H.B. 15

This document includes House Floor Amendments incorporated into the bill on Mon, Jan 30, 2006 at 11:23 AM by ddonat. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Feb 14, 2006 at 4:00 PM by rday. --> This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Fri, Feb 24, 2006 at 3:59 PM by rday. --> 1

EARLY VOTING
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas C. Aagard
5 Senate Sponsor: Parley G. Hellewell
6
7 LONG TITLE
8 General Description:
9 This bill amends the Election Code to permit in-person early voting prior to the date of
10 the election.
11 Highlighted Provisions:
12 This bill:
13 . permits registered voters to participate in early voting during the 14-day period
14 immediately prior to election day;
15 . provides that time periods related to replacement of candidates be based on the date
16 of commencement of voting rather than on election day;
17 . provides that candidate vacancies must be filled 30 days prior to election day;
18 . provides that voter registration for an election ends 30 days before the date of the
19 election with the exception of satellite registration, in-person registration at the
20 office of the county clerk, and registration for military personnel and overseas
21 citizens voting by absentee ballot;
22 . provides that voters who register using satellite registration or who register at the
23 office of the county clerk less than 30 days before a pending election are entitled to
24 vote on election day but not by using early voting;
25 . provides that voters must provide valid voter identification at the time of voting if
26 they choose to vote:
27 * by early voting on a date before the date of the election; or

28 * by in-person absentee ballot;
29 . modifies the Utah Election Registration Form to provide notice that voters must
30 provide valid voter identification in order to vote during the early voting period;
31 . provides definitions of documents that are acceptable as valid voter identification;
32 . provides that party affiliation may not be changed during the period beginning after
33 the voter registration deadline for a regular primary election and continuing through
34 the date of the regular primary election;
35 . modifies language relating to processing of voter registration forms to comply with
36 the 30 day voter registration deadline;
37 . modifies the dates for satellite voter registration to comply with the 30 day voter
38 registration deadline;
39 . modifies the dates provided in the voter registration notice to comply with the 30
40 day voter registration deadline;
41 . clarifies absentee ballot filing deadlines for overseas and military voters;
42 . modifies the application due date for overseas absentee voters to match the existing
43 deadline for other absentee votes;
44 . requires election judges to record the type of identification provided by the voter at
45 the time of voting in all cases where a provisional ballot is issued;
46 . requires election judges to issue a voter a provisional ballot when the election judge
47 determines that the voter has not presented sufficient identification;
48 . provides for the hours and locations of early voting;
48a H. . requires that at least ten percent of the voting devices at each early voting
48b polling place be accessible for individuals with disabilities; .H
49 . provides requirements for posting notice of early voting hours and locations;
50 . modifies the format of the official register to accommodate identification
51 requirements;
52 . requires the election officer to update voting history records during early voting;
53 . requires write-in candidates to file a declaration of candidacy no later than 30 days
54 before the date of the election;
55 . defines terms; and
56 . makes technical corrections.
57 Monies Appropriated in this Bill:
58 None

59 Other Special Clauses:
60 S. [ None ] This bill coordinates with H.B. 348 by substantively modifying language.
60a This bill coordinates with S.B. 10 by substantively modifying language. .S
61 Utah Code Sections Affected:
62 AMENDS:
63 20A-1-102, as last amended by Chapter 105, Laws of Utah 2005
64 20A-1-302, as last amended by Chapter 228, Laws of Utah 1993
65 20A-1-501, as last amended by Chapter 45, Laws of Utah 1999
66 20A-2-103, as last amended by Chapter 258, Laws of Utah 1996
67 20A-2-104, as last amended by Chapter 219, Laws of Utah 2004
68 20A-2-107, as last amended by Chapter 328, Laws of Utah 2000
69 20A-2-201, as last amended by Chapter 45, Laws of Utah 1999
70 20A-2-202, as last amended by Chapter 117, Laws of Utah 2003
71 20A-2-203, as last amended by Chapters 117 and 249, Laws of Utah 2003
72 20A-2-204, as last amended by Chapters 10, 24 and 183, Laws of Utah 1997
73 20A-2-205, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
74 20A-2-301, as repealed and reenacted by Chapter 311, Laws of Utah 1994
75 20A-2-304, as enacted by Chapter 311, Laws of Utah 1994
76 20A-2-306, as last amended by Chapter 24, Laws of Utah 1997
77 20A-3-104, as last amended by Chapter 37, Laws of Utah 2003
78 20A-3-104.5, as last amended by Chapter 159, Laws of Utah 2003
79 20A-3-105.5, as last amended by Chapters 34, 117 and 131, Laws of Utah 2003
80 20A-3-304.1, as last amended by Chapter 105, Laws of Utah 2005
81 20A-3-305, as last amended by Chapter 195, Laws of Utah 2004
82 20A-3-308, as last amended by Chapter 37, Laws of Utah 2003
83 20A-3-401, as last amended by Chapter 37, Laws of Utah 2003
84 20A-3-404, as last amended by Chapter 20, Laws of Utah 2001
85 20A-3-406, as last amended by Chapter 117, Laws of Utah 2003
86 20A-4-107, as last amended by Chapter 34, Laws of Utah 2003
87 20A-5-401, as last amended by Chapter 105, Laws of Utah 2005
88 20A-5-605, as last amended by Chapter 282, Laws of Utah 1998
89 20A-9-601, as last amended by Chapter 81, Laws of Utah 2000

90 20A-9-808, as last amended by Chapter 117, Laws of Utah 2003
91 ENACTS:
92 20A-2-102.5, Utah Code Annotated 1953
93 20A-3-601, Utah Code Annotated 1953
94 20A-3-602, Utah Code Annotated 1953
95 20A-3-603, Utah Code Annotated 1953
96 20A-3-604, Utah Code Annotated 1953
97
98 Be it enacted by the Legislature of the state of Utah:
99 Section 1. Section 20A-1-102 is amended to read:
100 20A-1-102. Definitions.
101 As used in this title:
102 (1) "Active voter" means a registered voter who has not been classified as an inactive
103 voter by the county clerk.
104 (2) "Automatic tabulating equipment" means apparatus that automatically examines
105 and counts votes recorded on paper ballots or ballot cards and tabulates the results.
106 (3) "Ballot" means the cardboard, paper, or other material upon which a voter records
107 his votes and includes ballot cards, paper ballots, and secrecy envelopes.
108 (4) "Ballot card" means a ballot that can be counted using automatic tabulating
109 equipment.
110 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
111 contain the names of offices and candidates and statements of ballot propositions to be voted
112 on and which are used in conjunction with ballot cards.
113 (6) "Ballot proposition" means opinion questions specifically authorized by the
114 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
115 that are submitted to the voters for their approval or rejection.
116 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
117 20A-4-306 to canvass election returns.
118 (8) "Bond election" means an election held for the purpose of approving or rejecting
119 the proposed issuance of bonds by a government entity.
120 (9) "Book voter registration form" means voter registration forms contained in a bound

121 book that are used by election officers and registration agents to register persons to vote.
122 (10) "By-mail voter registration form" means a voter registration form designed to be
123 completed by the voter and mailed to the election officer.
124 (11) "Canvass" means the review of election returns and the official declaration of
125 election results by the board of canvassers.
126 (12) "Canvassing judge" means an election judge designated to assist in counting
127 ballots at the canvass.
128 (13) "Convention" means the political party convention at which party officers and
129 delegates are selected.
130 (14) "Counting center" means one or more locations selected by the election officer in
131 charge of the election for the automatic counting of ballots.
132 (15) "Counting judge" means a judge designated to count the ballots during election
133 day.
134 (16) "Counting poll watcher" means a person selected as provided in Section
135 20A-3-201 to witness the counting of ballots.
136 (17) "Counting room" means a suitable and convenient private place or room,
137 immediately adjoining the place where the election is being held, for use by the counting
138 judges to count ballots during election day.
139 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
140 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
141 (20) "County officers" means those county officers that are required by law to be
142 elected.
143 (21) "Election" means a regular general election, a municipal general election, a
144 statewide special election, a local special election, a regular primary election, a municipal
145 primary election, and a special district election.
146 (22) "Election Assistance Commission" means the commission established by Public
147 Law 107-252, the Help America Vote Act of 2002.
148 (23) "Election cycle" means the period beginning on the first day persons are eligible to
149 file declarations of candidacy and ending when the canvass is completed.
150 (24) "Election judge" means each canvassing judge, counting judge, and receiving
151 judge.

152 (25) "Election officer" means:
153 (a) the lieutenant governor, for all statewide ballots;
154 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
155 as provided in Section 20A-5-400.5 ;
156 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
157 provided in Section 20A-5-400.5 ;
158 (d) the special district clerk or chief executive officer for certain ballots and elections
159 as provided in Section 20A-5-400.5 ; and
160 (e) the business administrator or superintendent of a school district for certain ballots
161 or elections as provided in Section 20A-5-400.5 .
162 (26) "Election official" means any election officer, election judge, or satellite registrar.
163 (27) "Election results" means, for bond elections, the count of those votes cast for and
164 against the bond proposition plus any or all of the election returns that the board of canvassers
165 may request.
166 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
167 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
168 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
169 spoiled ballots, the ballot disposition form, and the total votes cast form.
170 (29) "Electronic voting system" means a system in which a voting device is used in
171 conjunction with ballots so that votes recorded by the voter are counted and tabulated by
172 automatic tabulating equipment.
173 (30) "Inactive voter" means a registered voter who has been sent the notice required by
174 Section 20A-2-306 and who has failed to respond to that notice.
175 (31) "Inspecting poll watcher" means a person selected as provided in this title to
176 witness the receipt and safe deposit of voted and counted ballots.
177 (32) "Judicial office" means the office filled by any judicial officer.
178 (33) "Judicial officer" means any justice or judge of a court of record or any county
179 court judge.
180 (34) "Local election" means a regular municipal election, a local special election, a
181 special district election, and a bond election.
182 (35) "Local political subdivision" means a county, a municipality, a special district, or

183 a local school district.
184 (36) "Local special election" means a special election called by the governing body of a
185 local political subdivision in which all registered voters of the local political subdivision may
186 vote.
187 (37) "Municipal executive" means:
188 (a) the city commission, city council, or town council in the traditional management
189 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
190 (b) the mayor in the council-mayor optional form of government defined in Section
191 10-3-101 ; and
192 (c) the manager in the council-manager optional form of government defined in
193 Section 10-3-101 .
194 (38) "Municipal general election" means the election held in municipalities and special
195 districts on the first Tuesday after the first Monday in November of each odd-numbered year
196 for the purposes established in Section 20A-1-202 .
197 (39) "Municipal legislative body" means:
198 (a) the city commission, city council, or town council in the traditional management
199 arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
200 (b) the municipal council in the council-mayor optional form of government defined in
201 Section 10-3-101 ; and
202 (c) the municipal council in the council-manager optional form of government defined
203 in Section 10-3-101 .
204 (40) "Municipal officers" means those municipal officers that are required by law to be
205 elected.
206 (41) "Municipal primary election" means an election held to nominate candidates for
207 municipal office.
208 (42) "Official ballot" means the ballots distributed by the election officer to the election
209 judges to be given to voters to record their votes.
210 (43) "Official endorsement" means:
211 (a) the information on the ballot that identifies:
212 (i) the ballot as an official ballot;
213 (ii) the date of the election; and

214 (iii) the facsimile signature of the election officer; and
215 (b) the information on the ballot stub that identifies:
216 (i) the election judge's initials; and
217 (ii) the ballot number.
218 (44) "Official register" means the book furnished election officials by the election
219 officer that contains the information required by Section 20A-5-401 .
220 (45) "Paper ballot" means a paper that contains:
221 (a) the names of offices and candidates and statements of ballot propositions to be
222 voted on; and
223 (b) spaces for the voter to record his vote for each office and for or against each ballot
224 proposition.
225 (46) "Political party" means an organization of registered voters that has qualified to
226 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
227 Formation and Procedures.
228 (47) "Polling place" means the building where [residents of a voting precinct vote or
229 where absentee] voting is conducted.
230 (48) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
231 in which the voter marks his choice.
232 (49) "Posting list" means a list of registered voters within a voting precinct.
233 [(50) "Proof of identity" means some form of photo identification, such as a driver
234 license or identification card, that establishes a person's identity.]
235 [(51) "Proof of residence" means some official document or form, such as a driver
236 license or utility bill that establishes a person's residence.]
237 [(52)] (50) "Provisional ballot" means a ballot voted provisionally by a person:
238 (a) whose name is not listed on the official register at the polling place; [or]
239 (b) whose legal right to vote is challenged as provided in this title[.]; or
240 (c) whose identity was not sufficiently established by an election judge.
241 [(53)] (51) "Provisional ballot envelope" means an envelope printed in the form
242 required by Section 20A-6-105 that is used to identify provisional ballots and to provide
243 information to verify a person's legal right to vote.
244 [(54)] (52) "Primary convention" means the political party conventions at which

245 nominees for the regular primary election are selected.
246 [(55)] (53) "Protective counter" means a separate counter, which cannot be reset, that is
247 built into a voting machine and records the total number of movements of the operating lever.
248 [(56)] (54) "Qualify" or "qualified" means to take the oath of office and begin
249 performing the duties of the position for which the person was elected.
250 [(57)] (55) "Receiving judge" means the election judge that checks the voter's name in
251 the official register, provides the voter with a ballot, and removes the ballot stub from the ballot
252 after the voter has voted.
253 [(58)] (56) "Registration days" means the days designated in Section 20A-2-203 when
254 a voter may register to vote with a satellite registrar.
255 [(59)] (57) "Registration form" means a book voter registration form and a by-mail
256 voter registration form.
257 [(60)] (58) "Regular ballot" means a ballot that is not a provisional ballot.
258 [(61)] (59) "Regular general election" means the election held throughout the state on
259 the first Tuesday after the first Monday in November of each even-numbered year for the
260 purposes established in Section 20A-1-201 .
261 [(62)] (60) "Regular primary election" means the election on the fourth Tuesday of
262 June of each even-numbered year, at which candidates of political parties and nonpolitical
263 groups are voted for nomination.
264 [(63)] (61) "Resident" means a person who resides within a specific voting precinct in
265 Utah.
266 [(64)] (62) "Sample ballot" means a mock ballot similar in form to the official ballot
267 printed and distributed as provided in Section 20A-5-405 .
268 [(65)] (63) "Satellite registrar" means a person appointed under Section 20A-5-201 to
269 register voters and perform other duties.
270 [(66)] (64) "Scratch vote" means to mark or punch the straight party ticket and then
271 mark or punch the ballot for one or more candidates who are members of different political
272 parties.
273 [(67)] (65) "Secrecy envelope" means the envelope given to a voter along with the
274 ballot into which the voter places the ballot after he has voted it in order to preserve the secrecy
275 of the voter's vote.

276 [(68)] (66) "Special district" means those local government entities created under the
277 authority of Title 17A.
278 [(69)] (67) "Special district officers" means those special district officers that are
279 required by law to be elected.
280 [(70)] (68) "Special election" means an election held as authorized by Section
281 20A-1-204 .
282 [(71)] (69) "Spoiled ballot" means each ballot that:
283 (a) is spoiled by the voter;
284 (b) is unable to be voted because it was spoiled by the printer or the election judge; or
285 (c) lacks the official endorsement.
286 [(72)] (70) "Statewide special election" means a special election called by the governor
287 or the Legislature in which all registered voters in Utah may vote.
288 [(73)] (71) "Stub" means the detachable part of each ballot.
289 [(74)] (72) "Substitute ballots" means replacement ballots provided by an election
290 officer to the election judges when the official ballots are lost or stolen.
291 [(75)] (73) "Ticket" means each list of candidates for each political party or for each
292 group of petitioners.
293 [(76)] (74) "Transfer case" means the sealed box used to transport voted ballots to the
294 counting center.
295 [(77)] (75) "Vacancy" means the absence of a person to serve in any position created
296 by statute, whether that absence occurs because of death, disability, disqualification,
297 resignation, or other cause.
298 (76) "Valid voter identification" means:
299 (a) a form of identification that bears the name and photograph of the voter which may
300 include:
301 (i) a currently valid Utah driver license;
302 (ii) a currently valid identification card that is issued by:
303 (A) the state;
304 (B) a local government within the state; or
305 (C) a branch, department, or agency of the United States;
306 (iii) an identification card that is issued by an employer for an employee;

307 (iv) a currently valid identification card that is issued by a college, university, technical
308 school, or professional school that is located within the state;
309 (v) a currently valid Utah permit to carry a concealed weapon;
310 (vi) a currently valid United States passport; or
311 (vii) a valid tribal identification card; or
312 (b) two forms of identification that bear the name S. [ and current address ] .S of the
312a voter
313 S. and provide evidence that the voter resides in the voting precinct, .S which may include:
314 (i) a voter identification card;
315 (ii) a current utility bill or a legible copy thereof;
316 (iii) a bank or other financial account statement, or a legible copy thereof;
317 (iv) a certified birth certificate;
318 (v) a valid Social Security card;
319 (vi) a check issued by the state or the federal government or a legible copy thereof;
320 (vii) a paycheck from the voter's employer, or a legible copy thereof;
321 (viii) a currently valid Utah hunting or fishing license;
322 (ix) a currently valid United States military identification card;
323 (x) certified naturalization documentation;
324 (xi) a currently valid license issued by an authorized agency of the United States;
325 (xii) a certified copy of court records showing the voter's adoption or name change; S. [ or ] .S
325a (xiii) S. a Bureau of Indian Affairs card;
325b (xiv) a tribal treaty card;
325c (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
326 (xiv) .S a form of identification listed in Subsection (76)(a) that does not contain a
327 photograph, but establishes the name S. of the voter .S and S. [ current address of ] provides
327a evidence that .S the voter S. resides in the voting precinct .S .
328 [(78)] (77) "Valid write-in candidate" means a candidate who has qualified as a
329 write-in candidate by following the procedures and requirements of this title.
330 [(79)] (78) "Voter" means a person who meets the requirements for voting in an
331 election, meets the requirements of election registration, is registered to vote, and is listed in
332 the official register book.
333 (79) "Voter registration deadline" means the registration deadline provided in Section
334 20A-2-102.5 .
335 (80) "Voting area" means the area within six feet of the voting booths, voting
336 machines, and ballot box.
337 (81) "Voting booth" means the space or compartment within a polling place that is

338 provided for the preparation of ballots and includes the voting machine enclosure or curtain.
339 (82) "Voting device" means:
340 (a) an apparatus in which ballot cards are used in connection with a punch device for
341 piercing the ballots by the voter;
342 (b) a device for marking the ballots with ink or another substance; or
343 (c) any other method for recording votes on ballots so that the ballot may be tabulated
344 by means of automatic tabulating equipment.
345 (83) "Voting machine" means a machine designed for the sole purpose of recording
346 and tabulating votes cast by voters at an election.
347 (84) "Voting poll watcher" means a person appointed as provided in this title to
348 witness the distribution of ballots and the voting process.
349 (85) "Voting precinct" means the smallest voting unit established as provided by law
350 within which qualified voters vote at one polling place.
351 (86) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting
352 poll watcher.
353 (87) "Western States Presidential Primary" means the election established in Title 20A,
354 Chapter 9, Part 8.
355 (88) "Write-in ballot" means a ballot containing any write-in votes.
356 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
357 ballot according to the procedures established in this title.
358 Section 2. Section 20A-1-302 is amended to read:
359 20A-1-302. Opening and closing of polls on election day.
360 (1) Polls at all elections on the date of the election shall open at 7 a.m. and shall remain
361 open until 8 p.m. of the same day.
362 (2) The election judges shall allow every voter who arrives at the polls by 8 p.m. to
363 vote.
364 Section 3. Section 20A-1-501 is amended to read:
365 20A-1-501. Candidate vacancies -- Procedure for filling.
366 (1) The state central committee of a political party, for candidates for United States
367 senator, United States representative, governor, lieutenant governor, attorney general, state
368 treasurer, and state auditor, and for legislative candidates whose legislative districts encompass

369 more than one county, and the county central committee of a political party, for all other party
370 candidates seeking an office elected at a regular general election, may certify the name of
371 another candidate to the appropriate election officer if:
372 (a) after the close of the period for filing declarations of candidacy [but before the] and
373 continuing through the date 15 days before the date of the primary election:
374 (i) only one or two candidates from that party have filed a declaration of candidacy for
375 that office; and
376 (ii) one or both:
377 (A) dies;
378 (B) resigns because of becoming physically or mentally disabled as certified by a
379 physician; or
380 (C) is disqualified by an election officer for improper filing or nominating procedures;
381 or
382 (b) after the close of the primary election [but before the] and continuing through the
383 date of the voter registration deadline for the general election as established in Section
384 20A-2-102.5 , the party's candidate:
385 (i) dies;
386 (ii) resigns because of becoming physically or mentally disabled as certified by a
387 physician;
388 (iii) is disqualified by an election officer for improper filing or nominating procedures;
389 or
390 (iv) resigns to become a candidate for President or Vice-President of the United States.
391 (2) If no more than two candidates from a political party have filed a declaration of
392 candidacy for an office elected at a regular general election and one resigns to become the party
393 candidate for another position, the state central committee of that political party, for candidates
394 for governor, lieutenant governor, attorney general, state treasurer, and state auditor, and for
395 legislative candidates whose legislative districts encompass more than one county, and the
396 county central committee of that political party, for all other party candidates, may certify the
397 name of another candidate to the appropriate election officer.
398 (3) Each replacement candidate shall file a declaration of candidacy as required by
399 Title 20A, Chapter 9, Part 2, Candidate Qualifications and Declarations of Candidacy.

400 (4) A replacement candidate may not be certified for an election during the period
401 beginning on the day after the date of the voter registration deadline and continuing through the
402 date of the election.
403 Section 4. Section 20A-2-102.5 is enacted to read:
404 20A-2-102.5. Voter registration deadline.
405 (1) Except as provided in Sections 20A-2-201 and 20A-2-203 and in Title 20A,
406 Chapter 3, Part 4, Voting by Members of the Military and by Other Persons Living or Serving
407 Abroad, a person who fails to submit a correctly completed voter registration form on or before
408 the voter registration deadline shall not be permitted to vote in the election.
409 (2) The voter registration deadline shall be the date that is 30 calendar days before the
410 date of the election.
411 (3) If the voter registration deadline established in Subsection (2) falls on a weekend or
412 holiday, it shall be extended to the next regular business day.
413 Section 5. Section 20A-2-103 is amended to read:
414 20A-2-103. Special elections -- Lists of voters.
415 (1) (a) A special registration of voters is not required for a statewide or local special
416 election.
417 (b) The last official or revised register is the register for the statewide or local special
418 election.
419 (2) If a statewide or local special election is held at the same time and place as a
420 regular general election, a municipal general election, or a primary, persons qualified to vote at
421 those elections may also vote in the statewide or local special election.
422 (3) [(a)] If a statewide or local special election is held on a date other than the date of a
423 regular or municipal general election, the county clerk of each county in which the municipality
424 or entity is wholly or partly located shall register persons to vote in that election during regular
425 office hours in accordance with the requirements of this chapter.
426 [(b) The county clerk may not register persons to vote in that election if 20 or fewer
427 days remain before the election.]
428 (4) The county clerk of each county in which the entity holding the statewide or local
429 special election is located shall make registration lists or copies of those lists available at each
430 polling place for use by registered voters entitled to use those polling places.

431 Section 6. Section 20A-2-104 is amended to read:
432 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
433 (1) Every person applying to be registered shall complete a registration form printed in
434 substantially the following form:
435 -----------------------------------------------------------------------------------------------------------------
436 UTAH ELECTION REGISTRATION FORM
437 Are you a citizen of the United States of America? Yes No
438 Will you be 18 years old on or before election day? Yes No
439 If you checked "no" to either of the above two questions, do not complete this form.
440 Name of Voter __________________________________________________________
441 First Middle Last
442 Driver License or Identification Card Number__________________________
443 State of issuance of Driver License or Identification Card
444 Date of Birth ______________________________________________________
445 Street Address of Principal Place of Residence
446 ________________________________________________________________________
447 City County State Zip Code
448 Telephone Number (optional) _________________________
449 Last four digits of Social Security Number ______________________
450 Last former address at which I was registered to vote (if known)_____________________
451 ________________________________________________________________________
452 City County State Zip Code
453 Voting Precinct (if known)___________________________________________________
454 Political Party
455 .American .Democrat .Green .Independent American .Libertarian .Natural Law
456 .Reform .Populist .Republican .Socialist Workers .Unaffiliated (no political party
457 preference)
458 Other (Please specify) ______________________________
459 I do swear (or affirm), subject to penalty of law for false statements, that the
460 information contained in this form is true, and that I am a citizen of the United States and a
461 resident of the state of Utah, residing at the above address. I will be at least 18 years old and

462 will have resided in Utah for 30 days immediately before the next election. I am not a
463 convicted felon currently incarcerated for commission of a felony.
464 Signed and sworn
465 __________________________________________________________
466 Voter's Signature
467 _______________(month/day/year).
468 CITIZENSHIP AFFIDAVIT
469 Name:
470 Name at birth, if different:
471 Place of birth:
472 Date of birth:
473 Date and place of naturalization (if applicable):
474 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
475 citizen and that to the best of my knowledge and belief the information above is true and
476 correct.
477 ____________________________
478 Signature of Applicant
479 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
480 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
481 up to one year in jail and a fine of up to $2,500.
482 NOTICE: IN ORDER TO BE ALLOWED TO VOTE FOR THE FIRST TIME IN A VOTING
483 PRECINCT [YOU MUST EITHER] FOR THE FIRST TIME OR TO VOTE DURING THE
484 EARLY VOTING PERIOD BEFORE THE DATE OF THE ELECTION YOU MUST
485 PRESENT VALID VOTER IDENTIFICATION TO THE ELECTION JUDGE BEFORE
486 VOTING AS FOLLOWS:
487 (1) [INCLUDE A COPY OF] A VALID FORM OF PHOTO IDENTIFICATION [OR PROOF
488 OF RESIDENCE WITH THIS VOTER REGISTRATION FORM] THAT SHOWS YOUR
489 NAME, PHOTOGRAPH, AND CURRENT ADDRESS; OR
490 [(2) PRESENT A VALID FORM OF PHOTO IDENTIFICATION OR PROOF OF
491 RESIDENCE TO THE ELECTION JUDGE BEFORE YOU MAY VOTE.]
492 (2) TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND

493 CURRENT ADDRESS.
494 FOR OFFICIAL USE ONLY
495 Type of I.D. ____________________________
496 Voting Precinct _________________________
497 Voting I.D. Number _____________________
498 -------------------------------------------------------------------------------------------------------------------
499 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
500 which may be electronic or some other recognized system.
501 (3) (a) Each county clerk shall retain lists of currently registered voters.
502 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
503 (c) If there are any discrepancies between the two lists, the county clerk's list is the
504 official list.
505 (d) The lieutenant governor and the county clerks may charge the fees established
506 under the authority of Subsection 63-2-203 (10) to individuals who wish to obtain a copy of the
507 list of registered voters.
508 (4) When political parties not listed on the voter registration form qualify as registered
509 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
510 lieutenant governor shall inform the county clerks about the name of the new political party
511 and direct the county clerks to ensure that the voter registration form is modified to include that
512 political party.
513 (5) Upon receipt of a voter registration form from an applicant, the county clerk or the
514 clerk's designee shall:
515 (a) review each voter registration form for completeness and accuracy; and
516 (b) if the county clerk believes, based upon a review of the form, that a person may be
517 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
518 county attorney for investigation and possible prosecution.
519 Section 7. Section 20A-2-107 is amended to read:
520 20A-2-107. Designating or changing party affiliation.
521 (1) [For each person who registers to vote on or after May 1, 2000, the] The county
522 clerk shall:
523 (a) record the party affiliation designated by the voter on the voter registration form as

524 the voter's party affiliation; or
525 (b) if no political party affiliation is designated by the voter on the voter registration
526 form, record the voter's party affiliation as "unaffiliated."
527 (2) (a) Any registered voter may designate or change the voter's political party
528 affiliation by complying with the procedures and requirements of this Subsection (2).
529 (b) Except for the [20 days immediately before a] period beginning on the day after the
530 voter registration deadline and continuing through the date of the regular primary election, any
531 registered voter may designate or change the voter's political party affiliation by filing a signed
532 form with the county clerk that identifies the registered political party with which the voter
533 chooses to affiliate.
534 Section 8. Section 20A-2-201 is amended to read:
535 20A-2-201. Registering to vote at office of county clerk.
536 (1) Except as provided in Subsection (2), the county clerk shall register to vote all
537 persons who present themselves for registration at the county clerk's office during designated
538 office hours if those persons, on voting day, will be legally qualified and entitled to vote in a
539 voting precinct in the county.
540 (2) [During the seven calendar days immediately before any scheduled election] Except
541 as provided in Subsection (3), if a registration form is submitted to the county clerk after the
542 last day of satellite registration as provided in Section 20A-2-203 , the county clerk shall:
543 (a) accept registration forms from all persons who present themselves for registration at
544 the clerk's office during designated office hours if those persons, on voting day, will be legally
545 qualified and entitled to vote in a voting precinct in the county; and
546 (b) inform them that they will be registered to vote but may not vote in the pending
547 election because they registered too late.
548 (3) If a registration form is submitted in person at the office of the county clerk during
549 the period beginning on the date after the voter registration deadline and ending on the last day
550 of satellite registration as provided in Section 20A-2-203 , the county clerk shall:
551 (a) accept registration forms from all persons who present themselves for registration at
552 the clerk's office during designated office hours if those persons, on voting day, will be legally
553 qualified and entitled to vote in a voting precinct in the county; and
554 (b) inform them that:

555 (i) they will be registered to vote in the pending election; and
556 (ii) for the pending election, they must vote on election day and will not be eligible to
557 vote using early voting under Chapter 3, Part 6, Early Voting, because they registered too late.
558 Section 9. Section 20A-2-202 is amended to read:
559 20A-2-202. Registration by mail.
560 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
561 (b) To register by mail, a citizen shall complete and sign the by-mail registration form
562 and mail or deliver it to the county clerk of the county in which the citizen resides.
563 (c) (i) In order to register to vote in a particular election, the citizen shall:
564 (A) address the by-mail voter registration form to the county clerk; and
565 (B) ensure that it is postmarked [at least 20 days before the date of the election] on or
566 before the voter registration deadline.
567 (ii) If the voter is registering for the first time in the county, the citizen shall either:
568 (A) submit a copy of [a proof of identification or proof of residence] the voter's valid
569 voter identification with the by-mail voter registration form; or
570 (B) submit [proof of identification or proof of residence] valid voter identification to
571 the election judge at the time the citizen votes.
572 (d) The citizen has effectively registered to vote under this section only when the
573 county clerk's office has received a correctly completed by-mail voter registration form.
574 (2) Upon receipt of a correctly completed by-mail voter registration form, the county
575 clerk shall:
576 (a) enter the applicant's name on the list of registered voters for the voting precinct in
577 which the applicant resides; and
578 (b) mail confirmation of registration to the newly registered voter after entering the
579 applicant's voting precinct number on that copy.
580 (3) (a) If the county clerk receives a correctly completed by-mail voter registration
581 form that is postmarked [less than 20 days before an election] after the voter registration
582 deadline, the county clerk shall:
583 (i) register the applicant after the next election; and
584 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
585 informing the applicant that his registration will not be effective until after the election.

586 (b) When the county clerk receives a correctly completed by-mail voter registration
587 [forms] form at least seven days before an election that [are] is postmarked [at least 20 days
588 before the election] on or before the date of the voter registration deadline, the county clerk
589 shall:
590 (i) process the by-mail voter registration [forms] form; and
591 (ii) record the new [voters] voter in the official register and posting list.
592 (4) If the county clerk determines that a registration form received by mail or otherwise
593 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
594 the person attempting to register, informing him that he has not been registered because of an
595 error or because the form is incomplete.
596 Section 10. Section 20A-2-203 is amended to read:
597 20A-2-203. Satellite location -- Registration by satellite registrar.
598 (1) (a) Each county clerk shall designate sufficient satellite registration locations to
599 ensure that voters in all parts of the county have the opportunity to register to vote.
600 (b) A county clerk may designate as many satellite locations as desired.
601 (2) (a) Any person who meets the voter registration requirements may register to vote
602 with a satellite registrar at any satellite location within the person's county of residence between
603 8 a.m. and 8 p.m.:
604 (i) on the Friday and Monday, the [eighth and eleventh] fifteenth and eighteenth day,
605 before the regular primary election in counties holding a primary election;
606 (ii) on the Friday and Monday, the [eighth and eleventh] fifteenth and eighteenth day,
607 before the regular general election;
608 (iii) on the Friday and Monday, the [eighth and eleventh] fifteenth and eighteenth day,
609 before the municipal primary election in municipalities holding a municipal primary election;
610 and
611 (iv) on the Friday and Monday, the [eighth and eleventh] fifteenth and eighteenth day,
612 before the municipal general election.
613 (b) Each satellite registrar shall register to vote all persons who:
614 (i) present themselves for registration; and
615 (ii) are legally qualified and entitled to vote in that voting precinct on election day.
616 (3) (a) Unless the voter is registering for the first time, a voter may not designate or

617 change the voter's political party affiliation at the satellite location for voter registration on the
618 dates established in Subsection (2)(a)(i) for primary election voter registration.
619 (b) A voter wanting to change political party affiliation shall comply with the
620 requirements of Section 20A-2-107 .
621 (4) For municipal elections, the municipality in which the registration is made shall pay
622 the expenses of registration.
623 (5) A voter who registers to vote via satellite registration:
624 (a) shall be eligible to vote in the pending election on election day; and
625 (b) shall not be eligible to vote in the pending election using early voting under
626 Chapter 3, Part 6, Early Voting.
627 Section 11. Section 20A-2-204 is amended to read:
628 20A-2-204. Registering to vote when applying for or renewing a driver license.
629 (1) As used in this section, "voter registration form" means the driver license
630 application/voter registration form and the driver license renewal/voter registration form
631 required by Section 20A-2-108 .
632 (2) Any citizen who is qualified to vote may register to vote by completing the voter
633 registration form.
634 (3) The Driver License Division shall:
635 (a) assist applicants in completing the voter registration form unless the applicant
636 refuses assistance;
637 (b) accept completed forms for transmittal to the appropriate election official;
638 (c) transmit a copy of each voter registration form to the appropriate election official
639 within five days after it is received by the division;
640 (d) transmit each address change within five days after it is received by the division;
641 and
642 (e) transmit electronically to the lieutenant governor's office the name, address, birth
643 date, and driver license number of each person who answers "yes" to the question on the driver
644 license form about registering to vote.
645 (4) Upon receipt of a correctly completed voter registration form, the county clerk
646 shall:
647 (a) enter the applicant's name on the list of registered voters for the voting precinct in

648 which the applicant resides; and
649 (b) notify the applicant of registration.
650 (5) (a) If the county clerk receives a correctly completed voter registration form that is
651 dated [less than 20 days before an election] after the voter registration deadline, the county
652 clerk shall:
653 (i) register the applicant after the next election; and
654 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
655 informing the applicant that his registration will not be effective until after the election.
656 (b) When the county clerk receives [any] a correctly completed voter registration
657 [forms] form at least seven days before an election that [are] is dated [at least 20 days before
658 the election] on or before the voter registration deadline, the county clerk shall:
659 (i) process the voter registration [forms] form; and
660 (ii) record the new [voters] voter in the official register and posting list.
661 (6) If the county clerk determines that a voter registration form received from the
662 Driver License Division is incorrect because of an error or because it is incomplete, the county
663 clerk shall mail notice to the person attempting to register, informing him that he has not been
664 registered because of an error or because the form is incomplete.
665 Section 12. Section 20A-2-205 is amended to read:
666 20A-2-205. Registration at voter registration agencies.
667 (1) As used in this section:
668 (a) "Discretionary voter registration agency" means each office designated by the
669 county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
670 by-mail voter registration forms to the public.
671 (b) "Public assistance agency" means each office in Utah that provides:
672 (i) public assistance; or
673 (ii) state funded programs primarily engaged in providing services to people with
674 disabilities.
675 (2) Any person may obtain and complete a by-mail registration form at a public
676 assistance agency or discretionary voter registration agency.
677 (3) Each public assistance agency and discretionary voter registration agency shall
678 provide, either as part of existing forms or on a separate form, the following information in

679 substantially the following form:
680 "REGISTERING TO VOTE
681 If you are not registered to vote where you live now, would you like to apply to register
682 to vote here today? (Applying to register to vote or declining to register to vote will not affect
683 the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
684 DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
685 NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
686 voter registration application form, we will help you. The decision about whether or not to
687 seek or accept help is yours. You may fill out the application form in private. If you believe
688 that someone has interfered with your right to register or to decline to register to vote, your
689 right to privacy in deciding whether or not to register, or in applying to register to vote, or your
690 right to choose your own political party or other political preference, you may file a complaint
691 with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
692 84114. [phone]."
693 (4) Unless a person applying for service or assistance from a public assistance agency
694 or discretionary voter registration agency declines, in writing, to register to vote, each public
695 assistance agency and discretionary voter registration agency shall:
696 (a) distribute a by-mail voter registration form with each application for service or
697 assistance provided by the agency or office;
698 (b) assist applicants in completing the voter registration form unless the applicant
699 refuses assistance;
700 (c) accept completed forms for transmittal to the appropriate election official; and
701 (d) transmit a copy of each voter registration form to the appropriate election official
702 within five days after it is received by the division.
703 (5) A person in a public assistance agency or a discretionary voter registration agency
704 that helps a person complete the voter registration form may not:
705 (a) seek to influence an applicant's political preference or party registration;
706 (b) display any political preference or party allegiance;
707 (c) make any statement to an applicant or take any action that has the purpose or effect
708 of discouraging the applicant from registering to vote; or
709 (d) make any statement to an applicant or take any action that has the purpose or effect

710 of leading the applicant to believe that a decision to register or not to register has any bearing
711 upon the availability of services or benefits.
712 (6) Upon receipt of a correctly completed voter registration form, the county clerk
713 shall:
714 (a) enter the applicant's name on the list of registered voters for the voting precinct in
715 which the applicant resides; and
716 (b) notify the applicant of registration.
717 (7) (a) If the county clerk receives a correctly completed voter registration form that is
718 dated [less than 20 days before an election] after the voter registration deadline, the county
719 clerk shall:
720 (i) register the applicant after the next election; and
721 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
722 informing the applicant that his registration will not be effective until after the election.
723 (b) When the county clerk receives [any] a correctly completed voter registration
724 [forms] form at least seven days before an election that [are] is dated [at least 20 days before
725 the election] on or before the voter registration deadline, the county clerk shall:
726 (i) process the voter registration [forms] form; and
727 (ii) record the new [voters] voter in the official register and posting list.
728 (8) If the county clerk determines that a voter registration form received from a public
729 assistance agency or discretionary voter registration agency is incorrect because of an error or
730 because it is incomplete, the county clerk shall mail notice to the person attempting to register,
731 informing him that he has not been registered because of an error or because the form is
732 incomplete.
733 Section 13. Section 20A-2-301 is amended to read:
734 20A-2-301. County clerk responsibilities -- Voter registration forms.
735 (1) Each county clerk shall provide book voter registration forms and by-mail voter
736 registration forms for use in the voter registration process.
737 (2) Each county clerk shall:
738 (a) (i) designate certain offices within the county to provide by-mail voter registration
739 forms to the public; and
740 (ii) provide by-mail voter registration forms to each public assistance agency and

741 discretionary voter registration agency; and
742 (b) provide copies of by-mail voter registration forms to public school districts and
743 nonpublic schools as provided in Section 20A-2-302 .
744 (3) (a) Each regular general election year, the county clerk shall make by-mail voter
745 registration forms available to the political parties as provided in this Subsection (3).
746 (b) The county clerk shall set aside by-mail registration forms equal to 10% of the
747 number of registered voters in the county as of January 1 of that regular general election year
748 for allocation to political parties.
749 (c) The forms shall be allocated to the respective political parties in each county as
750 follows:
751 (i) [90%] Ninety percent of the forms shall be made available on an equal basis to all
752 parties who had any candidate who polled 10% or more of the vote for any partisan office in
753 the last regular general election.
754 (ii) [10%] Ten percent of the forms shall be made available on an equal basis to all
755 other parties who qualify for a position on the ballot for the next regular general election.
756 (4) Candidates, parties, organizations, and interested persons may purchase by-mail
757 voter registration forms from the county clerk or from the printer.
758 (5) (a) The clerk shall make book voter registration forms available to interested
759 organizations in lots of 250, to be replaced when each lot of 200 is returned to the county clerk.
760 (b) Interested organizations that receive book voter registration forms from the county
761 clerk shall return them to the county clerk [at least 20 days before the date of the election] on or
762 before the voter registration deadline.
763 (6) The county clerk may not refuse to register any person to vote for failing to provide
764 a telephone number on the voter registration form.
765 (7) (a) It is unlawful for any person to willfully fail or refuse to deliver completed voter
766 registration forms, obtained as provided in this section, to the county clerk.
767 (b) A person who violates this subsection is guilty of a class B misdemeanor.
768 Section 14. Section 20A-2-304 is amended to read:
769 20A-2-304. County clerk's responsibilities -- Notice of disposition.
770 Each county clerk shall:
771 (1) register to vote each applicant for registration who meets the requirements for

772 registration and who:
773 (a) submits a completed voter registration form to the county clerk [at least 20 days
774 before the date of the election] on or before the voter registration deadline;
775 (b) submits a completed voter registration form to the Driver License Division, a
776 public assistance agency, or a discretionary voter registration agency [at least 20 days before
777 the date of the election] on or before the voter registration deadline; or
778 (c) mails a completed by-mail voter registration form to the county clerk [that is
779 postmarked at least 20 days before the election] on or before the voter registration deadline;
780 and
781 (2) send a notice to the voter informing the voter that:
782 (a) the voter's application for voter registration has been accepted and that the voter is
783 registered to vote;
784 (b) the voter's application for voter registration has been rejected and the reason for the
785 rejection; or
786 (c) the application for voter registration is being returned to the voter for further action
787 because the application is incomplete and giving instructions to the voter about how to properly
788 complete the application.
789 Section 15. Section 20A-2-306 is amended to read:
790 20A-2-306. Removing names from the official register -- Determining and
791 confirming change of residence.
792 (1) A county clerk may not remove a voter's name from the official register on the
793 grounds that the voter has changed residence unless the voter:
794 (a) confirms in writing that the voter has changed residence to a place outside the
795 county; or
796 (b) (i) has not voted in an election during the period beginning on the date of the notice
797 required by Subsection (3), and ending on the day after the date of the second regular general
798 election occurring after the date of the notice; and
799 (ii) has failed to respond to the notice required by Subsection (3).
800 (2) (a) When a county clerk obtains information that a voter's address has changed and
801 it appears that the voter still resides within the same county, the county clerk shall:
802 (i) change the official register to show the voter's new address; and

803 (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
804 printed on a postage prepaid, preaddressed return form.
805 (b) When a county clerk obtains information that a voter's address has changed and it
806 appears that the voter now resides in a different county, the county clerk shall verify the
807 changed residence by sending to the voter, by forwardable mail, the notice required by
808 Subsection (3) printed on a postage prepaid, preaddressed return form.
809 (3) Each county clerk shall use substantially the following form to notify voters whose
810 addresses have changed:
811 "VOTER REGISTRATION NOTICE
812 We have been notified that your residence has changed. Please read, complete, and
813 return this form so that we can update our voter registration records. What is your current
814 street address?
815 ___________________________________________________________________________
816 Street City County State Zip
817 If you have not changed your residence or have moved but stayed within the same
818 county, you must complete and return this form to the county clerk so that it is received by the
819 county clerk no later than [20] 30 days before the date of the election. If you fail to return this
820 form within that time:
821 - you may be required to show evidence of your address to the election judge before
822 being allowed to vote in either of the next two regular general elections; or
823 - if you fail to vote at least once from the date this notice was mailed until the passing
824 of two regular general elections, you will no longer be registered to vote. If you have changed
825 your residence and have moved to a different county in Utah, you may register to vote by
826 contacting the county clerk in your county.
827 ________________________________________
828 Signature of Voter"
829 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
830 names of any voters from the official register during the 90 days before a regular primary
831 election and the 90 days before a regular general election.
832 (b) The county clerk may remove the names of voters from the official register during
833 the 90 days before a regular primary election and the 90 days before a regular general election

834 if:
835 (i) the voter requests, in writing, that his name be removed; or
836 (ii) the voter has died.
837 (c) (i) After a county clerk mails a notice as required in this section, the clerk may list
838 that voter as inactive.
839 (ii) An inactive voter must be allowed to vote, sign petitions, and have all other
840 privileges of a registered voter.
841 (iii) A county is not required to send routine mailings to inactive voters and is not
842 required to count inactive voters when dividing precincts and preparing supplies.
843 Section 16. Section 20A-3-104 is amended to read:
844 20A-3-104. Manner of voting.
845 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
846 residence, to one of the election judges.
847 (b) [If an] The voter shall present valid voter identification to one of the election judges
848 if the voter is:
849 (i) required to present valid voter identification as indicated by a notation in the official
850 register;
851 (ii) voting in person by absentee ballot; or
852 (iii) voting during the early voting period.
853 (c) If a voter is not required to present valid voter identification under Subsection
854 (1)(b), and the election judge does not know the [person] voter requesting a ballot and has
855 reason to doubt that [person's] voter's identity, the judge shall:
856 (i) request that the voter present valid voter identification; or
857 (ii) have the voter identified by a known registered voter of the district.
858 [(c) If the voter is voting for the first time in the jurisdiction or is otherwise required to
859 present proof of identity or proof of residence as indicated by a notation in the official register,
860 the election judge shall request proof of identity or proof of residence from the voter.]
861 (d) If the election judge is satisfied that the voter has [established proof of identity and
862 proof of residence] been properly identified, the election judge shall:
863 (i) record the type of [proof of identity or proof of residence] identification provided by
864 the voter in the appropriate space in the official register; and

865 (ii) follow the procedures of Subsection [(3)] (2).
866 (e) If the election judge is not satisfied that the voter has [established proof of identity
867 or proof of residence] been properly identified, the election judge shall:
868 (i) indicate on the official register that the voter [failed to provide adequate proof of
869 identity or proof of residence] was not properly identified;
870 (ii) issue the voter a provisional ballot; and
871 (iii) follow the procedures and requirements of Section 20A-3-105.5 .
872 (f) If the person's right to vote is challenged as provided in Section 20A-3-202 , the
873 judge shall follow the procedures and requirements of Section 20A-3-105.5 .
874 (2) (a) [When the voter is properly identified, the] The election judge in charge of the
875 official register shall check the official register to determine whether or not the [person] voter
876 is registered to vote.
877 (b) If the voter's name is not found on the official register, the election judge shall
878 follow the procedures and requirements of Section 20A-3-105.5 .
879 (3) If the election judge determines that the voter is registered:
880 (a) the election judge in charge of the official register shall:
881 (i) write the ballot number opposite the name of the voter in the official register; and
882 (ii) direct the voter to sign his name in the election column in the official register;
883 (b) another judge shall list the ballot number and voter's name in the pollbook; and
884 (c) the election judge having charge of the ballots shall:
885 (i) endorse his initials on the stub;
886 (ii) check the name of the voter on the pollbook list with the number of the stub;
887 (iii) hand the voter a ballot; and
888 (iv) allow the voter to enter the voting booth.
889 (4) Whenever the election officer is required to furnish more than one kind of official
890 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
891 voter the kind of ballot that the voter is qualified to vote.
892 Section 17. Section 20A-3-104.5 is amended to read:
893 20A-3-104.5. Voting -- Regular primary election.
894 (1) (a) Any registered voter desiring to vote at the regular primary election shall give
895 his name, the name of the registered political party whose ballot the voter wishes to vote, and,

896 if requested, his residence, to one of the election judges.
897 (b) [If an] The voter shall present valid voter identification to one of the election judges
898 if the voter is:
899 (i) required to present valid voter identification as indicated by a notation in the official
900 register;
901 (ii) is voting in person by absentee ballot; or
902 (iii) is voting during the early voting period.
903 (c) If a voter is not required to present valid voter identification under Subsection
904 (1)(b), and the election judge does not know the [person] voter requesting a ballot and has
905 reason to doubt that [person's] voter's identity, the judge shall:
906 (i) request that the voter present valid voter identification; or
907 (ii) have the voter identified by a known registered voter of the district.
908 (d) If the election judge is not satisfied that the voter has been properly identified, the
909 election judge shall follow the procedures and requirements of Section 20A-3-105.5 .
910 [(c)] (e) If the voter is challenged as provided in Section 20A-3-202 , the judge shall
911 provide a ballot to the voter if the voter takes an oath that the grounds of the challenge are
912 false.
913 (2) (a) (i) When the voter is properly identified, the election judge in charge of the
914 official register shall check the official register to determine:
915 (A) whether or not the [person] voter is registered to vote; and
916 (B) whether or not the [person's] voter's party affiliation designation in the official
917 register allows the voter to vote the ballot that the voter requested.
918 (ii) If the official register does not affirmatively identify the voter as being affiliated
919 with a registered political party or if the official register identifies the voter as being
920 "unaffiliated," the voter shall be considered to be "unaffiliated."
921 (b) (i) If the voter's name is not found on the official register and, if it is not unduly
922 disruptive of the election process, the election judge shall attempt to contact the county clerk's
923 office to request oral verification of the voter's registration.
924 (ii) If oral verification is received from the county clerk's office, the judge shall record
925 the verification on the official register, determine the voter's party affiliation and the ballot that
926 the voter is qualified to vote, and perform the other administrative steps required by Subsection

927 (3).
928 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
929 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
930 requested, the election judge shall inform the voter of that fact and inform the voter of the
931 ballot or ballots that the voter's party affiliation does allow the voter to vote.
932 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
933 register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
934 registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the
935 ballot that the voter requests, the election judge shall ask the voter if the voter wishes to vote
936 another registered political party ballot that the voter, as "unaffiliated," is authorized to vote, or
937 remain "unaffiliated."
938 (B) If the voter wishes to vote another registered political party ballot that the
939 unaffiliated voter is authorized to vote, the election judge shall proceed as required by
940 Subsection (3).
941 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
942 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
943 voter may not vote.
944 (iii) For the primary elections held in 2004, 2006, and 2008 only:
945 (A) If the voter is listed in the official register as "unaffiliated," or if the official
946 register does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a
947 registered political party, the election judge shall ask the voter if the voter wishes to affiliate
948 with a registered political party, or remain "unaffiliated."
949 (B) If the voter wishes to affiliate with the registered political party whose ballot the
950 voter requested, the election judge shall direct the voter to complete the change of party
951 affiliation form and proceed as required by Subsection (3).
952 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
953 political party ballot that the unaffiliated voter is authorized to vote, the election judge shall
954 proceed as required by Subsection (3).
955 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
956 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
957 voter may not vote.

958 (3) If the election judge determines that the voter is registered and eligible, under
959 Subsection (2), to vote the ballot that the voter requested:
960 (a) the election judge in charge of the official register shall:
961 (i) write the ballot number and the name of the registered political party whose ballot
962 the voter voted opposite the name of the voter in the official register; and
963 (ii) direct the voter to sign his name in the election column in the official register;
964 (b) another judge shall list the ballot number and voter's name in the pollbook; and
965 (c) the election judge having charge of the ballots shall:
966 (i) endorse his initials on the stub;
967 (ii) check the name of the voter on the pollbook list with the number of the stub;
968 (iii) hand the voter the ballot for the registered political party that the voter requested
969 and for which the voter is authorized to vote; and
970 (iv) allow the voter to enter the voting booth.
971 (4) Whenever the election officer is required to furnish more than one kind of official
972 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
973 voter the kind of ballot that the voter is qualified to vote.
974 Section 18. Section 20A-3-105.5 is amended to read:
975 20A-3-105.5. Manner of voting -- Provisional ballot.
976 (1) The election judges shall follow the procedures and requirements of this section
977 when:
978 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ; [or]
979 (b) the person's name is not found on the official register[.]; or
980 (c) the election judge is not satisfied that the voter has provided valid voter
981 identification.
982 (2) When faced with one of the circumstances outlined in Subsection (1)(a) or (1)(b),
983 the election judge shall:
984 (a) request that the person provide [proof of identity and proof of residence] valid voter
985 identification; and
986 (b) review the [proof of identity and proof of residence] identification provided by the
987 person.
988 (3) If the election judge is satisfied that the person has [established] provided valid

989 voter identification that establishes the person's identity and residence in the voting precinct:
990 (a) the election judge in charge of the official register shall:
991 (i) record in the official register the type of [source documents] identification that
992 established the person's [proof of ] identity and [proof] place of residence;
993 (ii) write the provisional ballot envelope number opposite the name of the voter in the
994 official register; and
995 (iii) direct the voter to sign his name in the election column in the official register;
996 (b) another judge shall list the ballot number and voter's name in the pollbook; and
997 (c) the election judge having charge of the ballots shall:
998 (i) endorse his initials on the stub;
999 (ii) check the name of the voter on the pollbook list with the number of the stub;
1000 (iii) give the voter a ballot and a provisional ballot envelope; and
1001 (iv) allow the voter to enter the voting booth.
1002 (4) If the election judge is not satisfied that the voter has provided [sufficient proof of]
1003 valid voter identification that establishes the person's identity and [proof of] residence in the
1004 voting precinct:
1005 (a) the election judge in charge of the official register shall:
1006 (i) record in the official register that the voter did not provide [adequate proof of
1007 identity and proof of residence] valid voter identification;
1008 (ii) record in the official register the type of identification that was provided by the
1009 voter, if any;
1010 [(ii)] (iii) write the provisional ballot envelope number opposite the name of the voter
1011 in the official register; and
1012 [(iii)] (iv) direct the voter to sign his name in the election column in the official
1013 register;
1014 (b) another judge shall list the ballot number and voter's name in the pollbook; and
1015 (c) the election judge having charge of the ballots shall:
1016 (i) endorse his initials on the stub;
1017 (ii) check the name of the voter on the pollbook list with the number of the stub;
1018 (iii) give the voter a ballot and a provisional ballot envelope; and
1019 (iv) allow the voter to enter the voting booth.

1020 (5) Whenever the election officer is required to furnish more than one kind of official
1021 ballot to a voting precinct, the election judges of that voting precinct shall give the registered
1022 voter the kind of ballot that the voter is qualified to vote.
1023 Section 19. Section 20A-3-304.1 is amended to read:
1024 20A-3-304.1. Election officer to provide voting history information and status.
1025 (1) As used in this section:
1026 [(b)] (a) "Qualified absentee ballot application" means an absentee ballot application
1027 filed under Section 20A-3-304 from a voter who the election officer determines is eligible to
1028 receive an absentee ballot.
1029 [(a)] (b) ["Absentee ballot] "Voting history record" means the information about the
1030 existence and status of absentee ballot requests required by this section.
1031 (2) (a) Each election officer shall maintain [an absentee ballot record in the election
1032 officer's office.], in the election officer's office, a voting history record of those voters that have
1033 cast a vote by:
1034 (i) absentee ballot; and
1035 (ii) early voting.
1036 (b) The [absentee ballot] voting history record is a public record under Title 63,
1037 Chapter 2, Government Records Access and Management Act.
1038 (3) The election officer shall ensure that the [absentee ballot] voting history record
1039 [contains,] for each voting precinct contains:
1040 (a) for absentee voting:
1041 [(a)] (i) the name and address of each person who has filed a qualified absentee ballot
1042 application;
1043 [(b)] (ii) the date that the application was received; and
1044 [(c)] (iii) the current status of each qualified absentee ballot application including
1045 specifically:
1046 [(i)] (A) the date that the absentee ballot was mailed to the voter; and
1047 [(ii)] (B) the date that the voted absentee ballot was received by the election officer[.];
1048 and
1049 (b) for early voting:
1050 (i) the name and address of each person who has voted during the early voting period;

1051 and
1052 (ii) the date the person's vote was cast.
1053 (4) (a) Notwithstanding the time limits for response to a request for records under
1054 Section 63-2-204 or the time limits for a request for records established in any ordinance, the
1055 election officer shall ensure that the information required by this section is recorded and made
1056 available to the public no later than one business day after its receipt in the election officer's
1057 office.
1058 (b) Notwithstanding the fee requirements of Section 63-2-203 or the fee requirements
1059 established in any ordinance, the election officer shall make copies of the [absentee ballot]
1060 voting history record available to the public for the actual cost of production or copying.
1061 Section 20. Section 20A-3-305 is amended to read:
1062 20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
1063 Affidavit.
1064 (1) Upon timely receipt of an absentee voter application properly filled out and signed,
1065 or as soon after receipt of the application as the official absentee ballots for the voting precinct
1066 in which the applicant resides have been printed, the election officer shall either:
1067 (a) give the applicant an official absentee ballot and envelope to vote in the office; or
1068 (b) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
1069 envelope printed as required in Subsection (2).
1070 (2) The election officer shall ensure that:
1071 (a) the name, official title, and post office address of the election officer is printed on
1072 the front of the envelope; and
1073 (b) a printed affidavit in substantially the following form is printed on the back of the
1074 envelope:
1075 "County of ____ State of ____
1076 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1077 in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election.
1078 I am not a convicted felon currently incarcerated for commission of a felony.
1079

______________________________
1080

Signature of Absentee Voter"
1081 (3) If the election officer determines that the absentee voter is required to show [proof

1082 of identity or proof of residence] valid voter identification as indicated in the official register,
1083 the election officer shall:
1084 (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5 ;
1085 (b) instruct the voter to include a [valid form of proof of identity and proof of
1086 residence] copy of the voter's valid voter identification with the return ballot;
1087 (c) provide the voter clear instructions on how to vote a provisional ballot; and
1088 (d) comply with the requirements of Subsection (2).
1089 Section 21. Section 20A-3-308 is amended to read:
1090 20A-3-308. Absentee ballots in the custody of election judges -- Disposition.
1091 (1) (a) Voting precinct election judges shall open envelopes containing absentee ballots
1092 that are in their custody on election day at the polling places during the time the polls are open
1093 as provided in this Subsection (1).
1094 (b) The election judges shall:
1095 (i) first, open the outer envelope only; and
1096 (ii) compare the signature of the voter on the application with the signature on the
1097 affidavit.
1098 (2) (a) The judges shall carefully open and remove the absentee voter envelope so as
1099 not to destroy the affidavit on the envelope if they find that:
1100 (i) the affidavit is sufficient;
1101 (ii) the signatures correspond; and
1102 (iii) the applicant is registered to vote in that voting precinct and has not voted in that
1103 election.
1104 (b) If, after opening the absentee voter envelope, the judge finds that a provisional
1105 ballot envelope is enclosed and the voter has included [proof of identity and proof of residence]
1106 identification, the election judge shall:
1107 (i) record in the official register that the voter included valid voter identification;
1108 [(i)] (ii) record the type of [proof of identity and proof of residence] identification
1109 provided by the voter in the appropriate space in the official register;
1110 [(ii)] (iii) record the provisional ballot envelope number on the official register; and
1111 [(iii)] (iv) place the provisional ballot envelope with the other provisional ballot
1112 envelopes to be transmitted to the county clerk.

1113 (c) If, after opening the absentee voter envelope, the judge finds that a provisional
1114 ballot envelope is enclosed, and that the voter has not included [proof of identity and proof of
1115 residence] valid voter identification, the election judge shall:
1116 (i) record in the official register that the voter did not include [proof of identity and
1117 proof of residence] valid voter identification;
1118 (ii) record the provisional ballot number in the official register; and
1119 (iii) place the provisional ballot envelope with the other provisional ballot envelopes to
1120 be transmitted to the county clerk.
1121 (d) If the absentee ballot is not a provisional ballot, the election judges shall:
1122 (i) remove the absentee ballot from the envelope without unfolding it or permitting it to
1123 be opened or examined;
1124 (ii) initial the stub in the same manner as for other ballots;
1125 (iii) remove the stub from the ballot;
1126 (iv) deposit the ballot in the ballot box; and
1127 (v) mark the official register and pollbook to show that the voter has voted.
1128 (3) If the election judges determine that the affidavit is insufficient, or that the
1129 signatures do not correspond, or that the applicant is not a registered voter in the voting
1130 precinct, they shall:
1131 (a) disallow the vote; and
1132 (b) without opening the absentee voter envelope, mark across the face of the envelope:
1133 (i) "Rejected as defective"; or
1134 (ii) "Rejected as not a registered voter."
1135 (4) The election judges shall deposit the absentee voter envelope, when the absentee
1136 ballot is voted, and the absentee voter envelope with its contents unopened when the absent
1137 vote is rejected, in the ballot box containing the ballots.
1138 (5) The election officer shall retain and preserve the absentee voter envelopes in the
1139 manner provided by law for the retention and preservation of official ballots voted at that
1140 election.
1141 Section 22. Section 20A-3-401 is amended to read:
1142 20A-3-401. Intent and purpose of part.
1143 (1) Each election officer, election official, and judge shall liberally interpret and apply

1144 this part to:
1145 (a) make it possible for Utah voters living or serving abroad to vote in county, state,
1146 and national elections during their absence;
1147 (b) enable these voters to register more conveniently;
1148 (c) conform to 42 U.S.C. 1973ff, Uniformed and Overseas Citizens Absentee Voting
1149 Act; and
1150 (d) in accordance with Public Law 107-252, the Help America Vote Act of 2002,
1151 exempt overseas and military voters from the [proof of identity and proof of residence]
1152 identification requirements of Section 20A-3-308 [in accordance with Public Law 107-252, the
1153 Help America Vote Act of 2002].
1154 (2) The state selective service, all military organizations, and citizens and officers of
1155 Utah or of the respective counties and municipalities of the state shall cooperate with the
1156 election and party officers in carrying out the intent and purpose of this part.
1157 (3) All state and county officers of Utah shall:
1158 (a) do all things and perform all acts necessary to put into effect the provisions of any
1159 Act of Congress or this state allowing uniformed and overseas citizen voters to vote; and
1160 (b) permit the use of any official ballot authorized by any Act of Congress and this part
1161 as a ballot supplementary to the official Utah election military ballot.
1162 (4) Each provision of this part prevails over any inconsistent provision of any other
1163 statute or any part of any statute.
1164 Section 23. Section 20A-3-404 is amended to read:
1165 20A-3-404. Special military write-in absentee ballots.
1166 (1) (a) Notwithstanding any other provisions of this chapter, a military voter may apply
1167 for a special write-in absentee ballot not later than [30] the date 20 days before the date of an
1168 election.
1169 (b) If the application deadline falls on a weekend or holiday, it shall be extended to the
1170 next regular business day.
1171 (2) To qualify for a special write-in absentee ballot, a military voter shall:
1172 (a) apply for a special write-in absentee ballot by submitting a federal postcard
1173 application form; and
1174 (b) state on the form or on a separate paper submitted with the form that he is unable to

1175 vote by regular absentee ballot or in person because of his military service.
1176 (3) Upon receipt of the application, the county clerk shall issue and mail a special
1177 military write-in ballot.
1178 Section 24. Section 20A-3-406 is amended to read:
1179 20A-3-406. Absentee ballots for military personnel and citizens living overseas --
1180 Federal postcard applications for ballot.
1181 (1) (a) Applications for absentee ballots for military voters that are located in the
1182 United States shall be filed in the county clerk's office no later than the Friday immediately
1183 before the day of election.
1184 (b) Military personnel voting an absentee ballot at the office of the clerk shall apply
1185 and cast their ballot no later than the day before the election.
1186 (2) (a) Military voters stationed overseas and overseas citizen voters shall file an
1187 application for a ballot with the county clerk no later than 20 days before the [day] date of the
1188 election.
1189 (b) Upon receipt of a properly completed written application for an absentee ballot
1190 signed by any military voter or overseas citizen voter, the county clerk shall mail an appropriate
1191 ballot to the military voter or overseas citizen voter.
1192 (c) The county clerk, at the time he furnishes the ballot, shall record, in a record book
1193 provided for that purpose, the name and home address of the military voter or overseas citizen
1194 voter to whom the ballot is mailed, the address mailed to, and the date of mailing the ballot.
1195 (d) If the military voter or overseas citizen voter sends his application to the lieutenant
1196 governor, the lieutenant governor shall forward the application to the county clerk of the county
1197 where the military voter or overseas citizen voter is entitled to vote.
1198 (e) If the county clerk rejects the application for an absentee ballot from a military or
1199 overseas citizen voter, the county clerk shall inform the voter of the reasons for rejecting the
1200 application.
1201 (3) Any military voter or overseas citizen voter who is physically disabled so as to be
1202 unable to see or write may apply for a ballot by having a commissioned, noncommissioned, or
1203 petty officer not below the rank of sergeant, or other person authorized to administer oaths to
1204 apply for a ballot on the voter's behalf.
1205 (4) (a) A federal postcard application issued under the authority of any Act of Congress

1206 or federal regulation is acceptable, when properly executed, as an application for a ballot under
1207 this chapter.
1208 (b) The county clerk shall accept the completed postcard application as an application
1209 for ballots for each election for federal office held in the next two even-numbered years and
1210 shall send the applicant a ballot for each of those elections, as required by Section 20A-3-407 .
1211 (5) The county clerk shall retain the application for use at the time the ballot is received
1212 from the military voter or overseas citizen voter.
1213 Section 25. Section 20A-3-601 is enacted to read:
1214 Part 6. Early Voting
1215 20A-3-601. Early voting.
1216 (1) A person who is registered to vote may vote before the election date in accordance
1217 with this section.
1218 (2) (a) The early voting period shall begin on the date that is 14 days before the date of
1219 the election.
1220 (b) Early voting shall continue through:
1221 (i) the Friday before the election if the election date is a Tuesday; or
1222 (ii) the date that is two regular business days before the date of the election if the
1223 election date is a day other than Tuesday.
1224 (c) During the early voting period, the election officer:
1225 (i) shall conduct early voting on regular business days; and
1226 (ii) may elect to conduct early voting on Saturdays, Sundays, or holidays.
1227 (3) Except as specifically provided in this Part 6, Early Voting, early voting shall be
1228 administered according to the requirements of this title.
1229 Section 26. Section 20A-3-602 is enacted to read:
1230 20A-3-602. Hours for early voting.
1231 (1) The election officer shall determine the times for opening and closing the polls for
1232 each day of early voting provided that:
1233 (a) voting is open for a minimum of four hours during each early voting day; and
1234 (b) polls close at 5 p.m. on the last early voting day.
1235 (2) Every registered voter who arrives at the polls before the time scheduled for closing
1236 of the polls shall be allowed to vote.

1237 Section 27. Section 20A-3-603 is enacted to read:
1238 20A-3-603. Early voting polling places.
1239 (1) The election officer shall designate one or more polling places for early voting,
1240 provided that:
1241 (a) at least one polling place is open on each day of early voting; H. [ and ] .H
1242 (b) each polling place meets the requirements for polling places under Chapter 5,
1243 Election Administration H. [ . ] ; S. [ and ] .S
1243a (c) at least ten percent of the voting devices at a polling place are accessible for
1243b individuals with disabilities in accordance with Public Law 107-252, the Help America Vote
1243c Act of 2002 S. ; and
1243ca (d) each polling place is located in a government building or office, unless no
1243cb government building or office is available .S . .H
1244 (2) (a) In the event the election officer determines that the number of early voting
1245 polling places is insufficient due to the number of registered voters who are voting, the election
1246 officer may designate additional polling places during the early voting period.
1247 (b) If an additional early voting polling place is designated, the election officer shall, as
1248 soon as is reasonably possible, give notice of the dates, times, and location of the additional
1249 polling place by:
1250 (i) publishing the notice in one issue of a newspaper of general circulation in the
1251 county; and
1252 (ii) posting the notice at the additional polling place.
1253 Section 28. Section 20A-3-604 is enacted to read:
1254 20A-3-604. Notice of time and place of early voting.
1255 The election officer shall give notice of the dates, times, and locations of early voting
1256 by:
1257 (1) publishing the notice in one issue of a newspaper of general circulation in the
1258 county at least five calendar days before the date early voting begins; and
1259 (2) posting the notice at each early voting polling place at least five calendar days
1260 before the date early voting begins.
1261 Section 29. Section 20A-4-107 is amended to read:
1262 20A-4-107. Review and disposition of provisional ballot envelopes.
1263 (1) As used in this section, a voter is "legally entitled to vote" if:
1264 (a) the voter:
1265 (i) is registered to vote in the county;
1266 (ii) resides within the voting precinct where the voter seeks to vote; and
1267 (iii) provided [sufficient proof of identity and proof of residence] valid voter

1268 identification to the election judge as indicated by a notation in the official register;
1269 (b) the voter:
1270 (i) is registered to vote in the county; and
1271 (ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
1272 identical to the ballot voted in the voter's precinct of residence; or
1273 (c) the voter:
1274 (i) is registered to vote in the county;
1275 (ii) the judge recorded in the official register that the voter either failed to provide
1276 [proof of identity and proof of residence or the proof of identity and proof of residence was]
1277 valid voter identification or the documents provided as valid voter identification were
1278 inadequate; and
1279 (iii) the county clerk verifies the voter's [proof of] identity and [proof of] residence
1280 through some other means.
1281 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
1282 the affirmation on the face of each provisional ballot envelope and determine if the person
1283 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
1284 voted.
1285 (b) If the election officer determines that the person is not a registered voter or is not
1286 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
1287 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
1288 produce or count it.
1289 (c) If the election officer determines that the person is a registered voter and is legally
1290 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
1291 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
1292 those ballots at the canvass.
1293 (d) The election officer may not count, or allow to be counted a provisional ballot
1294 unless the voter's [proof of] identity and [proof of] residence is established by a preponderance
1295 of the evidence.
1296 (3) If the election officer determines that the person is a registered voter, the election
1297 officer shall ensure that the voter registration records are updated to reflect the information
1298 provided on the provisional ballot envelope.

1299 (4) If the election officer determines that the person is not a registered voter and the
1300 information on the provisional ballot envelope is complete, the election officer shall:
1301 (a) consider the provisional ballot envelope a voter registration form; and
1302 (b) register the voter.
1303 Section 30. Section 20A-5-401 is amended to read:
1304 20A-5-401. Official register and posting book -- Preparation -- Contents.
1305 (1) (a) Before the registration days for each regular general, municipal general, regular
1306 primary, municipal primary, or Western States Presidential Primary election, each county clerk
1307 shall prepare an official register and posting list of voters for each voting precinct that will
1308 participate in the election.
1309 (b) The county clerk shall ensure that the official register and posting list are bound or
1310 loose leaf books prepared for the alphabetical entry of names and ruled in columns of suitable
1311 dimensions to provide for the following entries:
1312 (i) registered voter's name;
1313 (ii) party affiliation;
1314 (iii) grounds for challenge;
1315 (iv) name of person challenging a voter;
1316 (v) ballot numbers, primary, November, special;
1317 (vi) date of birth;
1318 (vii) place of birth;
1319 (viii) place of current residence;
1320 (ix) street address;
1321 (x) zip code; [and]
1322 (xi) identification and provisional ballot information as required under Subsection
1323 (1)(d); and
1324 [(xi)] (xii) space for the voter to sign his name for each election.
1325 (c) When preparing the official register and posting list for the Western States
1326 Presidential Primary, the county clerk shall include:
1327 (i) a column to record the name of the political party whose ballot the voter voted; and
1328 (ii) a column for the election judge to record changes in the voter's party affiliation.
1329 (d) When preparing the official register and posting list for any regular general

1330 election, municipal general election, statewide special election, local special election, regular
1331 primary election, municipal primary election, special district election, or election for federal
1332 office, the county clerk shall include:
1333 (i) a column that indicates if the voter is required to show identification before voting;
1334 (ii) a column for the election judge to record the type of identification provided by the
1335 voter;
1336 [(ii)] (iii) a column for the election judge to record the provisional envelope ballot
1337 number for voters who receive a provisional ballot; and
1338 [(iii)] (iv) a space for the election judge to record the type of [proof of identity and the
1339 type of proof of residence] identification that was provided by voters who receive a provisional
1340 ballot.
1341 (2) (a) (i) For regular and municipal elections, primary elections, regular municipal
1342 elections, special district elections, and bond elections, the county clerk shall make an official
1343 register and posting list only for voting precincts affected by the primary, municipal, special
1344 district, or bond election.
1345 (ii) If a polling place to be used in a bond election serves both voters residing in the
1346 local political subdivision calling the bond election and voters residing outside of that local
1347 political subdivision, the official register shall designate whether each voter resides in or
1348 outside of the local political subdivision.
1349 (iii) Each county clerk, with the assistance of the clerk of each affected special district,
1350 shall provide a detailed map or an indication on the registration list or other means to enable an
1351 election judge to determine the voters entitled to vote at an election of special district officers.
1352 (b) Municipalities shall pay the costs of making the official register and posting list for
1353 municipal elections.
1354 Section 31. Section 20A-5-605 is amended to read:
1355 20A-5-605. Duties of election judges on days when polls are open for voting.
1356 (1) (a) Receiving judges shall arrive at the polling place 30 minutes before the polls
1357 open and remain until the official election returns are prepared for delivery.
1358 (b) Counting judges shall be at the polls as directed by the election officer and remain
1359 until the official election returns are prepared for delivery.
1360 (2) Upon their arrival to open the polls, each set of election judges shall:

1361 (a) designate which judge shall preside and which judges shall act as clerks;
1362 (b) in voting precincts using paper ballots, select one of their number to deliver the
1363 election returns to the election officer or to the place that the election officer designates;
1364 (c) in voting precincts using ballot cards, select two of their number, each from a
1365 different party, to deliver the election returns to the election officer or to the place that the
1366 election officer designates;
1367 (d) display the United States flag;
1368 (e) open the voting devices and examine them to see that they are in proper working
1369 order;
1370 (f) place the voting devices, voting booths, and the ballot box in plain view of election
1371 judges and watchers;
1372 (g) open the ballot packages in the presence of all the judges;
1373 (h) check the ballots, supplies, records, and forms;
1374 (i) if directed to do so by the election officer, make any necessary corrections to the
1375 official ballots before they are distributed at the polls;
1376 (j) post the sample ballots, instructions to voters, and constitutional amendments, if
1377 any;
1378 (k) hang the posting list near the polling place entrance; and
1379 (l) open the ballot box in the presence of those assembled, turn it upside down to empty
1380 it of anything, and then, immediately before polls open, lock it, or if locks and keys are not
1381 available, tape it securely.
1382 (3) (a) If any election judge fails to appear on the morning of the election, or fails or
1383 refuses to act, at least six qualified electors from the voting precinct who are present at the
1384 polling place at the hour designated by law for the opening of the polls shall fill the vacancy by
1385 appointing another qualified person from the voting precinct who is a member of the same
1386 political party as the judge who is being replaced to act as election judge.
1387 (b) If a majority of the receiving election judges are present, they shall open the polls,
1388 even though the alternate judge has not arrived.
1389 (4) (a) If it is impossible or inconvenient to hold an election at the polling place
1390 designated, the election judges, after having assembled at or as near as practicable to the
1391 designated place, and before receiving any vote, may move to the nearest convenient place for

1392 holding the election.
1393 (b) If the judges move to a new polling place, they shall display a proclamation of the
1394 change and station a peace officer or some other proper person at the original polling place to
1395 notify voters of the location of the new polling place.
1396 (5) If the election judge who received delivery of the ballots produces packages of
1397 substitute ballots accompanied by a written and sworn statement of the election officer that the
1398 ballots are substitute ballots because the original ballots were not received, were destroyed, or
1399 were stolen, the election judges shall use those substitute ballots as the official election ballots.
1400 (6) If, for any reason, none of the official or substitute ballots are ready for distribution
1401 at a polling place or, if the supply of ballots is exhausted before the polls are closed, the
1402 election judges may use unofficial ballots, made as nearly as possible in the form of the official
1403 ballot, until substitutes prepared by the election officer are printed and delivered.
1404 (7) When it is time to open the polls, one of the election judges shall announce that the
1405 polls are open as required by Section 20A-1-302 , or in the case of early voting, Section
1406 20A-3-602 .
1407 (8) (a) The election judges shall comply with the voting procedures and requirements
1408 of Title 20A, Chapter 3, Voting, in allowing people to vote.
1409 (b) The election judges may not allow any person, other than election officials and
1410 those admitted to vote, within six feet of voting machines, voting booths, and the ballot box.
1411 (c) Besides the election judges and watchers, the election judges may not allow more
1412 than four voters in excess of the number of voting booths provided within six feet of voting
1413 machines, voting booths, and the ballot box.
1414 (d) If necessary, the election judges shall instruct each voter about how to operate the
1415 voting device before the voter enters the voting booth.
1416 (e) (i) If the voter requests additional instructions after entering the voting booth, two
1417 election judges may, if necessary, enter the booth and give the voter additional instructions.
1418 (ii) In regular general elections and regular primary elections, the two election judges
1419 who enter the voting booth to assist the voter shall be of different political parties.
1420 Section 32. Section 20A-9-601 is amended to read:
1421 20A-9-601. Qualifying as a write-in candidate.
1422 (1) (a) Each person wishing to become a valid write-in candidate shall file a declaration

1423 of candidacy with the appropriate filing officer not later than [14] 30 days before the regular
1424 general election or municipal general election in which the person intends to be a write-in
1425 candidate.
1426 (b) If the filing deadline falls on a weekend or holiday, it shall be extended to the next
1427 regular business day.
1428 [(b)] (c) (i) The filing officer shall:
1429 (A) read to the candidate the constitutional and statutory requirements for the office;
1430 and
1431 (B) ask the candidate whether or not the candidate meets the requirements.
1432 (ii) If the candidate cannot meet the requirements of office, the filing officer may not
1433 accept the write-in candidate's declaration of candidacy.
1434 (2) A write-in candidate in towns need not prequalify with the filing officer.
1435 (3) By November 1 of each regular general election year, the lieutenant governor shall
1436 certify to each county clerk the names of all write-in candidates who filed their declaration of
1437 candidacy with the lieutenant governor.
1438 Section 33. Section 20A-9-808 is amended to read:
1439 20A-9-808. Voting.
1440 (1) (a) Any registered voter desiring to vote at the Western States Presidential Primary
1441 shall give his name, the name of the registered political party whose ballot the voter wishes to
1442 vote, and, if requested, his residence, to one of the election judges.
1443 (b) [If an] The voter shall present valid voter identification to one of the election judges
1444 if the voter is:
1445 (i) required to present valid voter identification as indicated by a notation in the official
1446 register;
1447 (ii) voting in person by absentee ballot; or
1448 (iii) voting during the early voting period prior to the date of the election.
1449 (c) If a voter is not required to present valid voter identification under Subsection
1450 (1)(b), and the election judge does not know the [person] voter requesting a ballot and has
1451 reason to doubt that [person's] voter's identity, the judge shall:
1452 (i) request that the voter present valid voter identification; or
1453 (ii) have the voter identified by a known registered voter of the district.

1454 [(c) If the person's right to vote is challenged as provided in Section 20A-3-202 , the]
1455 (d) The election judge shall follow the procedures and requirements of Section
1456 20A-3-105.5 [.] if:
1457 (i) the voter's right to vote is challenged under Section 20A-3-202 ; or
1458 (ii) the election judge is not satisfied that the voter has been properly identified.
1459 (2) (a) (i) When the voter is properly identified, the election judge in charge of the
1460 official register shall check the official register to determine:
1461 (A) whether or not the [person] voter is registered to vote; and
1462 (B) whether or not the [person's] voter's party affiliation designation in the official
1463 register allows the voter to vote the ballot that the voter requested.
1464 (ii) If the official register does not affirmatively identify the voter as being affiliated
1465 with a registered political party or if the official register identifies the voter as being
1466 "unaffiliated," the voter shall be considered to be "unaffiliated."
1467 (b) If the voter's name is not found on the official register, the election judge shall
1468 follow the procedures and requirements of Section 20A-3-105.5 .
1469 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
1470 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
1471 requested, the election judge shall inform the voter of that fact and inform the voter of the
1472 ballot or ballots that the voter's party affiliation does allow the voter to vote.
1473 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
1474 register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
1475 registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the
1476 ballot that the voter requests, the election judge shall ask the voter if the voter wishes to
1477 affiliate with the registered political party whose ballot the voter requested, vote another
1478 registered political party ballot that the voter, as "unaffiliated," is authorized to vote, or remain
1479 "unaffiliated."
1480 (B) If the voter wishes to affiliate with the registered political party whose ballot the
1481 voter requested, the election judge shall enter in the official register the voter's new party
1482 affiliation and proceed as required by Subsection (3).
1483 (C) If the voter wishes to vote another registered political party ballot that the
1484 unaffiliated voter is authorized to vote, the election judge shall proceed as required by

1485 Subsection (3).
1486 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
1487 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
1488 voter may not vote.
1489 (3) If the election judge determines that the voter is registered and eligible, under
1490 Subsection (2), to vote the ballot that the voter requested:
1491 (a) the election judge in charge of the official register shall:
1492 (i) write the ballot number and the name of the registered political party whose ballot
1493 the voter voted opposite the name of the voter in the official register; and
1494 (ii) direct the voter to sign his name in the election column in the official register;
1495 (b) another judge shall list the ballot number and voter's name in the pollbook; and
1496 (c) the election judge having charge of the ballots shall:
1497 (i) endorse his initials on the stub;
1498 (ii) check the name of the voter on the pollbook list with the number of the stub;
1499 (iii) hand the voter the ballot for the registered political party that the voter requested
1500 and for which the voter is authorized to vote; and
1501 (iv) allow the voter to enter the voting booth.
1502 (4) Whenever the election officer is required to furnish more than one kind of official
1503 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
1504 voter the kind of ballot that the voter is qualified to vote.
1504a S. Section 34. Coordinating H.B. 15 with H.B. 348 -- Substantive and technical changes.
1504b If this H.B. 15 and H.B. 348, Election Code - Electronic Voting Procedures and
1504c Requirements, both pass, it is the intent of the Legislature that the Office of Legislative
1504d Research and General Counsel, in preparing the Utah Code database for publication:
1504e (1) change the language in Subsection 20A-3-104(1)(b) from "election judges" to "poll
1504f workers":
1504g (2) modify Subsection 20A-3-104.5(1) to read as follows:
1504h "(1) (a) Any registered voter desiring to vote at the regular primary election shall give
1504i his name, the name of the registered political party whose ballot the voter wishes to vote, and,
1504j if requested, his residence, to one of the [election judges] poll workers .
1504k (b) [If an election judge] The voter shall present valid voter identification to one of the
1504l poll workers if the voter is:
1504m (i) required to present valid voter identification as indicated by a notation in the official
1504n register; .S

1504o S. (ii) is voting in person by absentee ballot; or
1504p (iii) is voting during the early voting period.
1504q (c) If a voter is not required to present valid voter identification under Subsection
1504r (1)(b), and the poll worker does not know the [person] voter requesting a ballot and has reason
1504s to doubt that [person's] voter's identity, the [judge] poll worker shall:
1504t (i) request that the voter present valid voter identification; or
1504u (ii) have the voter identified by a known registered voter of the district.
1504v (d) The poll worker shall follow the procedures and requirements of Section
1504w 20A-3-105.5 if:
1504x (i) the poll worker is not satisfied that the voter has been properly identified; or
1504y (ii) the voter's right to vote is challenged under Section 20A-3-202.
1504z [(c) If the voter is challenged as provided in Section 20A-3-202, the judge shall provide
1504aa a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.]"
1504ab (3) change the language in Subsection 20A-5-401(1)(d)(ii) to read as follows:
1504ac "(ii) an entry field for the poll worker to record the type of identification provided by
1504ad the voter;"; and
1504ae (4) modify Subsection 20A-9-808(1) to read as follows:
1504af "(1) (a) Any registered voter desiring to vote at the Western States Presidential
1504ag Primary shall give his name, the name of the registered political party whose ballot the voter
1504ah wishes to vote, and, if requested, his residence, to one of the [election judges] poll workers .
1504ai (b) [If an election judge] The voter shall present valid voter identification to one of the
1504aj poll workers if the voter is:
1504ak (i) required to present valid voter identification as indicated by a notation in the official
1504al register;
1504am (ii) voting in person by absentee ballot; or
1504an (iii) voting during the early voting period prior to the date of the election.
1504ao (c) If a voter is not required to present valid voter identification under Subsection
1504ap (1)(b), and the poll worker does not know the [person] voter requesting a ballot and has
1504aq reason to doubt that [person's] voter's identity, the [judge] poll worker shall:
1504ar (i) request that the voter present valid voter identification; or
1504as (ii) have the voter identified by a known registered voter of the district.
1504at [(c) If the person's right to vote is challenged as provided in Section 20A-3-202, the
1504au judge]
1504av (d) The poll worker shall follow the procedures and requirements of .S

1504aw S. Section 20A-3-105.5[.] if:
1504ax (i) the voter's right to vote is challenged under Section 20A-3-202; or
1504ay (ii) the poll worker is not satisfied that the voter has been properly identified."
1504az Section 35. Coordinating H.B. 15 with S.B. 10 -- Substantive and technical changes.
1504ba If this H.B. 15 and S.B. 10, Provisional Ballot Amendments, both pass, it is the intent of
1504bb the Legislature that the Office of Legislative Research and General Counsel, in preparing the
1504bc Utah Code database for publication:
1504bd (1) modify Subsection 20A-3-104.5(1) to read as follows:
1504be "(1) (a) Any registered voter desiring to vote at the regular primary election shall give
1504bf his name, the name of the registered political party whose ballot the voter wishes to vote, and,
1504bg if requested, his residence, to one of the [election judges] poll workers .
1504bh (b) [If an election judge] The voter shall present valid voter identification to one of the
1504bi poll workers if the voter is:
1504bj (i) required to present valid voter identification as indicated by a notation in the official
1504bk register;
1504bl (ii) is voting in person by absentee ballot; or
1504bm (iii) is voting during the early voting period.
1504bn (c) If a voter is not required to present valid voter identification under Subsection
1504bo (1)(b), and the poll worker does not know the [person] voter requesting a ballot and has
1504bp reason to doubt that [person's] voter's identity, the [judge] poll worker shall:
1504bq (i) request that the voter present valid voter identification; or
1504br (ii) have the voter identified by a known registered voter of the district.
1504bs (d) The poll worker shall follow the procedures and requirements of Section
1504bt 20A-3-105.5 if:
1504bu (i) the poll worker is not satisfied that the voter has been properly identified; or
1504bv (ii) the voter's right to vote is challenged under Section 20A-3-202.
1504bw [(c) If the voter is challenged as provided in Section 20A-3-202, the judge shall provide
1504bx a ballot to the voter if the voter takes an oath that the grounds of the challenge are false.]";
1504by and
1504bz (2) modify Subsection 20A-3-105.5(1)(c) to read as follows:
1504ca "(c) the poll worker is not satisfied that the voter has provided valid voter
1504cb identification." .S

Legislative Review Note
as of 10-19-05 12:41 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 12-19-05 9:53 AM

The Government Operations Interim Committee recommended this bill.