First Substitute S.B. 69

This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Mon, Mar 9, 2009 at 6:10 PM by rday. -->

Senator Mark B. Madsen proposes the following substitute bill:

1 PROOF OF CITIZENSHIP REQUIRED TO
2 VOTE
3 2009 GENERAL SESSION
4 STATE OF UTAH
5 Chief Sponsor: Mark B. Madsen
6 House Sponsor: Bradley M. Daw
7
8 LONG TITLE
9 General Description:
10 This bill modifies the Election Code to require verification of citizenship.
11 Highlighted Provisions:
12 This bill:
13 . modifies definitions;
14 . requires persons that are registering to vote in the state for the first time or that are
15 changing their registration from another state to provide evidence, either at the time
16 of registration or at the time or voting, that they are citizens of the United States;
17 . provides that persons who are already registered to vote in Utah need not provide
18 proof of citizenship;
19 . provides a list of acceptable documentation for providing proof of citizenship;
20 . permits tribes to provide lists or documentation to assist county clerks as part of the
21 citizenship verification process;
22 . modifies voter registration forms to reflect the new requirements;
23 . modifies voting procedures to reflect the new requirements; and
24 . makes technical changes.
25 Monies Appropriated in this Bill:

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- 2 - 26 None
27 Other Special Clauses:
28 This bill coordinates with H.B. 126 Voter Identification for Elections, by providing
29 superseding and technical amendments.
30 This bill coordinates with S.B. 27 Election Law Changes, by providing superseding and
31 technical amendments.
32 This bill coordinates with S.B. 40 Lawful Presence Verification for Issuance of a Driver
33 License or Identification Card, by providing superseding and technical amendments.
34 Utah Code Sections Affected:
35 AMENDS:
36 20A-1-102, as last amended by Laws of Utah 2008, Chapters 19, 170, 315, and 360
37 20A-2-104, as last amended by Laws of Utah 2008, Chapter 382
38 20A-2-108, as last amended by Laws of Utah 2004, Chapter 219
39 20A-2-201, as last amended by Laws of Utah 2008, Chapters 225 and 276
40 20A-2-202, as last amended by Laws of Utah 2006, Chapters 264 and 326
41 20A-2-204, as last amended by Laws of Utah 2006, Chapters 264 and 326
42 20A-2-205, as last amended by Laws of Utah 2006, Chapters 264 and 326
43 20A-3-104, as last amended by Laws of Utah 2006, Chapters 264 and 326
44 20A-3-104.5, as last amended by Laws of Utah 2008, Chapter 329
45 20A-3-105.5, as last amended by Laws of Utah 2007, Chapter 75
46 20A-3-305, as last amended by Laws of Utah 2006, Chapter 264
47 20A-3-401, as last amended by Laws of Utah 2006, Chapter 264
48 20A-4-107, as last amended by Laws of Utah 2007, Chapters 75 and 285
49 ENACTS:
50 20A-2-110, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 20A-1-102 is amended to read:
54 20A-1-102. Definitions.
55 As used in this title:
56 (1) "Active voter" means a registered voter who has not been classified as an inactive

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- 3 - 57 voter by the county clerk.
58 (2) "Automatic tabulating equipment" means apparatus that automatically examines
59 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
60 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
61 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
62 secrecy envelopes.
63 (4) "Ballot sheet":
64 (a) means a ballot that:
65 (i) consists of paper or a card where the voter's votes are marked or recorded; and
66 (ii) can be counted using automatic tabulating equipment; and
67 (b) includes punch card ballots, and other ballots that are machine-countable.
68 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
69 contain the names of offices and candidates and statements of ballot propositions to be voted
70 on and which are used in conjunction with ballot sheets that do not display that information.
71 (6) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
72 on the ballot for their approval or rejection including:
73 (a) an opinion question specifically authorized by the Legislature;
74 (b) a constitutional amendment;
75 (c) an initiative;
76 (d) a referendum;
77 (e) a bond proposition;
78 (f) a judicial retention question; or
79 (g) any other ballot question specifically authorized by the Legislature.
80 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
81 20A-4-306 to canvass election returns.
82 (8) "Bond election" means an election held for the purpose of approving or rejecting
83 the proposed issuance of bonds by a government entity.
84 (9) "Book voter registration form" means voter registration forms contained in a bound
85 book that are used by election officers and registration agents to register persons to vote.
86 (10) "By-mail voter registration form" means a voter registration form designed to be
87 completed by the voter and mailed to the election officer.

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- 4 - 88 (11) "Canvass" means the review of election returns and the official declaration of
89 election results by the board of canvassers.
90 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
91 the canvass.
92 (13) "Convention" means the political party convention at which party officers and
93 delegates are selected.
94 (14) "Counting center" means one or more locations selected by the election officer in
95 charge of the election for the automatic counting of ballots.
96 (15) "Counting judge" means a poll worker designated to count the ballots during
97 election day.
98 (16) "Counting poll watcher" means a person selected as provided in Section
99 20A-3-201 to witness the counting of ballots.
100 (17) "Counting room" means a suitable and convenient private place or room,
101 immediately adjoining the place where the election is being held, for use by the poll workers
102 and counting judges to count ballots during election day.
103 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
104 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
105 (20) "County officers" means those county officers that are required by law to be
106 elected.
107 (21) "Election" means a regular general election, a municipal general election, a
108 statewide special election, a local special election, a regular primary election, a municipal
109 primary election, and a local district election.
110 (22) "Election Assistance Commission" means the commission established by Public
111 Law 107-252, the Help America Vote Act of 2002.
112 (23) "Election cycle" means the period beginning on the first day persons are eligible to
113 file declarations of candidacy and ending when the canvass is completed.
114 (24) "Election judge" means a poll worker that is assigned to:
115 (a) preside over other poll workers at a polling place;
116 (b) act as the presiding election judge; or
117 (c) serve as a canvassing judge, counting judge, or receiving judge.
118 (25) "Election officer" means:

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- 5 - 119 (a) the lieutenant governor, for all statewide ballots;
120 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
121 as provided in Section 20A-5-400.5 ;
122 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
123 provided in Section 20A-5-400.5 ;
124 (d) the local district clerk or chief executive officer for certain ballots and elections as
125 provided in Section 20A-5-400.5 ; and
126 (e) the business administrator or superintendent of a school district for certain ballots
127 or elections as provided in Section 20A-5-400.5 .
128 (26) "Election official" means any election officer, election judge, or poll worker.
129 (27) "Election results" means, for bond elections, the count of those votes cast for and
130 against the bond proposition plus any or all of the election returns that the board of canvassers
131 may request.
132 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
133 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
134 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
135 spoiled ballots, the ballot disposition form, and the total votes cast form.
136 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
137 device or other voting device that records and stores ballot information by electronic means.
138 (30) (a) "Electronic voting device" means a voting device that uses electronic ballots.
139 (b) "Electronic voting device" includes a direct recording electronic voting device.
140 (31) "Inactive voter" means a registered voter who has been sent the notice required by
141 Section 20A-2-306 and who has failed to respond to that notice.
142 (32) "Inspecting poll watcher" means a person selected as provided in this title to
143 witness the receipt and safe deposit of voted and counted ballots.
144 (33) "Judicial office" means the office filled by any judicial officer.
145 (34) "Judicial officer" means any justice or judge of a court of record or any county
146 court judge.
147 (35) "Local district" means a local government entity under Title 17B, Limited Purpose
148 Local Government Entities - Local Districts, and includes a special service district under Title
149 17D, Chapter 1, Special Service District Act.

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- 6 - 150 (36) "Local district officers" means those local district officers that are required by law
151 to be elected.
152 (37) "Local election" means a regular municipal election, a local special election, a
153 local district election, and a bond election.
154 (38) "Local political subdivision" means a county, a municipality, a local district, or a
155 local school district.
156 (39) "Local special election" means a special election called by the governing body of a
157 local political subdivision in which all registered voters of the local political subdivision may
158 vote.
159 (40) "Municipal executive" means:
160 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102 ;
161 and
162 (b) the mayor in the council-manager form of government defined in Subsection
163 10-3b-103 (6).
164 (41) "Municipal general election" means the election held in municipalities and local
165 districts on the first Tuesday after the first Monday in November of each odd-numbered year
166 for the purposes established in Section 20A-1-202 .
167 (42) "Municipal legislative body" means the council of the city or town in any form of
168 municipal government.
169 (43) "Municipal officers" means those municipal officers that are required by law to be
170 elected.
171 (44) "Municipal primary election" means an election held to nominate candidates for
172 municipal office.
173 (45) "Official ballot" means the ballots distributed by the election officer to the poll
174 workers to be given to voters to record their votes.
175 (46) "Official endorsement" means:
176 (a) the information on the ballot that identifies:
177 (i) the ballot as an official ballot;
178 (ii) the date of the election; and
179 (iii) the facsimile signature of the election officer; and
180 (b) the information on the ballot stub that identifies:

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- 7 - 181 (i) the poll worker's initials; and
182 (ii) the ballot number.
183 (47) "Official register" means the official record furnished to election officials by the
184 election officer that contains the information required by Section 20A-5-401 .
185 (48) "Paper ballot" means a paper that contains:
186 (a) the names of offices and candidates and statements of ballot propositions to be
187 voted on; and
188 (b) spaces for the voter to record his vote for each office and for or against each ballot
189 proposition.
190 (49) "Political party" means an organization of registered voters that has qualified to
191 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
192 Formation and Procedures.
193 (50) (a) "Poll worker" means a person assigned by an election official to assist with an
194 election, voting, or counting votes.
195 (b) "Poll worker" includes election judges.
196 (c) "Poll worker" does not include a watcher.
197 (51) "Pollbook" means a record of the names of voters in the order that they appear to
198 cast votes.
199 (52) "Polling place" means the building where voting is conducted.
200 (53) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
201 in which the voter marks his choice.
202 (54) "Provisional ballot" means a ballot voted provisionally by a person:
203 (a) whose name is not listed on the official register at the polling place;
204 (b) whose legal right to vote is challenged as provided in this title; or
205 (c) whose identity or citizenship was not sufficiently established by a poll worker in
206 accordance with this title's requirements.
207 (55) "Provisional ballot envelope" means an envelope printed in the form required by
208 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
209 verify a person's legal right to vote.
210 (56) "Primary convention" means the political party conventions at which nominees for
211 the regular primary election are selected.

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- 8 - 212 (57) "Protective counter" means a separate counter, which cannot be reset, that is built
213 into a voting machine and records the total number of movements of the operating lever.
214 (58) "Qualify" or "qualified" means to take the oath of office and begin performing the
215 duties of the position for which the person was elected.
216 (59) "Receiving judge" means the poll worker that checks the voter's name in the
217 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
218 after the voter has voted.
219 (60) "Registration form" means a book voter registration form and a by-mail voter
220 registration form.
221 (61) "Regular ballot" means a ballot that is not a provisional ballot.
222 (62) "Regular general election" means the election held throughout the state on the first
223 Tuesday after the first Monday in November of each even-numbered year for the purposes
224 established in Section 20A-1-201 .
225 (63) "Regular primary election" means the election on the fourth Tuesday of June of
226 each even-numbered year, at which candidates of political parties and nonpolitical groups are
227 voted for nomination.
228 (64) "Resident" means a person who resides within a specific voting precinct in Utah.
229 (65) "Sample ballot" means a mock ballot similar in form to the official ballot printed
230 and distributed as provided in Section 20A-5-405 .
231 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
232 punch the ballot for one or more candidates who are members of different political parties.
233 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
234 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
235 voter's vote.
236 (68) "Special election" means an election held as authorized by Section 20A-1-204 .
237 (69) "Spoiled ballot" means each ballot that:
238 (a) is spoiled by the voter;
239 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
240 (c) lacks the official endorsement.
241 (70) "Statewide special election" means a special election called by the governor or the
242 Legislature in which all registered voters in Utah may vote.

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- 9 - 243 (71) "Stub" means the detachable part of each ballot.
244 (72) "Substitute ballots" means replacement ballots provided by an election officer to
245 the poll workers when the official ballots are lost or stolen.
246 (73) "Ticket" means each list of candidates for each political party or for each group of
247 petitioners.
248 (74) "Transfer case" means the sealed box used to transport voted ballots to the
249 counting center.
250 (75) "Vacancy" means the absence of a person to serve in any position created by
251 statute, whether that absence occurs because of death, disability, disqualification, resignation,
252 or other cause.
253 (76) "Valid voter identification" means:
254 (a) a form of identification that bears the name and photograph of the voter which may
255 include:
256 (i) a currently valid Utah driver license;
257 (ii) a currently valid identification card that is issued by:
258 (A) the state;
259 (B) a local government within the state; or
260 (C) a branch, department, or agency of the United States;
261 (iii) an identification card that is issued by an employer for an employee;
262 (iv) a currently valid identification card that is issued by a college, university, technical
263 school, or professional school that is located within the state;
264 (v) a currently valid Utah permit to carry a concealed weapon;
265 (vi) a currently valid United States passport; or
266 (vii) a valid tribal identification card; or
267 (b) two forms of identification that bear the name of the voter and provide evidence
268 that the voter resides in the voting precinct, which may include:
269 (i) a voter identification card;
270 (ii) a current utility bill or a legible copy thereof;
271 (iii) a bank or other financial account statement, or a legible copy thereof;
272 (iv) a certified birth certificate;
273 (v) a valid Social Security card;

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- 10 - 274 (vi) a check issued by the state or the federal government or a legible copy thereof;
275 (vii) a paycheck from the voter's employer, or a legible copy thereof;
276 (viii) a currently valid Utah hunting or fishing license;
277 (ix) a currently valid United States military identification card;
278 (x) certified naturalization documentation;
279 (xi) a currently valid license issued by an authorized agency of the United States;
280 (xii) a certified copy of court records showing the voter's adoption or name change;
281 (xiii) a Bureau of Indian Affairs card;
282 (xiv) a tribal treaty card;
283 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
284 (xvi) a form of identification listed in Subsection (76)(a) that does not contain a
285 photograph, but establishes the name of the voter and provides evidence that the voter resides
286 in the voting precinct.
287 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
288 candidate by following the procedures and requirements of this title.
289 (78) "Voter" means a person who meets the requirements for voting in an election,
290 meets the requirements of election registration, is registered to vote, and is listed in the official
291 register book.
292 (79) "Voter registration deadline" means the registration deadline provided in Section
293 20A-2-102.5 .
294 (80) "Voting area" means the area within six feet of the voting booths, voting
295 machines, and ballot box.
296 (81) "Voting booth" means:
297 (a) the space or compartment within a polling place that is provided for the preparation
298 of ballots, including the voting machine enclosure or curtain; or
299 (b) a voting device that is free standing.
300 (82) "Voting device" means:
301 (a) an apparatus in which ballot sheets are used in connection with a punch device for
302 piercing the ballots by the voter;
303 (b) a device for marking the ballots with ink or another substance;
304 (c) an electronic voting device or other device used to make selections and cast a ballot

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- 11 - 305 electronically, or any component thereof;
306 (d) an automated voting system under Section 20A-5-302 ; or
307 (e) any other method for recording votes on ballots so that the ballot may be tabulated
308 by means of automatic tabulating equipment.
309 (83) "Voting machine" means a machine designed for the sole purpose of recording
310 and tabulating votes cast by voters at an election.
311 (84) "Voting poll watcher" means a person appointed as provided in this title to
312 witness the distribution of ballots and the voting process.
313 (85) "Voting precinct" means the smallest voting unit established as provided by law
314 within which qualified voters vote at one polling place.
315 (86) "Watcher" means a voting poll watcher, a counting poll watcher, an inspecting
316 poll watcher, and a testing watcher.
317 (87) "Western States Presidential Primary" means the election established in Title 20A,
318 Chapter 9, Part 8.
319 (88) "Write-in ballot" means a ballot containing any write-in votes.
320 (89) "Write-in vote" means a vote cast for a person whose name is not printed on the
321 ballot according to the procedures established in this title.
322 Section 2. Section 20A-2-104 is amended to read:
323 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
324 (1) Every person applying to be registered shall complete a registration form printed in
325 substantially the following form:
326 -----------------------------------------------------------------------------------------------------------------
327 UTAH ELECTION REGISTRATION FORM
328 Are you a citizen of the United States of America? Yes No
329 Will you be at least 18 years old on or before election day? Yes No
330 If you checked "no" to either of the above two questions, do not complete this form.
331 Name of Voter
332 _________________________________________________________________
333 First Middle Last
334 Driver License or Identification Card Number____________________________
335 State of issuance of Driver License or Identification Card

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- 12 - 336 Date of Birth ______________________________________________________
337 Street Address of Principal Place of Residence
338 ____________________________________________________________________________
339 City County State Zip Code
340 Telephone Number (optional) ________________________________
341 Last four digits of Social Security Number ______________________
342 Last former address at which I was registered to vote (if known)_________________________
343 ____________________________________________________________________________
344 City County State Zip Code
345 Political Party
346 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
347 the lieutenant governor under Section 67-1a-2 , with each party's name preceded by a checkbox)
348 .Unaffiliated (no political party preference) .Other (Please specify)___________________
349 I do swear (or affirm), subject to penalty of law for false statements, that the
350 information contained in this form is true, and that I am a citizen of the United States and a
351 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
352 will have resided in Utah for 30 days immediately before the next election. I am not a
353 convicted felon currently incarcerated for commission of a felony.
354 Signed and sworn
355 __________________________________________________________
356 Voter's Signature
357 _______________(month/day/year).
358 CITIZENSHIP AFFIDAVIT
359 Name:
360 Name at birth, if different:
361 Place of birth:
362 Date of birth:
363 Date and place of naturalization (if applicable):
364 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
365 citizen and that to the best of my knowledge and belief the information above is true and
366 correct.

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Senate 2nd Reading Amendments 3-9-2009 rd/crp 367

____________________________
368 Signature of Applicant
369 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
370 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
371 up to one year in jail and a fine of up to $2,500.
372 NOTICE: IF YOU ARE REGISTERING TO VOTE IN THIS STATE FOR THE FIRST
373 TIME OR IF YOU ARE CHANGING YOUR VOTER REGISTRATION FROM ANOTHER
374 STATE, YOU MUST EITHER INCLUDE A LEGIBLE COPY OF ONE OF THE
375 FOLLOWING WITH YOUR APPLICATION OR SHOW ONE OF THE FOLLOWING AT
376 THE TIME YOU VOTE AS EVIDENCE OF UNITED STATES CITIZENSHIP:
377 (A) YOUR CURRENTLY VALID UTAH DRIVER LICENSE;
378 (B) YOUR BIRTH CERTIFICATE;
379 (C) YOUR UNITED STATES PASSPORT SHOWING YOUR NAME AND
380 PASSPORT NUMBER;
381 (D) YOUR UNITED STATES NATURALIZATION DOCUMENTS, AS
382 PERMITTED BY FEDERAL LAW, SHOWING YOUR NAME AND THE NUMBER OF
383 THE CERTIFICATE OF NATURALIZATION;
384 (E) A DOCUMENT ESTABLISHED AS PROOF OF CITIZENSHIP UNDER THE
385 IMMIGRATION REFORM AND CONTROL ACT OF 1968;
386 (F) YOUR BUREAU OF INDIAN AFFAIRS CARD OR CERTIFICATION OF
387 INDIAN BLOOD;
388 (G) YOUR TRIBAL ENROLLMENT CARD, TRIBAL ENROLLMENT
389 DOCUMENTATION, TRIBAL ENROLLMENT NUMBER, OR OTHER
390 DOCUMENTATION CERTIFYING THAT YOU ARE LISTED ON A TRIBAL
391 ENROLLMENT LIST; S. [ OR ] .S
392 (H) OTHER DOCUMENTATION ESTABLISHING THAT YOU ARE A MEMBER
393 OF A FEDERALLY RECOGNIZED INDIAN TRIBE OR BAND, ALASKAN NATIVE
394 VILLAGE, OR OTHER TRIBE RECOGNIZED BY FEDERAL LAW OR FORMALLY
395 ACKNOWLEDGED BY A STATE S. [ . ] ; OR
395a (I) AN OFFICIAL STATEMENT FROM THE FEDERAL SOCIAL SECURITY
395b ADMINISTRATION INDICATING THAT YOU ARE A CITIZEN. .S
396 IN ORDER TO BE ALLOWED TO VOTE IN A VOTING PRECINCT FOR THE FIRST
397 TIME OR TO VOTE DURING THE EARLY VOTING PERIOD BEFORE THE DATE OF

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- 14 - 398 THE ELECTION, YOU MUST PRESENT VALID VOTER IDENTIFICATION TO THE
399 POLL WORKER BEFORE VOTING AS FOLLOWS:
400 (1) A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME,
401 PHOTOGRAPH, AND CURRENT ADDRESS; OR
402 (2) TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
403 CURRENT ADDRESS.
404 FOR OFFICIAL USE ONLY
405 Type of I.D. ____________________________
406 Voting Precinct _________________________
407 Voting I.D. Number _____________________
408 -------------------------------------------------------------------------------------------------------------------
409 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
410 which may be electronic or some other recognized system.
411 (3) (a) Each county clerk shall retain lists of currently registered voters.
412 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
413 (c) If there are any discrepancies between the two lists, the county clerk's list is the
414 official list.
415 (d) The lieutenant governor and the county clerks may charge the fees established
416 under the authority of Subsection 63G-2-203 (10) to individuals who wish to obtain a copy of
417 the list of registered voters.
418 (4) When political parties not listed on the voter registration form qualify as registered
419 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
420 lieutenant governor shall inform the county clerks about the name of the new political party
421 and direct the county clerks to ensure that the voter registration form is modified to include that
422 political party.
423 (5) Upon receipt of a voter registration form from an applicant, the county clerk or the
424 clerk's designee shall:
425 (a) review each voter registration form for completeness and accuracy; and
426 (b) if the county clerk believes, based upon a review of the form, that a person may be
427 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
428 county attorney for investigation and possible prosecution.

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- 15 - 429 Section 3. Section 20A-2-108 is amended to read:
430 20A-2-108. Driver license registration form -- Transmittal of information.
431 (1) The lieutenant governor and the Driver License Division shall design the driver
432 license application and renewal forms to include the question "if you are not registered to vote
433 where you live now, would you like to register to vote today?"
434 (2) (a) The lieutenant governor and the Driver License Division shall design a motor
435 voter registration form to be used in conjunction with driver license application and renewal
436 forms.
437 (b) Each driver license application and renewal form shall contain:
438 (i) a place for the applicant to decline to register to vote;
439 (ii) an eligibility statement in substantially the following form:
440 "I do swear (or affirm), subject to penalty of law for false statements, that the
441 information contained in this form is true, and that I am a citizen of the United States and a
442 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
443 will have resided in Utah for 30 days immediately before the next election.
444 Signed and sworn
445 ____________________________________________________
446 Voter's Signature
447 __________(month\day\year)";
448 (iii) a citizenship affidavit in substantially the following form:
449 "CITIZENSHIP AFFIDAVIT
450 Name:
451 Name at birth, if different:
452 Place of birth:
453 Date of birth:
454 Date and place of naturalization (if applicable):
455 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
456 citizen and that to the best of my knowledge and belief the information above is true and
457 correct.
458 ____________________________
459 Signature of Applicant

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- 16 - 460 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
461 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
462 up to one year in jail and a fine of up to $2,500";
463 (iv) a statement that if an applicant declines to register to vote, the fact that the
464 applicant has declined to register will remain confidential and will be used only for voter
465 registration purposes; [and]
466 (v) a statement that if an applicant does register to vote, the office at which the
467 applicant submits a voter registration application will remain confidential and will be used only
468 for voter registration purposes[.]; and
469 (vi) the information required under Section 20A-2-110 , provided that the voter
470 application portion of the driver license application does not require the applicant to duplicate
471 information provided in the driver license portion of the form.
472 (3) Upon receipt of a voter registration form from an applicant, the county clerk or the
473 clerk's designee shall:
474 (a) review the voter registration form for completeness and accuracy; and
475 (b) if the county clerk believes, based upon a review of the form, that a person may be
476 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
477 county attorney for investigation and possible prosecution.
478 Section 4. Section 20A-2-110 is enacted to read:
479 20A-2-110. Review of voter registration applications -- Evidence of citizenship,
480 age, and residence.
481 (1) As used in this section, "tribe" means an Indian tribe or band or Alaskan Native
482 Village which is recognized by federal law or formally acknowledged by a state.
483 (2) Before registering an applicant to vote, the county clerk shall determine that each
484 applicant:
485 (a) has provided the required information on the voter registration form;
486 (b) has signed the voter registration form;
487 (c) has signed a statement certifying that the applicant will have resided in Utah for 30
488 days immediately before the next election;
489 (d) has provided birth date information showing that the applicant will be at least 18
490 years old on the date of the election; and

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Senate 2nd Reading Amendments 3-9-2009 rd/crp 491

(e) has provided address information showing that the applicant is a resident of the
492 county where the applicant has submitted the applicant's registration form.
493 (3) (a) Subject to the requirements of Subsection (4), the county clerk shall determine
494 whether each applicant has provided evidence of citizenship, which shall consist of
495 presentation of one of the following, or a legible copy of one of the following:
496 (i) the applicant's currently valid Utah driver license;
497 (ii) the applicant's birth certificate showing that the applicant was born in the United
498 States;
499 (iii) the applicant's United States passport showing the applicant's name and the
500 passport number;
501 (iv) the applicant's United States naturalization documents showing that the applicant
502 is a citizen of the United States;
503 (v) subject to the requirements of Subsection (5), the number of the applicant's
504 certificate of naturalization;
505 (vi) other documents or methods of proof of citizenship that are established by the
506 Immigration Reform and Control Act of 1986, Pub. L. No. 99-603;
507 (vii) the applicant's Bureau of Indian Affairs card or Bureau of Indian Affairs
508 certification of Indian blood;
509 (viii) the applicant's tribal enrollment card, tribal enrollment documentation, tribal
510 enrollment number, or other documentation certifying that the applicant is listed on a tribal
511 enrollment list; S. [ or ] .S
512 (ix) other documentation establishing that the applicant is a member of a tribe S. [ . ] or
512a (x) an official statement from the federal Social Security Administration indicating that
512b the applicant is a citizen. .S
513 (b) The county clerk may not accept a driving privilege card issued under Section
514 53-3-207 as valid identification for evidence of citizenship.
515 (c) If the applicant has not provided evidence of citizenship, the county clerk shall
516 register the applicant to vote, but shall make a notation in the official register that the applicant
517 is required to present evidence of citizenship at the time of voting.
518 (4) Any person who is registered to vote in this state as of May 12, 2009, shall not be
519 required to provide evidence of citizenship under Subsection (3), unless that person is changing
520 the person's voter registration from another state to this state.
521 (5) If an applicant provides the number of the applicant's certificate of naturalization as

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- 18 - 522 evidence of citizenship under Subsection (3)(a)(v), the county clerk may not register the
523 applicant to vote until the county clerk is able to verify the number of the certificate with the
524 United States Citizenship and Immigration Services.
525 (6) A tribe may provide lists or other documentation to assist the county clerk in
526 meeting the county clerk's obligations under this section.
527 Section 5. Section 20A-2-201 is amended to read:
528 20A-2-201. Registering to vote at office of county clerk.
529 (1) Except as provided in Subsection (3), the county clerk shall register to vote all
530 persons who present themselves for registration at the county clerk's office during designated
531 office hours if those persons[,]:
532 (a) on the date of the election, will be legally eligible to vote in a voting precinct in the
533 county in accordance with Section 20A-2-101 [.]; and
534 (b) meet the requirements of Section 20A-2-110 .
535 (2) If a registration form is submitted in person at the office of the county clerk during
536 the period beginning on the date after the voter registration deadline and ending on the date that
537 is 15 calendar days before the date of the election, the county clerk shall:
538 (a) accept registration forms from all persons who present themselves for registration at
539 the clerk's office during designated office hours if those persons[,]:
540 (i) on the date of the election, will be legally qualified and entitled to vote in a voting
541 precinct in the county; and
542 (ii) meet the requirements of Section 20A-2-110 ; and
543 (b) inform them that:
544 (i) they will be registered to vote in the pending election; and
545 (ii) for the pending election, they must vote on the day of the election and will not be
546 eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because they
547 registered too late.
548 (3) If a registration form is submitted to the county clerk on the date of the election or
549 during the 14 calendar days before an election, the county clerk shall:
550 (a) accept registration forms from all persons who present themselves for registration at
551 the clerk's office during designated office hours if those persons[,]:
552 (i) on the date of the election, will be legally qualified and entitled to vote in a voting

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554 (ii) meet the requirements of Section 20A-2-110 ; and
555 (b) inform them that they will be registered to vote but may not vote in the pending
556 election because they registered too late.
557 Section 6. Section 20A-2-202 is amended to read:
558 20A-2-202. Registration by mail.
559 (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
560 (b) To register by mail, a citizen shall complete and sign the by-mail registration form
561 and mail or deliver it to the county clerk of the county in which the citizen resides.
562 (c) (i) In order to register to vote in a particular election, the citizen shall:
563 (A) address the by-mail voter registration form to the county clerk; and
564 (B) ensure that it is postmarked on or before the voter registration deadline.
565 (ii) The citizen shall provide evidence of citizenship by submitting a copy of
566 documentation required under Section 20A-2-110 with the by-mail voter registration form if
567 the citizen is:
568 (A) registering to vote for the first time; or
569 (B) changing the citizen's voter registration from another state.
570 [(ii)] (iii) If the voter is registering for the first time in the county, the citizen shall
571 either:
572 (A) submit a copy of the voter's valid voter identification with the by-mail voter
573 registration form; or
574 (B) submit valid voter identification to the poll worker at the time the citizen votes.
575 (d) The citizen has effectively registered to vote under this section only when:
576 (i) the county clerk's office has received a correctly completed by-mail voter
577 registration form[.]; and
578 (ii) the county clerk has determined that the citizen has met the requirements of Section
579 20A-2-110 .
580 (2) Upon receipt of a correctly completed by-mail voter registration form and
581 documentation that meets the requirements of Section 20A-2-110 , the county clerk shall:
582 (a) enter the applicant's name on the list of registered voters for the voting precinct in
583 which the applicant resides; and

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- 20 - 584 (b) mail confirmation of registration to the newly registered voter after entering the
585 applicant's voting precinct number on that copy.
586 (3) (a) If the county clerk receives a correctly completed by-mail voter registration
587 form that is postmarked after the voter registration deadline and documentation that meets the
588 requirements of Section 20A-2-110 , the county clerk shall:
589 (i) register the applicant after the next election; and
590 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
591 informing the applicant that his registration will not be effective until after the election.
592 (b) When the county clerk receives, at least seven days before an election, a correctly
593 completed by-mail voter registration form [at least seven days before an election that is
594 postmarked on or before the date of the voter registration deadline] that is postmarked on or
595 before the date of the voter registration deadline and documentation that meets the
596 requirements of Section 20A-2-110 , the county clerk shall:
597 (i) process the by-mail voter registration form; and
598 (ii) record the new voter in the official register.
599 (4) If the county clerk determines that a registration form received by mail or otherwise
600 is incorrect because of an error or because it is incomplete, the county clerk shall mail notice to
601 the person attempting to register, informing him that he has not been registered because of an
602 error or because the form is incomplete.
603 Section 7. Section 20A-2-204 is amended to read:
604 20A-2-204. Registering to vote when applying for or renewing a driver license.
605 (1) As used in this section, "voter registration form" means the driver license
606 application/voter registration form and the driver license renewal/voter registration form
607 required by Section 20A-2-108 .
608 (2) Any citizen who is qualified to vote may register to vote by completing the voter
609 registration form.
610 (3) The Driver License Division shall:
611 (a) assist applicants in completing the voter registration form unless the applicant
612 refuses assistance;
613 (b) accept completed forms for transmittal to the appropriate election official;
614 (c) transmit a copy of each voter registration form to the appropriate election official

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- 21 - 615 within five days after it is received by the division;
616 (d) transmit each address change within five days after it is received by the division;
617 and
618 (e) transmit electronically to the lieutenant governor's office the name, address, birth
619 date, and driver license number of each person who answers "yes" to the question on the driver
620 license form about registering to vote.
621 (4) Upon receipt of a correctly completed voter registration form and documentation
622 that meets the requirements of Section 20A-2-110 , the county clerk shall:
623 (a) enter the applicant's name on the list of registered voters for the voting precinct in
624 which the applicant resides; and
625 (b) notify the applicant of registration.
626 (5) (a) If the county clerk receives a correctly completed voter registration form that is
627 dated after the voter registration deadline and documentation that meets the requirements of
628 Section 20A-2-110 , the county clerk shall:
629 (i) register the applicant after the next election; and
630 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
631 informing the applicant that his registration will not be effective until after the election.
632 (b) When the county clerk receives, at least seven days before an election, a correctly
633 completed voter registration form [at least seven days before an election] that is dated on or
634 before the voter registration deadline and documentation that meets the requirements of Section
635 20A-2-110 , the county clerk shall:
636 (i) process the voter registration form; and
637 (ii) record the new voter in the official register.
638 (6) If the county clerk determines that a voter registration form received from the
639 Driver License Division is incorrect because of an error or because it is incomplete, the county
640 clerk shall mail notice to the person attempting to register, informing him that he has not been
641 registered because of an error or because the form is incomplete.
642 Section 8. Section 20A-2-205 is amended to read:
643 20A-2-205. Registration at voter registration agencies.
644 (1) As used in this section:
645 (a) "Discretionary voter registration agency" means each office designated by the

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- 22 - 646 county clerk under Part 3, County Clerk's Voter Registration Responsibilities, to provide
647 by-mail voter registration forms to the public.
648 (b) "Public assistance agency" means each office in Utah that provides:
649 (i) public assistance; or
650 (ii) state funded programs primarily engaged in providing services to people with
651 disabilities.
652 (2) Any person may obtain and complete a by-mail registration form at a public
653 assistance agency or discretionary voter registration agency.
654 (3) Each public assistance agency and discretionary voter registration agency shall
655 provide, either as part of existing forms or on a separate form, the following information in
656 substantially the following form:
657 "REGISTERING TO VOTE
658 If you are not registered to vote where you live now, would you like to apply to register
659 to vote here today? (Applying to register to vote or declining to register to vote will not affect
660 the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU
661 DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED
662 NOT TO REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the
663 voter registration application form, we will help you. The decision about whether or not to
664 seek or accept help is yours. You may fill out the application form in private. If you believe
665 that someone has interfered with your right to register or to decline to register to vote, your
666 right to privacy in deciding whether or not to register, or in applying to register to vote, or your
667 right to choose your own political party or other political preference, you may file a complaint
668 with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah
669 84114. [phone]."
670 (4) Unless a person applying for service or assistance from a public assistance agency
671 or discretionary voter registration agency declines, in writing, to register to vote, each public
672 assistance agency and discretionary voter registration agency shall:
673 (a) distribute a by-mail voter registration form with each application for service or
674 assistance provided by the agency or office;
675 (b) assist applicants in completing the voter registration form unless the applicant
676 refuses assistance;

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- 23 - 677 (c) accept completed forms and copies of documentation provided as evidence of
678 citizenship for transmittal to the appropriate election official; and
679 (d) transmit a copy of each voter registration form and evidence of citizenship to the
680 appropriate election official within five days after it is received by the division.
681 (5) A person in a public assistance agency or a discretionary voter registration agency
682 that helps a person complete the voter registration form may not:
683 (a) seek to influence an applicant's political preference or party registration;
684 (b) display any political preference or party allegiance;
685 (c) make any statement to an applicant or take any action that has the purpose or effect
686 of discouraging the applicant from registering to vote; or
687 (d) make any statement to an applicant or take any action that has the purpose or effect
688 of leading the applicant to believe that a decision to register or not to register has any bearing
689 upon the availability of services or benefits.
690 (6) Upon receipt of a correctly completed voter registration form and documentation
691 that meets the requirements of Section 20A-2-110 , the county clerk shall:
692 (a) enter the applicant's name on the list of registered voters for the voting precinct in
693 which the applicant resides; and
694 (b) notify the applicant of registration.
695 (7) (a) If the county clerk receives a correctly completed voter registration form that is
696 dated after the voter registration deadline and documentation that meets the requirements of
697 Section 20A-2-110 , the county clerk shall:
698 (i) register the applicant after the next election; and
699 (ii) if possible, promptly phone or mail a notice to the applicant before the election,
700 informing the applicant that his registration will not be effective until after the election.
701 (b) When the county clerk receives, at least seven days before an election, a correctly
702 completed voter registration form [at least seven days before an election] that is dated on or
703 before the voter registration deadline and documentation that meets the requirements of Section
704 20A-2-110 , the county clerk shall:
705 (i) process the voter registration form; and
706 (ii) record the new voter in the official register.
707 (8) If the county clerk determines that a voter registration form received from a public

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- 24 - 708 assistance agency or discretionary voter registration agency is incorrect because of an error or
709 because it is incomplete, the county clerk shall mail notice to the person attempting to register,
710 informing him that he has not been registered because of an error or because the form is
711 incomplete.
712 Section 9. Section 20A-3-104 is amended to read:
713 20A-3-104. Manner of voting.
714 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
715 residence, to one of the poll workers.
716 (b) (i) The voter shall present valid voter identification to one of the poll workers if the
717 voter is:
718 [(i)] (A) required to present valid voter identification as indicated by a notation in the
719 official register;
720 [(ii)] (B) voting in person by absentee ballot; or
721 [(iii)] (C) voting during the early voting period.
722 [(c)] (ii) If a voter is not required to present valid voter identification under Subsection
723 (1)(b)(i), and the poll worker does not know the voter requesting a ballot and has reason to
724 doubt that voter's identity, the poll worker shall:
725 [(i)] (A) request that the voter present valid voter identification; or
726 [(ii)] (B) have the voter identified by a known registered voter of the district.
727 (c) The voter shall present evidence of citizenship to one of the poll workers if the
728 voter is required to present evidence of citizenship as indicated by a notation in the official
729 register.
730 (d) If the poll worker is satisfied that the voter [has been properly identified] has
731 satisfied the requirements of Subsections (1)(b) and (1)(c), the poll worker shall:
732 (i) record the type of identification and proof of citizenship provided by the voter in the
733 appropriate space in the official register, as applicable; and
734 (ii) follow the procedures of Subsection (2).
735 (e) If the poll worker is not satisfied that the voter [has been properly identified] has
736 satisfied the requirements of Subsections (1)(b) and (1)(c), the poll worker shall:
737 (i) indicate on the official register that the voter [was not properly identified] failed to
738 provide valid voter identification or proof of citizenship;

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- 25 - 739 (ii) issue the voter a provisional ballot; and
740 (iii) follow the procedures and requirements of Section 20A-3-105.5 .
741 (f) If the person's right to vote is challenged as provided in Section 20A-3-202 , the poll
742 worker shall follow the procedures and requirements of Section 20A-3-105.5 .
743 (2) (a) The poll worker in charge of the official register shall check the official register
744 to determine whether or not the voter is registered to vote.
745 (b) If the voter's name is not found on the official register, the poll worker shall follow
746 the procedures and requirements of Section 20A-3-105.5 .
747 (3) If the poll worker determines that the voter is registered and:
748 (a) if the ballot is a paper ballot or a ballot sheet:
749 (i) the poll worker in charge of the official register shall:
750 (A) write the ballot number opposite the name of the voter in the official register; and
751 (B) direct the voter to sign his name in the election column in the official register;
752 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
753 and
754 (iii) the poll worker having charge of the ballots shall:
755 (A) endorse his initials on the stub;
756 (B) check the name of the voter on the pollbook list with the number of the stub;
757 (C) hand the voter a ballot; and
758 (D) allow the voter to enter the voting booth; or
759 (b) if the ballot is an electronic ballot:
760 (i) the poll worker in charge of the official register shall direct the voter to sign the
761 voter's name in the official register;
762 (ii) another poll worker shall list the voter's name in the pollbook; and
763 (iii) the poll worker having charge of the ballots shall:
764 (A) provide the voter access to the electronic ballot; and
765 (B) allow the voter to vote the electronic ballot.
766 (4) Whenever the election officer is required to furnish more than one kind of official
767 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
768 voter the kind of ballot that the voter is qualified to vote.
769 Section 10. Section 20A-3-104.5 is amended to read:

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- 26 - 770 20A-3-104.5. Voting -- Regular primary election and Western States Presidential
771 Primary.
772 (1) (a) Any registered voter desiring to vote at the regular primary election or Utah's
773 Western States Presidential Primary shall give his name, the name of the registered political
774 party whose ballot the voter wishes to vote, and, if requested, his residence, to one of the poll
775 workers.
776 (b) (i) The voter shall present valid voter identification to one of the poll workers if the
777 voter is:
778 [(i)] (A) required to present valid voter identification as indicated by a notation in the
779 official register;
780 [(ii)] (B) voting in person by absentee ballot; or
781 [(iii)] (C) voting during the early voting period.
782 [(c)] (ii) If a voter is not required to present valid voter identification under Subsection
783 (1)(b)(i), and the poll worker does not know the voter requesting a ballot and has reason to
784 doubt that voter's identity, the poll worker shall:
785 [(i)] (A) request that the voter present valid voter identification; or
786 [(ii)] (B) have the voter identified by a known registered voter of the district.
787 (c) The voter shall present evidence of citizenship to one of the poll workers if the
788 voter is required to present evidence of citizenship as indicated by a notation in the official
789 register.
790 (d) The poll worker shall follow the procedures and requirements of Section
791 20A-3-105.5 if:
792 (i) the poll worker is not satisfied that the voter has been properly identified; [or]
793 (ii) the voter has not provided evidence of citizenship as required by Subsection (1)(c);
794 or
795 [(ii)] (iii) the voter's right to vote is challenged under Section 20A-3-202 .
796 (2) (a) (i) If the voter is properly identified, the poll worker in charge of the official
797 register shall check the official register to determine:
798 (A) whether or not the voter is registered to vote; and
799 (B) whether or not the voter's party affiliation designation in the official register allows
800 the voter to vote the ballot that the voter requested.

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- 27 - 801 (ii) If the official register does not affirmatively identify the voter as being affiliated
802 with a registered political party or if the official register identifies the voter as being
803 "unaffiliated," the voter shall be considered to be "unaffiliated."
804 (b) (i) Except as provided in Subsection (2)(b)(ii), if the voter's name is not found on
805 the official register, the poll worker shall follow the procedures and requirements of Section
806 20A-3-105.5 .
807 (ii) (A) If it is not unduly disruptive of the election process, the poll worker shall
808 attempt to contact the county clerk's office to request oral verification of the voter's registration.
809 (B) If oral verification is received from the county clerk's office, the poll worker shall:
810 (I) record the verification on the official register;
811 (II) determine the voter's party affiliation and the ballot that the voter is qualified to
812 vote; and
813 (III) perform the other administrative steps required by Subsection (3).
814 (c) (i) Except as provided in Subsection (2)(c)(ii), if the voter's political party
815 affiliation listed in the official register does not allow the voter to vote the ballot that the voter
816 requested, the poll worker shall inform the voter of that fact and inform the voter of the ballot
817 or ballots that the voter's party affiliation does allow the voter to vote.
818 (ii) (A) If the voter is listed in the official register as "unaffiliated," or if the official
819 register does not affirmatively identify the voter as either "unaffiliated" or affiliated with a
820 registered political party, and the voter, as an "unaffiliated" voter, is not authorized to vote the
821 ballot that the voter requests, the poll worker shall ask the voter if the voter wishes to vote
822 another registered political party ballot that the voter, as "unaffiliated," is authorized to vote, or
823 remain "unaffiliated."
824 (B) If the voter wishes to vote another registered political party ballot that the
825 unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
826 (3).
827 (C) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
828 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
829 voter may not vote.
830 (iii) For the primary elections held in 2004, 2006, and 2008 only:
831 (A) If the voter is listed in the official register as "unaffiliated," or if the official

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- 28 - 832 register does not affirmatively identify the voter as either "unaffiliated" or "affiliated" with a
833 registered political party, the poll worker shall ask the voter if the voter wishes to affiliate with
834 a registered political party, or remain "unaffiliated."
835 (B) If the voter wishes to affiliate with the registered political party whose ballot the
836 voter requested, the poll worker shall direct the voter to complete the change of party affiliation
837 form and proceed as required by Subsection (3).
838 (C) If the voter wishes to remain unaffiliated and wishes to vote another registered
839 political party ballot that the unaffiliated voter is authorized to vote, the poll worker shall
840 proceed as required by Subsection (3).
841 (D) If the voter wishes to remain unaffiliated and does not wish to vote another ballot
842 that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
843 voter may not vote.
844 (3) If the poll worker determines that the voter is registered and eligible, under
845 Subsection (2), to vote the ballot that the voter requested and:
846 (a) if the ballot is a paper ballot or a ballot sheet:
847 (i) the poll worker in charge of the official register shall:
848 (A) write the ballot number and the name of the registered political party whose ballot
849 the voter voted opposite the name of the voter in the official register; and
850 (B) direct the voter to sign his name in the election column in the official register;
851 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
852 and
853 (iii) the poll worker having charge of the ballots shall:
854 (A) endorse his initials on the stub;
855 (B) check the name of the voter on the pollbook list with the number of the stub;
856 (C) hand the voter the ballot for the registered political party that the voter requested
857 and for which the voter is authorized to vote; and
858 (D) allow the voter to enter the voting booth; or
859 (b) if the ballot is an electronic ballot:
860 (i) the poll worker in charge of the official register shall direct the voter to sign his
861 name in the official register;
862 (ii) another poll worker shall list the voter's name in the pollbook; and

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- 29 - 863 (iii) the poll worker having charge of the ballots shall:
864 (A) provide the voter access to the electronic ballot for the registered political party
865 that the voter requested and for which the voter is authorized to vote; and
866 (B) allow the voter to vote the electronic ballot.
867 (4) Whenever the election officer is required to furnish more than one kind of official
868 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
869 voter the kind of ballot that the voter is qualified to vote.
870 Section 11. Section 20A-3-105.5 is amended to read:
871 20A-3-105.5. Manner of voting -- Provisional ballot.
872 (1) The poll workers shall follow the procedures and requirements of this section
873 when:
874 (a) the person's right to vote is challenged as provided in Section 20A-3-202 ;
875 (b) the person's name is not found on the official register; [or]
876 (c) the poll worker is not satisfied that the voter has provided valid voter
877 identification[.]; or
878 (d) the person has not provided evidence of citizenship as required by a notation in the
879 official register.
880 (2) When faced with one of the circumstances outlined in Subsection (1)(a) [or], (1)(b),
881 or (1)(d), the poll worker shall:
882 (a) request that the person provide valid voter identification; and
883 (b) review the identification provided by the person.
884 (3) If the poll worker is satisfied that the person has provided valid voter identification
885 that establishes the person's identity and residence in the voting precinct:
886 (a) the poll worker in charge of the official register shall:
887 (i) record in the official register the type of identification that established the person's
888 identity and place of residence, and, as applicable, the type of identification that the person
889 provided as evidence of citizenship;
890 (ii) write the provisional ballot envelope number opposite the name of the voter in the
891 official register; and
892 (iii) direct the voter to sign his name in the election column in the official register;
893 (b) another poll worker shall list the ballot number and voter's name in the pollbook;

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895 (c) the poll worker having charge of the ballots shall:
896 (i) endorse his initials on the stub;
897 (ii) check the name of the voter on the pollbook list with the number of the stub;
898 (iii) give the voter a ballot and a provisional ballot envelope; and
899 (iv) allow the voter to enter the voting booth.
900 (4) If the poll worker is not satisfied that the voter has provided valid voter
901 identification that establishes the person's identity and residence in the voting precinct:
902 (a) the poll worker in charge of the official register shall:
903 (i) record in the official register that the voter did not provide valid voter identification;
904 (ii) record in the official register the type of identification that was provided by the
905 voter, if any, and, as applicable, the type of identification that was provided by the voter as
906 evidence of citizenship;
907 (iii) write the provisional ballot envelope number opposite the name of the voter in the
908 official register; and
909 (iv) direct the voter to sign his name in the election column in the official register;
910 (b) another poll worker shall list the ballot number and voter's name in the pollbook;
911 and
912 (c) the poll worker having charge of the ballots shall:
913 (i) endorse his initials on the stub;
914 (ii) check the name of the voter on the pollbook list with the number of the stub;
915 (iii) give the voter a ballot and a provisional ballot envelope; and
916 (iv) allow the voter to enter the voting booth.
917 (5) Whenever the election officer is required to furnish more than one kind of official
918 ballot to a voting precinct, the poll workers of that voting precinct shall give the registered
919 voter the kind of ballot that the voter is qualified to vote.
920 Section 12. Section 20A-3-305 is amended to read:
921 20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
922 Affidavit.
923 (1) Upon timely receipt of an absentee voter application properly filled out and signed,
924 or as soon after receipt of the application as the official absentee ballots for the voting precinct

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- 31 - 925 in which the applicant resides have been printed, the election officer shall either:
926 (a) give the applicant an official absentee ballot and envelope to vote in the office; or
927 (b) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
928 envelope printed as required in Subsection (2).
929 (2) The election officer shall ensure that:
930 (a) the name, official title, and post office address of the election officer is printed on
931 the front of the envelope; and
932 (b) a printed affidavit in substantially the following form is printed on the back of the
933 envelope:
934 "County of ____ State of ____
935 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
936 in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election.
937 I am not a convicted felon currently incarcerated for commission of a felony.
938

______________________________

939

Signature of Absentee Voter"

940 (3) If the election officer determines that the absentee voter is required to show valid
941 voter identification or evidence of citizenship as indicated in the official register, the election
942 officer shall:
943 (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5 ;
944 (b) instruct the voter to include a copy of the voter's valid voter identification or
945 evidence of citizenship with the return ballot;
946 (c) provide the voter clear instructions on how to vote a provisional ballot; and
947 (d) comply with the requirements of Subsection (2).
948 Section 13. Section 20A-3-401 is amended to read:
949 20A-3-401. Intent and purpose of part.
950 (1) Each election officer, election official, and judge shall liberally interpret and apply
951 this part to:
952 (a) make it possible for Utah voters living or serving abroad to vote in county, state,
953 and national elections during their absence;
954 (b) enable these voters to register more conveniently;
955 (c) conform to 42 U.S.C. 1973ff, Uniformed and Overseas Citizens Absentee Voting

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- 32 - 956 Act; and
957 (d) in accordance with Public Law 107-252, the Help America Vote Act of 2002,
958 exempt overseas and military voters from:
959 (i) the identification requirements of Section 20A-3-308 [.]; and
960 (ii) the evidence of citizenship requirements of Section 20A-2-110 .
961 (2) The state selective service, all military organizations, and citizens and officers of
962 Utah or of the respective counties and municipalities of the state shall cooperate with the
963 election and party officers in carrying out the intent and purpose of this part.
964 (3) All state and county officers of Utah shall:
965 (a) do all things and perform all acts necessary to put into effect the provisions of any
966 Act of Congress or this state allowing uniformed and overseas citizen voters to vote; and
967 (b) permit the use of any official ballot authorized by any Act of Congress and this part
968 as a ballot supplementary to the official Utah election military ballot.
969 (4) Each provision of this part prevails over any inconsistent provision of any other
970 statute or any part of any statute.
971 Section 14. Section 20A-4-107 is amended to read:
972 20A-4-107. Review and disposition of provisional ballot envelopes.
973 (1) As used in this section, a voter is "legally entitled to vote" if:
974 (a) the voter:
975 (i) is registered to vote in the state;
976 (ii) resides within the voting precinct where the voter seeks to vote; and
977 (iii) provided valid voter identification and evidence of citizenship to the poll worker
978 as [indicated] required by a notation in the official register;
979 (b) the voter:
980 (i) is registered to vote in the state; and
981 (ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
982 identical to the ballot voted in the voter's precinct of residence; or
983 (c) the voter:
984 (i) is registered to vote in the state;
985 (ii) the poll worker recorded in the official register that:
986 (A) the voter [either] failed to provide valid voter identification or evidence of

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- 33 - 987 citizenship; or
988 (B) the documents provided as valid voter identification or evidence of citizenship
989 were inadequate; and
990 (iii) the county clerk verifies the voter's identity and residence through some other
991 means.
992 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
993 the affirmation on the face of each provisional ballot envelope and determine if the person
994 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter
995 voted.
996 (b) If the election officer determines that the person is not a registered voter or is not
997 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
998 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
999 produce or count it.
1000 (c) If the election officer determines that the person is a registered voter and is legally
1001 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
1002 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
1003 those ballots at the canvass.
1004 (d) The election officer may not count, or allow to be counted a provisional ballot
1005 unless:
1006 (i) the voter's identity and residence [is] are established by a preponderance of the
1007 evidence[.]; and
1008 (ii) if the voter was required to provide evidence of citizenship under the requirements
1009 of this title, the voter's citizenship is established by a preponderance of the evidence.
1010 (3) If the election officer determines that the person is a registered voter, the election
1011 officer shall ensure that the voter registration records are updated to reflect the information
1012 provided on the provisional ballot envelope.
1013 (4) If the election officer determines that the person is not a registered voter and the
1014 information on the provisional ballot envelope is complete, the election officer shall:
1015 (a) consider the provisional ballot envelope a voter registration form; and
1016 (b) register the voter.
1017 Section 15. Coordinating S.B. 69 with H.B. 126 -- Merging substantive and

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- 34 - 1018 technical amendments.
1019 If this S.B. 69 and H.B. 126, Voter Identification for Elections, both pass, it is the intent
1020 of the Legislature that the Office of Legislative Research and General Counsel in preparing the
1021 Utah Code database for publication modify Section 20A-3-104 to read:
1022 " 20A-3-104. Manner of voting.
1023 (1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
1024 residence, to one of the poll workers.
1025 (b) The voter shall present valid voter identification to one of the poll workers [if the
1026 voter is:].
1027 [(i) required to present valid voter identification as indicated by a notation in the
1028 official register;]
1029 [(ii) voting in person by absentee ballot; or]
1030 [(iii) voting during the early voting period.]
1031 [(c) If a voter is not required to present valid voter identification under Subsection
1032 (1)(b), and the poll worker does not know the voter requesting a ballot and has reason to doubt
1033 that voter's identity, the poll worker shall:]
1034 [(i) request that the voter present valid voter identification; or]
1035 [(ii) have the voter identified by a known registered voter of the district.]
1036 (c) The voter shall present evidence of citizenship to one of the poll workers, if the
1037 voter is required to present evidence of citizenship as indicated by a notation in the official
1038 register.
1039 (d) If the poll worker is satisfied that the voter has [been properly identified] complied
1040 with the requirements of Subsections (1)(b) and (1)(c) , the poll worker shall:
1041 (i) record the [type of identification] evidence of citizenship provided by the voter in
1042 the appropriate space in the official register, as applicable; and
1043 (ii) follow the procedures of Subsection (2).
1044 (e) If the poll worker is not satisfied that the voter has [been properly identified]
1045 satisfied the requirements of Subsections (1)(b) and (1)(c), the poll worker shall:
1046 (i) indicate on the official register that the voter [was not properly identified] failed to
1047 provide valid voter identification or evidence of citizenship;
1048 (ii) issue the voter a provisional ballot; and

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- 35 - 1049 (iii) follow the procedures and requirements of Section 20A-3-105.5.
1050 (f) If the person's right to vote is challenged as provided in Section 20A-3-202, the poll
1051 worker shall follow the procedures and requirements of Section 20A-3-105.5.
1052 (2) (a) The poll worker in charge of the official register shall check the official register
1053 to determine whether or not the voter is registered to vote.
1054 (b) If the voter's name is not found on the official register, the poll worker shall follow
1055 the procedures and requirements of Section 20A-3-105.5.
1056 (3) If the poll worker determines that the voter is registered and:
1057 (a) if the ballot is a paper ballot or a ballot sheet:
1058 (i) the poll worker in charge of the official register shall:
1059 (A) write the ballot number opposite the name of the voter in the official register; and
1060 (B) direct the voter to sign his name in the election column in the official register;
1061 (ii) another poll worker shall list the ballot number and voter's name in the pollbook;
1062 and
1063 (iii) the poll worker having charge of the ballots shall:
1064 (A) endorse his initials on the stub;
1065 (B) check the name of the voter on the pollbook list with the number of the stub;
1066 (C) hand the voter a ballot; and
1067 (D) allow the voter to enter the voting booth; or
1068 (b) if the ballot is an electronic ballot:
1069 (i) the poll worker in charge of the official register shall direct the voter to sign the
1070 voter's name in the official register;
1071 (ii) another poll worker shall list the voter's name in the pollbook; and
1072 (iii) the poll worker having charge of the ballots shall:
1073 (A) provide the voter access to the electronic ballot; and
1074 (B) allow the voter to vote the electronic ballot.
1075 (4) Whenever the election officer is required to furnish more than one kind of official
1076 ballot to the voting precinct, the poll workers of that voting precinct shall give the registered
1077 voter the kind of ballot that the voter is qualified to vote."
1078 Section 16. Coordinating S.B. 69 with S.B. 27 -- Merging substantive and
1079 technical amendments.

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- 36 - 1080 If this S.B. 69 and S.B. 27, Election Law Changes, both pass, it is the intent of the
1081 Legislature that the Office of Legislative Research and General Counsel in preparing the Utah
1082 Code database for publication modify Section 20A-4-107 to read:
1083 " 20A-4-107. Review and disposition of provisional ballot envelopes.
1084 (1) As used in this section, a voter is "legally entitled to vote" if:
1085 (a) the voter:
1086 (i) is registered to vote in the state;
1087 (ii) resides within the voting precinct where the voter seeks to vote; and
1088 (iii) provided valid voter identification and evidence of citizenship to the poll worker
1089 as indicated by a notation in the official register;
1090 (b) the voter:
1091 (i) is registered to vote in the state; [and]
1092 (ii) (A) provided valid voter identification or evidence of citizenship to the poll
1093 worker; or
1094 (B) either failed to provide valid voter identification or evidence of citizenship or the
1095 documents provided as valid voter identification or evidence of citizenship were inadequate
1096 and the poll worker recorded that fact in the official register but the county clerk verifies the
1097 voter's identity, citizenship, and residence through some other means; and
1098 [(ii)] (iii) did not vote in the voter's precinct of residence, but the ballot that the voter
1099 voted is identical to the ballot voted in the voter's precinct of residence; or
1100 (c) the voter:
1101 (i) is registered to vote in the state;
1102 (ii) [the poll worker recorded in the official register that the voter] either failed to
1103 provide valid voter identification or evidence of citizenship or the documents provided as valid
1104 voter identification or evidence of citizenship were inadequate and the poll worker recorded
1105 that fact in the official register; and
1106 (iii) the county clerk verifies the voter's identity and residence through some other
1107 means.
1108 (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall review
1109 the affirmation on the face of each provisional ballot envelope and determine if the person
1110 signing the affirmation is a registered voter and legally entitled to vote the ballot that the voter

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- 37 - 1111 voted.
1112 (b) If the election officer determines that the person is not a registered voter or is not
1113 legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
1114 envelope, unopened, for the period specified in Section 20A-4-202 unless ordered by a court to
1115 produce or count it.
1116 (c) If the election officer determines that the person is a registered voter and is legally
1117 entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
1118 the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
1119 those ballots at the canvass.
1120 (d) The election officer may not count, or allow to be counted a provisional ballot
1121 unless:
1122 (i) the voter's identity and residence [is] are established by a preponderance of the
1123 evidence[.]; and
1124 (ii) if the voter was required to provide evidence of citizenship under the requirements
1125 of this title, the voter's citizenship is established by a preponderance of the evidence.
1126 (3) If the election officer determines that the person is a registered voter, the election
1127 officer shall ensure that the voter registration records are updated to reflect the information
1128 provided on the provisional ballot envelope.
1129 (4) If the election officer determines that the person is not a registered voter and the
1130 information on the provisional ballot envelope is complete, the election officer shall:
1131 (a) consider the provisional ballot envelope a voter registration form; and
1132 (b) register the voter."
1133 Section 17. Coordinating S.B. 69 with S.B. 40 -- Merging substantive and
1134 technical amendments.
1135 If this S.B. 69 and S.B. 40, Lawful Presence Verification for Issuance of a Driver
1136 License or Identification Card , both pass, it is the intent of the Legislature that the Office of
1137 Legislative Research and General Counsel in preparing the Utah Code database for publication:
1138 (1) modify Section 20A-2-104 to read:
1139 " 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
1140 (1) Every person applying to be registered shall complete a registration form printed in
1141 substantially the following form:

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- 38 - 1142 -----------------------------------------------------------------------------------------------------------------
1143 UTAH ELECTION REGISTRATION FORM
1144 Are you a citizen of the United States of America? Yes No
1145 Will you be at least 18 years old on or before election day? Yes No
1146 If you checked "no" to either of the above two questions, do not complete this form.
1147 Name of Voter
1148 _________________________________________________________________
1149 First Middle Last
1150 Driver License or Identification Card Number____________________________
1151 State of issuance of Driver License or Identification Card
1152 Date of Birth ______________________________________________________
1153 Street Address of Principal Place of Residence
1154 ____________________________________________________________________________
1155 City County State Zip Code
1156 Telephone Number (optional) ________________________________
1157 Last four digits of Social Security Number ______________________
1158 Last former address at which I was registered to vote (if known)_________________________
1159 ____________________________________________________________________________
1160 City County State Zip Code
1161 Political Party
1162 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
1163 the lieutenant governor under Section 67-1a-2 , with each party's name preceded by a checkbox)
1164 .Unaffiliated (no political party preference) .Other (Please specify)___________________
1165 I do swear (or affirm), subject to penalty of law for false statements, that the
1166 information contained in this form is true, and that I am a citizen of the United States and a
1167 resident of the state of Utah, residing at the above address. I will be at least 18 years old and
1168 will have resided in Utah for 30 days immediately before the next election. I am not a
1169 convicted felon currently incarcerated for commission of a felony.
1170 Signed and sworn
1171 __________________________________________________________
1172 Voter's Signature

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- 39 - 1173 _______________(month/day/year).
1174 CITIZENSHIP AFFIDAVIT
1175 Name:
1176 Name at birth, if different:
1177 Place of birth:
1178 Date of birth:
1179 Date and place of naturalization (if applicable):
1180 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1181 citizen and that to the best of my knowledge and belief the information above is true and
1182 correct.
1183 ____________________________
1184 Signature of Applicant
1185 In accordance with Section 20A-2-401 , the penalty for willfully causing, procuring, or
1186 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1187 up to one year in jail and a fine of up to $2,500.
1188 NOTICE: IF YOU ARE REGISTERING TO VOTE IN THIS STATE FOR THE FIRST
1189 TIME OR IF YOU ARE CHANGING YOUR VOTER REGISTRATION FROM ANOTHER
1190 STATE, YOU MUST EITHER INCLUDE A LEGIBLE COPY OF ONE OF THE
1191 FOLLOWING WITH YOUR APPLICATION OR SHOW ONE OF THE FOLLOWING AT
1192 THE TIME YOU VOTE AS EVIDENCE OF UNITED STATES CITIZENSHIP:
1193 (A) YOUR CURRENTLY VALID UTAH DRIVER LICENSE;
1194 (B) YOUR CURRENTLY VALID UTAH IDENTIFICATION CARD;
1195 (C) YOUR BIRTH CERTIFICATE;
1196 (D) YOUR UNITED STATES PASSPORT SHOWING YOUR NAME AND
1197 PASSPORT NUMBER;
1198 (E) YOUR UNITED STATES NATURALIZATION DOCUMENTS, AS
1199 PERMITTED BY FEDERAL LAW, SHOWING YOUR NAME AND THE NUMBER OF
1200 THE CERTIFICATE OF NATURALIZATION;
1201 (F) A DOCUMENT ESTABLISHED AS PROOF OF CITIZENSHIP UNDER THE
1202 IMMIGRATION REFORM AND CONTROL ACT OF 1968;
1203 (G) YOUR BUREAU OF INDIAN AFFAIRS CARD OR CERTIFICATION OF

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Senate 2nd Reading Amendments 3-9-2009 rd/crp 1204

INDIAN BLOOD;
1205 (H) YOUR TRIBAL ENROLLMENT CARD, TRIBAL ENROLLMENT
1206 DOCUMENTATION, TRIBAL ENROLLMENT NUMBER, OR OTHER
1207 DOCUMENTATION CERTIFYING THAT YOU ARE LISTED ON A TRIBAL
1208 ENROLLMENT LIST; S. [ OR ] .S
1209 (I) OTHER DOCUMENTATION ESTABLISHING THAT YOU ARE A MEMBER
1210 OF A FEDERALLY RECOGNIZED INDIAN TRIBE OR BAND, ALASKAN NATIVE
1211 VILLAGE, OR OTHER TRIBE RECOGNIZED BY FEDERAL LAW OR FORMALLY
1212 ACKNOWLEDGED BY A STATE S. [ . ] ; OR
1212a (J) AN OFFICIAL STATEMENT FROM THE FEDERAL SOCIAL SECURITY
1212b ADMINISTRATION INDICATING THAT YOU ARE A CITIZEN. .S
1213 IN ORDER TO BE ALLOWED TO VOTE IN A VOTING PRECINCT FOR THE FIRST
1214 TIME OR TO VOTE DURING THE EARLY VOTING PERIOD BEFORE THE DATE OF
1215 THE ELECTION, YOU MUST PRESENT VALID VOTER IDENTIFICATION TO THE
1216 POLL WORKER BEFORE VOTING AS FOLLOWS:
1217 (1) A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME,
1218 PHOTOGRAPH, AND CURRENT ADDRESS; OR
1219 (2) TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
1220 CURRENT ADDRESS.
1221 FOR OFFICIAL USE ONLY
1222 Type of I.D. ____________________________
1223 Voting Precinct _________________________
1224 Voting I.D. Number _____________________
1225 -------------------------------------------------------------------------------------------------------------------
1226 (2) The county clerk shall retain a copy in a permanent countywide alphabetical file,
1227 which may be electronic or some other recognized system.
1228 (3) (a) Each county clerk shall retain lists of currently registered voters.
1229 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
1230 (c) If there are any discrepancies between the two lists, the county clerk's list is the
1231 official list.
1232 (d) The lieutenant governor and the county clerks may charge the fees established
1233 under the authority of Subsection 63G-2-203 (10) to individuals who wish to obtain a copy of
1234 the list of registered voters.

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- 41 - 1235 (4) When political parties not listed on the voter registration form qualify as registered
1236 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
1237 lieutenant governor shall inform the county clerks about the name of the new political party
1238 and direct the county clerks to ensure that the voter registration form is modified to include that
1239 political party.
1240 (5) Upon receipt of a voter registration form from an applicant, the county clerk or the
1241 clerk's designee shall:
1242 (a) review each voter registration form for completeness and accuracy; and
1243 (b) if the county clerk believes, based upon a review of the form, that a person may be
1244 seeking to register to vote who is not legally entitled to register to vote, refer the form to the
1245 county attorney for investigation and possible prosecution." ; and
1246 (2) modify Section 20A-2-110 to read:
1247 " 20A-2-110. Review of voter registration applications -- Evidence of citizenship,
1248 age, and residence.
1249 (1) As used in this section, "tribe" means an Indian tribe or band or Alaskan Native
1250 Village which is recognized by federal law or formally acknowledged by a state.
1251 (2) Before registering an applicant to vote, the county clerk shall determine that each
1252 applicant:
1253 (a) has provided the required information on the voter registration form;
1254 (b) has signed the voter registration form;
1255 (c) has signed a statement certifying that the applicant will have resided in Utah for 30
1256 days immediately before the next election;
1257 (d) has provided birth date information showing that the applicant will be at least 18
1258 years old on the date of the election; and
1259 (e) has provided address information showing that the applicant is a resident of the
1260 county where the applicant has submitted the applicant's registration form.
1261 (3) (a) Subject to the requirements of Subsection (4), the county clerk shall determine
1262 whether each applicant has provided evidence of citizenship, which shall consist of
1263 presentation of one of the following, or a legible copy of one of the following:
1264 (i) the applicant's currently valid Utah driver license;
1265 (ii) the applicant's currently valid Utah identification card issued under Section

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Senate 2nd Reading Amendments 3-9-2009 rd/crp 1266

53-3-804 if the Utah identification card is:
1267 (A) issued on or after January 1, 2010; and
1268 (B) not a limited-term identification card;
1269 (iii) the applicant's birth certificate showing that the applicant was born in the United
1270 States;
1271 (iv) the applicant's United States passport showing the applicant's name and the
1272 passport number;
1273 (v) the applicant's United States naturalization documents showing that the applicant is
1274 a citizen of the United States;
1275 (vi) subject to the requirements of Subsection (5), the number of the applicant's
1276 certificate of naturalization;
1277 (vii) other documents or methods of proof of citizenship that are established by the
1278 Immigration Reform and Control Act of 1986, Pub. L. No. 99-603;
1279 (viii) the applicant's Bureau of Indian Affairs card or Bureau of Indian Affairs
1280 certification of Indian blood;
1281 (ix) the applicant's tribal enrollment card, tribal enrollment documentation, tribal
1282 enrollment number, or other documentation certifying that the applicant is listed on a tribal
1283 enrollment list; S. [ or ] .S
1284 (x) other documentation establishing that the applicant is a member of a tribe S. [ . ] ; or
1284a (xi) an official statement from the federal Social Security Administration indicating that
1284b the applicant is a citizen. .S
1285 (b) The county clerk may not accept a driving privilege card issued under Section
1286 53-3-207 as valid identification for evidence of citizenship.
1287 (c) If the applicant has not provided evidence of citizenship, the county clerk shall
1288 register the applicant to vote, but shall make a notation in the official register that the applicant
1289 is required to present evidence of citizenship at the time of voting.
1290 (4) Any person who is registered to vote in this state as of May 12, 2009, shall not be
1291 required to provide evidence of citizenship under Subsection (3), unless that person is changing
1292 the person's voter registration from another state to this state.
1293 (5) If an applicant provides the number of the applicant's certificate of naturalization as
1294 evidence of citizenship under Subsection (3)(a)(vi), the county clerk may not register the
1295 applicant to vote until the county clerk is able to verify the number of the certificate with the
1296 United States Citizenship and Immigration Services.

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- 43 - 1297 (6) A tribe may provide lists or other documentation to assist the county clerk in
1298 meeting the county clerk's obligations under this section."