S.B. 55

1

PROVISIONAL BALLOT AMENDMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Dan R. Eastman
5 This act modifies the Election Code by changing the requirements for preparing, voting,
6 counting, and otherwise administering provisional ballots. The act also requires county
7 clerks to implement a system to inform voters who have cast a provisional ballot whether
8 or not their vote was counted. This act provides an effective date.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-2-102, as enacted by Chapter 1, Laws of Utah 1993
12 20A-2-307, as last amended by Chapter 177, Laws of Utah 2002
13 20A-3-105.5, as enacted by Chapter 177, Laws of Utah 2002
14 20A-4-107, as enacted by Chapter 177, Laws of Utah 2002
15 20A-6-105, as enacted by Chapter 177, Laws of Utah 2002
16 ENACTS:
17 20A-6-105.5, Utah Code Annotated 1953
18 Be it enacted by the Legislature of the state of Utah:
19 Section 1. Section 20A-2-102 is amended to read:
20 20A-2-102. Registration a prerequisite to voting.
21 [A] (1) Except as provided in Subsection (2), a person may not vote at any election
22 unless that person is registered to vote as required by this chapter.
23 (2) A person may vote a provisional ballot as provided in Section 20A-2-307 for:
24 (a) a regular general election;
25 (b) a regular primary election; or
26 (c) an election for federal office.
27 Section 2. Section 20A-2-307 is amended to read:

28 20A-2-307. County clerks' instructions to election judges.
29 (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
30 ballot if:
31 (a) the voter has moved from one address within a voting precinct to another address
32 within the same voting precinct; and
33 (b) the voter affirms the change of address orally or in writing before the election
34 judges.
35 (2) Each county clerk shall instruct election judges to allow a person to vote a
36 provisional ballot if:
37 [(a) the voter is registered to vote in another voting precinct but has changed residence
38 to the election judge's voting precinct and has not registered to vote in that voting precinct;
39 and]
40 [(b) the election judge's voting precinct is in the same county and congressional district
41 as the voter's previous voting precinct.]
42 (a) the voter's name does not appear on the official register; or
43 (b) the voter is challenged as provided in Section 20A-3-202 .
44 Section 3. Section 20A-3-105.5 is amended to read:
45 20A-3-105.5. Manner of voting -- Provisional ballot.
46 (1) As used in this section:
47 (a) "Proof of identity" means some form of photo identification, such as a driver
48 license or identification card, that establishes a person's identity.
49 (b) "Proof of residence" means some official document or form, such as a driver
50 license or utility bill that establishes a person's residence.
51 (2) The election judges shall follow the procedures and requirements of this section
52 when:
53 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ; or
54 (b) the person's name is not found on the official register.
55 (3) When faced with one of the circumstances outlined in Subsection (2), the election
56 judge shall:
57 (a) request that the person provide proof of identity and proof of [residency] residence;
58 and

59 (b) review the proof of identity and proof of [residency] residence provided by the
60 person.
61 (4) If the election judge is satisfied that the person has established their identity and
62 their residence in the voting precinct:
63 (a) the election judge in charge of the official register shall:
64 (i) record in the official register the type of source documents that established the
65 person's proof of identity and proof of [residency] residence;
66 (ii) write the provisional ballot envelope number opposite the name of the voter in the
67 official register; and
68 (iii) direct the voter to sign his name in the election column in the official register;
69 (b) another judge shall list the ballot number and voter's name in the pollbook; and
70 (c) the election judge having charge of the ballots shall:
71 (i) endorse his initials on the stub;
72 (ii) check the name of the voter on the pollbook list with the number of the stub;
73 (iii) give the voter a ballot and a provisional ballot envelope; and
74 (iv) allow the voter to enter the voting booth.
75 (5) If the election judge is not satisfied that the voter has provided sufficient proof of
76 identity and proof of residence:
77 (a) the election judge in charge of the official register shall:
78 (i) record in the official register that the voter did not provide adequate proof of
79 identity and proof of residence;
80 (ii) write the provisional ballot envelope number opposite the name of the voter in the
81 official register; and
82 (iii) direct the voter to sign his name in the election column in the official register;
83 (b) another judge shall list the ballot number and voter's name in the pollbook; and
84 (c) the election judge having charge of the ballots shall:
85 (i) endorse his initials on the stub;
86 (ii) check the name of the voter on the pollbook list with the number of the stub;
87 (iii) give the voter a ballot and a provisional ballot envelope; and
88 (iv) allow the voter to enter the voting booth.
89 [(5)] (6) Whenever the election officer is required to furnish more than one kind of

90 official ballot to a voting precinct, the election judges of that voting precinct shall give the
91 registered voter the kind of ballot that the voter is qualified to vote.
92 Section 4. Section 20A-4-107 is amended to read:
93 20A-4-107. Review and disposition of provisional ballot envelopes.
94 (1) As used in this section, a voter is "legally entitled to vote" if:
95 (a) the voter:
96 (i) is registered to vote in the county;
97 (ii) resides within the voting precinct where the voter seeks to vote; and
98 (iii) provided sufficient proof of identity and proof of residence to the election judge as
99 indicated by a notation in the official register;
100 (b) the voter:
101 (i) is registered to vote in the county; and
102 (ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
103 identical to the ballot voted in the voter's precinct of residence; or
104 (c) the voter:
105 (i) is registered to vote in the county;
106 (ii) the judge recorded in the official register that the voter either failed to provide
107 proof of identity and proof of residence or the proof of identity and proof of residence was
108 inadequate; and
109 (iii) the county clerk verifies the voter's proof of identity and proof of residence
110 through some other means.
111 [(1)] (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall
112 review the affirmation on the face of each provisional ballot envelope and determine if the
113 person signing the affirmation is a registered voter and legally entitled to vote the ballot that the
114 voter voted.
115 (b) If the election officer determines that the person is not a registered voter or is not
116 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
117 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
118 produce or count it.
119 (c) If the election officer determines that the person is a registered voter and is legally
120 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from

121 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
122 those ballots at the canvass.
123 (d) The election officer may not count, or allow to be counted a provisional ballot
124 unless the voter's proof of identity and proof of residence is established by a preponderance of
125 the evidence.
126 [(2)] (3) If the election officer determines that the person is a registered voter, the
127 election officer shall ensure that the voter registration records are updated to reflect the
128 information provided on the provisional ballot envelope.
129 (4) If the election officer determines that the person is not a registered voter and the
130 information on the provisional ballot envelope is complete, the election officer shall:
131 (a) consider the provisional ballot envelope a voter registration form; and
132 (b) register the voter.
133 Section 5. Section 20A-6-105 is amended to read:
134 20A-6-105. Provisional ballot envelopes.
135 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
136 substantially the following form:
137 "AFFIRMATION
138 Are you a citizen of the United States of America? Yes No
139 Will you be 18 years old on or before election day? Yes No
140 If you checked "no" in response to either of the two above questions, do not complete this
141 form.
142 Name of Voter _________________________________________________________
143 First Middle Last
144 Driver License or Identification Card Number _________________________________
145 State of Issuance of Driver License of Identification Card Number
146 ________ ___________ ________ _______
147 Date of Birth ___________________________________________________________
148 Street Address of Principal Place of Residence
149 ______________________________________________________________________
150 City County State Zip Code
151 Telephone Number (optional) ______________________________________________

152 Last four digits of Social Security Number [(optional)]
153 ____________________________
154 Place of Birth
155 ___________________________________________________________
156 Last former address at which I was registered to vote (if known)
157 ______________________________________________________________________
158 City County State Zip Code
159 Voting Precinct (if known)
160 _________________________________________________
161 I, (please print your full name)__________________________do solemnly swear or
162 affirm:
163 1. that I am currently registered to vote in ______________________, County, Utah;
164 that I have not moved out of the county since the date of the original registration; that I have
165 not voted in this election in any other precinct; and that I request that I be permitted to vote in
166 this election in this precinct;
167 2. that on or about____________________(Date), I completed a voter registration
168 application at_______________________________(please indicate the office at which you
169 completed the voter registration application, for example, Human Services, Driver License,
170 etc., or, if you filled out a mail-in registration form, please indicate.);
171 3. that I have previously registered to vote in __________________, County, Utah; that
172 I have not resided outside of that county since completing that registration; and that I am
173 entitled to vote today; and
174 4. subject to penalty of law for false statements, that the information contained in this
175 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
176 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
177 immediately before this election.
178 Signed ______________________________________________________________________
179 Dated
180 _______________________________________________________________________"
181 (2) The provisional ballot envelope shall include:
182 (a) a unique number;

183 (b) a detachable part that includes the unique number; and
184 (c) a telephone number, internet address, or other indicator of a means, in accordance
185 with Section 20A-6-105.5 , where the voter can find out if the provisional ballot was counted.
186 Section 6. Section 20A-6-105.5 is enacted to read:
187 20A-6-105.5. Voter access to provisional ballot information.
188 Each county clerk shall implement, through an internet website, toll-free telephone
189 number, or other means, a system where an individual who voted a provisional ballot may, free
190 of charge, determine if the voter's vote was counted, and, if the vote was not counted, the
191 reason the vote was not counted.
192 Section 7. Effective date.
193 This act takes effect on May 5, 2003, except that Sections 20A-6-105 and 20A-6-105.5
194 take effect on May 1, 2004.




Legislative Review Note
as of 1-22-03 2:20 PM

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

Office of Legislative Research and General Counsel