S.B. 10

1

PROVISIONAL BALLOT AMENDMENTS
2 2006 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Parley G. Hellewell
5 House Sponsor: Douglas C. Aagard
6
7 LONG TITLE
8 General Description:
9 This bill amends the provisional ballot requirements under the Election Code.
10 Highlighted Provisions:
11 This bill:
12 . provides that a voter whose identity or right to vote is challenged shall be issued a
13 provisional ballot and be permitted to vote;
14 . removes the procedure requiring an affidavit to be signed in order to obtain a ballot
15 when a voter's identity or right to vote is challenged;
16 . removes criminal penalties associated with the affidavit requirement;
17 . provides a criminal penalty for knowingly providing false information when voting
18 using a provisional ballot; and
19 . makes technical changes.
20 Monies Appropriated in this Bill:
21 None
22 Other Special Clauses:
23 None
24 Utah Code Sections Affected:
25 AMENDS:
26 20A-3-104.5, as last amended by Chapter 159, Laws of Utah 2003
27 20A-3-105.5, as last amended by Chapters 34, 117 and 131, Laws of Utah 2003

28 20A-3-202, as last amended by Chapter 105, Laws of Utah 2005
29 20A-6-105, as last amended by Chapter 219, Laws of Utah 2004
30 ENACTS:
31 20A-3-506, Utah Code Annotated 1953
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 20A-3-104.5 is amended to read:
35 20A-3-104.5. Voting -- Regular primary election.
36 (1) (a) Any registered voter desiring to vote at the regular primary election shall give
37 his name, the name of the registered political party whose ballot the voter wishes to vote, and,
38 if requested, his residence, to one of the election judges.
39 (b) If an election judge does not know the [person] voter requesting a ballot and has
40 reason to doubt that [person's] voter's identity, the judge shall:
41 (i) request that the voter present identification; or
42 (ii) have the voter identified by a known registered voter of the district.
43 (c) [If the voter is challenged as provided in Section 20A-3-202 , the] The election
44 judge shall [provide a ballot to the voter if the voter takes an oath that the grounds of the
45 challenge are false.] follow the procedures and requirements of Section 20A-3-105.5 if:
46 (i) the election judge is not satisfied that the voter has been properly identified; or
47 (ii) the voter's right to vote is challenged under Section 20A-3-202 .
48 (2) (a) (i) [When] If the voter is properly identified, the election judge in charge of the
49 official register shall check the official register to determine:
50 (A) whether or not the person is registered to vote; and
51 (B) whether or not the person's party affiliation designation in the official register
52 allows the voter to vote the ballot that the voter requested.
53 (ii) If the official register does not affirmatively identify the voter as being affiliated
54 with a registered political party or if the official register identifies the voter as being
55 "unaffiliated," the voter shall be considered to be "unaffiliated."
56 (b) (i) [If] Except as provided in Subsection (2)(b)(ii), if the voter's name is not found
57 on the official register [and, if], the judge shall follow the procedures and requirements of
58 Section 20A-3-105.5 .

59 (ii) (A) If it is not unduly disruptive of the election process, the election judge shall
60 attempt to contact the county clerk's office to request oral verification of the voter's registration.
61 [(ii)] (B) If oral verification is received from the county clerk's office, the judge shall:
62 (I) record the verification on the official register[,];
63 (II) determine the voter's party affiliation and the ballot that the voter is qualified to
64 vote[,]; and
65 (III) perform the other administrative steps required by Subsection (3).
66 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
67 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
68 requested, the election judge shall inform the voter of that fact and inform the voter of the
69 ballot or ballots that the voter's party affiliation does allow the voter to vote.
70 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
71 register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
72 registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the
73 ballot that the voter requests, the election judge shall ask the voter if the voter wishes to vote
74 another registered political party ballot that the voter, as "unaffiliated," is authorized to vote, or
75 remain "unaffiliated."
76 (B) If the voter wishes to vote another registered political party ballot that the
77 unaffiliated voter is authorized to vote, the election judge shall proceed as required by
78 Subsection (3).
79 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
80 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
81 voter may not vote.
82 (iii) For the primary elections held in 2004, 2006, and 2008 only:
83 (A) If the voter is listed in the official register as "unaffiliated," or if the official
84 register does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a
85 registered political party, the election judge shall ask the voter if the voter wishes to affiliate
86 with a registered political party, or remain "unaffiliated."
87 (B) If the voter wishes to affiliate with the registered political party whose ballot the
88 voter requested, the election judge shall direct the voter to complete the change of party
89 affiliation form and proceed as required by Subsection (3).

90 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
91 political party ballot that the unaffiliated voter is authorized to vote, the election judge shall
92 proceed as required by Subsection (3).
93 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
94 that unaffiliated voters are authorized to vote, the election judge shall instruct the voter that the
95 voter may not vote.
96 (3) If the election judge determines that the voter is registered and eligible, under
97 Subsection (2), to vote the ballot that the voter requested:
98 (a) the election judge in charge of the official register shall:
99 (i) write the ballot number and the name of the registered political party whose ballot
100 the voter voted opposite the name of the voter in the official register; and
101 (ii) direct the voter to sign his name in the election column in the official register;
102 (b) another judge shall list the ballot number and voter's name in the pollbook; and
103 (c) the election judge having charge of the ballots shall:
104 (i) endorse his initials on the stub;
105 (ii) check the name of the voter on the pollbook list with the number of the stub;
106 (iii) hand the voter the ballot for the registered political party that the voter requested
107 and for which the voter is authorized to vote; and
108 (iv) allow the voter to enter the voting booth.
109 (4) Whenever the election officer is required to furnish more than one kind of official
110 ballot to the voting precinct, the election judges of that voting precinct shall give the registered
111 voter the kind of ballot that the voter is qualified to vote.
112 Section 2. Section 20A-3-105.5 is amended to read:
113 20A-3-105.5. Manner of voting -- Provisional ballot.
114 (1) The election judges shall follow the procedures and requirements of this section
115 when:
116 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ; [or]
117 (b) the person's name is not found on the official register[.]; or
118 (c) the election judge is not satisfied that the voter has been properly identified.
119 (2) When faced with one of the circumstances outlined in Subsection (1)(a) or (1)(b),
120 the election judge shall:

121 (a) request that the person provide proof of identity and proof of residence; and
122 (b) review the proof of identity and proof of residence provided by the person.
123 (3) If the election judge is satisfied that the person has established the person's identity
124 and residence in the voting precinct:
125 (a) the election judge in charge of the official register shall:
126 (i) record in the official register the type of source documents that established the
127 person's proof of identity and proof of residence;
128 (ii) write the provisional ballot envelope number opposite the name of the voter in the
129 official register; and
130 (iii) direct the voter to sign his name in the election column in the official register;
131 (b) another judge shall list the ballot number and voter's name in the pollbook; and
132 (c) the election judge having charge of the ballots shall:
133 (i) endorse his initials on the stub;
134 (ii) check the name of the voter on the pollbook list with the number of the stub;
135 (iii) give the voter a ballot and a provisional ballot envelope; and
136 (iv) allow the voter to enter the voting booth.
137 (4) If the election judge is not satisfied that the voter has provided sufficient proof of
138 identity and proof of residence:
139 (a) the election judge in charge of the official register shall:
140 (i) record in the official register that the voter did not provide adequate proof of
141 identity and proof of residence;
142 (ii) write the provisional ballot envelope number opposite the name of the voter in the
143 official register; and
144 (iii) direct the voter to sign his name in the election column in the official register;
145 (b) another judge shall list the ballot number and voter's name in the pollbook; and
146 (c) the election judge having charge of the ballots shall:
147 (i) endorse his initials on the stub;
148 (ii) check the name of the voter on the pollbook list with the number of the stub;
149 (iii) give the voter a ballot and a provisional ballot envelope; and
150 (iv) allow the voter to enter the voting booth.
151 (5) Whenever the election officer is required to furnish more than one kind of official

152 ballot to a voting precinct, the election judges of that voting precinct shall give the registered
153 voter the kind of ballot that the voter is qualified to vote.
154 Section 3. Section 20A-3-202 is amended to read:
155 20A-3-202. Challenges -- Recorded in official register and in pollbook.
156 (1) (a) When any person applies for a ballot or when a person offers a ballot for deposit
157 in the ballot box, the person's right to vote in that voting precinct and in that election may be
158 orally challenged by an election judge or any challenger orally stating the challenged voter's
159 name and the basis for the challenge.
160 (b) A person may challenge another person's right to vote by alleging that:
161 (i) the voter is not the person whose name appears in the official register and under
162 which name the right to vote is claimed;
163 (ii) the voter is not a resident of Utah;
164 (iii) the voter is not a citizen of the United States;
165 (iv) the voter has not or will not have resided in Utah for 30 days immediately before
166 the date of the election;
167 (v) the voter does not live in the voting precinct;
168 (vi) the voter does not live within the geographic boundaries of the entity holding the
169 election;
170 (vii) the voter's principal place of residence is not in the voting precinct;
171 (viii) the voter's principal place of residence is not in the geographic boundaries of the
172 election area;
173 (ix) the voter has voted before in the election;
174 (x) the voter is not at least 18 years old;
175 (xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a
176 resident of the entity holding the election before the voter was confined or incarcerated;
177 (xii) the voter is a convicted felon and is incarcerated for the commission of a felony;
178 or
179 (xiii) in a regular primary election, the voter does not meet the political party affiliation
180 criteria established by the political party whose ballot the voter seeks to vote.
181 [(2) (a) The election judges shall give the voter a ballot and allow the voter to vote if:]
182 [(i) the person challenged signs a written affidavit certifying that he meets all the

183 requirements for voting; and]
184 [(ii) the election judge determines that the person challenged is registered to vote and,
185 in a regular primary election, meets the political party affiliation criteria established by the
186 political party whose ballot the voter seeks to vote.]
187 [(b) The election judges may not give the voter a ballot or allow the voter to vote if:]
188 [(i) the person challenged refuses to sign the written affidavit; or]
189 [(ii) in a regular primary election, the election judge determines that the person
190 challenged does not meet the political party affiliation criteria established by the political party
191 whose ballot the voter seeks to vote and is unwilling or unable to take the steps authorized by
192 law to comply with those criteria.]
193 [(c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
194 requirements for voting when that person knows he does not meet at least one of those
195 requirements.]
196 [(ii) Any person who violates this Subsection (2)(c) is guilty of a class B
197 misdemeanor.]
198 [(3)] (2) (a) Any person may challenge the right to vote of any person whose name
199 appears on the posting list by filing a written signed statement identifying the challenged
200 voter's name and the basis for the challenge with the county clerk on the Friday before the
201 election during regular business hours.
202 (b) The person challenging a person's right to vote shall allege one or more of the
203 grounds established in Subsection (1)(b) as the basis for the challenge.
204 (c) The county clerk shall:
205 (i) carefully preserve the written challenges;
206 (ii) write in the appropriate official register opposite the name of any person for whom
207 the county clerk received a written challenge, the words "To be challenged"; and
208 (iii) transmit the written challenges to election judges of that voting precinct.
209 (d) [On election day, the] The election judges shall raise the written challenge with the
210 voter [before giving the voter a ballot] when the voter requests a ballot.
211 [(e) If the person challenged takes an oath before any of the election judges that the
212 grounds of the challenge are false, the judges shall allow the person to vote.]
213 [(f) If the person applying to vote does not meet the legal requirements to vote, or

214 refuses to take the oath, the election judges may not deliver a ballot to him.]
215 [(4)] (3) The election judges shall record all challenges in the official register and on
216 the challenge sheets in the pollbook.
217 [(5) If the person challenged under Subsection (3) voted an absentee ballot, the county
218 clerk shall submit the name of the voter and the challenge to the voter to the county attorney, or
219 the district attorney in counties with a prosecution district, for investigation and prosecution for
220 voter fraud.]
221 (4) If a person's right to vote is challenged under this section, the election judge shall
222 follow the procedures and requirements of Section 20A-3-105.5 .
223 Section 4. Section 20A-3-506 is enacted to read:
224 20A-3-506. False information on provisional ballot envelope.
225 (1) A person may not wilfully falsify information on a provisional ballot envelope.
226 (2) A person who violates this section is guilty of a class B misdemeanor.
227 Section 5. Section 20A-6-105 is amended to read:
228 20A-6-105. Provisional ballot envelopes.
229 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
230 substantially the following form:
231 "AFFIRMATION
232 Are you a citizen of the United States of America? Yes No
233 Will you be 18 years old on or before election day? Yes No
234 If you checked "no" in response to either of the two above questions, do not complete this
235 form.
236 Name of Voter _________________________________________________________
237 First Middle Last
238 Driver License or Identification Card Number _________________________________
239 State of Issuance of Driver License or Identification Card Number _________________
240 Date of Birth ___________________________________________________________
241 Street Address of Principal Place of Residence
242 ______________________________________________________________________
243 City County State Zip Code
244 Telephone Number (optional) ______________________________________________

245 Last four digits of Social Security Number ____________________________
246 Last former address at which I was registered to vote (if known)
247 ______________________________________________________________________
248 City County State Zip Code
249 Voting Precinct (if known)
250 _________________________________________________
251 I, (please print your full name)__________________________do solemnly swear or
252 affirm:
253 1. that I am currently registered to vote in ______________________, County, Utah;
254 that I have not moved out of the county since the date of the original registration; that I have
255 not voted in this election in any other precinct; and that I request that I be permitted to vote in
256 this election in this precinct;
257 2. that on or about____________________(Date), I completed a voter registration
258 application at_______________________________(please indicate the office at which you
259 completed the voter registration application, for example, Human Services, Driver License,
260 etc., or, if you filled out a mail-in registration form, please indicate.);
261 3. that I have previously registered to vote in __________________, County, Utah; that
262 I have not resided outside of that county since completing that registration; and that I am
263 entitled to vote today; and
264 4. subject to penalty of law for false statements, that the information contained in this
265 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
266 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
267 immediately before this election.
268 Signed ______________________________________________________________________
269 Dated ______________________________________________________________________
270 In accordance with Section 20A-3-506 , wilfully providing false information above is a
271 class B misdemeanor under Utah law and is punishable by imprisonment and by fine".
272 "CITIZENSHIP AFFIDAVIT
273 Name:
274 Name at birth, if different:
275 Place of birth:

276 Date of birth:
277 Date and place of naturalization (if applicable):
278 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
279 citizen and that to the best of my knowledge and belief the information above is true and
280 correct.
281 ____________________________
282 Signature of Applicant
283 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
284 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
285 up to one year in jail and a fine of up to $2,500."
286 (2) The provisional ballot envelope shall include:
287 (a) a unique number;
288 (b) a detachable part that includes the unique number; and
289 (c) a telephone number, internet address, or other indicator of a means, in accordance
290 with Section 20A-6-105.5 , where the voter can find out if the provisional ballot was counted.




Legislative Review Note
as of 10-19-05 11:46 AM

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 12-21-05 1:47 PM

The Government Operations Interim Committee recommended this bill.