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This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Tue, Feb 18, 2003 at 4:05 PM by rday. --> This document includes Senate 2nd Reading Floor Amendments (CORRECTED) incorporated into the bill on Thu, Feb 20, 2003 at 11:21 AM by rday. --> 1
5 This act modifies the Election Code by changing requirements for voter registration
6 forms and processes. The act requires the lieutenant governor to oversee responsibilities
7 established by recent federal election law, and establishes reports concerning absentee
8 ballots for military personnel and overseas citizen voters. This act makes technical
10 This act affects sections of Utah Code Annotated 1953 as follows:
12 20A-1-102, as last amended by Chapter 177, Laws of Utah 2002
13 20A-2-104, as last amended by Chapters 75 and 328, Laws of Utah 2000
14 20A-2-202, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
15 20A-2-203, as last amended by Chapter 45, Laws of Utah 1999
16 20A-2-300.6, as enacted by Chapter 311, Laws of Utah 1994
17 20A-3-105.5, as enacted by Chapter 177, Laws of Utah 2002
18 20A-3-406, as enacted by Chapter 1, Laws of Utah 1993
19 20A-9-808, as last amended by Chapter 177, Laws of Utah 2002
21 20A-3-413, Utah Code Annotated 1953
22 Be it enacted by the Legislature of the state of Utah:
23 Section 1. Section 20A-1-102 is amended to read:
24 20A-1-102. Definitions.
25 As used in this title:
26 (1) "Active voter" means a registered voter who has not been classified as an inactive
27 voter by the county clerk.
28 (2) "Automatic tabulating equipment" means apparatus that automatically examines
29 and counts votes recorded on paper ballots or ballot cards and tabulates the results.
30 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records
31 his votes and includes ballot cards, paper ballots, and secrecy envelopes.
32 (4) "Ballot card" means a ballot that can be counted using automatic tabulating
34 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
35 contain the names of offices and candidates and statements of ballot propositions to be voted
36 on and which are used in conjunction with ballot cards.
37 (6) "Ballot proposition" means opinion questions specifically authorized by the
38 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
39 that are submitted to the voters for their approval or rejection.
40 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
41 20A-4-306 to canvass election returns.
42 (8) "Bond election" means an election held for the sole purpose of approving or
43 rejecting the proposed issuance of bonds by a government entity.
44 (9) "Book voter registration form" means voter registration forms contained in a bound
45 book that are used by election officers and registration agents to register persons to vote.
46 (10) "By-mail voter registration form" means a voter registration form designed to be
47 completed by the voter and mailed to the election officer.
48 (11) "Canvass" means the review of election returns and the official declaration of
49 election results by the board of canvassers.
50 (12) "Canvassing judge" means an election judge designated to assist in counting
51 ballots at the canvass.
52 (13) "Convention" means the political party convention at which party officers and
53 delegates are selected.
54 (14) "Counting center" means one or more locations selected by the election officer in
55 charge of the election for the automatic counting of ballots.
56 (15) "Counting judge" means a judge designated to count the ballots during election
58 (16) "Counting poll watcher" means a person selected as provided in Section
59 20A-3-201 to witness the counting of ballots.
60 (17) "Counting room" means a suitable and convenient private place or room,
61 immediately adjoining the place where the election is being held, for use by the counting
62 judges to count ballots during election day.
63 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
64 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
65 (20) "County officers" means those county officers that are required by law to be
67 (21) "Election" means a regular general election, a municipal general election, a
68 statewide special election, a local special election, a regular primary election, a municipal
69 primary election, and a special district election.
70 (22) "Election Assistance Commission" means the commission established by Public
71 Law 107-252, the Help America Vote Act of 2002.
73 eligible to file declarations of candidacy and ending when the canvass is completed.
75 receiving judge.
77 (a) the lieutenant governor, for all statewide ballots;
78 (b) the county clerk or clerks for all county ballots and for certain special district and
79 school district ballots as provided in Section 20A-5-400.5 ;
80 (c) the municipal clerk for all municipal ballots and for certain special district and
81 school district ballots as provided in Section 20A-5-400.5 ; and
82 (d) the special district clerk or chief executive officer for all special district ballots that
83 are not part of a statewide, county, or municipal ballot.
87 military and overseas absentee voter registration and voting certificates, one of the tally sheets,
88 any unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
89 spoiled ballots, the ballot disposition form, and the total votes cast form.
91 in conjunction with ballots so that votes recorded by the voter are counted and tabulated by
92 automatic tabulating equipment.
94 required by Section 20A-2-306 and who has failed to respond to that notice.
96 witness the receipt and safe deposit of voted and counted ballots.
99 county court judge.
101 election, a special district election, and a bond election.
103 district, or a local school district.
105 body of a local political subdivision in which all registered voters of the local political
106 subdivision may vote.
108 (a) the city commission, city council, or town council in the traditional management
109 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
110 (b) the mayor in the council-mayor optional form of government defined in Section
111 10-3-1209 ; and
112 (c) the manager in the council-manager optional form of government defined in
113 Section 10-3-1209 .
115 special districts on the first Tuesday after the first Monday in November of each odd-numbered
116 year for the purposes established in Section 20A-1-202 .
118 (a) the city commission, city council, or town council in the traditional management
119 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
120 (b) the municipal council in the council-mayor optional form of government defined in
121 Section 10-3-1209 ; and
122 (c) the municipal council in the council-manager optional form of government defined
123 in Section 10-3-1209 .
125 law to be elected.
127 candidates for municipal office.
129 election judges to be given to voters to record their votes.
131 (a) the information on the ballot that identifies:
132 (i) the ballot as an official ballot;
133 (ii) the date of the election; and
134 (iii) the facsimile signature of the election officer; and
135 (b) the information on the ballot stub that identifies:
136 (i) the election judge's initials; and
137 (ii) the ballot number.
139 election officer that contains the information required by Section 20A-5-401 .
141 (a) the names of offices and candidates and statements of ballot propositions to be
142 voted on; and
143 (b) spaces for the voter to record his vote for each office and for or against each ballot
146 qualified to participate in an election by meeting the requirements of Title 20A, Chapter 8,
147 Political Party Formation and Procedures.
151 ballot in which the voter marks his choice.
153 (49) "Proof of identity" means some form of photo identification, such as a driver
154 license or identification card, that establishes a person's identity.
155 (50) "Proof of residence" means some official document or form, such as a driver
156 license or utility bill that establishes a person's residence.
158 (a) whose name is not listed on the official register at the polling place; or
159 (b) whose legal right to vote is challenged as provided in this title.
161 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
162 information to verify a person's legal right to vote.
164 nominees for the regular primary election are selected.
166 built into a voting machine and records the total number of movements of the operating lever.
168 performing the duties of the position for which the person was elected.
170 the official register, provides the voter with a ballot, and removes the ballot stub from the ballot
171 after the voter has voted.
173 a voter may register to vote with a satellite registrar.
175 voter registration form.
178 the first Tuesday after the first Monday in November of each even-numbered year for the
179 purposes established in Section 20A-1-201 .
181 June of each even-numbered year, at which candidates of political parties and nonpolitical
182 groups are voted for nomination.
186 printed and distributed as provided in Section 20A-5-405 .
188 register voters and perform other duties.
190 mark or punch the ballot for one or more candidates who are members of different political
193 ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy
194 of the voter's vote.
196 authority of Title 17A.
198 required by law to be elected.
200 20A-1-204 .
202 (a) is spoiled by the voter;
203 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
204 (c) lacks the official endorsement.
206 or the Legislature in which all registered voters in Utah may vote.
209 officer to the election judges when the official ballots are lost or stolen.
211 group of petitioners.
213 counting center.
215 by statute, whether that absence occurs because of death, disability, disqualification,
216 resignation, or other cause.
218 write-in candidate by following the procedures and requirements of this title.
220 election, meets the requirements of election registration, is registered to vote, and is listed in
221 the official register book.
223 machines, and ballot box.
225 is provided for the preparation of ballots and includes the voting machine enclosure or curtain.
227 (a) an apparatus in which ballot cards are used in connection with a punch device for
228 piercing the ballots by the voter;
229 (b) a device for marking the ballots with ink or another substance; or
230 (c) any other method for recording votes on ballots so that the ballot may be tabulated
231 by means of automatic tabulating equipment.
233 recording and tabulating votes cast by voters at an election.
235 witness the distribution of ballots and the voting process.
237 law within which qualified voters vote at one polling place.
239 inspecting poll watcher.
241 Title 20A, Chapter 9, Part 8.
244 the ballot according to the procedures established in this title.
245 Section 2. Section 20A-2-104 is amended to read:
246 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
247 (1) [
248 printed in substantially the following form:
249 ------------------------------------------------------------------------------------------------------------ -----
251 Are you a citizen of the United States of America? Yes No
252 Will you be 18 years old on or before election day? Yes No
253 If you checked "no" to either of the above two questions, do not complete this form.
254 Name of Voter __________________________________________________________
255 First Middle Last
256 Driver License or Identification Card Number[
257 State of issuance of Driver License or Identification Card
258 Date of Birth ______________________________________________________
259 Street Address of Principal Place of Residence
261 City County State Zip Code
262 Telephone Number (optional) _________________________
263 Last four digits of Social Security Number [
264 Place of Birth _____________________________
265 Last former address at which I was registered to vote (if known)_____________________
267 City County State Zip Code
268 Voting Precinct (if known)___________________________________________________
269 Political Party
270 .American .Democrat .Green .Independent American .Libertarian .Natural Law
271 .Reform .Populist .Republican .Socialist Workers .Unaffiliated (no political party
273 Other (Please specify) ______________________________
274 I do swear (or affirm), subject to penalty of law for false statements, that the
275 information contained in this form is true, and that I am a citizen of the United States and a
276 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
277 will have resided in Utah for 30 days immediately before the next election. I am not a
278 convicted felon currently incarcerated for commission of a felony.
279 Signed and sworn
281 Voter's Signature
283 NOTICE: IN ORDER TO BE ALLOWED TO VOTE[
285 MUST EITHER:
286 (1) INCLUDE A COPY OF A VALID FORM OF PHOTO IDENTIFICATION OR PROOF
287 OF RESIDENCE WITH THIS VOTER REGISTRATION FORM; OR
288 (2) PRESENT A VALID FORM OF PHOTO IDENTIFICATION OR PROOF OF
289 RESIDENCE TO THE ELECTION JUDGE BEFORE YOU MAY VOTE.
290 FOR OFFICIAL USE ONLY
291 Type of I.D. ____________________________
292 Voting Precinct _________________________
293 Voting I.D. Number _____________________
294 ------------------------------------------------------------------------------------------------------------ ------------
298 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file, which
299 may be electronic or some other recognized system.
300 (3) (a) Each county clerk shall retain lists of currently registered voters.
301 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
302 (c) If there are any discrepancies between the two lists, the county clerk's list is the official
304 (d) The lieutenant governor and the county clerks may charge the fees established under
305 the authority of Subsection 63-2-203 (10) to individuals who wish to obtain a copy of the list of
306 registered voters.
307 (4) When political parties not listed on the voter registration form qualify as registered
308 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
309 lieutenant governor shall inform the county clerks about the name of the new political party and
310 direct the county clerks to ensure that the voter registration form is modified to include that
311 political party.
312 Section 3. Section 20A-2-202 is amended to read:
313 20A-2-202. Registration by mail.
314 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
315 (b) To register by mail, a citizen shall complete and sign the by-mail registration form and
316 mail or deliver it to the county clerk of the county in which the citizen resides.
317 (c) S (i) s In order to register to vote in a particular election, the citizen shall:
318 S [
320 registering for the first time in the county; and
321a S (ii) IF THE VOTER IS REGISTERING FOR THE FIRST TIME IN THE COUNTY, THE CITIZEN SHALL
321c (A) SUBMIT A COPY OF A PROOF OF IDENTIFICATION OR PROOF OF RESIDENCE WITH THE
321d BY-MAIL VOTER REGISTRATION FORM; OR
321e (B) SUBMIT PROOF OF IDENTIFICATION OR PROOF OF RESIDENCE TO THE
321f ELECTION JUDGE AT THE TIME THE CITIZEN VOTES. s
322 (d) The citizen has effectively registered to vote under this section only when the county
323 clerk's office has received a correctly completed by-mail voter registration form.
324 (2) Upon receipt of a correctly completed by-mail voter registration form, the county clerk
326 (a) enter the applicant's name on the list of registered voters for the voting precinct in
327 which the applicant resides; and
328 (b) mail confirmation of registration to the newly registered voter after entering the
329 applicant's voting precinct number on that copy.
330 (3) (a) If the county clerk receives a correctly completed by-mail voter registration form
331 that is postmarked less than 20 days before an election, the county clerk shall:
332 (i) register the applicant after the next election; and
333 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
334 informing the applicant that his registration will not be effective until after the election.
335 (b) When the county clerk receives by-mail voter registration forms at least seven days
336 before an election that are postmarked at least 20 days before the election, the county clerk shall:
337 (i) process the by-mail voter registration forms; and
338 (ii) record the new voters in the official register and posting list.
339 (4) If the county clerk determines that a registration form received by mail or otherwise
340 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
341 the person attempting to register, informing him that he has not been registered because of an error
342 or because the form is incomplete.
343 Section 4. Section 20A-2-203 is amended to read:
344 20A-2-203. Satellite location -- Registration by satellite registrar.
345 (1) (a) Each county clerk shall designate [
347 locations to ensure that voters in all parts of the county have the opportunity to register to vote.
348 (b) A county clerk may designate as many satellite locations as desired.
349 (2) (a) Any person who meets the voter registration requirements may register to vote with
350 a satellite registrar at any satellite location within the person's county of residence between 8 a.m.
351 and 8 p.m.:
352 (i) on the Friday and Monday, the eighth and eleventh day, before the regular primary
353 election in counties holding a primary election;
354 (ii) on the Friday and Monday, the eighth and eleventh day, before the regular general
356 (iii) on the Friday and Monday, the eighth and eleventh day, before the municipal primary
357 election in municipalities holding a municipal primary election; and
358 (iv) on the Friday and Monday, the eighth and eleventh day, before the municipal general
360 (b) Each satellite registrar shall register to vote all persons who:
361 (i) present themselves for registration; and
362 (ii) are legally qualified and entitled to vote in that voting precinct on election day.
363 (3) For municipal elections, the municipality in which the registration is made shall pay
364 the expenses of registration.
365 Section 5. Section 20A-2-300.6 is amended to read:
366 20A-2-300.6. Chief elections officer.
367 (1) The lieutenant governor is Utah's chief elections officer.
368 (2) The lieutenant governor shall:
369 (a) oversee all of Utah's:
370 (i) voter registration activities; and
371 (ii) other responsibilities established by:
372 (A) Public Law 103-31, the National Voter Registration Act of 1993; and
373 (B) Public Law 107-252, the Help America Vote Act of 2002; and
374 (b) coordinate with local, state, and federal officials to ensure compliance with state and
375 federal election laws.
376 (3) The lieutenant governor, in cooperation with the county clerks, shall develop a general
377 program to obtain change of address information in order to remove the names of ineligible voters
378 from the official register.
379 Section 6. Section 20A-3-105.5 is amended to read:
380 20A-3-105.5. Manner of voting -- Provisional ballot.
388 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ; or
389 (b) the person's name is not found on the official register.
391 election judge shall:
392 (a) request that the person provide proof of identity and proof of residency; and
393 (b) review the proof of identity and proof of residency provided by the person.
395 their residence in the voting precinct:
396 (a) the election judge in charge of the official register shall:
397 (i) record in the official register the type of source documents that established the person's
398 proof of identity and proof of residency;
399 (ii) write the provisional ballot envelope number opposite the name of the voter in the
400 official register; and
401 (iii) direct the voter to sign his name in the election column in the official register;
402 (b) another judge shall list the ballot number and voter's name in the pollbook; and
403 (c) the election judge having charge of the ballots shall:
404 (i) endorse his initials on the stub;
405 (ii) check the name of the voter on the pollbook list with the number of the stub;
406 (iii) give the voter a ballot and a provisional ballot envelope; and
407 (iv) allow the voter to enter the voting booth.
409 ballot to a voting precinct, the election judges of that voting precinct shall give the registered voter
410 the kind of ballot that the voter is qualified to vote.
411 Section 7. Section 20A-3-406 is amended to read:
412 20A-3-406. Absentee ballots for military personnel and citizens living overseas --
413 Federal postcard applications for ballot.
414 (1) (a) Applications for absentee ballots for military voters shall be filed in the county
415 clerk's office no later than the Friday immediately before the day of election.
416 (b) Military personnel voting an absentee ballot at the office of the clerk shall apply and
417 cast their ballot no later than the day before the election.
418 (2) (a) Military voters stationed overseas and overseas citizen voters shall file an
419 application for a ballot with the county clerk no later than 20 days before the day of election.
420 (b) Upon receipt of a properly completed written application for an absentee ballot signed
421 by any military voter or overseas citizen voter, the county clerk shall mail an appropriate ballot to
422 the military voter or overseas citizen voter.
423 (c) The county clerk, at the time he furnishes the ballot, shall record, in a record book
424 provided for that purpose, the name and home address of the military voter or overseas citizen
425 voter to whom the ballot is mailed, the address mailed to, and the date of mailing the ballot.
426 (d) If the military voter or overseas citizen voter sends his application to the lieutenant
427 governor, the lieutenant governor shall forward the application to the county clerk of the county
428 where the military voter or overseas citizen voter is entitled to vote.
429 (e) If the county clerk rejects the application for an absentee ballot from a military or
430 overseas citizen voter, the county clerk shall inform the voter of the reasons for rejecting the
432 (3) Any military voter or overseas citizen voter who is physically disabled so as to be
433 unable to see or write may apply for a ballot by having a commissioned, noncommissioned, or
434 petty officer not below the rank of sergeant, or other person authorized to administer oaths to apply
435 for a ballot on the voter's behalf.
436 (4) (a) A federal postcard application issued under the authority of any Act of Congress
437 or federal regulation is acceptable, when properly executed, as an application for a ballot under this
439 (b) The county clerk shall accept the completed postcard application as an application for
440 ballots for [
441 next two even-numbered years and shall send the applicant a ballot for each [
442 elections, as required by Section 20A-3-407 .
443 (5) The county clerk shall retain the application for use at the time the ballot is received
444 from the military voter or overseas citizen voter.
445 Section 8. Section 20A-3-413 is enacted to read:
446 20A-3-413. Report on absentee ballots.
447 (1) Not later than 60 days after each regular general election, each county clerk shall
448 submit a report to the lieutenant governor indicating:
449 (a) the number of ballots sent to military and overseas citizen voters; and
450 (b) the number of ballots returned by military and overseas citizen voters that were
452 (2) Not later than 90 days after each regular general election, the lieutenant governor shall
453 submit a statewide report to the Election Assistance Commission that includes the information
454 required by Subsection (1).
455 Section 9. Section 20A-9-808 is amended to read:
456 20A-9-808. Voting.
463 Primary shall give his name, the name of the registered political party whose ballot the voter
464 wishes to vote, and, if requested, his residence, to one of the election judges.
465 (b) If an election judge does not know the person requesting a ballot and has reason to
466 doubt that person's identity, the judge shall request identification or have the voter identified by
467 a known registered voter of the district.
468 (c) If the person's right to vote is challenged as provided in Section 20A-3-202 , the judge
469 shall follow the procedures and requirements of Section 20A-3-105.5 .
471 official register shall check the official register to determine:
472 (A) whether or not the person is registered to vote; and
473 (B) whether or not the person's party affiliation designation in the official register allows
474 the voter to vote the ballot that the voter requested.
475 (ii) If the official register does not affirmatively identify the voter as being affiliated with
476 a registered political party or if the official register identifies the voter as being "unaffiliated," the
477 voter shall be considered to be "unaffiliated."
478 (b) If the voter's name is not found on the official register, the election judge shall follow
479 the procedures and requirements of Section 20A-3-105.5 .
480 (c) (i) Except as provided in Subsection [
481 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
482 requested, the election judge shall inform the voter of that fact and inform the voter of the ballot
483 or ballots that the voter's party affiliation does allow the voter to vote.
484 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official register
485 does not affirmatively identify the voter as either "unaffiliated" or affiliated with a registered
486 political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the
487 voter requests, the election judge shall ask the voter if the voter wishes to affiliate with the
488 registered political party whose ballot the voter requested, vote another registered political party
489 ballot that the voter, as "unaffiliated," is authorized to vote, or remain "unaffiliated."
490 (B) If the voter wishes to affiliate with the registered political party whose ballot the voter
491 requested, the election judge shall enter in the official register the voter's new party affiliation and
492 proceed as required by Subsection [
493 (C) If the voter wishes to vote another registered political party ballot that the unaffiliated
494 voter is authorized to vote, the election judge shall proceed as required by Subsection [
495 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot that
496 unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the voter
497 may not vote.
499 Subsection [
500 (a) the election judge in charge of the official register shall:
501 (i) write the ballot number and the name of the registered political party whose ballot the
502 voter voted opposite the name of the voter in the official register; and
503 (ii) direct the voter to sign his name in the election column in the official register;
504 (b) another judge shall list the ballot number and voter's name in the pollbook; and
505 (c) the election judge having charge of the ballots shall:
506 (i) endorse his initials on the stub;
507 (ii) check the name of the voter on the pollbook list with the number of the stub;
508 (iii) hand the voter the ballot for the registered political party that the voter requested and
509 for which the voter is authorized to vote; and
510 (iv) allow the voter to enter the voting booth.
512 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
513 voter the kind of ballot that the voter is qualified to vote.
Legislative Review Note
as of 1-22-03 1:18 PM
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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