within five days after it is received by the division;]
460          [(d)] (c) transmit each address change within five days after [it is received by the
461     division] the day on which the division receives the address change; and

462          [(e)] (d) transmit electronically to the lieutenant governor's office the name, address,
463     birth date, and driver license number of each [person] individual who answers "yes" to [the] a
464     question [on the driver license form about registering to vote] described in Subsection
465     20A-2-108(1), and indicate whether the individual is registering or preregistering to vote.
466          (4) (a) Upon receipt of a correctly completed voter registration form from an individual
467     who is registering to vote, the county clerk shall:
468          [(a)] (i) enter the applicant's name on the list of registered voters for the voting precinct
469     in which the applicant resides; and
470          [(b)] (ii) notify the applicant of registration.
471          (b) Upon receipt of a correctly completed voter registration form from an individual
472     who is preregistering to vote, the county clerk shall process the form in accordance with the
473     requirements of Section 20A-2-101.1.
474          (5) (a) Except as provided in Subsection 20A-4-108(7), if the county clerk receives a
475     correctly completed voter registration form that is dated after the voter registration deadline,
476     the county clerk shall, unless the individual named in the form is preregistering to vote:
477          (i) register the applicant after the next election; and
478          (ii) if possible, promptly phone or mail a notice to the applicant before the election,
479     informing the applicant that his registration will not be effective until after the election.
480          (b) When the county clerk receives a correctly completed voter registration form at
481     least seven days before an election that is dated on or before the voter registration deadline, the
482     county clerk shall, unless the individual named in the form is preregistering to vote:
483          (i) process the voter registration form; and
484          (ii) record the new voter in the official register.
485          (6) If the county clerk determines that a voter registration form received from the
486     Driver License Division is incorrect because of an error or because it is incomplete, the county
487     clerk shall mail notice to the [person] individual attempting to register or preregister to vote,
488     stating that the [person] individual has not been registered or preregistered because of an error
489     or because the form is incomplete.
490          Section 7. Section 20A-2-205 is amended to read:
491          20A-2-205. Registration at voter registration agencies.
492          (1) As used in this section:

493          (a) "Discretionary voter registration agency" means [each office designated by the
494     county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
495     by-mail voter registration forms to the public] the same as that term is defined in Section
496     20A-2-300.5.
497          (b) "Public assistance agency" means each office in Utah that provides:
498          (i) public assistance; or
499          (ii) state funded programs primarily engaged in providing services to people with
500     disabilities.
501          (2) [Any person] An individual may obtain and complete a by-mail registration form at
502     a public assistance agency or discretionary voter registration agency.
503          (3) Each public assistance agency and discretionary voter registration agency shall
504     provide, either as part of existing forms or on a separate form, the following information in
505     substantially the following form:
506          "REGISTERING TO VOTE
507          If you are not registered to vote where you live now, would you like to apply to register
508     or preregister to vote here today? [(Applying to register to vote or declining to register to vote]
509     (The decision of whether to register or preregister to vote will not affect the amount of
510     assistance that you will be provided by this agency.) Yes____ No____ IF YOU DO NOT
511     CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
512     REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you would like help in filling
513     out the voter registration [application] form, we will help you. The decision about whether [or
514     not] to seek or accept help is yours. You may fill out the application form in private. If you
515     believe that someone has interfered with your right to register or preregister or to decline to
516     register or preregister to vote, your right to privacy in deciding whether [or not] to register or
517     preregister, or in applying to register or preregister to vote, or your right to choose your own
518     political party or other political preference, you may file a complaint with the Office of the
519     Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
520     of the Office of the Lieutenant Governor)."
521          (4) Unless a person applying for service or assistance from a public assistance agency
522     or discretionary voter registration agency declines, in writing, to register or preregister to vote,
523     each public assistance agency and discretionary voter registration agency shall:

524          (a) distribute a by-mail voter registration form with each application for service or
525     assistance provided by the agency or office;
526          (b) assist applicants in completing the voter registration form unless the applicant
527     refuses assistance;
528          (c) accept completed forms for transmittal to the appropriate election official; and
529          (d) transmit a copy of each voter registration form to the appropriate election official
530     within five days after it is received by the division.
531          (5) A person in a public assistance agency or a discretionary voter registration agency
532     that helps a person complete the voter registration form may not:
533          (a) seek to influence an applicant's political preference or party registration;
534          (b) display any political preference or party allegiance;
535          (c) make any statement to an applicant or take any action that has the purpose or effect
536     of discouraging the applicant from registering to vote; or
537          (d) make any statement to an applicant or take any action that has the purpose or effect
538     of leading the applicant to believe that a decision [to register or not to register] of whether to
539     register or preregister has any bearing upon the availability of services or benefits.
540          (6) Upon receipt of a correctly completed voter registration form, the county clerk
541     shall, unless the individual named in the form is preregistering to vote:
542          (a) enter the applicant's name on the list of registered voters for the voting precinct in
543     which the applicant resides; and
544          (b) notify the applicant of registration.
545          (7) (a) Except as provided in Subsection 20A-4-108(8), if the county clerk receives a
546     correctly completed voter registration form that is dated after the voter registration deadline,
547     the county clerk shall, unless the individual named in the form is preregistering to vote:
548          (i) register the applicant after the next election; and
549          (ii) if possible, promptly phone or mail a notice to the applicant before the election,
550     informing the applicant that his registration will not be effective until after the election.
551          (b) When the county clerk receives a correctly completed voter registration form at
552     least seven days before an election that is dated on or before the voter registration deadline, the
553     county clerk shall:
554          (i) process the voter registration form; and

555          (ii) record the new voter in the official register.
556          (8) If the county clerk determines that a voter registration form received from a public
557     assistance agency or discretionary voter registration agency is incorrect because of an error or
558     because it is incomplete, the county clerk shall mail notice to the [person] individual
559     attempting to register or preregister to vote, stating that the [person] individual has not been
560     registered or preregistered to vote because of an error or because the form is incomplete.
561          Section 8. Section 20A-2-206 is amended to read:
562          20A-2-206. Electronic registration -- Requests for absentee ballot application.
563          (1) The lieutenant governor may create and maintain an electronic system [for voter
564     registration and requesting] that is publicly available on the Internet for an individual to apply
565     for voter registration or preregistration and for an individual to request an absentee ballot [that
566     is publicly available on the Internet].
567          (2) An electronic system for voter registration or preregistration shall require:
568          (a) that an applicant have a valid driver license or identification card, issued under Title
569     53, Chapter 3, Uniform Driver License Act, that reflects the [person's] applicant's current
570     principal place of residence;
571          (b) that the applicant provide the information required by Section 20A-2-104, except
572     that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
573     and (4);
574          (c) that the applicant attest to the truth of the information provided; and
575          (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
576     applicant's:
577          (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
578     Uniform Driver License Act, for voter registration purposes; or
579          (ii) signature on file in the lieutenant governor's statewide voter registration database
580     developed under Section 20A-2-109.
581          (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
582     voter registration or preregistration created under this section is not required to complete a
583     printed registration form.
584          (4) A system created and maintained under this section shall provide the notices
585     concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).

586          (5) The lieutenant governor shall:
587          (a) obtain a digital copy of the applicant's driver license or identification card signature
588     from the Driver License Division; or
589          (b) ensure that the applicant's signature is already on file in the lieutenant governor's
590     statewide voter registration database developed under Section 20A-2-109.
591          (6) The lieutenant governor shall send the information to the county clerk for the county
592     in which the applicant's principal place of residence is found for further action as required by
593     Section 20A-2-304 after:
594          (a) receiving all information from an applicant; and
595          (b) (i) receiving all information from the Driver License Division; or
596          (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
597     statewide voter registration database developed under Section 20A-2-109.
598          (7) The lieutenant governor may use additional security measures to ensure the
599     accuracy and integrity of an electronically submitted voter registration.
600          (8) (a) If an individual applies to register under this section during the period beginning
601     on the date after the voter registration deadline and ending on the date that is 15 calendar days
602     before the date of an election, the county clerk shall, unless the individual is preregistering to
603     vote:
604          (i) accept the application for registration if the individual, on the date of the election,
605     will be legally qualified and entitled to vote in a voting precinct in the state; and
606          (ii) inform the individual that the individual is registered to vote in the pending
607     election.
608          (b) If an individual applies to register under this section during the period beginning on
609     the date that is 14 calendar days before the election and ending on the date that is seven
610     calendar days before the election, the county clerk shall, unless the individual is preregistering
611     to vote:
612          (i) accept the application for registration if the individual, on the date of the election,
613     will be legally qualified and entitled to vote in a voting precinct in the state; and
614          (ii) inform the individual that:
615          (A) the individual is registered to vote in the pending election; and
616          (B) for the pending election, the individual must vote on the day of the election and is

617     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
618     individual registered too late.
619          (c) Except as provided in Subsection 20A-4-108(9), if an individual applies to register
620     under this section during the six calendar days before an election, the county clerk shall, unless
621     the individual is preregistering to vote:
622          (i) accept the application for registration if the individual, on the date of the election,
623     will be legally qualified and entitled to vote in a voting precinct in the state; and
624          (ii) inform the individual that the individual is registered to vote but may not vote in
625     the pending election because the individual registered too late.
626          (9) (a) A registered voter may file an application for an absentee ballot in accordance
627     with Section 20A-3-304 on the electronic system for voter registration established under this
628     section.
629          (b) The lieutenant governor shall provide a means by which a registered voter shall
630     sign the application form as provided in Section 20A-3-304.
631          Section 9. Section 20A-2-302 is amended to read:
632          20A-2-302. Voter registration forms for high school students.
633          (1) (a) [The] A county clerk may:
634          (i) contact each high school and each accredited nonpublic high school in the county;
635          (ii) determine the number of high school seniors; and
636          (iii) distribute by-mail voter registration forms to each accredited public or private high
637     school in an amount sufficient for distribution to each high school senior.
638          (b) The county clerk shall [keep on file the returned high school student by-mail voter
639     registration forms until the applicant turns 18 years old and then register the applicant to vote]
640     process a voter registration form received from an individual under this section in accordance
641     with Section 20A-2-101.1.
642          (2) Each public school and accredited nonpublic school may:
643          (a) include the by-mail voter registration form in the senior registration packet; and
644          (b) collect and forward completed by-mail voter registration forms to the county clerk.
645          Section 10. Section 20A-2-401 is amended to read:
646          20A-2-401. Fraudulent registration -- Penalty.
647          (1) [A person] (a) An individual may not willfully register to vote, or cause, procure,

648     or allow himself or herself to be registered to vote, knowing that [he] the individual is not
649     eligible to register to vote under Section 20A-2-101.
650          [(2)] (b) A person may not willfully cause, procure, advise, encourage, or assist any
651     [other person] individual to be registered to vote, knowing or believing that the [person]
652     individual is not eligible to register to vote under Section 20A-2-101.
653          (2) (a) An individual may not willfully preregister to vote, or allow himself or herself
654     to be preregistered to vote, knowing that the individual is not eligible to preregister to vote
655     under Section 20A-2-101.1.
656          (b) A person may not willfully cause, advise, encourage, or assist an individual to
657     preregister to vote, knowing or believing that the individual is not eligible to preregister to vote
658     under Section 20A-2-101.1.
659          (3) [Any] A person who violates this section is guilty of a class A misdemeanor.
660          Section 11. Section 20A-4-108 is amended to read:
661          20A-4-108. Election day voter registration pilot project.
662          (1) There is created, beginning on June 1, 2014, and ending on January 1, 2017, an
663     election day voter registration pilot project, as described in this section.
664          (2) A county may participate in the pilot project if the county clerk submits to the
665     lieutenant governor a written application to participate in the pilot project that contains:
666          (a) the name of the county;
667          (b) a request that the county be permitted to participate in the pilot project;
668          (c) an estimate of the extent to which election day voter registration may increase voter
669     participation; and
670          (d) any other reasons that the county desires to participate in the project.
671          (3) A municipality may participate in the pilot project for a municipal election if the
672     municipal clerk submits to the lieutenant governor a written application to participate in the
673     pilot project that contains:
674          (a) the name of the municipality;
675          (b) a request that the municipality be permitted to participate in the pilot project;
676          (c) an estimate of the extent to which election day voter registration may increase voter
677     participation; and
678          (d) any other reasons that the municipality desires to participate in the project.

679          (4) Within 10 business days after the day on which the lieutenant governor receives an
680     application described in Subsection (2) or (3), the lieutenant governor shall approve the
681     application if:
682          (a) the application complies with the requirements described in Subsection (2) or (3),
683     as applicable; and
684          (b) the lieutenant governor determines, based on the information contained in the
685     application, that implementing the pilot project in the county or municipality:
686          (i) will yield valuable information to determine whether election day voter registration
687     should be implemented on a permanent, statewide basis; and
688          (ii) will not adversely affect the rights of voters or candidates.
689          (5) For a county or municipality that is approved by the lieutenant governor to
690     participate in the pilot project, if, under Subsection 20A-2-201(3)(b)(ii), a registration form is
691     submitted to the county clerk on the date of the election or during the seven calendar days
692     before an election, the county clerk shall, unless the individual named in the form is
693     preregistering to vote:
694          (a) if the person desires to vote in the pending election, inform the person that the
695     person must, on election day, register to vote by casting a provisional ballot in accordance with
696     Subsection (10); or
697          (b) if the person does not desire to vote in the pending election:
698          (i) accept a registration form from the person if, on the date of the election, the person
699     will be legally qualified and entitled to vote in a voting precinct in the county or municipality;
700     and
701          (ii) inform the person that the person will be registered to vote but may not vote in the
702     pending election because the person registered too late and chose not to register and vote as
703     described in Subsection (5)(a).
704          (6) For a county or municipality that is approved by the lieutenant governor to
705     participate in the pilot project, if, under Subsection 20A-2-202(3)(a), the county clerk receives
706     a correctly completed by-mail voter registration form that is postmarked after the voter
707     registration deadline, the county clerk shall, unless the individual named in the form is
708     preregistering to vote:
709          (a) unless the applicant registers on election day by casting a provisional ballot in

710     accordance with Subsection (10), register the applicant for the next election; and
711          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
712     election, informing the applicant that:
713          (i) the applicant's registration will not be effective until after the election; and
714          (ii) the applicant may register to vote on election day by casting a provisional ballot in
715     accordance with Subsection (10).
716          (7) For a county or municipality that is approved by the lieutenant governor to
717     participate in the pilot project, if, under Subsection 20A-2-204(5)(a), the county clerk receives
718     a correctly completed voter registration form that is dated after the voter registration deadline,
719     the county clerk shall, unless the individual named in the form is preregistering to vote:
720          (a) unless the applicant registers to vote on election day by casting a provisional ballot
721     in accordance with Subsection (10), register the applicant after the next election; and
722          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
723     election, informing the applicant that:
724          (i) the applicant's registration will not be effective until after the election; and
725          (ii) the applicant may register to vote on election day by casting a provisional ballot in
726     accordance with Subsection (10).
727          (8) For a county or municipality that is approved by the lieutenant governor to
728     participate in the pilot project, if, under Subsection 20A-2-205(7)(a), the county clerk receives
729     a correctly completed voter registration form that is dated after the voter registration deadline,
730     the county clerk shall, unless the individual named in the form is preregistering to vote:
731          (a) unless the applicant registers to vote on election day by casting a provisional ballot
732     in accordance with Subsection (10), register the applicant after the next election; and
733          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
734     election, informing the applicant that:
735          (i) the applicant's registration will not be effective until after the election; and
736          (ii) the applicant may register to vote on election day by casting a provisional ballot in
737     accordance with Subsection (10).
738          (9) For a county or municipality that is approved by the lieutenant governor to
739     participate in the pilot project, if, under Subsection 20A-2-206(8)(c), an individual applies to
740     register to vote under this section during the six calendar days before an election, the county

741     clerk shall:
742          (a) if the individual desires to vote in the pending election, inform the individual that
743     the individual must, on election day, register to vote by casting a provisional ballot in
744     accordance with Subsection (10); or
745          (b) if the individual does not desire to vote in the pending election:
746          (i) accept the application for registration if the individual, on the date of the election,
747     will be legally qualified and entitled to vote in a voting precinct in the state; and
748          (ii) inform the individual that the individual is registered to vote but may not vote in
749     the pending election because the individual registered too late and chose not to register and
750     vote as described in Subsection (9)(a).
751          (10) For a county or municipality that is approved by the lieutenant governor to
752     participate in the pilot project:
753          (a) the election officer shall take the action described in Subsection (10)(b) in relation
754     to a provisional ballot if the election officer determines that:
755          (i) the person who voted the ballot is not registered to vote, but is otherwise legally
756     entitled to vote the ballot;
757          (ii) the ballot that the person voted is identical to the ballot for the precinct in which
758     the person resides;
759          (iii) the information on the ballot is complete; and
760          (iv) the person provided valid voter identification and proof of residence to the poll
761     worker;
762          (b) if a provisional ballot and the person who voted the provisional ballot comply with
763     the requirements described in Subsection (10)(a), the election officer shall:
764          (i) consider the provisional ballot a voter registration form;
765          (ii) place the ballot with the absentee ballots, to be counted with those ballots at the
766     canvass; and
767          (iii) as soon as reasonably possible, register the person to vote; and
768          (c) except as provided in Subsection (11), the election officer shall retain a provisional
769     ballot envelope, unopened, for the period specified in Section 20A-4-202, if the election officer
770     determines that the person who voted the ballot:
771          (i) (A) is not registered to vote in this state; and

772          (B) is not eligible for registration under Subsection (10); or
773          (ii) is not legally entitled to vote the ballot that the person voted.
774          (11) Subsection (10)(c) does not apply if a court orders the election officer to produce
775     or count the provisional ballot.
776          (12) For a county or municipality that is approved by the lieutenant governor to
777     participate in the pilot project, if, under Subsection 20A-4-107(4), the election officer
778     determines that the person is not registered to vote in this state, that the person is otherwise
779     legally entitled to vote, that the information on the provisional ballot envelope is complete, and
780     that the provisional ballot and the person who voted the provisional ballot do not comply with
781     the requirements described in Subsection (10)(a), the election officer shall:
782          (a) consider the provisional ballot envelope a voter registration form for the person's
783     county of residence; and
784          (b) (i) register the person if the voter's county of residence is within the county; or
785          (ii) forward the voter registration form to the election officer of the person's county of
786     residence, which election officer shall register the person.
787          (13) (a) The county clerk of a county that is approved to participate in the pilot project,
788     and the municipal clerk of a municipality that is approved to participate in the pilot project,
789     shall provide training for the poll workers of the county or municipality on administering the
790     pilot program.
791          (b) The lieutenant governor shall, for a county or municipality that is approved to
792     participate in the pilot project, provide information relating to the pilot project in accordance
793     with the provisions of Subsection 67-1a-2(2)(a)(iv).
794          (14) The lieutenant governor and each county and municipality that is approved by the
795     lieutenant governor to participate in the pilot project shall:
796          (a) report to the Government Operations Interim Committee, on or before October 31
797     of each year that the pilot project is in effect, regarding:
798          (i) the implementation of the pilot project;
799          (ii) the number of ballots cast by voters who registered on election day;
800          (iii) any difficulties resulting from the pilot project; and
801          (iv) whether, in the opinion of the lieutenant governor, the county, or the municipality,
802     the state would benefit from implementing election day voter registration permanently and on a

803     statewide basis; and
804          (b) on or before December 31, 2016, report to the Legislative Management Committee
805     regarding the matters described in Subsection (14)(a).
806          (15) During the 2016 interim, the Government Operations Interim Committee shall
807     study and make a recommendation to the Legislature regarding whether to implement statewide
808     election day voter registration on a permanent, statewide basis.
809          Section 12. Section 63G-2-302 is amended to read:
810          63G-2-302. Private records.
811          (1) The following records are private:
812          (a) records concerning an individual's eligibility for unemployment insurance benefits,
813     social services, welfare benefits, or the determination of benefit levels;
814          (b) records containing data on individuals describing medical history, diagnosis,
815     condition, treatment, evaluation, or similar medical data;
816          (c) records of publicly funded libraries that when examined alone or with other records
817     identify a patron;
818          (d) records received by or generated by or for:
819          (i) the Independent Legislative Ethics Commission, except for:
820          (A) the commission's summary data report that is required under legislative rule; and
821          (B) any other document that is classified as public under legislative rule; or
822          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
823     unless the record is classified as public under legislative rule;
824          (e) records received by, or generated by or for, the Independent Executive Branch
825     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
826     of Executive Branch Ethics Complaints;
827          (f) records received or generated for a Senate confirmation committee concerning
828     character, professional competence, or physical or mental health of an individual:
829          (i) if, prior to the meeting, the chair of the committee determines release of the records:
830          (A) reasonably could be expected to interfere with the investigation undertaken by the
831     committee; or
832          (B) would create a danger of depriving a person of a right to a fair proceeding or
833     impartial hearing; and

834          (ii) after the meeting, if the meeting was closed to the public;
835          (g) employment records concerning a current or former employee of, or applicant for
836     employment with, a governmental entity that would disclose that individual's home address,
837     home telephone number, Social Security number, insurance coverage, marital status, or payroll
838     deductions;
839          (h) records or parts of records under Section 63G-2-303 that a current or former
840     employee identifies as private according to the requirements of that section;
841          (i) that part of a record indicating a person's Social Security number or federal
842     employer identification number if provided under Section 31A-23a-104, 31A-25-202,
843     31A-26-202, 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
844          (j) that part of a voter registration record identifying a voter's:
845          (i) driver license or identification card number;
846          (ii) Social Security number, or last four digits of the Social Security number;
847          (iii) email address; or
848          (iv) date of birth;
849          (k) a voter registration record that is classified as a private record by the lieutenant
850     governor or a county clerk under Subsection 20A-2-104(4)(f) or 20A-1-101.1(5)(a);
851          (l) a record that:
852          (i) contains information about an individual;
853          (ii) is voluntarily provided by the individual; and
854          (iii) goes into an electronic database that:
855          (A) is designated by and administered under the authority of the Chief Information
856     Officer; and
857          (B) acts as a repository of information about the individual that can be electronically
858     retrieved and used to facilitate the individual's online interaction with a state agency;
859          (m) information provided to the Commissioner of Insurance under:
860          (i) Subsection 31A-23a-115(2)(a);
861          (ii) Subsection 31A-23a-302(3); or
862          (iii) Subsection 31A-26-210(3);
863          (n) information obtained through a criminal background check under Title 11, Chapter
864     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;

865          (o) information provided by an offender that is:
866          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
867     Offender Registry; and
868          (ii) not required to be made available to the public under Subsection 77-41-110(4);
869          (p) a statement and any supporting documentation filed with the attorney general in
870     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
871     homeland security;
872          (q) electronic toll collection customer account information received or collected under
873     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
874     collected by a public transit district, including contact and payment information and customer
875     travel data;
876          (r) an email address provided by a military or overseas voter under Section
877     20A-16-501;
878          (s) a completed military-overseas ballot that is electronically transmitted under Title
879     20A, Chapter 16, Uniform Military and Overseas Voters Act;
880          (t) records received by or generated by or for the Political Subdivisions Ethics Review
881     Commission established in Section 11-49-201, except for:
882          (i) the commission's summary data report that is required in Section 11-49-202; and
883          (ii) any other document that is classified as public in accordance with Title 11, Chapter
884     49, Political Subdivisions Ethics Review Commission; and
885          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
886     notified of an incident or threat.
887          (2) The following records are private if properly classified by a governmental entity:
888          (a) records concerning a current or former employee of, or applicant for employment
889     with a governmental entity, including performance evaluations and personal status information
890     such as race, religion, or disabilities, but not including records that are public under Subsection
891     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
892          (b) records describing an individual's finances, except that the following are public:
893          (i) records described in Subsection 63G-2-301(2);
894          (ii) information provided to the governmental entity for the purpose of complying with
895     a financial assurance requirement; or

896          (iii) records that must be disclosed in accordance with another statute;
897          (c) records of independent state agencies if the disclosure of those records would
898     conflict with the fiduciary obligations of the agency;
899          (d) other records containing data on individuals the disclosure of which constitutes a
900     clearly unwarranted invasion of personal privacy;
901          (e) records provided by the United States or by a government entity outside the state
902     that are given with the requirement that the records be managed as private records, if the
903     providing entity states in writing that the record would not be subject to public disclosure if
904     retained by it; and
905          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
906     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
907     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult.
908          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
909     records, statements, history, diagnosis, condition, treatment, and evaluation.
910          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
911     doctors, or affiliated entities are not private records or controlled records under Section
912     63G-2-304 when the records are sought:
913          (i) in connection with any legal or administrative proceeding in which the patient's
914     physical, mental, or emotional condition is an element of any claim or defense; or
915          (ii) after a patient's death, in any legal or administrative proceeding in which any party
916     relies upon the condition as an element of the claim or defense.
917          (c) Medical records are subject to production in a legal or administrative proceeding
918     according to state or federal statutes or rules of procedure and evidence as if the medical
919     records were in the possession of a nongovernmental medical care provider.






Legislative Review Note
     as of 2-13-15 2:46 PM


Office of Legislative Research and General Counsel