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H.B. 352






Sponsor: Douglas C. Aagard

             6      This act modifies the Election Code to clarify that a voter may not change party
             7      affiliation at a satellite voter registration location, but shall comply with the provision
             8      regulating the process for changing party affiliation. This act eliminates the requirement
             9      that the lieutenant governor post notice of elections if notice of the election is published.
             10      This act affects sections of Utah Code Annotated 1953 as follows:
             11      AMENDS:
             12          20A-2-203, as last amended by Chapter 45, Laws of Utah 1999
             13          20A-5-101, as last amended by Chapters 40 and 362, Laws of Utah 1998
             14      Be it enacted by the Legislature of the state of Utah:
             15          Section 1. Section 20A-2-203 is amended to read:
             16           20A-2-203. Satellite location -- Registration by satellite registrar.
             17          (1) (a) Each county clerk shall designate at least one satellite location for voter
             18      registration for every 25,000 people residing within the county.
             19          (b) A county clerk may designate as many satellite locations as desired.
             20          (2) (a) Any person who meets the voter registration requirements may register to vote
             21      with a satellite registrar at any satellite location within the person's county of residence between
             22      8 a.m. and 8 p.m.:
             23          (i) on the Friday and Monday, the eighth and eleventh day, before the regular primary
             24      election in counties holding a primary election;
             25          (ii) on the Friday and Monday, the eighth and eleventh day, before the regular general
             26      election;
             27          (iii) on the Friday and Monday, the eighth and eleventh day, before the municipal

             28      primary election in municipalities holding a municipal primary election; and
             29          (iv) on the Friday and Monday, the eighth and eleventh day, before the municipal
             30      general election.
             31          (b) Each satellite registrar shall register to vote all persons who:
             32          (i) present themselves for registration; and
             33          (ii) are legally qualified and entitled to vote in that voting precinct on election day.
             34          (3) (a) Unless the voter is registering for the first time, a voter may not designate or
             35      change the voter's political party affiliation at the satellite location for voter registration on the
             36      dates established in Subsection (2)(a)(i) for primary election voter registration.
             37          (b) A voter wanting to change political party affiliation shall comply with the
             38      requirements of Section 20A-2-107 .
             39          [(3)] (4) For municipal elections, the municipality in which the registration is made
             40      shall pay the expenses of registration.
             41          Section 2. Section 20A-5-101 is amended to read:
             42           20A-5-101. Notice of election.
             43          (1) On or before February 1 in each regular general election year, the lieutenant
             44      governor shall prepare and transmit a written notice to each county clerk that:
             45          (a) designates the offices to be filled at the regular general election;
             46          (b) identifies the dates for filing a declaration of candidacy for those offices; and
             47          (c) contains a description of any ballot propositions to be decided by the voters that
             48      have qualified for the ballot as of that date.
             49          (2) (a) No later than February 10, each county clerk shall:
             50          (i) publish a notice once in a newspaper published in that county; [and] or
             51          (ii) (A) cause a copy of the notice to be posted in a conspicuous place most likely to
             52      give notice of the election to the voters in each voting precinct within the county; and
             53          (B) prepare an affidavit of that posting, showing a copy of the notice and the places
             54      where the notice was posted.
             55          (b) The notice required by Subsection (2)(a) shall:
             56          (i) designate the offices to be voted on in that election in that county, other than special
             57      district offices; and
             58          (ii) identify the dates for filing a declaration of candidacy for those offices.

             59          (3) Before each election, the election officer shall give written or printed notice of:
             60          (a) the date and place of election;
             61          (b) the hours during which the polls will be open;
             62          (c) the polling places for each voting precinct; and
             63          (d) the qualifications for persons to vote in the election.
             64          (4) To provide the notice required by Subsection (3), the election officer shall publish
             65      the notice at least two days before the election in a newspaper of general circulation common to
             66      the area or in which the election is being held.

Legislative Review Note
    as of 2-12-03 4:32 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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