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H.B. 347

             1     

ELECTION DAY VOTER REGISTRATION

             2     
2006 GENERAL SESSION

             3     
STATE OF UTAH

             4     
Chief Sponsor: Neil A. Hansen

             5     
Senate Sponsor: ____________

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


             28          None
             29      Utah Code Sections Affected:
             30      AMENDS:
             31          20A-2-107, as last amended by Chapter 328, Laws of Utah 2000
             32          20A-2-201, as last amended by Chapter 45, Laws of Utah 1999
             33          20A-2-202, as last amended by Chapter 117, Laws of Utah 2003
             34          20A-2-204, as last amended by Chapters 10, 24 and 183, Laws of Utah 1997
             35          20A-2-205, as last amended by Chapter 3, Laws of Utah 1996, Second Special Session
             36          20A-2-304, as enacted by Chapter 311, Laws of Utah 1994
             37          20A-3-104, as last amended by Chapter 37, Laws of Utah 2003
             38          20A-3-104.5, as last amended by Chapter 159, Laws of Utah 2003
             39          20A-9-808, as last amended by Chapter 117, Laws of Utah 2003
             40      ENACTS:
             41          20A-2-201.5, Utah Code Annotated 1953
             42     
             43      Be it enacted by the Legislature of the state of Utah:
             44          Section 1. Section 20A-2-107 is amended to read:
             45           20A-2-107. Designating or changing party affiliation.
             46          (1) For each person who registers to vote on or after May 1, 2000, the county clerk
             47      shall:
             48          (a) record the party affiliation designated by the voter on the voter registration form as
             49      the voter's party affiliation; or
             50          (b) if no political party affiliation is designated by the voter on the voter registration
             51      form, record the voter's party affiliation as "unaffiliated."
             52          (2) [(a) Any] Subject to the provisions of Subsection (3), any registered voter may
             53      designate or change the voter's political party affiliation by [complying with the procedures and
             54      requirements of this Subsection (2). (b) Except for the 20 days immediately before a regular
             55      primary election, any registered voter may designate or change the voter's political party
             56      affiliation by] filing a signed form [with the county clerk] that identifies the registered political
             57      party with which the voter chooses to affiliate[.] with the:
             58          (a) county clerk; or


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


             90          (b) the person appears, in person during the hours that the polls are open, at the polling
             91      place for the voting precinct in which the person has his principal place of residence; and
             92          (c) the person completes a voter registration form according to the procedures and
             93      requirements of Section 20A-2-104 .
             94          (2) A person may register to vote on election day as provided in this section on the date
             95      of any regular general election, municipal general election, regular primary election, municipal
             96      primary election, special election, bond election, or the Western States Presidential Primary.
             97          Section 4. Section 20A-2-202 is amended to read:
             98           20A-2-202. Registration by mail.
             99          (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
             100          (b) To register by mail, a citizen shall complete and sign the by-mail registration form
             101      and mail or deliver it to the county clerk of the county in which the citizen resides.
             102          (c) (i) In order to register to vote in a particular election, the citizen shall:
             103          (A) address the by-mail voter registration form to the county clerk; and
             104          (B) ensure that it is postmarked at least 20 days before the date of the election.
             105          (ii) If the voter is registering for the first time in the county, the citizen shall either:
             106          (A) submit a copy of a proof of identification or proof of residence with the by-mail
             107      voter registration form; or
             108          (B) submit proof of identification or proof of residence to the election judge at the time
             109      the citizen votes.
             110          (d) The citizen has effectively registered to vote under this section only when the
             111      county clerk's office has received a correctly completed by-mail voter registration form.
             112          (2) Upon receipt of a correctly completed by-mail voter registration form, the county
             113      clerk shall:
             114          (a) enter the applicant's name on the list of registered voters for the voting precinct in
             115      which the applicant resides; and
             116          (b) mail confirmation of registration to the newly registered voter after entering the
             117      applicant's voting precinct number on that copy.
             118          (3) (a) If the county clerk receives a correctly completed by-mail voter registration
             119      form that is postmarked less than 20 days before an election or that is received in the six
             120      calendar days before an election, the county clerk shall[: (i) register the applicant after the next


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


             152      required by Section 20A-2-108 .
             153          (2) Any citizen who is qualified to vote may register to vote by completing the voter
             154      registration form.
             155          (3) The Driver License Division shall:
             156          (a) assist applicants in completing the voter registration form unless the applicant
             157      refuses assistance;
             158          (b) accept completed forms for transmittal to the appropriate election official;
             159          (c) transmit a copy of each voter registration form to the appropriate election official
             160      within five days after it is received by the division;
             161          (d) transmit each address change within five days after it is received by the division;
             162      and
             163          (e) transmit electronically to the lieutenant governor's office the name, address, birth
             164      date, and driver license number of each person who answers "yes" to the question on the driver
             165      license form about registering to vote.
             166          (4) Upon receipt of a correctly completed voter registration form, the county clerk
             167      shall:
             168          (a) enter the applicant's name on the list of registered voters for the voting precinct in
             169      which the applicant resides; and
             170          (b) notify the applicant of registration.
             171          (5) (a) If the county clerk receives a correctly completed voter registration form that is
             172      dated less than 20 days before an election or that is received in the six calendars days before an
             173      election, the county clerk shall[: (i) register the applicant after the next election; and (ii)]
             174      promptly mail a notice to the applicant and, if possible, promptly phone [or mail a notice to]
             175      the applicant [before the election, informing the applicant that his registration will not be
             176      effective until after the election.] to provide the applicant with:
             177          (i) notice that the registration form was either not timely mailed or not timely received;
             178          (ii) notice that the person may register to vote on the day of the election by appearing,
             179      in person during the hours that the polls are open, at the polling place for the voting precinct in
             180      which the person has his principal place of residence;
             181          (iii) the location of the person's local voting precinct; and
             182          (iv) notice that the person will be required to meet the requirements of Section


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


             214      substantially the following form:
             215          "REGISTERING TO VOTE
             216          If you are not registered to vote where you live now, would you like to apply to register
             217      to vote here today? (Applying to register to vote or declining to register to vote will not affect
             218      the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
             219      DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
             220      NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
             221      voter registration application form, we will help you. The decision about whether or not to
             222      seek or accept help is yours. You may fill out the application form in private. If you believe
             223      that someone has interfered with your right to register or to decline to register to vote, your
             224      right to privacy in deciding whether or not to register, or in applying to register to vote, or your
             225      right to choose your own political party or other political preference, you may file a complaint
             226      with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
             227      84114. (801) 538-1040."
             228          (4) Unless a person applying for service or assistance from a public assistance agency
             229      or discretionary voter registration agency declines, in writing, to register to vote, each public
             230      assistance agency and discretionary voter registration agency shall:
             231          (a) distribute a by-mail voter registration form with each application for service or
             232      assistance provided by the agency or office;
             233          (b) assist applicants in completing the voter registration form unless the applicant
             234      refuses assistance;
             235          (c) accept completed forms for transmittal to the appropriate election official; and
             236          (d) transmit a copy of each voter registration form to the appropriate election official
             237      within five days after it is received by the division.
             238          (5) A person in a public assistance agency or a discretionary voter registration agency
             239      that helps a person complete the voter registration form may not:
             240          (a) seek to influence an applicant's political preference or party registration;
             241          (b) display any political preference or party allegiance;
             242          (c) make any statement to an applicant or take any action that has the purpose or effect
             243      of discouraging the applicant from registering to vote; or
             244          (d) make any statement to an applicant or take any action that has the purpose or effect


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


             276      in person during the hours that the polls are open, at the polling place for the voting precinct in
             277      which the person has his principal place of residence;
             278          (c) the location of the person's local voting precinct, if the voting precinct may be
             279      determined from the information provided on the registration form; and
             280          (d) notice that the person will be required to meet the requirements of Section
             281      20A-2-201.5 in order to register to vote on election day.
             282          Section 7. Section 20A-2-304 is amended to read:
             283           20A-2-304. County clerk's responsibilities -- Notice of disposition.
             284          Each county clerk shall:
             285          (1) register to vote each applicant for registration who meets the requirements for
             286      registration and who:
             287          (a) submits a completed voter registration form to the county clerk at least 20 days
             288      before the date of the election;
             289          (b) submits a completed voter registration form to the Driver License Division, a
             290      public assistance agency, or a discretionary voter registration agency at least 20 days before the
             291      date of the election; [or]
             292          (c) mails a completed by-mail voter registration form to the county clerk that is
             293      postmarked at least 20 days before the election; [and] or
             294          (d) submits a completed voter registration form to an election judge according to the
             295      requirements of Section 20A-2-201.5 ; and
             296          (2) send a notice to the voter informing the voter that:
             297          (a) the voter's application for voter registration has been accepted and that the voter is
             298      registered to vote;
             299          (b) the voter's application for voter registration has been rejected and the reason for the
             300      rejection; or
             301          (c) the application for voter registration is being returned to the voter for further action
             302      because the application is incomplete and giving instructions to the voter about how to properly
             303      complete the application.
             304          Section 8. Section 20A-3-104 is amended to read:
             305           20A-3-104. Manner of voting.
             306          (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his


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


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


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


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


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


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





Legislative Review Note
    as of 1-6-06 2:25 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


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