H.B. 196

1

PROVISIONAL BALLOT AMENDMENTS FOR
2 UNREGISTERED VOTERS
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Neil A. Hansen
6 Senate Sponsor: ____________
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to require a county clerk to count a provisional
11 ballot of an unregistered voter under certain circumstances.
12 Highlighted Provisions:
13 This bill:
14 . amends the definition of "legally entitled to vote" to include a voter who is eligible
15 to be registered to vote in the state;
16 . requires a county clerk to count a provisional ballot of a person who is not
17 registered to vote but who is eligible to register to vote in this state; and
18 . make technical changes.
19 Monies Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 20A-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
26
27 Be it enacted by the Legislature of the state of Utah:

28 Section 1. Section 20A-4-107 is amended to read:
29 20A-4-107. Review and disposition of provisional ballot envelopes.
30 (1) As used in this section, a voter is "legally entitled to vote" if:
31 (a) the voter:
32 (i) is registered to vote in the state or is eligible to be registered to vote in the state;
33 (ii) resides within the voting precinct where the voter seeks to vote; and
34 (iii) provided valid voter identification to the poll worker as indicated by a notation in
35 the official register;
36 (b) the voter:
37 (i) is registered to vote in the state or is eligible to be registered to vote in the state; and
38 (ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
39 identical to the ballot voted in the voter's precinct of residence; or
40 (c) the voter:
41 (i) is registered to vote in the state or is eligible to be registered to vote in the state;
42 (ii) the poll worker recorded in the official register that the voter either failed to
43 provide valid voter identification or the documents provided as valid voter identification were
44 inadequate; and
45 (iii) the county clerk verifies the voter's identity and residence through some other
46 means.
47 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
48 the affirmation on the face of each provisional ballot envelope and determine if the person
49 signing the affirmation is [a registered voter and] legally entitled to vote the ballot that the
50 voter voted.
51 (b) If the election officer determines that the person [is not a registered voter or] is not
52 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
53 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
54 produce or count it.
55 (c) If the election officer determines that the person [is a registered voter and] is legally
56 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
57 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
58 those ballots at the canvass.

59 (d) The election officer may not count, or allow to be counted a provisional ballot
60 unless the voter's identity and residence is established by a preponderance of the evidence.
61 (3) If the election officer determines that the person is a registered voter, the election
62 officer shall ensure that the voter registration records are updated to reflect the information
63 provided on the provisional ballot envelope.
64 (4) If the election officer determines that the person is not a registered voter and the
65 information on the provisional ballot envelope is complete, the election officer shall:
66 (a) consider the provisional ballot envelope a voter registration form; and
67 (b) register the voter.




Legislative Review Note
as of 2-4-09 3:07 PM

Office of Legislative Research and General Counsel