S.B. 55 Enrolled

PROVISIONAL BALLOT AMENDMENTS
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Dan R. Eastman
This act modifies the Election Code by changing the requirements for preparing, voting,
counting, and otherwise administering provisional ballots. The act also requires county
clerks to implement a system to inform voters who have cast a provisional ballot whether
or not their vote was counted. This act provides an effective date.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-2-102, as enacted by Chapter 1, Laws of Utah 1993
20A-2-307, as last amended by Chapter 177, Laws of Utah 2002
20A-3-105.5, as enacted by Chapter 177, Laws of Utah 2002
20A-4-107, as enacted by Chapter 177, Laws of Utah 2002
20A-6-105, as enacted by Chapter 177, Laws of Utah 2002
ENACTS:
20A-6-105.5, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-2-102 is amended to read:
20A-2-102. Registration a prerequisite to voting.
[A] (1) Except as provided in Subsection (2), a person may not vote at any election
unless that person is registered to vote as required by this chapter.
(2) A person may vote a provisional ballot as provided in Section 20A-2-307 for:
(a) a regular general election;
(b) a regular primary election; or
(c) an election for federal office.
Section 2. Section 20A-2-307 is amended to read:
20A-2-307. County clerks' instructions to election judges.
(1) Each county clerk shall instruct election judges to allow a voter to vote a regular

ballot if:
(a) the voter has moved from one address within a voting precinct to another address
within the same voting precinct; and
(b) the voter affirms the change of address orally or in writing before the election judges.
(2) Each county clerk shall instruct election judges to allow a person to vote a
provisional ballot if:
[(a) the voter is registered to vote in another voting precinct but has changed residence to
the election judge's voting precinct and has not registered to vote in that voting precinct; and]
[(b) the election judge's voting precinct is in the same county and congressional district
as the voter's previous voting precinct.]
(a) the voter's name does not appear on the official register; or
(b) the voter is challenged as provided in Section 20A-3-202 .
Section 3. Section 20A-3-105.5 is amended to read:
20A-3-105.5. Manner of voting -- Provisional ballot.
(1) As used in this section:
(a) "Proof of identity" means some form of photo identification, such as a driver license
or identification card, that establishes a person's identity.
(b) "Proof of residence" means some official document or form, such as a driver license
or utility bill that establishes a person's residence.
(2) The election judges shall follow the procedures and requirements of this section
when:
(a) the person's right to vote is challenged as provided in Section 20A-3-202 ; or
(b) the person's name is not found on the official register.
(3) When faced with one of the circumstances outlined in Subsection (2), the election
judge shall:
(a) request that the person provide proof of identity and proof of [residency] residence;
and
(b) review the proof of identity and proof of [residency] residence provided by the

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person.
(4) If the election judge is satisfied that the person has established their identity and their
residence in the voting precinct:
(a) the election judge in charge of the official register shall:
(i) record in the official register the type of source documents that established the
person's proof of identity and proof of [residency] residence;
(ii) write the provisional ballot envelope number opposite the name of the voter in the
official register; and
(iii) direct the voter to sign his name in the election column in the official register;
(b) another judge shall list the ballot number and voter's name in the pollbook; and
(c) the election judge having charge of the ballots shall:
(i) endorse his initials on the stub;
(ii) check the name of the voter on the pollbook list with the number of the stub;
(iii) give the voter a ballot and a provisional ballot envelope; and
(iv) allow the voter to enter the voting booth.
(5) If the election judge is not satisfied that the voter has provided sufficient proof of
identity and proof of residence:
(a) the election judge in charge of the official register shall:
(i) record in the official register that the voter did not provide adequate proof of identity
and proof of residence;
(ii) write the provisional ballot envelope number opposite the name of the voter in the
official register; and
(iii) direct the voter to sign his name in the election column in the official register;
(b) another judge shall list the ballot number and voter's name in the pollbook; and
(c) the election judge having charge of the ballots shall:
(i) endorse his initials on the stub;
(ii) check the name of the voter on the pollbook list with the number of the stub;
(iii) give the voter a ballot and a provisional ballot envelope; and

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(iv) allow the voter to enter the voting booth.
[(5)] (6) Whenever the election officer is required to furnish more than one kind of
official ballot to a voting precinct, the election judges of that voting precinct shall give the
registered voter the kind of ballot that the voter is qualified to vote.
Section 4. Section 20A-4-107 is amended to read:
20A-4-107. Review and disposition of provisional ballot envelopes.
(1) As used in this section, a voter is "legally entitled to vote" if:
(a) the voter:
(i) is registered to vote in the county;
(ii) resides within the voting precinct where the voter seeks to vote; and
(iii) provided sufficient proof of identity and proof of residence to the election judge as
indicated by a notation in the official register;
(b) the voter:
(i) is registered to vote in the county; and
(ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
identical to the ballot voted in the voter's precinct of residence; or
(c) the voter:
(i) is registered to vote in the county;
(ii) the judge recorded in the official register that the voter either failed to provide proof
of identity and proof of residence or the proof of identity and proof of residence was inadequate;
and
(iii) the county clerk verifies the voter's proof of identity and proof of residence through
some other means.
[(1)] (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall
review the affirmation on the face of each provisional ballot envelope and determine if the person
signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
voted.
(b) If the election officer determines that the person is not a registered voter or is not

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legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
produce or count it.
(c) If the election officer determines that the person is a registered voter and is legally
entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
those ballots at the canvass.
(d) The election officer may not count, or allow to be counted a provisional ballot unless
the voter's proof of identity and proof of residence is established by a preponderance of the
evidence.
[(2)] (3) If the election officer determines that the person is a registered voter, the
election officer shall ensure that the voter registration records are updated to reflect the
information provided on the provisional ballot envelope.
(4) If the election officer determines that the person is not a registered voter and the
information on the provisional ballot envelope is complete, the election officer shall:
(a) consider the provisional ballot envelope a voter registration form; and
(b) register the voter.
Section 5. Section 20A-6-105 is amended to read:
20A-6-105. Provisional ballot envelopes.
(1) Each election officer shall ensure that provisional ballot envelopes are printed in
substantially the following form:
"AFFIRMATION
Are you a citizen of the United States of America? Yes No
Will you be 18 years old on or before election day? Yes No
If you checked "no" in response to either of the two above questions, do not complete this form.
Name of Voter _________________________________________________________
First Middle Last
Driver License or Identification Card Number _________________________________

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State of Issuance of Driver License or Identification Card Number
________ ___________ ________ _______
Date of Birth ___________________________________________________________
Street Address of Principal Place of Residence
______________________________________________________________________
City County State Zip Code
Telephone Number (optional) ______________________________________________
Last four digits of Social Security Number [(optional)]
____________________________
Place of Birth ___________________________________________________________
Last former address at which I was registered to vote (if known)
______________________________________________________________________
City County State Zip Code
Voting Precinct (if known) _________________________________________________
I, (please print your full name)__________________________do solemnly swear or
affirm:
1. that I am currently registered to vote in ______________________, County, Utah; that
I have not moved out of the county since the date of the original registration; that I have not
voted in this election in any other precinct; and that I request that I be permitted to vote in this
election in this precinct;
2. that on or about____________________(Date), I completed a voter registration
application at_______________________________(please indicate the office at which you
completed the voter registration application, for example, Human Services, Driver License, etc.,
or, if you filled out a mail-in registration form, please indicate.);
3. that I have previously registered to vote in __________________, County, Utah; that I
have not resided outside of that county since completing that registration; and that I am entitled
to vote today; and
4. subject to penalty of law for false statements, that the information contained in this

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form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
above address; and that I am at least 18 years old and have resided in Utah for the 30 days
immediately before this election.
Signed ______________________________________________________________________
Dated _______________________________________________________________________"
(2) The provisional ballot envelope shall include:
(a) a unique number;
(b) a detachable part that includes the unique number; and
(c) a telephone number, internet address, or other indicator of a means, in accordance
with Section 20A-6-105.5 , where the voter can find out if the provisional ballot was counted.
Section 6. Section 20A-6-105.5 is enacted to read:
20A-6-105.5. Voter access to provisional ballot information.
Each county clerk shall implement, through an internet website, toll-free telephone
number, or other means, a system where an individual who voted a provisional ballot may, free
of charge, determine if the voter's vote was counted, and, if the vote was not counted, the reason
the vote was not counted.
Section 7. Effective date.
This act takes effect on May 5, 2003, except that Sections 20A-6-105 and 20A-6-105.5
take effect on May 1, 2004.

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