H.B. 13

This document includes House Floor Amendments incorporated into the bill on Mon, Jan 30, 2006 at 11:07 AM by ddonat. --> This document includes Senate Committee Amendments incorporated into the bill on Mon, Feb 6, 2006 at 9:36 AM by rday. --> 1

COMMON POLLING PLACES AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas C. Aagard
5 Senate Sponsor: ____________
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code to allow additional use of common polling places.
10 Highlighted Provisions:
11 This bill:
12 . increases from 1,000 to H. [ 2,000 ] 1,250 .H the maximum number of active voters
12a allowed for a
13 voting precinct;
14 . expands the use of common polling places for two or more voting precincts to any
15 election and any county;
16 . repeals the restrictions that:
17 . the total population of the voters authorized to vote at the common polling place
18 may not exceed 4,000 active voters;
19 . in primary elections, the county legislative body may combine voting precincts;
20 and
21 . one set of election judges may be used for the combined precincts if the ballots
22 for each of the combined precincts are identical; H. [ and ]
22a . requires each county to have at least two polling places in the county on the date of
22b the election;
22c . requires each common polling place to have at least one voting device that is
22d accessible for individuals with disabilities; and .H
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-5-303, as last amended by Chapter 169, Laws of Utah 2005
31
32 Be it enacted by the Legislature of the state of Utah:
33 Section 1. Section 20A-5-303 is amended to read:
34 20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
35 Common polling places -- Combined voting precincts -- Counties.
36 (1) (a) After receiving recommendations from the county clerk, the county legislative
37 body may establish, divide, abolish, and change voting precincts.
38 (b) Within 30 days after the establishment, division, abolition, or change of a voting
39 precinct under this section, the county legislative body shall file with the Automated
40 Geographic Reference Center, created under Section 63F-1-506 , a notice describing the action
41 taken and specifying the resulting boundaries of each voting precinct affected by the action.
42 (2) (a) The county legislative body shall alter or divide voting precincts so that each
43 voting precinct contains not more than [1,000] S. [ 2,000 ] 1,250 .S active voters.
44 (b) The county legislative body shall:
45 (i) identify those precincts that may reach [1,000] S. [ 2,000 active voters or become ] the
45a limit of active voters in a precinct under Subsection (2)(a) or that becomes .S too
46 large to facilitate the election process; and
47 (ii) divide those precincts before February 1.
48 (3) The county legislative body may not:
49 (a) establish or abolish any voting precinct after February 1 of a regular general
50 election year; or
51 (b) alter or change the boundaries of any voting precinct after February 1 of a regular
52 general election year.
53 (4) (a) For the purpose of [balloting on regular primary or regular general election day]
54 voting in an election, the county legislative body may establish a common polling place for two
55 or more whole voting precincts [according to the following requirements:].
56 [(a) the total population of the voters authorized to vote at the common polling place
57 may not exceed 4,000 active voters; and]
58 (b) At least 90 days before the election, the county legislative body shall designate:

59 [(b)] (i) the voting precincts [voting at,] that will vote at the common polling place; and
60 (ii) the location of[,] the common polling place [shall be designated at least 90 days
61 before the election].
62 [(5) (a) In addition to the requirements contained in Subsection (4), in regular primary
63 elections only, the county legislative body may combine voting precincts and use one set of
64 election judges for the combined precincts if the ballots for each of the combined precincts are
65 identical.]
66 [(b) Notwithstanding Subsection (5)(a), the county legislative body in a fourth, fifth, or
67 sixth class county may, in any election, combine voting precincts and]
68 (c) A county may use one set of election judges for the [combined precincts if the
69 ballots for each of the combined precincts are identical] common polling place under this
70 Subsection (4).
70a H. (5) Each county shall have at least two polling places open for voting on the date of
70b the election.
70c (6) Each common polling place shall have at least one voting device that is accessible
70d for individuals with disabilities in accordance with Public Law 107-252, the Help America
70e Vote Act of 2002. .H




Legislative Review Note
as of 10-19-05 12:35 PM

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

Interim Committee Note
as of 12-16-05 6:57 AM

The Government Operations Interim Committee recommended this bill.