H.B. 1005 Enrolled

INTEGRITY OF ELECTION RESULTS
AMENDMENTS
2005 FIRST SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: John Dougall
Senate Sponsor: Curtis S. Bramble

LONG TITLE
General Description:
This bill amends election law and the duties of the chief election officer to require that
voting equipment produces an auditable record of votes cast.
Highlighted Provisions:
This bill:
. amends the Election Code and the duties of the chief election officer to require that
any voting equipment purchased be capable of producing an auditable, voter verified
paper trail of votes cast;
. amends the Election Code to require the lieutenant governor to establish a Voting
Equipment Selection Committee to provide recommendations and information on
new voting equipment systems before new voting systems are purchased;
. amends the Election Code to establish membership and reimbursement requirements
for the Voting Equipment Selection Committee;
. amends the Election Code to require the lieutenant governor to provide the public
with an opportunity to review and comment on new voting equipment systems
before new voting equipment systems are purchased; and
. amends the Election Code to require that any automatic voting equipment will
permit each voter to verify and correct the voter's selections before the ballot is cast.
Monies Appropriated in this Bill:
None
Other Special Clauses:

This bill provides an immediate effective date.
Utah Code Sections Affected:
AMENDS:
20A-5-302, as last amended by Chapter 113, Laws of Utah 2002
67-1a-2, as last amended by Chapters 133 and 176, Laws of Utah 2002
ENACTS:
20A-5-402.7, Utah Code Annotated 1953

Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-5-302 is amended to read:
20A-5-302. Automated voting system.
(1) Any county or municipal legislative body or special district board may:
(a) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
automated voting system that meets the requirements of this section; and
(b) use that system in any election, in all or a part of the voting precincts within its
boundaries, or in combination with paper ballots.
(2) (a) Each automated voting system shall:
(i) provide for voting in secrecy, except in the case of voters who have received
assistance as authorized by Section 20A-3-108 ;
(ii) permit each voter at any election to:
(A) vote for all persons and offices for whom and for which that voter is lawfully entitled
to vote;
(B) vote for as many persons for an office as that voter is entitled to vote; and
(C) vote for or against any ballot proposition upon which that voter is entitled to vote;
(iii) permit each voter, at presidential elections, by one mark or punch to vote for the
candidates of that party for president, vice president, and for their presidential electors;
(iv) permit each voter, at any regular general election, to vote for all the candidates of one
registered political party by making one mark or punch;

(v) permit each voter to scratch vote;
(vi) at elections other than primary elections, permit each voter to vote for the nominees
of one or more parties and for independent candidates;
(vii) at primary elections:
(A) permit each voter to vote for candidates of the political party of his choice; and
(B) reject any votes cast for candidates of another party;
(viii) prevent the voter from voting for the same person more than once for the same
office;
(ix) provide the opportunity for each voter to change the ballot and to correct any error
before the voter casts the ballot in compliance with the Help America Vote Act of 2002, Pub. L.
No. 107-252;
[(ix)] (x) include automatic tabulating equipment that rejects choices recorded on a
voter's ballot if the number of the voter's recorded choices is greater than the number which the
voter is entitled to vote for the office or on the measure;
[(x)] (xi) be of durable construction, suitably designed so that it may be used safely,
efficiently, and accurately in the conduct of elections and counting ballots;
[(xi)] (xii) when properly operated, record correctly and count accurately each vote cast;
[and]
(xiii) for voting equipment certified after January 1, 2005, produce a permanent paper
record that:
(A) shall be available as an official record for any recount or election contest conducted
with respect to an election where the voting equipment is used;
(B) (I) shall be available for the voter's inspection prior to the voter leaving the polling
place; and
(II) shall permit the voter to inspect the record of the voter's selections independently
only if reasonably practicable commercial methods permitting independent inspection are available
at the time of certification of the voting equipment by the lieutenant governor;
(C) shall include, at a minimum, human readable printing that shows a record of the voter's

selections;
(D) may also include machine readable printing which may be the same as the human
readable printing; and
(E) allows voting poll watchers and counting poll watchers to observe the election
process to ensure its integrity; and
[(xii)] (xiv) meet the requirements of Section 20A-5-402.5 .
(b) For the purposes of a recount or an election contest, if the permanent paper record
contains a conflict or inconsistency between the human readable printing and the machine readable
printing, the human readable printing shall supercede the machine readable printing when
determining the intent of the voter.
[(b)] (c) Notwithstanding any other provisions of this section, the election officers shall
ensure that the ballots to be counted by means of electronic or electromechanical devices are of a
size, layout, texture, and printed in a type of ink or combination of inks that will be suitable for
use in the counting devices in which they are intended to be placed.
Section 2. Section 20A-5-402.7 is enacted to read:
20A-5-402.7. Voting Equipment Selection Committee.
(1) As used in this section, "new voting equipment system" means voting equipment that
is operated in a materially different way or that functions in a materially different way than the
equipment being replaced.
(2) Before selecting or purchasing a new voting equipment system after January 1, 2007,
the lieutenant governor shall:
(a) appoint a Voting Equipment Selection Committee; and
(b) ensure that the committee includes persons having experience in:
(i) election procedures and administration;
(ii) computer technology;
(iii) data security;
(iv) auditing; and
(v) access for persons with disabilities.

(3) (a) (i) A member of the committee who is not a government employee shall receive no
compensation or benefits for the member's services, but may receive per diem and expenses
incurred in the performance of the member's official duties at the rates established by the Division
of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A member may decline to receive per diem and expenses for the member's services.
(b) (i) A state government officer or employee member who does not receive salary, per
diem, or expenses from the member's agency for the member's service may receive per diem and
expenses incurred in the performance of the member's official duties at the rates established by the
Division of Finance under Sections 63A-3-106 and 63A-3-107 .
(ii) A state government officer or employee member may decline to receive per diem for
the member's service.
(4) The lieutenant governor shall select a chair from the committee membership.
(5) The lieutenant governor may fill any vacancies that occur on the committee.
(6) The lieutenant governor's office shall provide staffing for the committee.
(7) The Voting Equipment Selection Committee shall:
(a) evaluate new voting equipment systems proposed for purchase by the state; and
(b) provide information and recommendations to assist the lieutenant governor with the
purchase of new voting equipment systems.
(8) The lieutenant governor may designate individuals, including committee members, to
inspect and review proprietary software as part of an evaluation of new voting equipment systems
under consideration for purchase.
(9) Before making any selection or purchase, the lieutenant governor shall provide for a
period of public review and comment on new voting equipment systems under consideration for
purchase by the state.
Section 3. Section 67-1a-2 is amended to read:
67-1a-2. Duties enumerated.
(1) The lieutenant governor shall:
(a) perform duties delegated by the governor, including assignments to serve in any of the

following capacities:
(i) as the head of any one department, if so qualified, with the consent of the Senate, and,
upon appointment at the pleasure of the governor and without additional compensation;
(ii) as the chairperson of any cabinet group organized by the governor or authorized by
law for the purpose of advising the governor or coordinating intergovernmental or
interdepartmental policies or programs;
(iii) as liaison between the governor and the state Legislature to coordinate and facilitate
the governor's programs and budget requests;
(iv) as liaison between the governor and other officials of local, state, federal, and
international governments or any other political entities to coordinate, facilitate, and protect the
interests of the state;
(v) as personal advisor to the governor, including advice on policies, programs,
administrative and personnel matters, and fiscal or budgetary matters; and
(vi) as chairperson or member of any temporary or permanent boards, councils,
commissions, committees, task forces, or other group appointed by the governor;
(b) serve on all boards and commissions in lieu of the governor, whenever so designated
by the governor;
(c) serve as the chief election officer of the state as required by Subsection (2);
(d) keep custody of the Great Seal of Utah;
(e) keep a register of, and attest, the official acts of the governor;
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
which the official signature of the governor is required; and
(g) furnish a certified copy of all or any part of any law, record, or other instrument filed,
deposited, or recorded in the office of the lieutenant governor to any person who requests it and
pays the fee.
(2) (a) As the chief election officer, the lieutenant governor shall:
(i) exercise general supervisory authority over all elections;
(ii) exercise direct authority over the conduct of elections for federal, state, and

multicounty officers and statewide or multicounty ballot propositions and any recounts involving
those races;
(iii) assist county clerks in unifying the election ballot;
(iv) prepare election information for the public and make that information available to the
news media;
(v) receive and answer election questions and maintain an election file on opinions
received from the attorney general;
(vi) maintain election returns and statistics;
(vii) certify to the governor the names of those persons who have received the highest
number of votes for any office; [and]
(viii) ensure that all voting equipment purchased by the state complies with the
requirements of Subsection 20A-5-302 (2) and Sections 20A-5-402.5 and 20A-5-402.7 ; and
[(viii)] (ix) perform other election duties as provided in Title 20A, Election Code.
(b) As chief election officer, the lieutenant governor may not assume the responsibilities
assigned to the county clerks, city recorders, town clerks, or other local election officials by Title
20A, Election Code.
Section 4. Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution Article VII, Section 8, without the governor's signature, or in the case of a veto, the
date of veto override.