S.B. 193

1

ELECTION LAW CHANGES
2 2008 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Peter C. Knudson
5 House Sponsor: Glenn A. Donnelson
6
7 LONG TITLE
8 General Description:
9 This bill modifies the Election Code by amending certain election offense, penalty, and
10 residency provisions.
11 Highlighted Provisions:
12 This bill:
13 . amends the penalty for bribing a voter or accepting a bribe as a voter to a third
14 degree felony;
15 . amends the penalty for fraudulently voting or interfering with an election to a class
16 A misdemeanor;
17 . amends the penalty for wilfully hindering voting to a class C misdemeanor;
18 . requires that a person who applies for voter registration must reside within the
19 voting district or precinct in which the person applies to register to vote;
20 . clarifies that a person resides in a voting precinct if the person's principal place of
21 residence is in the voting precinct;
22 . replaces the term "qualified and entitled" with the term "eligible" when describing a
23 person who may register to vote;
24 . amends the penalty for voting in another person's name to a class A misdemeanor;
25 and
26 . makes technical changes.
27 Monies Appropriated in this Bill:

28 None
29 Other Special Clauses:
30 None
31 Utah Code Sections Affected:
32 AMENDS:
33 20A-1-601, as enacted by Laws of Utah 1993, Chapter 1
34 20A-1-602, as last amended by Laws of Utah 2007, Chapter 75
35 20A-1-603, as enacted by Laws of Utah 1993, Chapter 1
36 20A-1-604, as enacted by Laws of Utah 1993, Chapter 1
37 20A-1-606, as enacted by Laws of Utah 1993, Chapter 1
38 20A-2-101, as last amended by Laws of Utah 2007, Chapter 329
39 20A-2-105, as last amended by Laws of Utah 2007, Chapter 285
40 20A-2-201, as last amended by Laws of Utah 2007, Chapter 285
41 20A-2-401, as enacted by Laws of Utah 1993, Chapter 1
42 20A-3-101, as last amended by Laws of Utah 2007, Chapter 329
43 20A-3-505, as last amended by Laws of Utah 1994, Chapter 2
44
45 Be it enacted by the Legislature of the state of Utah:
46 Section 1. Section 20A-1-601 is amended to read:
47 20A-1-601. Bribery in elections -- Paying for votes -- Penalties.
48 (1) [It is unlawful for any] A person may not, directly or indirectly, by himself or
49 through any other person [to]:
50 (a) pay, loan, or contribute, or offer or promise to pay, loan, or contribute any money or
51 other valuable consideration to or for any voter or to or for any other person:
52 (i) to induce the voter to vote or refrain from voting at any election provided by law;
53 (ii) to induce any voter to vote or refrain from voting at an election for any particular
54 person or [persons] measure;
55 (iii) to induce a voter to go to the polls or remain away from the polls at any election;
56 (iv) because a voter voted or refrained from voting for any particular person, or went to
57 the polls or remained away from the polls; or
58 (v) to obtain the political support or aid of any person at an election;

59 (b) give, offer, or promise any office, place, or employment, or to promise or procure,
60 or endeavor to procure, any office, place, or employment, to or for any voter, or to or for any
61 other person, in order to:
62 (i) induce a voter to vote or refrain from voting at any election;
63 (ii) induce any voter to vote or refrain from voting at an election for any particular
64 person or [persons] measure; or
65 (iii) obtain the political support or aid of any person;
66 (c) advance or pay, or cause to be paid, any money or other valuable thing to, or for the
67 use of, any other person with the intent that the money or other valuable thing be used in
68 bribery at any election provided by law; or
69 (d) knowingly pay, or cause to be paid, any money or other valuable thing to any
70 person in discharge or repayment of any money expended wholly or in part in bribery at any
71 election.
72 (2) In addition to the penalties established in Section 20A-1-609 , [any person convicted
73 of any of the offenses established by this section shall be punished by a fine of not more than
74 $1,000, or by imprisonment in the state prison for not more than five years, or by both a fine
75 and imprisonment] a person who commits an offense under Subsection (1) is guilty of a third
76 degree felony.
77 Section 2. Section 20A-1-602 is amended to read:
78 20A-1-602. Receiving bribe -- Receiving payments for votes -- Penalties.
79 (1) [It is unlawful for any person, for himself] A person may not, for himself or for any
80 other person, directly or indirectly, by himself or through any person, before, during, or after
81 any election [to]:
82 (a) receive, agree to receive, or contract for any money, gift, loan, or other valuable
83 consideration, office, place, or employment for:
84 (i) voting or agreeing to vote;
85 (ii) going or agreeing to go to the polls;
86 (iii) remaining or agreeing to remain away from the polls; or
87 (iv) refraining or agreeing to refrain from voting, or for voting or agreeing to vote, or
88 refraining or agreeing to refrain from voting, for any particular person or measure at any
89 election provided by law; or

90 (b) receive any money or other valuable thing because the person induced any other
91 person to:
92 (i) vote or refrain from voting; or
93 (ii) vote or refrain from voting for any particular person or measure at any election
94 provided by law.
95 (2) In addition to the penalties established in Section 20A-1-609 , [any person convicted
96 of any of the offenses established by this section shall be punished by:] a person who commits
97 an offense under Subsection (1) is guilty of a third degree felony.
98 [(a) a fine of not more than $1,000;]
99 [(b) imprisonment in the state prison for not more than five years; or]
100 [(c) both a fine and imprisonment as provided by this section.]
101 Section 3. Section 20A-1-603 is amended to read:
102 20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or records
103 -- Penalties.
104 [(1) It is unlawful for:]
105 [(a) any person who is not entitled to vote to fraudulently vote; and]
106 [(b) any person to:]
107 (1) (a) A person may not fraudulently vote on behalf of himself or another, by:
108 (i) [vote] voting more than once at any one election;
109 (ii) knowingly [hand] handing in two or more ballots folded together;
110 (iii) [change] changing any ballot after it has been cast or deposited in the ballot box;
111 (iv) [add or attempt] adding or attempting to add any ballot or vote to those legally
112 polled at any election by fraudulently introducing the ballot or vote into the ballot box or vote
113 tally, either before or after the ballots have been counted;
114 (v) [add to or mix, or attempt] adding to or mixing or attempting to add or mix, other
115 ballots with the ballots lawfully polled while those ballots are being counted or canvassed, or at
116 any other time; or
117 (vi) voting in a voting district or precinct when the person knew or should have known
118 that the person was not eligible for voter registration in that district or precinct, unless the
119 person is legally entitled to vote the ballot under Section 20A-4-107 or another provision of
120 this title.

121 (b) A person may not fraudulently interfere with an election by:
122 [(vi)] (i) willfully [detain, mutilate, or destroy] detaining, mutilating, or destroying any
123 election returns;
124 [(vii)] (ii) in any manner, [interfere] interfering with the officers holding an election or
125 conducting a canvass, or with the voters lawfully exercising their rights of voting at an election,
126 so as to prevent the election or canvass from being fairly held or lawfully conducted;
127 [(viii) engage] (iii) engaging in riotous conduct at any election, or [interfere]
128 interfering in any manner with any election [officer] official in the discharge of [his] the
129 election official's duties;
130 [(ix) induce] (iv) inducing any election officer, or officer whose duty it is to ascertain,
131 announce, or declare the result of any election or to give or make any certificate, document, or
132 evidence in relation to any election, to violate or refuse to comply with [his] the election
133 officer's duty or any law regulating [his] the election officer's duty;
134 [(x) take, carry away, conceal, remove, or destroy]
135 (v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
136 other thing from a polling place, or from the possession of the person authorized by law to have
137 the custody of that thing; or
138 [(xi) aid, counsel, provide, procure, advise, or assist]
139 (vi) aiding, counseling, providing, procuring, advising, or assisting any person to do
140 any of the acts specified in this section.
141 (2) In addition to the penalties established in Section 20A-1-609 , [any person convicted
142 of any of the offenses established in this section shall be punished by a fine of not more than
143 $1,000, or by imprisonment in the state prison for not more than five years, or by both a fine
144 and imprisonment] a person who commits an offense under Subsection (1) is guilty of a class A
145 misdemeanor.
146 Section 4. Section 20A-1-604 is amended to read:
147 20A-1-604. Destroying instruction cards, sample ballots, or election
148 paraphernalia -- Penalties.
149 [(1) It is unlawful for any person to:]
150 (1) A person may not:
151 (a) willfully deface or destroy any list of candidates posted in accordance with the

152 provisions of this title;
153 (b) willfully deface, tear down, remove or destroy any card of instruction or sample
154 ballot, printed or posted for the instruction of voters during an election;
155 (c) willfully remove or destroy any of the supplies or conveniences furnished to enable
156 a voter to prepare [his] the voter's ballot during an election; or
157 (d) willfully hinder the voting of others.
158 (2) In addition to the penalties established in Section 20A-1-609 , [any person convicted
159 of any of the offenses established by this section shall be punished by a fine of not less than $5
160 nor more than $100, or by imprisonment in the county jail not exceeding three months, or by
161 both a fine and imprisonment] a person who commits an offense under Subsection (1) is guilty
162 of a class C misdemeanor.
163 Section 5. Section 20A-1-606 is amended to read:
164 20A-1-606. Wagering on elections forbidden.
165 (1) (a) [It is unlawful for any candidate] A candidate may not, before or during any
166 primary or election campaign [to]:
167 (i) make any bet or wager anything of pecuniary value on the result of the primary or
168 election, or on any event or contingency relating to any pending primary or election;
169 (ii) become a party to any bet or wager on the result of a primary or election or on any
170 event or contingency relating to any pending primary or election; and
171 (iii) provide money or any other valuable thing to be used by any other person in
172 betting or wagering upon the results of any impending primary or election.
173 (b) In addition to the penalties established in Section 20A-1-609 , [any person convicted
174 of any of the offenses established by] a person who commits an offense under Subsection (1) is
175 guilty of a third degree felony.
176 (2) (a) [It is unlawful for any person to] A person who is not a candidate may not make
177 any bet or wager anything of pecuniary value on the result of any primary or election, or on any
178 event or contingency relating to any primary or election.
179 (b) In addition to the penalties established in Section 20A-1-609 , [any person convicted
180 of any of the offenses established by] a person who commits an offense under Subsection (2)(a)
181 is guilty of a class B misdemeanor.
182 (3) (a) [It is unlawful for any person to] A person may not directly or indirectly make a

183 bet or wager with any voter that is dependent upon the outcome of any primary or election with
184 the intent to subject that voter to the possibility of challenge at a primary or election or to
185 prevent the voter from voting at a primary or election.
186 (b) In addition to the penalties established in Section 20A-1-609 , [any person convicted
187 of any of the offenses established by this] a person who commits an offense under Subsection
188 (3)(a) is guilty of a class B misdemeanor.
189 Section 6. Section 20A-2-101 is amended to read:
190 20A-2-101. Eligibility for registration.
191 (1) Except as provided in Subsection (2), any person may apply to register to vote in an
192 election who:
193 (a) is a citizen of the United States;
194 (b) has been a resident of Utah for at least the 30 days immediately before the election;
195 [and]
196 (c) will be at least 18 years old on the day of the election[.]; and
197 (d) currently resides within the voting district or precinct in which the person applies to
198 register to vote.
199 (2) (a) (i) A person who is involuntarily confined or incarcerated in a jail, prison, or
200 other facility within a voting precinct is not a resident of that voting precinct and may not
201 register to vote in that voting precinct unless the person was a resident of that voting precinct
202 before the confinement or incarceration.
203 (ii) A person who is involuntarily confined or incarcerated in a jail or prison is resident
204 of the voting precinct in which the person resided before the confinement or incarceration.
205 (b) A person who has been convicted of a felony whose right to vote has not been
206 restored as provided by law may not register to vote.
207 (3) [Any] A person who is eligible [or qualified] to vote and who resides within the
208 geographic boundaries of the entity in which the election is held may register [and] to vote in a:
209 (a) regular general election[, a];
210 (b) regular primary election[, a];
211 (c) municipal general election[, a];
212 (d) municipal primary election[, a];
213 (e) statewide special election[, a];

214 (f) local special election[, a];
215 (g) local district election[,]; and [a]
216 (h) bond election [unless that person resides outside the geographic boundaries of the
217 entity in which the election is held].
218 Section 7. Section 20A-2-105 is amended to read:
219 20A-2-105. Determining residency.
220 (1) Except as provided in Subsection (4), election officials and judges shall apply the
221 standards and requirements of this section when determining whether or not a person is a
222 resident for purposes of interpreting this title or the Utah constitution.
223 (2) A "resident" is a person who resides within a specific voting precinct in Utah as
224 provided in this section.
225 (3) (a) A person resides in Utah if [the person]:
226 (i) [has his] the person's principal place of residence is within Utah; and
227 (ii) the person has a present intention to continue residency within Utah permanently or
228 indefinitely.
229 (b) A person resides within a particular voting precinct if, as of the date of registering
230 to vote, the person has[, or will have as of the date of the election, his] the person's principal
231 place of residence in [the] that voting precinct.
232 (4) (a) The principal place of residence of any person shall be determined by applying
233 the [rules contained in] provisions of this Subsection (4).
234 (b) A person's "principal place of residence" is that place in which the person's
235 habitation is fixed and to which, whenever [he] the person is absent, [he] the person has the
236 intention of returning.
237 (c) A person has not gained or lost a residence solely because [he] the person is present
238 in Utah or present in a voting precinct or absent from Utah or [his] absent from the person's
239 voting precinct because [he] the person is:
240 (i) employed in the service of the United States or of Utah;
241 (ii) a student at any institution of learning;
242 (iii) incarcerated in prison or jail; or
243 (iv) residing upon any Indian or military reservation.
244 (d) (i) A member of the armed forces of the United States is not a resident of Utah

245 merely because that member is stationed at any military facility within Utah.
246 (ii) In order to be a resident of Utah, that member must meet the other requirements of
247 this section.
248 (e) (i) Except as provided in Subsection (4)(e)(ii), a person has not lost [his] the
249 person's residence if that person leaves [his] the person's home to go into a foreign country or
250 into another state or into another voting precinct within Utah for temporary purposes with the
251 intention of returning.
252 (ii) If that person has voted in that other state or voting precinct, the person is a resident
253 of that other state or voting precinct.
254 (f) A person is not a resident of any county or voting precinct if that person comes for
255 temporary purposes [without intending] and does not intend to make that county [his] or voting
256 precinct the person's home.
257 (g) If a person removes to another state with the intention of making it [his] the
258 person's principal place of residence, [he] the person loses [his] the person's residence in Utah.
259 (h) If a person moves to another state with the intent of remaining there for an
260 indefinite time as a place of permanent residence, [he] the person loses [his] the person's
261 residence in Utah, even though [he] the person intends to return at some future time.
262 (i) (i) Except as provided in Subsection (4)(i)(ii), the place where a person's family
263 resides is presumed to be [his] the person's place of residence.
264 (ii) A person may rebut the presumption established in Subsection (4)(i)(i) by proving
265 [his] the person's intent to remain at a place other than where [his] the person's family resides.
266 (j) (i) A person has changed his residence if:
267 (A) the person has acted affirmatively to remove himself from one geographic location;
268 and
269 (B) the person has an intent to remain in another place.
270 (ii) There can only be one residence.
271 (iii) A residence cannot be lost until another is gained.
272 (5) In computing the period of residence, a person shall:
273 (a) include the day on which the person's residence begins; and
274 (b) exclude the day of the next election.
275 (6) (a) There is a presumption that a person is a resident of Utah and of a voting

276 precinct and intends to remain in Utah permanently or indefinitely if the person makes an oath
277 or affirmation upon a registration application form that [his] the person's residence address and
278 place of residence is within a specific voting precinct in Utah.
279 (b) The election officers and election officials shall allow that person to register and
280 vote unless, upon a challenge by a registrar or some other person, it is shown by law or by clear
281 and [compelling] convincing evidence that:
282 (i) the person does not intend to remain permanently or indefinitely in Utah; or
283 (ii) the person is incarcerated in prison or jail.
284 (7) (a) The rules set forth in this section for determining place of residence for voting
285 purposes do not apply to a person incarcerated in prison or jail.
286 (b) For voting registration purposes, a person incarcerated in prison or jail is
287 considered to reside in the voting precinct in which [his] the person's place of residence was
288 located before incarceration.
289 (8) If a person's principal place of residence is a residential parcel of one acre in size or
290 smaller that is divided by the boundary line between two or more counties, that person shall be
291 considered a resident of the county in which a majority of the residential parcel lies.
292 Section 8. Section 20A-2-201 is amended to read:
293 20A-2-201. Registering to vote at office of county clerk.
294 (1) Except as provided in Subsection (3), the county clerk shall register to vote all
295 persons who present themselves for registration at the county clerk's office during designated
296 office hours if those persons, on [voting day] the date of the election, will be legally [qualified
297 and entitled] eligible to vote in a voting precinct in the county in accordance with Section
298 20A-2-101 .
299 (2) If a registration form is submitted in person at the office of the county clerk during
300 the period beginning on the date after the voter registration deadline and ending on the date that
301 is 15 calendar days before the date of the election, the county clerk shall:
302 (a) accept registration forms from all persons who present themselves for registration at
303 the clerk's office during designated office hours if those persons, on [voting day] the date of the
304 election, will be legally qualified and entitled to vote in a voting precinct in the county; and
305 (b) inform them that:
306 (i) they will be registered to vote in the pending election; and

307 (ii) for the pending election, they must vote on the day of the election and will not be
308 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
309 registered too late.
310 (3) Except as provided in this Subsection (3), if a registration form is submitted to the
311 county clerk on the date of the election or during the 14 calendar days before an election, the
312 county clerk shall:
313 (a) accept registration forms from all persons who present themselves for registration at
314 the clerk's office during designated office hours if those persons, on [voting day] the date of the
315 election, will be legally qualified and entitled to vote in a voting precinct in the county; and
316 (b) inform them that they will be registered to vote but may not vote in the pending
317 election because they registered too late.
318 Section 9. Section 20A-2-401 is amended to read:
319 20A-2-401. Fraudulent registration -- Penalty.
320 (1) [It is unlawful for any person to] A person may not willfully cause, procure, or
321 allow himself to be registered to vote, knowing that he is not [entitled] eligible to register to
322 vote under Section 20A-2-101 .
323 (2) [It is unlawful for any person to] A person may not willfully cause, procure, advise,
324 encourage, or assist any other person to be registered to vote, knowing or believing that the
325 person is not [entitled] eligible to register to vote.
326 (3) Any person who violates this section is guilty of a class A misdemeanor.
327 Section 10. Section 20A-3-101 is amended to read:
328 20A-3-101. Residency and age requirements of voters.
329 (1) A person may vote in any regular general election or statewide special election if
330 that person[:] has registered to vote in accordance with Title 20A, Chapter 2, Voter
331 Registration.
332 [(a) is a citizen of the United States;]
333 [(b) is a resident of Utah;]
334 [(c) will, on the date of that election:]
335 [(i) be at least 18 years old; and]
336 [(ii) have been a resident of Utah for 30 days immediately before that election; and]
337 [(d) has registered to vote.]

338 (2) A person may vote in the Western States Presidential Primary election or a regular
339 primary election if [that person]:
340 [(a) is a citizen of the United States;]
341 [(b) is a resident of Utah;]
342 [(c) will, on the date of that election:]
343 [(i) be at least 18 years old; and]
344 [(ii) have been a resident of Utah for 30 days immediately before that election;]
345 [(d)] (a) that person has registered to vote in accordance with Title 20A, Chapter 2,
346 Voter Registration; and
347 [(e) whose] (b) that person's political party affiliation, or unaffiliated status, allows the
348 [voter] person to vote in the election.
349 (3) A person may vote in a municipal general election, municipal primary, in a local
350 special election, in a local district election, and in a bond election if that person:
351 [(a) is a citizen of the United States;]
352 [(b) is a resident of Utah;]
353 [(c) is a resident of the local entity that is holding the election;]
354 [(d) will, on the date of the election:]
355 [(i) be at least 18 years old; and]
356 [(ii) have been a resident of Utah for 30 days immediately before the election; and]
357 [(e)] (a) has registered to vote[.] in accordance with Title 20A, Chapter 2, Voter
358 Registration; and
359 (b) is a resident of a voting district or precinct within the local entity that is holding the
360 election.
361 Section 11. Section 20A-3-505 is amended to read:
362 20A-3-505. False impersonation -- Double voting.
363 (1) (a) [It is unlawful for any person to] A person may not apply for a ballot:
364 (i) in the name of some other person, whether it is that of a person living or dead, or of
365 a fictitious person[,]; or [who,]
366 (ii) after having voted once at [a primary or] an election, [applies] apply again at the
367 same election for a ballot in [his] the person's own name or any other name.
368 (b) Any person who violates [this section] Subsection (1)(a) is guilty of a third degree

369 felony [and shall be punished by imprisonment in the state prison for not less than one nor
370 more than three years].
371 (2) (a) [It is unlawful for any person to] A person may not aid, [abet] assist, counsel, or
372 procure another person to commit the felony prohibited in Subsection (1)(a).
373 (b) Any person who violates [this subsection is guilty of a felony and shall be punished
374 by imprisonment in the state prison for not less than one nor more than three years] Subsection
375 (2)(a) is guilty of a class A misdemeanor.




Legislative Review Note
as of 1-31-08 12:27 PM

Office of Legislative Research and General Counsel