H.B. 175

1

VOTER IDENTIFICATION REQUIREMENTS
2 2001 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Rebecca D. Lockhart
5 This act modifies the Election Code by requiring voters to show a photo identification card
6 or their voter registration card before voting.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 20A-3-104, as enacted by Chapter 1, Laws of Utah 1993
10 20A-3-104.5, as enacted by Chapter 328, Laws of Utah 2000
11 20A-9-808, as enacted by Chapter 22, Laws of Utah 1999
12 Be it enacted by the Legislature of the state of Utah:
13 Section 1. Section 20A-3-104 is amended to read:
14 20A-3-104. Manner of voting.
15 (1) (a) Any registered voter desiring to vote shall:
16 (i) give his name, and, if requested, his residence, to one of the election judges; and
17 (ii) show the election judges a photo identification card or the voter's voter registration
18 card.
19 (b) If an election judge does not know the person requesting a ballot and has reason to
20 doubt that person's identity, the judge shall request identification or have the voter identified by
21 a known registered voter of the district.
22 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
23 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
24 (2) (a) When the voter is properly identified, the election judge in charge of the official
25 register shall check the official register to determine whether or not the person is registered to vote.
26 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
27 disruptive of the election process, the election judge shall attempt to contact the county clerk's

28 office to request oral verification of the voter's registration.
29 (ii) If oral verification is received from the county clerk's office, the judge shall record the
30 verification on the official register, perform the other administrative steps required by Subsection
31 (3), repeat the voter's name, hand the voter a ballot, and allow the voter to enter the voting booth.
32 (3) If the election judge determines that the voter is registered:
33 (a) the election judge in charge of the official register shall:
34 (i) write the ballot number opposite the name of the voter in the official register; and
35 (ii) direct the voter to sign his name in the election column in the official register;
36 (b) another judge shall list the ballot number and voter's name in the pollbook;
37 (c) the election judge having charge of the ballots shall:
38 (i) endorse his initials on the stub;
39 (ii) check the name of the voter on the pollbook list with the number of the stub;
40 (iii) hand the voter a ballot; and
41 (iv) allow the voter to enter the voting booth.
42 (4) Whenever the election officer is required to furnish more than one kind of official
43 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
44 voter the kind of ballot that the voter is qualified to vote.
45 Section 2. Section 20A-3-104.5 is amended to read:
46 20A-3-104.5. Voting -- Regular primary election.
47 (1) (a) Any registered voter desiring to vote at the regular primary election shall:
48 (i) give his name, the name of the registered political party whose ballot the voter wishes
49 to vote, and, if requested, his residence, to one of the election judges[.]; and
50 (ii) show the election judges a photo identification card or the voter's voter registration
51 card.
52 (b) If an election judge does not know the person requesting a ballot and has reason to
53 doubt that person's identity, the judge shall [request identification or] have the voter identified by
54 a known registered voter of the district.
55 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
56 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
57 (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
58 register shall check the official register to determine:

59 (A) whether or not the person is registered to vote; and
60 (B) whether or not the person's party affiliation designation in the official register allows
61 the voter to vote the ballot that the voter requested.
62 (ii) If the official register does not affirmatively identify the voter as being affiliated with
63 a registered political party or if the official register identifies the voter as being "unaffiliated," the
64 voter shall be considered to be "unaffiliated."
65 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
66 disruptive of the election process, the election judge shall attempt to contact the county clerk's
67 office to request oral verification of the voter's registration.
68 (ii) If oral verification is received from the county clerk's office, the judge shall record the
69 verification on the official register, determine the voter's party affiliation and the ballot that the
70 voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
71 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
72 listed in the official register does not allow the voter to vote the ballot that the voter requested, the
73 election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
74 the voter's party affiliation does allow the voter to vote.
75 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
76 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
77 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
78 voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
79 political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
80 (B) If the voter wishes to vote another registered political party ballot that the unaffiliated
81 voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
82 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
83 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
84 may not vote.
85 (iii) For the primary election held June 24, 2002, only:
86 (A) if the voter is listed in the official register as "unaffiliated," or if the official register
87 does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
88 political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
89 political party, or remain "unaffiliated."

90 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
91 requested, the election judge shall direct the voter to complete the change of party affiliation form
92 and proceed as required by Subsection (3).
93 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
94 party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
95 required by Subsection (3).
96 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
97 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
98 may not vote.
99 (3) If the election judge determines that the voter is registered and eligible, under
100 Subsection (2), to vote the ballot that the voter requested:
101 (a) the election judge in charge of the official register shall:
102 (i) write the ballot number and the name of the registered political party whose ballot the
103 voter voted opposite the name of the voter in the official register; and
104 (ii) direct the voter to sign his name in the election column in the official register;
105 (b) another judge shall list the ballot number and voter's name in the pollbook; and
106 (c) the election judge having charge of the ballots shall:
107 (i) endorse his initials on the stub;
108 (ii) check the name of the voter on the pollbook list with the number of the stub;
109 (iii) hand the voter the ballot for the registered political party that the voter requested and
110 for which the voter is authorized to vote; and
111 (iv) allow the voter to enter the voting booth.
112 (4) Whenever the election officer is required to furnish more than one kind of official
113 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
114 voter the kind of ballot that the voter is qualified to vote.
115 Section 3. Section 20A-9-808 is amended to read:
116 20A-9-808. Voting.
117 (1) (a) Any registered voter desiring to vote at the Western States Presidential Primary
118 shall:
119 (i) give his name, the name of the registered political party whose ballot the voter wishes
120 to vote, and, if requested, his residence, to one of the election judges[.]; and

121 (ii) show the election judges a photo identification card or the voter's voter registration
122 card.
123 (b) If an election judge does not know the person requesting a ballot and has reason to
124 doubt that person's identity, the judge shall request identification or have the voter identified by
125 a known registered voter of the district.
126 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide a
127 ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
128 (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
129 register shall check the official register to determine:
130 (A) whether or not the person is registered to vote; and
131 (B) whether or not the person's party affiliation designation in the official register allows
132 the voter to vote the ballot that the voter requested.
133 (ii) If the official register does not affirmatively identify the voter as being affiliated with
134 a registered political party or if the official register identifies the voter as being "unaffiliated," the
135 voter shall be considered to be "unaffiliated."
136 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
137 disruptive of the election process, the election judge shall attempt to contact the county clerk's
138 office to request oral verification of the voter's registration.
139 (ii) If oral verification is received from the county clerk's office, the judge shall record the
140 verification on the official register, determine the voter's party affiliation and the ballot that the
141 voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
142 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
143 listed in the official register does not allow the voter to vote the ballot that the voter requested, the
144 election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
145 the voter's party affiliation does allow the voter to vote.
146 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
147 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
148 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
149 voter requests, the election judge shall ask the voter if the voter wishes to affiliate with the
150 registered political party whose ballot the voter requested, vote another registered political party
151 ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."

152 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
153 requested, the election judge shall enter in the official register the voter's new party affiliation and
154 proceed as required by Subsection (3).
155 (C) If the voter wishes to vote another registered political party ballot that the unaffiliated
156 voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
157 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
158 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
159 may not vote.
160 (3) If the election judge determines that the voter is registered and eligible, under
161 Subsection (2), to vote the ballot that the voter requested:
162 (a) the election judge in charge of the official register shall:
163 (i) write the ballot number and the name of the registered political party whose ballot the
164 voter voted opposite the name of the voter in the official register; and
165 (ii) direct the voter to sign his name in the election column in the official register;
166 (b) another judge shall list the ballot number and voter's name in the pollbook; and
167 (c) the election judge having charge of the ballots shall:
168 (i) endorse his initials on the stub;
169 (ii) check the name of the voter on the pollbook list with the number of the stub;
170 (iii) hand the voter the ballot for the registered political party that the voter requested and
171 for which the voter is authorized to vote; and
172 (iv) allow the voter to enter the voting booth.
173 (4) Whenever the election officer is required to furnish more than one kind of official
174 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
175 voter the kind of ballot that the voter is qualified to vote.




Legislative Review Note
as of 1-22-01 5:14 PM

A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel