S.B. 68

1

VOTER IDENTIFICATION REQUIREMENTS
2 2003 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Dan R. Eastman
5 This act modifies the Election Code by changing requirements for voter identification in
6 voting procedures, disposition of absentee ballots, and other election processes.
7 This act affects sections of Utah Code Annotated 1953 as follows:
8 AMENDS:
9 20A-3-104, as last amended by Chapter 177, Laws of Utah 2002
10 20A-3-305, as last amended by Chapter 167, Laws of Utah 2002
11 20A-3-308, as last amended by Chapter 340, Laws of Utah 1995
12 20A-3-401, as last amended by Chapter 228, Laws of Utah 1993
13 Be it enacted by the Legislature of the state of Utah:
14 Section 1. Section 20A-3-104 is amended to read:
15 20A-3-104. Manner of voting.
16 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
17 residence, to one of the election judges.
18 (b) If an election judge does not know the person requesting a ballot and has reason to
19 doubt that person's identity, the judge shall request identification or have the voter identified by
20 a known registered voter of the district.
21 (c) If the voter is voting for the first time in the jurisdiction or is otherwise required to
22 present proof of identity or proof of residence as indicated by a notation in the official register,
23 the election judge shall request proof of identity or proof of residence from the voter.
24 (d) If the election judge is satisfied that the voter has established proof of identity and
25 proof of residence, the election judge shall:
26 (i) record the type of proof of identity or proof of residence provided by the voter in the
27 appropriate space in the official register; and

28 (ii) follow the procedures of Subsection (3).
29 (e) If the election judge is not satisfied that the voter has established proof of identity
30 or proof of residence, the election judge shall:
31 (i) indicate on the official register that the voter failed to provide adequate proof of
32 identity or proof of residence;
33 (ii) issue the voter a provisional ballot; and
34 (iii) follow the procedures and requirements of Section 20A-3-105.5 .
35 [(c)] (f) If the person's right to vote is challenged as provided in Section 20A-3-202 , the
36 judge shall follow the procedures and requirements of Section 20A-3-105.5 .
37 (2) (a) When the voter is properly identified, the election judge in charge of the official
38 register shall check the official register to determine whether or not the person is registered to
39 vote.
40 (b) If the voter's name is not found on the official register, the election judge shall
41 follow the procedures and requirements of Section 20A-3-105.5 .
42 (3) If the election judge determines that the voter is registered:
43 (a) the election judge in charge of the official register shall:
44 (i) write the ballot number opposite the name of the voter in the official register; and
45 (ii) direct the voter to sign his name in the election column in the official register;
46 (b) another judge shall list the ballot number and voter's name in the pollbook; and
47 (c) the election judge having charge of the ballots shall:
48 (i) endorse his initials on the stub;
49 (ii) check the name of the voter on the pollbook list with the number of the stub;
50 (iii) hand the voter a ballot; and
51 (iv) allow the voter to enter the voting booth.
52 (4) Whenever the election officer is required to furnish more than one kind of official
53 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
54 voter the kind of ballot that the voter is qualified to vote.
55 Section 2. Section 20A-3-305 is amended to read:
56 20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
57 Affidavit.
58 (1) Upon timely receipt of an absentee voter application properly filled out and signed,

59 or as soon after receipt of the application as the official absentee ballots for the voting precinct
60 in which the applicant resides have been printed, the election officer shall either:
61 (a) give the applicant an official absentee ballot and envelope to vote in the office; or
62 (b) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
63 envelope printed as required in Subsection (2).
64 (2) The election officer shall ensure that:
65 (a) the name, official title, and post office address of the election officer is printed on
66 the front of the envelope; and
67 (b) a printed affidavit in substantially the following form is printed on the back of the
68 envelope:
69 "County of ____ State of ____
70 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
71 in ____ County, Utah; I am entitled to vote in that voting precinct at the next election; and I am
72 entitled by law to vote an absentee ballot. I am not a convicted felon currently incarcerated for
73 commission of a felony.
74

______________________________

75

Signature of Absentee Voter"

76 (3) If the election officer determines that the absentee voter is required to show proof
77 of identity or proof of residence as indicated in the official register, the election officer shall:
78 (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5 ;
79 (b) instruct the voter to include a valid form of proof of identity and proof of residence
80 with the return ballot;
81 (c) provide the voter clear instructions on how to vote a provisional ballot; and
82 (d) comply with the requirements of Subsection (2).
83 Section 3. Section 20A-3-308 is amended to read:
84 20A-3-308. Absentee ballots in the custody of election judges -- Disposition.
85 (1) (a) Voting precinct election judges shall open envelopes containing absentee ballots
86 that are in their custody on election day at the polling places during the time the polls are open
87 as provided in this Subsection (1).
88 (b) The election judges shall:
89 (i) first, open the outer envelope only; and

90 (ii) compare the signature of the voter on the application with the signature on the
91 affidavit.
92 (2) (a) The judges shall carefully open and remove the absentee voter envelope so as
93 not to destroy the affidavit on the envelope if they find that:
94 (i) the affidavit is sufficient;
95 (ii) the signatures correspond; and
96 (iii) the applicant is registered to vote in that voting precinct and has not voted in that
97 election.
98 (b) If, after opening the absentee voter envelope, the judge finds that a provisional
99 ballot envelope is enclosed and the voter has included proof of identity and proof of residence,
100 the election judge shall:
101 (i) record the type of proof of identity and proof of residence provided by the voter in
102 the appropriate space in the official register;
103 (ii) record the provisional ballot envelope number on the official register; and
104 (iii) place the provisional ballot envelope with the other provisional ballot envelopes to
105 be transmitted to the county clerk.
106 (c) If, after opening the absentee voter envelope, the judge finds that a provisional
107 ballot envelope is enclosed, and that the voter has not included proof of identity and proof of
108 residence, the election judge shall:
109 (i) record in the official register that the voter did not include proof of identity and
110 proof of residence;
111 (ii) record the provisional ballot number in the official register; and
112 (iii) place the provisional ballot envelope with the other provisional ballot envelopes to
113 be transmitted to the county clerk.
114 [(b) The] (d) If the absentee ballot is not a provisional ballot, the election judges shall:
115 (i) remove the absentee ballot from the envelope without unfolding it or permitting it to
116 be opened or examined;
117 (ii) initial the stub in the same manner as for other ballots;
118 (iii) remove the stub from the ballot;
119 (iv) deposit the ballot in the ballot box; and
120 (v) mark the official register and pollbook to show that the voter has voted.

121 (3) If the election judges determine that the affidavit is insufficient, or that the
122 signatures do not correspond, or that the applicant is not a registered voter in the voting
123 precinct, they shall:
124 (a) disallow the vote; and
125 (b) without opening the absentee voter envelope, mark across the face of the envelope:
126 (i) "Rejected as defective"; or
127 (ii) "Rejected as not a registered voter."
128 (4) The election judges shall deposit the absentee voter envelope, when the absentee
129 ballot is voted, and the absentee voter envelope with its contents unopened when the absent
130 vote is rejected, in the ballot box containing the ballots.
131 (5) The election officer shall retain and preserve the absentee voter envelopes in the
132 manner provided by law for the retention and preservation of official ballots voted at that
133 election.
134 Section 4. Section 20A-3-401 is amended to read:
135 20A-3-401. Intent and purpose of part.
136 (1) Each election officer, election official, and judge shall liberally interpret and apply
137 this part to:
138 (a) make it possible for Utah voters living or serving abroad to vote in county, state,
139 and national elections during their absence;
140 (b) enable these voters to register more conveniently; [and]
141 (c) conform to 42 U.S.C. 1973ff, Uniformed and Overseas Citizens Absentee Voting
142 Act[.]; and
143 (d) exempt overseas and military voters from the proof of identity and proof of
144 residence requirements of Section 20A-3-308 in accordance with Public Law 107-252, the
145 Help America Vote Act of 2002.
146 (2) The state selective service, all military organizations, and citizens and officers of
147 Utah or of the respective counties and municipalities of the state shall cooperate with the
148 election and party officers in carrying out the intent and purpose of this part.
149 (3) All state and county officers of Utah shall:
150 (a) do all things and perform all acts necessary to put into effect the provisions of any
151 Act of Congress or this state allowing uniformed and overseas citizen voters to vote; and

152 (b) permit the use of any official ballot authorized by any Act of Congress and this part
153 as a ballot supplementary to the official Utah election military ballot.
154 (4) Each provision of this part prevails over any inconsistent provision of any other
155 statute or any part of any statute.




Legislative Review Note
as of 1-29-03 6:47 PM

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

Office of Legislative Research and General Counsel