H.B. 33

1

CERTIFICATION AND TESTING OF VOTING
2 EQUIPMENT
3 2002 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig W. Buttars
6 This act modifies the Election Code by requiring election officers to ensure that voting
7 equipment meets certain standards.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-5-302, as last amended by Chapter 21, Laws of Utah 1994
11 ENACTS:
12 20A-5-402.5, Utah Code Annotated 1953
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 20A-5-302 is amended to read:
15 20A-5-302. Automated voting system.
16 (1) Any county or municipal legislative body or special district board may:
17 (a) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
18 automated voting system that meets the requirements of this section; and
19 (b) use that system in any election, in all or a part of the voting precincts within its
20 boundaries, or in combination with paper ballots.
21 (2) (a) Each automated voting system shall:
22 (i) provide for voting in secrecy, except in the case of voters who have received assistance
23 as authorized by Section 20A-3-108 ;
24 (ii) permit each voter at any election to:
25 (A) vote for all persons and offices for whom and for which that voter is lawfully entitled
26 to vote;
27 (B) vote for as many persons for an office as that voter is entitled to vote; and

28 (C) vote for or against any ballot proposition upon which that voter is entitled to vote;
29 (iii) permit each voter, at presidential elections, by one mark or punch to vote for the
30 candidates of that party for president, vice president, and for their presidential electors;
31 (iv) permit each voter, at any regular general election, to vote for all the candidates of one
32 registered political party by making one mark or punch;
33 (v) permit each voter to scratch vote;
34 (vi) at elections other than primary elections, permit each voter to vote for the nominees
35 of one or more parties and for independent candidates;
36 (vii) at primary elections:
37 (A) permit each voter to vote for candidates of the political party of his choice; and
38 (B) reject any votes cast for candidates of another party;
39 (viii) prevent the voter from voting for the same person more than once for the same
40 office;
41 (ix) include automatic tabulating equipment that rejects choices recorded on a voter's ballot
42 if the number of the voter's recorded choices is greater than the number which the voter is entitled
43 to vote for the office or on the measure;
44 (x) be of durable construction, suitably designed so that it may be used safely, efficiently,
45 and accurately in the conduct of elections and counting ballots; [and]
46 (xi) when properly operated, record correctly and count accurately each vote cast[.]; and
47 (xii) meet the requirements of Section 20A-5-402.5 .
48 (b) Notwithstanding any other provisions of this section, the election officers shall ensure
49 that the ballots to be counted by means of electronic or electromechanical devices are of a size,
50 layout, texture, and printed in a type of ink or combination of inks that will be suitable for use in
51 the counting devices in which they are intended to be placed.
52 Section 2. Section 20A-5-402.5 is enacted to read:
53 20A-5-402.5. Certification of voting equipment.
54 (1) As used in this section, "voting equipment" means automatic tabulating equipment,
55 electronic voting systems, voting devices, and voting machines.
56 (2) Each election officer shall ensure that:
57 (a) the voting equipment meets the Federal Voting Systems Standards established by the
58 Federal Election Commission;

59 (b) the voting equipment used by the election officer is certified to meet those Federal
60 Voting Systems Standards by an Independent Testing Authority approved by the National
61 Association of State Election Directors; and
62 (c) the voting equipment is certified by the Lt. Governor of Utah as having met the
63 requirements of this section.
64 (3) The lieutenant governor, as chief election officer, shall ensure that all voting equipment
65 used in Utah complies with the requirements of this section.




Legislative Review Note
as of 11-15-01 8:55 AM

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

Office of Legislative Research and General Counsel

Committee Note

The Government Operations Interim Committee recommended this bill.