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H.B. 347
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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) [
53 designate or change the voter's political party affiliation by [
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57 party with which the voter chooses to affiliate[
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 [
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 [
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76 [
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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[
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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[
139 (a) notice that [
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[
174 promptly mail a notice to the applicant and, if possible, promptly phone [
175 the applicant [
176
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[
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[
255 promptly mail a notice to the applicant and, if possible, promptly phone [
256 the applicant [
257
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
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; [
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; [
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 [
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 [
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 [
367 register to vote or, if it is not unduly disruptive of the election process, request that the election
368 judge [
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 [
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[
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 [
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 [
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 [
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[
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.