H.B. 267

1

ELECTION DAY VOTER REGISTRATION
2 2005 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Neil A. Hansen
5
6 LONG TITLE
7 General Description:
8 This bill modifies the Election Code to permit election day voter registration.
9 Highlighted Provisions:
10 This bill:
11 . modifies the Election Code to permit individuals to register to vote at their voting
12 precinct's polling place on the date of the election;
13 . modifies the Election Code to permit voters to change their party affiliation at their
14 voting precinct's polling place on the date of the election, with the exception of
15 municipal primary elections;
16 . requires county clerks to provide election day registration information to any
17 individual that seeks to register in person at the county clerk's office within the
18 seven-day period before an election;
19 . requires county clerks to provide election day registration information to any
20 individual that submits untimely or incomplete voter registration forms by mail,
21 with driver's license forms, or through voter registration agencies, and requires the
22 clerk to notify the individual that the individual is not registered; and
23 . makes technical changes.
24 Monies Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None

28 Utah Code Sections Affected:
29 AMENDS:
30 20A-2-107, as last amended by Chapter 328, Laws of Utah 2000
31 20A-2-201, as last amended by Chapter 45, Laws of Utah 1999
32 20A-2-202, as last amended by Chapter 117, Laws of Utah 2003
33 20A-2-204, as last amended by Chapters 10, 24 and 183, Laws of Utah 1997
34 20A-2-205, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
35 20A-2-304, as enacted by Chapter 311, Laws of Utah 1994
36 20A-3-104, as last amended by Chapter 37, Laws of Utah 2003
37 20A-3-104.5, as last amended by Chapter 159, Laws of Utah 2003
38 20A-9-808, as last amended by Chapter 117, Laws of Utah 2003
39 ENACTS:
40 20A-2-201.5, Utah Code Annotated 1953
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 20A-2-107 is amended to read:
44 20A-2-107. Designating or changing party affiliation.
45 (1) For each person who registers to vote on or after May 1, 2000, the county clerk
46 shall:
47 (a) record the party affiliation designated by the voter on the voter registration form as
48 the voter's party affiliation; or
49 (b) if no political party affiliation is designated by the voter on the voter registration
50 form, record the voter's party affiliation as "unaffiliated."
51 (2) [(a)] Any registered voter may designate or change the voter's political party
52 affiliation by [complying with the procedures and requirements of this Subsection (2). (b)
53 Except]:
54 (a) except for the 20 days immediately before a regular primary election, [any
55 registered voter may designate or change the voter's political party affiliation by] filing a signed
56 form with the county clerk that identifies the registered political party with which the voter
57 chooses to affiliate[.]; or
58 (b) filing a signed form with the election judge at the polling place for the voter's

59 voting precinct on the date of a regular general election, municipal general election, municipal
60 primary election, bond election, or special election.
61 Section 2. Section 20A-2-201 is amended to read:
62 20A-2-201. Registering to vote at office of county clerk.
63 (1) Except as provided in Subsection (2), the county clerk shall register to vote all
64 persons who present themselves for registration at the county clerk's office during designated
65 office hours if those persons, on voting day, will be legally qualified [and entitled] to vote in a
66 voting precinct in the county.
67 (2) During the seven calendar days immediately before any scheduled election, the
68 county clerk shall provide all persons who present themselves for registration with:
69 [(a) accept registration forms from all persons who present themselves for registration
70 at the clerk's office during designated office hours if those persons, on voting day, will be
71 legally qualified and entitled to vote in a voting precinct in the county; and]
72 [(b) inform them that they will be registered to vote but may not vote in the pending
73 election because they registered too late.]
74 (a) notice that the person may register to vote on the day of the election by appearing in
75 person at the polling place for the voting precinct in which the person maintains residence
76 during the hours the polls are open;
77 (b) the location of the person's local voting precinct, unless the person declines to
78 provide residency information; and
79 (c) notice that the person will be required to meet the requirements of Section
80 20A-2-201.5 in order to register to vote on election day.
81 Section 3. Section 20A-2-201.5 is enacted to read:
82 20A-2-201.5. Registration on election day.
83 (1) The election judges for each voting precinct shall register to vote all persons who
84 present themselves for registration during the hours that the polls are open if:
85 (a) the person is legally qualified to vote as of the election date;
86 (b) the person appears, in person during the hours that the polls are open, at the polling
87 place for the voting precinct in which the person has his principal place of residence; and
88 (c) the person completes a voter registration form according to the procedures and
89 requirements of Section 20A-2-104 .

90 (2) A person may register to vote on election day as provided in this section on the date
91 of any regular general election, municipal general election, regular primary election, municipal
92 primary election, special election, bond election, or the Western States Presidential Primary.
93 Section 4. Section 20A-2-202 is amended to read:
94 20A-2-202. Registration by mail.
95 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
96 (b) To register by mail, a citizen shall complete and sign the by-mail registration form
97 and mail or deliver it to the county clerk of the county in which the citizen resides.
98 (c) (i) In order to register to vote in a particular election, the citizen shall:
99 (A) address the by-mail voter registration form to the county clerk; and
100 (B) ensure that it is postmarked at least 20 days before the date of the election.
101 (ii) If the voter is registering for the first time in the county, the citizen shall either:
102 (A) submit a copy of a proof of identification or proof of residence with the by-mail
103 voter registration form; or
104 (B) submit proof of identification or proof of residence to the election judge at the time
105 the citizen votes.
106 (d) The citizen has effectively registered to vote under this section only when the
107 county clerk's office has received a correctly completed by-mail voter registration form.
108 (2) Upon receipt of a correctly completed by-mail voter registration form, the county
109 clerk shall:
110 (a) enter the applicant's name on the list of registered voters for the voting precinct in
111 which the applicant resides; and
112 (b) mail confirmation of registration to the newly registered voter after entering the
113 applicant's voting precinct number on that copy.
114 (3) (a) If the county clerk receives a correctly completed by-mail voter registration
115 form that is postmarked less than 20 days before an election or is received in the six calendar
116 days before an election, the county clerk shall[: (i) register the applicant after the next election;
117 and (ii)] promptly mail a notice to the applicant and, if possible, promptly phone [or mail a
118 notice to the applicant before the election, informing the applicant that his registration will not
119 be effective until after the election.] the applicant, to provide the applicant with:
120 (i) notice that the registration form was either not timely mailed or timely received;

121 (ii) notice that the person may register to vote on the day of the election by appearing,
122 in person during the hours that the polls are open, at the polling place for the voting precinct in
123 which the person has his principal place of residence;
124 (iii) the location of the person's local voting precinct; and
125 (iv) notice that the person will be required to meet the requirements of Section
126 20A-2-201.5 in order to register to vote on election day.
127 (b) When the county clerk receives by-mail voter registration forms at least seven days
128 before an election that are postmarked at least 20 days before the election, the county clerk
129 shall:
130 (i) process the by-mail voter registration forms; and
131 (ii) record the new voters in the official register and posting list.
132 (4) If the county clerk determines that a registration form received by mail or otherwise
133 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
134 the person attempting to register[, informing him] to provide the person with:
135 (a) notice that he has not been registered because of an error or because the form is
136 incomplete[.];
137 (b) notice that the person may register to vote on the day of the election by appearing,
138 in person during the hours that the polls are open, at the polling place for the voting precinct in
139 which the person has his principal place of residence;
140 (c) the location of the person's local voting precinct, if the voting precinct may be
141 determined from the information provided on the registration form; and
142 (d) notice that the person will be required to meet the requirements of Section
143 20A-2-201.5 in order to register to vote on election day.
144 Section 5. Section 20A-2-204 is amended to read:
145 20A-2-204. Registering to vote when applying for or renewing a driver license.
146 (1) As used in this section, "voter registration form" means the driver license
147 application/voter registration form and the driver license renewal/voter registration form
148 required by Section 20A-2-108 .
149 (2) Any citizen who is qualified to vote may register to vote by completing the voter
150 registration form.
151 (3) The Driver License Division shall:

152 (a) assist applicants in completing the voter registration form unless the applicant
153 refuses assistance;
154 (b) accept completed forms for transmittal to the appropriate election official;
155 (c) transmit a copy of each voter registration form to the appropriate election official
156 within five days after it is received by the division;
157 (d) transmit each address change within five days after it is received by the division;
158 and
159 (e) transmit electronically to the lieutenant governor's office the name, address, birth
160 date, and driver license number of each person who answers "yes" to the question on the driver
161 license form about registering to vote.
162 (4) Upon receipt of a correctly completed voter registration form, the county clerk
163 shall:
164 (a) enter the applicant's name on the list of registered voters for the voting precinct in
165 which the applicant resides; and
166 (b) notify the applicant of registration.
167 (5) (a) If the county clerk receives a correctly completed voter registration form that is
168 dated less than 20 days before an election or is received in the six calendars days before an
169 election, the county clerk shall[: (i) register the applicant after the next election; and (ii)]
170 promptly mail a notice to the applicant and, if possible, promptly phone [or mail a notice to]
171 the applicant [before the election, informing the applicant that his registration will not be
172 effective until after the election.] to provide the applicant with:
173 (i) notice that the registration form was either not timely mailed or timely received;
174 (ii) notice that the person may register to vote on the day of the election by appearing,
175 in person during the hours that the polls are open, at the polling place for the voting precinct in
176 which the person has his principal place of residence;
177 (iii) the location of the person's local voting precinct; and
178 (iv) notice that the person will be required to meet the requirements of Section
179 20A-2-201.5 in order to register to vote on election day.
180 (b) When the county clerk receives any voter registration forms at least seven days
181 before an election that are dated at least 20 days before the election, the county clerk shall:
182 (i) process the voter registration forms; and

183 (ii) record the new voters in the official register and posting list.
184 (6) If the county clerk determines that a voter registration form received from the
185 Driver License Division is incorrect because of an error or because it is incomplete, the county
186 clerk shall mail notice to the person attempting to register[, informing him] to provide him
187 with:
188 (a) notice that he has not been registered because of an error or because the form is
189 incomplete[.];
190 (b) notice that the person may register to vote on the day of the election by appearing,
191 in person during the hours that the polls are open, at the polling place for the voting precinct in
192 which the person has his principal place of residence;
193 (c) the location of the person's local voting precinct, if the voting precinct may be
194 determined from the information provided on the registration form; and
195 (d) notice that the person will be required to meet the requirements of Section
196 20A-2-201.5 in order to register to vote on election day.
197 Section 6. Section 20A-2-205 is amended to read:
198 20A-2-205. Registration at voter registration agencies.
199 (1) As used in this section:
200 (a) "Discretionary voter registration agency" means each office designated by the
201 county clerk under Part 3 to provide by-mail voter registration forms to the public.
202 (b) "Public assistance agency" means each office in Utah that provides:
203 (i) public assistance; or
204 (ii) state funded programs primarily engaged in providing services to people with
205 disabilities.
206 (2) Any person may obtain and complete a by-mail registration form at a public
207 assistance agency or discretionary voter registration agency.
208 (3) Each public assistance agency and discretionary voter registration agency shall
209 provide, either as part of existing forms or on a separate form, the following information in
210 substantially the following form:
211 "REGISTERING TO VOTE
212 If you are not registered to vote where you live now, would you like to apply to register
213 to vote here today? (Applying to register to vote or declining to register to vote will not affect

214 the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
215 DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
216 NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
217 voter registration application form, we will help you. The decision about whether or not to
218 seek or accept help is yours. You may fill out the application form in private. If you believe
219 that someone has interfered with your right to register or to decline to register to vote, your
220 right to privacy in deciding whether or not to register, or in applying to register to vote, or your
221 right to choose your own political party or other political preference, you may file a complaint
222 with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
223 84114. [phone]."
224 (4) Unless a person applying for service or assistance from a public assistance agency
225 or discretionary voter registration agency declines, in writing, to register to vote, each public
226 assistance agency and discretionary voter registration agency shall:
227 (a) distribute a by-mail voter registration form with each application for service or
228 assistance provided by the agency or office;
229 (b) assist applicants in completing the voter registration form unless the applicant
230 refuses assistance;
231 (c) accept completed forms for transmittal to the appropriate election official; and
232 (d) transmit a copy of each voter registration form to the appropriate election official
233 within five days after it is received by the division.
234 (5) A person in a public assistance agency or a discretionary voter registration agency
235 that helps a person complete the voter registration form may not:
236 (a) seek to influence an applicant's political preference or party registration;
237 (b) display any political preference or party allegiance;
238 (c) make any statement to an applicant or take any action that has the purpose or effect
239 of discouraging the applicant from registering to vote; or
240 (d) make any statement to an applicant or take any action that has the purpose or effect
241 of leading the applicant to believe that a decision to register or not to register has any bearing
242 upon the availability of services or benefits.
243 (6) Upon receipt of a correctly completed voter registration form, the county clerk
244 shall:

245 (a) enter the applicant's name on the list of registered voters for the voting precinct in
246 which the applicant resides; and
247 (b) notify the applicant of registration.
248 (7) (a) If the county clerk receives a correctly completed voter registration form that is
249 dated less than 20 days before an election or is received in the six calendar days before an
250 election, the county clerk shall[: (i) register the applicant after the next election; and (ii)]
251 promptly mail a notice to the applicant and, if possible, promptly phone [or mail a notice to]
252 the applicant [before the election, informing the applicant that his registration will not be
253 effective until after the election.] to provide the applicant with:
254 (i) notice that the registration form was either not timely mailed or timely received;
255 (ii) notice that the person may register to vote on the day of the election by appearing,
256 in person during the hours that the polls are open, at the polling place for the voting precinct in
257 which the person has his principal place of residence;
258 (iii) the location of the person's local voting precinct; and
259 (iv) notice that the person will be required to meet the requirements of Section
260 20A-2-201.5 in order to register to vote on election day.
261 (b) When the county clerk receives any voter registration forms at least seven days
262 before an election that are dated at least 20 days before the election, the county clerk shall:
263 (i) process the voter registration forms; and
264 (ii) record the new voters in the official register and posting list.
265 (8) If the county clerk determines that a voter registration form received from a public
266 assistance agency or discretionary voter registration agency is incorrect because of an error or
267 because it is incomplete, the county clerk shall mail notice to the person attempting to register[,
268 informing him] to provide him with:
269 (a) notice that he has not been registered because of an error or because the form is
270 incomplete[.];
271 (b) notice that the person may register to vote on the day of the election by appearing,
272 in person during the hours that the polls are open, at the polling place for the voting precinct in
273 which the person has his principal place of residence;
274 (c) the location of the person's local voting precinct, if the voting precinct may be
275 determined from the information provided on the registration form; and

276 (d) notice that the person will be required to meet the requirements of Section
277 20A-2-201.5 in order to register to vote on election day.
278 Section 7. Section 20A-2-304 is amended to read:
279 20A-2-304. County clerk's responsibilities -- Notice of disposition.
280 Each county clerk shall:
281 (1) register to vote each applicant for registration who meets the requirements for
282 registration and who:
283 (a) submits a completed voter registration form to the county clerk at least 20 days
284 before the date of the election;
285 (b) submits a completed voter registration form to the Driver License Division, a
286 public assistance agency, or a discretionary voter registration agency at least 20 days before the
287 date of the election; [or]
288 (c) mails a completed by-mail voter registration form to the county clerk that is
289 postmarked at least 20 days before the election; [and] or
290 (d) submits a completed voter registration form to an election judge according to the
291 requirements of Section 20A-2-201.5 ; and
292 (2) send a notice to the voter informing the voter that:
293 (a) the voter's application for voter registration has been accepted and that the voter is
294 registered to vote;
295 (b) the voter's application for voter registration has been rejected and the reason for the
296 rejection; or
297 (c) the application for voter registration is being returned to the voter for further action
298 because the application is incomplete and giving instructions to the voter about how to properly
299 complete the application.
300 Section 8. Section 20A-3-104 is amended to read:
301 20A-3-104. Manner of voting.
302 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
303 residence, to one of the election judges.
304 (b) If an election judge does not know the person requesting a ballot and has reason to
305 doubt that person's identity, the judge shall request identification or have the voter identified by
306 a known registered voter of the district.

307 (c) If the voter is voting for the first time in the jurisdiction or is otherwise required to
308 present proof of identity or proof of residence as indicated by a notation in the official register,
309 the election judge shall request proof of identity or proof of residence from the voter.
310 (d) If the election judge is satisfied that the voter has established proof of identity and
311 proof of residence, the election judge shall:
312 (i) record the type of proof of identity or proof of residence provided by the voter in the
313 appropriate space in the official register; and
314 (ii) follow the procedures of Subsection (3).
315 (e) If the election judge is not satisfied that the voter has established proof of identity
316 or proof of residence, the election judge shall:
317 (i) indicate on the official register that the voter failed to provide adequate proof of
318 identity or proof of residence;
319 (ii) issue the voter a provisional ballot; and
320 (iii) follow the procedures and requirements of Section 20A-3-105.5 .
321 (f) If the person's right to vote is challenged as provided in Section 20A-3-202 , the
322 judge shall follow the procedures and requirements of Section 20A-3-105.5 .
323 (2) (a) When the voter is properly identified, the election judge in charge of the official
324 register shall check the official register to determine whether or not the person is registered to
325 vote.
326 (b) If the voter's name is not found on the official register and if the voter has not
327 registered on election day, the election judge shall follow the procedures and requirements of
328 Section 20A-3-105.5 .
329 (3) If the election judge determines that the voter is registered:
330 (a) the election judge in charge of the official register shall:
331 (i) write the ballot number opposite the name of the voter in the official register; and
332 (ii) direct the voter to sign his name in the election column in the official register;
333 (b) another judge shall list the ballot number and voter's name in the pollbook; and
334 (c) the election judge having charge of the ballots shall:
335 (i) endorse his initials on the stub;
336 (ii) check the name of the voter on the pollbook list with the number of the stub;
337 (iii) hand the voter a ballot; and

338 (iv) allow the voter to enter the voting booth.
339 (4) Whenever the election officer is required to furnish more than one kind of official
340 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
341 voter the kind of ballot that the voter is qualified to vote.
342 Section 9. Section 20A-3-104.5 is amended to read:
343 20A-3-104.5. Voting -- Regular primary election.
344 (1) (a) Any registered voter desiring to vote at the regular primary election shall give
345 his name, the name of the registered political party whose ballot the voter wishes to vote, and,
346 if requested, his residence, to one of the election judges.
347 (b) If an election judge does not know the person requesting a ballot and has reason to
348 doubt that person's identity, the judge shall request identification or have the voter identified by
349 a known registered voter of the district.
350 (c) If the voter is challenged as provided in Section 20A-3-202 , the judge shall provide
351 a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.
352 (2) (a) (i) When the voter is properly identified, the election judge in charge of the
353 official register shall [check the official register to] determine:
354 (A) whether or not the person is registered to vote by checking the official register or
355 confirming that the person has registered on election day; and
356 (B) whether or not the person's party affiliation designation [in the official register]
357 allows the voter to vote the ballot that the voter requested by checking the official register or, if
358 the voter has registered on election day, the voter's registration form.
359 (ii) If the official register or registration form does not affirmatively identify the voter
360 as being affiliated with a registered political party or if the official register or registration form
361 identifies the voter as being "unaffiliated," the voter shall be considered to be "unaffiliated."
362 (b) (i) If the voter's name is not found on the official register [and], the voter may
363 register to vote or, if it is not unduly disruptive of the election process, request that the election
364 judge [shall] attempt to contact the county clerk's office to request oral verification of the
365 voter's registration.
366 (ii) If the voter registers to vote, the judge shall record the voter's name in the official
367 register, determine the voter's party affiliation and the ballot that the voter is qualified to vote,
368 and perform the other administrative steps required by Subsection (3).

369 [(ii)] (iii) If oral verification of the voter's registration is received from the county
370 clerk's office, the judge shall record the verification on the official register, determine the
371 voter's party affiliation and the ballot that the voter is qualified to vote, and perform the other
372 administrative steps required by Subsection (3).
373 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
374 affiliation listed in the official register or on the election day voter registration form does not
375 allow the voter to vote the ballot that the voter requested, the election judge shall inform the
376 voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
377 does allow the voter to vote.
378 (ii) (A) If the voter is listed in the official register or on the election day voter
379 registration form as "unaffiliated," or if the official register or registration form does not
380 affirmatively identify the voter as either "unaffiliated" or affiliated with a registered political
381 party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the voter
382 requests, the election judge shall ask the voter if the voter wishes to:
383 (I) vote another registered political party ballot that the voter, as "unaffiliated," is
384 authorized to vote[,]; or
385 (II) remain "unaffiliated."
386 (B) If the voter wishes to vote another registered political party ballot that the
387 unaffiliated voter is authorized to vote, the election judge shall proceed as required by
388 Subsection (3).
389 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
390 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
391 voter may not vote.
392 (iii) For the primary elections held in 2004, 2006, and 2008 only:
393 (A) If the voter is listed in the official register or on the election day voter registration
394 form as "unaffiliated," or if the official register or voter registration form does not affirmatively
395 identify the voter as either "unaffiliated" or "affiliated" with a registered political party, the
396 election judge shall ask the voter if the voter wishes to affiliate with a registered political party,
397 or remain "unaffiliated."
398 (B) If the voter wishes to affiliate with the registered political party whose ballot the
399 voter requested, the election judge shall direct the voter to complete the change of party

400 affiliation form and proceed as required by Subsection (3).
401 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
402 political party ballot that the unaffiliated voter is authorized to vote, the election judge shall
403 proceed as required by Subsection (3).
404 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
405 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
406 voter may not vote.
407 (3) If the election judge determines that the voter is registered and eligible, under
408 Subsection (2), to vote the ballot that the voter requested:
409 (a) the election judge in charge of the official register shall:
410 (i) write the ballot number and the name of the registered political party whose ballot
411 the voter voted opposite the name of the voter in the official register; and
412 (ii) direct the voter to sign his name in the election column in the official register;
413 (b) another judge shall list the ballot number and voter's name in the pollbook; and
414 (c) the election judge having charge of the ballots shall:
415 (i) endorse his initials on the stub;
416 (ii) check the name of the voter on the pollbook list with the number of the stub;
417 (iii) hand the voter the ballot for the registered political party that the voter requested
418 and for which the voter is authorized to vote; and
419 (iv) allow the voter to enter the voting booth.
420 (4) Whenever the election officer is required to furnish more than one kind of official
421 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
422 voter the kind of ballot that the voter is qualified to vote.
423 Section 10. Section 20A-9-808 is amended to read:
424 20A-9-808. Voting.
425 (1) (a) Any registered voter desiring to vote at the Western States Presidential Primary
426 shall give his name, the name of the registered political party whose ballot the voter wishes to
427 vote, and, if requested, his residence, to one of the election judges.
428 (b) If an election judge does not know the person requesting a ballot and has reason to
429 doubt that person's identity, the judge shall request identification or have the voter identified by
430 a known registered voter of the district.

431 (c) If the person's right to vote is challenged as provided in Section 20A-3-202 , the
432 judge shall follow the procedures and requirements of Section 20A-3-105.5 .
433 (2) (a) (i) When the voter is properly identified, the election judge in charge of the
434 official register shall [check the official register to] determine:
435 (A) whether or not the person is registered to vote by checking the official register or,
436 if the voter has registered on election day, the voter's registration form; and
437 (B) whether or not the person's party affiliation designation [in the official register]
438 allows the voter to vote the ballot that the voter requested by checking the official register or, if
439 the voter has registered on election day, the voter's registration form.
440 (ii) If the official register or registration form does not affirmatively identify the voter
441 as being affiliated with a registered political party or if the official register or registration form
442 identifies the voter as being "unaffiliated," the voter shall be considered to be "unaffiliated."
443 (b) If the voter's name is not found on the official register and if the voter has not
444 registered on election day, the election judge shall follow the procedures and requirements of
445 Section 20A-3-105.5 .
446 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
447 affiliation listed in the official register or on the election day voter registration form does not
448 allow the voter to vote the ballot that the voter requested, the election judge shall inform the
449 voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
450 does allow the voter to vote.
451 (ii) (A) If the voter is listed in the official register or on the election day voter
452 registration form as "unaffiliated," or if the official register or registration form does not
453 affirmatively identify the voter as either "unaffiliated" or affiliated with a registered political
454 party, and the voter, as an "unaffiliated" voter, is not authorized to vote the ballot that the voter
455 requests, the election judge shall ask the voter if the voter wishes to:
456 (I) affiliate with the registered political party whose ballot the voter requested[,];
457 (II) vote another registered political party ballot that the voter, as "unaffiliated," is
458 authorized to vote[,]; or
459 (III) remain "unaffiliated."
460 (B) If the voter wishes to affiliate with the registered political party whose ballot the
461 voter requested, the election judge shall enter in the official register the voter's new party

462 affiliation and proceed as required by Subsection (3).
463 (C) If the voter wishes to vote another registered political party ballot that the
464 unaffiliated voter is authorized to vote, the election judge shall proceed as required by
465 Subsection (3).
466 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
467 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
468 voter may not vote.
469 (3) If the election judge determines that the voter is registered and eligible, under
470 Subsection (2), to vote the ballot that the voter requested:
471 (a) the election judge in charge of the official register shall:
472 (i) write the ballot number and the name of the registered political party whose ballot
473 the voter voted opposite the name of the voter in the official register; and
474 (ii) direct the voter to sign his name in the election column in the official register;
475 (b) another judge shall list the ballot number and voter's name in the pollbook; and
476 (c) the election judge having charge of the ballots shall:
477 (i) endorse his initials on the stub;
478 (ii) check the name of the voter on the pollbook list with the number of the stub;
479 (iii) hand the voter the ballot for the registered political party that the voter requested
480 and for which the voter is authorized to vote; and
481 (iv) allow the voter to enter the voting booth.
482 (4) Whenever the election officer is required to furnish more than one kind of official
483 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
484 voter the kind of ballot that the voter is qualified to vote.




Legislative Review Note
as of 2-1-05 9:38 AM

Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.

Office of Legislative Research and General Counsel