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H.B. 258

             1     

VOTER IDENTIFICATION REQUIREMENTS

             2     
2002 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Sponsor: Rebecca D. Lockhart

             5      This act modifies the Election Code by requiring voters to show a form of valid identification
             6      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      ENACTS:
             13          20A-3-102.5, Utah Code Annotated 1953
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 20A-3-102.5 is enacted to read:
             16          20A-3-102.5. Form of valid identification.
             17          (1) As used in this section, "proper identification" means:
             18          (a) a valid Utah driver's license;
             19          (b) a valid identification card issued by any Utah agency, any other state, or the United
             20      States, if the entity is authorized by law to issue personal identification;
             21          (c) a valid United States passport;
             22          (d) a valid employee identification card issued by any agency of the United States
             23      government or any Utah agency or the agency of any Utah political subdivision;
             24          (e) a valid employee identification card containing a photograph of the voter and issued
             25      by any employer of the elector in the ordinary course of business;
             26          (f) a valid student identification card containing a photograph of the voter from any public
             27      or private college, university, or postgraduate technical or professional school located in Utah;


             28          (g) a valid Utah hunting or fishing license;
             29          (h) a valid Utah permit to carry a concealed firearm;
             30          (i) a valid pilot's license issued by the Federal Aviation Administration or other authorized
             31      agency of the United States;
             32          (j) a valid United States military identification card;
             33          (k) a certified copy of the voter's birth certificate;
             34          (l) a valid Social Security card;
             35          (m) certified naturalization documentation;
             36          (n) a certified copy of court records showing adoption, name, or sex change; or
             37          (o) personal recognition of the voter by the election judge.
             38          (2) Except as provided in Subsection (3), each voter shall present proper identification to
             39      the election judges when seeking to vote at any election.
             40          (3) (a) If a voter is unable to produce proper identification, and the voter signs a statement
             41      under oath in the form approved by the lieutenant governor, swearing or affirming that the voter
             42      is the person identified in the official register, the election judges shall allow the voter to vote.
             43          (b) Any person who falsely signs the sworn statement required by this Subsection (3) is
             44      guilty of a third degree felony.
             45          (4) The lieutenant governor shall:
             46          (a) prepare a written statement meeting the requirements of Subsection (3);
             47          (b) distribute it to the county and municipal clerks; and
             48          (c) ensure that the statement identifies clearly the penalty for falsely signing the sworn
             49      statement.
             50          Section 2. Section 20A-3-104 is amended to read:
             51           20A-3-104. Manner of voting.
             52          (1) (a) [Any] Each registered voter desiring to vote shall:
             53          (i) give his name, and, if requested, his residence, to one of the election judges[.]; and
             54          [(b) If an election judge does not know the person requesting a ballot and has reason to
             55      doubt that person's identity, the judge shall request identification or have the voter identified by
             56      a known registered voter of the district.]
             57          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the
             58      statement required by that section.


             59          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             60      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             61          (2) (a) When the voter is properly identified, the election judge in charge of the official
             62      register shall check the official register to determine whether or not the person is registered to vote.
             63          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             64      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             65      office to request oral verification of the voter's registration.
             66          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             67      verification on the official register, perform the other administrative steps required by Subsection
             68      (3), repeat the voter's name, hand the voter a ballot, and allow the voter to enter the voting booth.
             69          (3) If the election judge determines that the voter is registered:
             70          (a) the election judge in charge of the official register shall:
             71          (i) write the ballot number opposite the name of the voter in the official register; and
             72          (ii) direct the voter to sign his name in the election column in the official register;
             73          (b) another judge shall list the ballot number and voter's name in the pollbook;
             74          (c) the election judge having charge of the ballots shall:
             75          (i) endorse his initials on the stub;
             76          (ii) check the name of the voter on the pollbook list with the number of the stub;
             77          (iii) hand the voter a ballot; and
             78          (iv) allow the voter to enter the voting booth.
             79          (4) Whenever the election officer is required to furnish more than one kind of official
             80      ballot to the voting precinct, the election judges of that voting precinct shall give the registered
             81      voter the kind of ballot that the voter is qualified to vote.
             82          Section 3. Section 20A-3-104.5 is amended to read:
             83           20A-3-104.5. Voting -- Regular primary election.
             84          (1) (a) [Any] Each registered voter desiring to vote at the regular primary election shall:
             85          (i) give his name, the name of the registered political party whose ballot the voter wishes
             86      to vote, and, if requested, his residence, to one of the election judges[.]; and
             87          [(b) If an election judge does not know the person requesting a ballot and has reason to
             88      doubt that person's identity, the judge shall request identification or have the voter identified by
             89      a known registered voter of the district.]


             90          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the
             91      statement required by that section.
             92          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             93      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             94          (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
             95      register shall check the official register to determine:
             96          (A) whether or not the person is registered to vote; and
             97          (B) whether or not the person's party affiliation designation in the official register allows
             98      the voter to vote the ballot that the voter requested.
             99          (ii) If the official register does not affirmatively identify the voter as being affiliated with
             100      a registered political party or if the official register identifies the voter as being "unaffiliated," the
             101      voter shall be considered to be "unaffiliated."
             102          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             103      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             104      office to request oral verification of the voter's registration.
             105          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             106      verification on the official register, determine the voter's party affiliation and the ballot that the
             107      voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
             108          (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
             109      listed in the official register does not allow the voter to vote the ballot that the voter requested, the
             110      election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
             111      the voter's party affiliation does allow the voter to vote.
             112          (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
             113      does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
             114      political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
             115      voter requests, the election judge shall ask the voter if the voter wishes to vote another registered
             116      political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
             117          (B) If the voter wishes to vote another registered political party ballot that the unaffiliated
             118      voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
             119          (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
             120      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter


             121      may not vote.
             122          (iii) For the primary election held June 24, 2002, only:
             123          (A) if the voter is listed in the official register as "unaffiliated," or if the official register
             124      does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a registered
             125      political party, the election judge shall ask the voter if the voter wishes to affiliate with a registered
             126      political party, or remain "unaffiliated."
             127          (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
             128      requested, the election judge shall direct the voter to complete the change of party affiliation form
             129      and proceed as required by Subsection (3).
             130          (C) If the voter wishes to remain unaffiliated and wishes to vote another registered political
             131      party ballot that the unaffiliated voter is authorized to vote, the election judge shall proceed as
             132      required by Subsection (3).
             133          (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
             134      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
             135      may not vote.
             136          (3) If the election judge determines that the voter is registered and eligible, under
             137      Subsection (2), to vote the ballot that the voter requested:
             138          (a) the election judge in charge of the official register shall:
             139          (i) write the ballot number and the name of the registered political party whose ballot the
             140      voter voted opposite the name of the voter in the official register; and
             141          (ii) direct the voter to sign his name in the election column in the official register;
             142          (b) another judge shall list the ballot number and voter's name in the pollbook; and
             143          (c) the election judge having charge of the ballots shall:
             144          (i) endorse his initials on the stub;
             145          (ii) check the name of the voter on the pollbook list with the number of the stub;
             146          (iii) hand the voter the ballot for the registered political party that the voter requested and
             147      for which the voter is authorized to vote; and
             148          (iv) allow the voter to enter the voting booth.
             149          (4) Whenever the election officer is required to furnish more than one kind of official
             150      ballot to the voting precinct, the election judges of that voting precinct shall give the registered
             151      voter the kind of ballot that the voter is qualified to vote.


             152          Section 4. Section 20A-9-808 is amended to read:
             153           20A-9-808. Voting.
             154          (1) (a) [Any] Each registered voter desiring to vote at the Western States Presidential
             155      Primary shall:
             156          (i) give his name, the name of the registered political party whose ballot the voter wishes
             157      to vote, and, if requested, his residence, to one of the election judges[.]; and
             158          [(b) If an election judge does not know the person requesting a ballot and has reason to
             159      doubt that person's identity, the judge shall request identification or have the voter identified by
             160      a known registered voter of the district.]
             161          (ii) as required by Section 20A-3-102.5 , either present proper identification or sign the
             162      statement required by that section.
             163          [(c)] (b) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
             164      provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
             165          (2) (a) (i) When the voter is properly identified, the election judge in charge of the official
             166      register shall check the official register to determine:
             167          (A) whether or not the person is registered to vote; and
             168          (B) whether or not the person's party affiliation designation in the official register allows
             169      the voter to vote the ballot that the voter requested.
             170          (ii) If the official register does not affirmatively identify the voter as being affiliated with
             171      a registered political party or if the official register identifies the voter as being "unaffiliated," the
             172      voter shall be considered to be "unaffiliated."
             173          (b) (i) If the voter's name is not found on the official register and, if it is not unduly
             174      disruptive of the election process, the election judge shall attempt to contact the county clerk's
             175      office to request oral verification of the voter's registration.
             176          (ii) If oral verification is received from the county clerk's office, the judge shall record the
             177      verification on the official register, determine the voter's party affiliation and the ballot that the
             178      voter is qualified to vote, and perform the other administrative steps required by Subsection (3).
             179          (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party affiliation
             180      listed in the official register does not allow the voter to vote the ballot that the voter requested, the
             181      election judge shall inform the voter of that fact and inform the voter of the ballot or ballots that
             182      the voter's party affiliation does allow the voter to vote.


             183          (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
             184      does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
             185      political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
             186      voter requests, the election judge shall ask the voter if the voter wishes to affiliate with the
             187      registered political party whose ballot the voter requested, vote another registered political party
             188      ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
             189          (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
             190      requested, the election judge shall enter in the official register the voter's new party affiliation and
             191      proceed as required by Subsection (3).
             192          (C) If the voter wishes to vote another registered political party ballot that the unaffiliated
             193      voter is authorized to vote, the election judge shall proceed as required by Subsection (3).
             194          (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
             195      unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
             196      may not vote.
             197          (3) If the election judge determines that the voter is registered and eligible, under
             198      Subsection (2), to vote the ballot that the voter requested:
             199          (a) the election judge in charge of the official register shall:
             200          (i) write the ballot number and the name of the registered political party whose ballot the
             201      voter voted opposite the name of the voter in the official register; and
             202          (ii) direct the voter to sign his name in the election column in the official register;
             203          (b) another judge shall list the ballot number and voter's name in the pollbook; and
             204          (c) the election judge having charge of the ballots shall:
             205          (i) endorse his initials on the stub;
             206          (ii) check the name of the voter on the pollbook list with the number of the stub;
             207          (iii) hand the voter the ballot for the registered political party that the voter requested and
             208      for which the voter is authorized to vote; and
             209          (iv) allow the voter to enter the voting booth.
             210          (4) Whenever the election officer is required to furnish more than one kind of official
             211      ballot to the voting precinct, the election judges of that voting precinct shall give the registered
             212      voter the kind of ballot that the voter is qualified to vote.





Legislative Review Note
    as of 1-17-02 9:42 AM


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

Office of Legislative Research and General Counsel


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