First Substitute H.B. 255

Representative Sheryl L. Allen proposes the following substitute bill:

1 REGISTERING FOR PRIMARY ELECTIONS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Sheryl L. Allen
5 This act modifies the election code by allowing unaffiliated voters to affiliate with a
6 political party at all regular primary elections. Section 20A-2-107.5 is repealed July 1,
7 2008.
8 This act affects sections of Utah Code Annotated 1953 as follows:
9 AMENDS:
10 20A-3-104.5, as enacted by Chapter 328, Laws of Utah 2000
11 63-55b-120, as last amended by Chapter 136, Laws of Utah 2002
12 ENACTS:
13 20A-2-107.5, Utah Code Annotated 1953
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 20A-2-107.5 is enacted to read:
16 20A-2-107.5. Designating or changing party affiliation -- Regular primary
17 election.
18 (1) At any regular primary election:
19 (a) each county clerk shall provide change of party affiliation forms to the election
20 judges for each voting precinct within the county; and
21 (b) any registered voter who is classified as "unaffiliated" may affiliate with a political
22 party by completing the form and giving it to the election judge.
23 (2) An unaffiliated voter who affiliates with a political party as provided in Subsection
24 (1)(b) may vote in that party's primary election.
25 Section 2. Section 20A-3-104.5 is amended to read:

26 20A-3-104.5. Voting -- Regular primary election.
27 (1) (a) Any registered voter desiring to vote at the regular primary election shall give
28 his name, the name of the registered political party whose ballot the voter wishes to vote, and,
29 if requested, his residence, to one of the election judges.
30 (b) If an election judge does not know the person requesting a ballot and has reason to
31 doubt that person's identity, the judge shall request identification or have the voter identified by
32 a known registered voter of the district.
33 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide
34 a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
35 (2) (a) (i) When the voter is properly identified, the election judge in charge of the
36 official register shall check the official register to determine:
37 (A) whether or not the person is registered to vote; and
38 (B) whether or not the person's party affiliation designation in the official register
39 allows the voter to vote the ballot that the voter requested.
40 (ii) If the official register does not affirmatively identify the voter as being affiliated
41 with a registered political party or if the official register identifies the voter as being
42 "unaffiliated," the voter shall be considered to be "unaffiliated."
43 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
44 disruptive of the election process, the election judge shall attempt to contact the county clerk's
45 office to request oral verification of the voter's registration.
46 (ii) If oral verification is received from the county clerk's office, the judge shall record
47 the verification on the official register, determine the voter's party affiliation and the ballot that
48 the voter is qualified to vote, and perform the other administrative steps required by Subsection
49 (3).
50 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
51 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
52 requested, the election judge shall inform the voter of that fact and inform the voter of the
53 ballot or ballots that the voter's party affiliation does allow the voter to vote.
54 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
55 register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
56 registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the

57 ballot that the voter requests, the election judge shall ask the voter if the voter wishes to vote
58 another registered political party ballot that the voter, as "unaffiliated," is authorized to vote, or
59 remain "unaffiliated."
60 (B) If the voter wishes to vote another registered political party ballot that the
61 unaffiliated voter is authorized to vote, the election judge shall proceed as required by
62 Subsection (3).
63 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
64 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
65 voter may not vote.
66 (iii) For the primary [election] elections held [June 24, 2002,] in 2004, 2006, and 2008
67 only:
68 (iv) (A) [if] If the voter is listed in the official register as "unaffiliated," or if the
69 official register does not affirmatively identify the voter as either "unaffiliated" or "affiliated"
70 with a registered political party, the election judge shall ask the voter if the voter wishes to
71 affiliate with a registered political party, or remain "unaffiliated."
72 (B) If the voter wishes to affiliate with the registered political party whose ballot the
73 voter requested, the election judge shall direct the voter to complete the change of party
74 affiliation form and proceed as required by Subsection (3).
75 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
76 political party ballot that the unaffiliated voter is authorized to vote, the election judge shall
77 proceed as required by Subsection (3).
78 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
79 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
80 voter may not vote.
81 (3) If the election judge determines that the voter is registered and eligible, under
82 Subsection (2), to vote the ballot that the voter requested:
83 (a) the election judge in charge of the official register shall:
84 (i) write the ballot number and the name of the registered political party whose ballot
85 the voter voted opposite the name of the voter in the official register; and
86 (ii) direct the voter to sign his name in the election column in the official register;
87 (b) another judge shall list the ballot number and voter's name in the pollbook; and

88 (c) the election judge having charge of the ballots shall:
89 (i) endorse his initials on the stub;
90 (ii) check the name of the voter on the pollbook list with the number of the stub;
91 (iii) hand the voter the ballot for the registered political party that the voter requested
92 and for which the voter is authorized to vote; and
93 (iv) allow the voter to enter the voting booth.
94 (4) Whenever the election officer is required to furnish more than one kind of official
95 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
96 voter the kind of ballot that the voter is qualified to vote.
97 Section 3. Section 63-55b-120 is amended to read:
98 63-55b-120. Repeal dates, Title 20A.
99 (1) Section 20A-1-205 is repealed January 1, 2003.
100 (2) Section 20A-2-107.1 is repealed July 1, 2002.
101 (3) Section 20A-2-107.5 is repealed July 1, 2008.