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H.B. 301 Enrolled
LONG TITLE
General Description:
This bill modifies requirements governing voter registration.
Highlighted Provisions:
This bill:
. modifies the voter registration form and the driver license voter registration form to
include a citizen affidavit and a notice of penalties for illegal registration;
. requires the county clerk to review the submitted voter registration forms and refer
them to the county attorney if the clerk believes the applicant is seeking to register
to vote illegally; and
. makes technical amendments.
Monies Appropriated in this Bill:
None
Other Special Clauses:
This bill takes effect on January 1, 2005.
Utah Code Sections Affected:
AMENDS:
20A-2-104, as last amended by Chapter 117, Laws of Utah 2003
20A-2-108, as last amended by Chapter 75, Laws of Utah 2000
20A-6-105 (Effective 05/01/04), as last amended by Chapter 34, Laws of Utah 2003
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-2-104 is amended to read:
20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
(1) Every person applying to be registered shall complete a registration form printed in
substantially the following form:
-----------------------------------------------------------------------------------------------------------------
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" to either of the above two questions, do not complete this form.
Name of Voter __________________________________________________________
First Middle Last
Driver License or Identification Card Number__________________________
State of issuance of Driver License or Identification Card
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 ______________________
[
Last former address at which I was registered to vote (if known)_____________________
________________________________________________________________________
City County State Zip Code
Voting Precinct (if known)___________________________________________________
Political Party
.American .Democrat .Green .Independent American .Libertarian .Natural Law
.Reform .Populist .Republican .Socialist Workers .Unaffiliated (no political party
preference)
Other (Please specify) ______________________________
I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the
state of Utah, residing at the above address. I will be at least 18 years old and will have resided in
Utah for 30 days immediately before the next election. I am not a convicted felon currently
incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and correct.
____________________________
Signature of Applicant
In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
allowing yourself to be registered to vote if you know you are not entitled to register to vote is up
to one year in jail and a fine of up to $2,500.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE FOR THE FIRST TIME IN A VOTING
PRECINCT YOU MUST EITHER:
(1) INCLUDE A COPY OF A VALID FORM OF PHOTO IDENTIFICATION OR PROOF OF
RESIDENCE WITH THIS VOTER REGISTRATION FORM; OR
(2) PRESENT A VALID FORM OF PHOTO IDENTIFICATION OR PROOF OF
RESIDENCE TO THE ELECTION JUDGE BEFORE YOU MAY VOTE.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
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(2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
which may be electronic or some other recognized system.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
(c) If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d) The lieutenant governor and the county clerks may charge the fees established under
the authority of Subsection 63-2-203 (10) to individuals who wish to obtain a copy of the list of
registered voters.
(4) When political parties not listed on the voter registration form qualify as registered
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks about the name of the new political party and
direct the county clerks to ensure that the voter registration form is modified to include that
political party.
(5) Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a) review each voter registration form for completeness and accuracy; and
(b) if the county clerk believes, based upon a review of the form, that a person may be
seeking to register to vote who is not legally entitled to register to vote, refer the form to the
county attorney for investigation and possible prosecution.
Section 2. Section 20A-2-108 is amended to read:
20A-2-108. Driver license registration form -- Transmittal of information.
(1) The lieutenant governor and the Driver License Division shall design the driver license
application and renewal forms to include the question "if you are not registered to vote where you
live now, would you like to register to vote today?"
(2) (a) The lieutenant governor and the Driver License Division shall design a motor voter
registration form to be used in conjunction with driver license application and renewal forms.
(b) Each driver license application and renewal form shall contain:
(i) a place for the applicant to decline to register to vote;
(ii) an eligibility statement in substantially the following form:
"I do swear (or affirm), subject to penalty of law for false statements, that the information
contained in this form is true, and that I am a citizen of the United States and a resident of the
state of Utah, residing at the above address. I will be at least 18 years old and will have resided in
Utah for 30 days immediately before the next election.
Signed and sworn
___________________________________________________________
Voter's Signature
__________(month\day\year)";
(iii) a citizenship affidavit in substantially the following form:
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and correct.
____________________________
Signature of Applicant
In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
allowing yourself to be registered to vote if you know you are not entitled to register to vote is up
to one year in jail and a fine of up to $2,500;
[
applicant has declined to register will remain confidential and will be used only for voter
registration purposes; and
[
applicant submits a voter registration application will remain confidential and will be used only for
voter registration purposes.
(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a) review the voter registration form for completeness and accuracy; and
(b) if the county clerk believes, based upon a review of the form, that a person may be
seeking to register to vote who is not legally entitled to register to vote, refer the form to the
county attorney for investigation and possible prosecution.
Section 3. Section 20A-6-105 (Effective 05/01/04) is amended to read:
20A-6-105 (Effective 05/01/04). 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 _________________________________
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 ____________________________
[
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
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 ______________________________________________________________________"
"CITIZENSHIP AFFIDAVIT
Name:
Name at birth, if different:
Place of birth:
Date of birth:
Date and place of naturalization (if applicable):
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and correct.
____________________________
Signature of Applicant
In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
allowing yourself to be registered to vote if you know you are not entitled to register to vote is up
to one year in jail and a fine of up to $2,500."
(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 4. Effective date.
This bill takes effect on January 1, 2005.
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