First Substitute H.B. 253

Representative Kraig Powell proposes the following substitute bill:

1 VOTER REGISTRATION AMENDMENTS
2 2012 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kraig Powell
5 Senate Sponsor: Peter C. Knudson
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions in Title 20A, Election Code, relating to voter registration.
10 Highlighted Provisions:
11 This bill:
12 . requires the removal of a voter from the official register:
13 . upon notification that a voter has subsequently registered to vote in another
14 state; and
15 . upon notice of a criminal conviction that prohibits a person from voting;
16 . requires the county clerk to send a notice to a voter who fails to vote in two
17 consecutive regular general elections; and
18 . makes technical changes.
19 Money Appropriated in this Bill:
20 None
21 Other Special Clauses:
22 None
23 Utah Code Sections Affected:
24 AMENDS:
25 20A-2-304.5, as enacted by Laws of Utah 2010, Chapter 304

26 20A-2-305, as last amended by Laws of Utah 1997, Chapter 183
27
28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 20A-2-304.5 is amended to read:
30 20A-2-304.5. County clerk's responsibilities -- Updating voter registration.
31 (1) A county clerk who receives notification from the lieutenant governor, as provided
32 in Subsection 20A-2-109 (1), of a change in a registered voter's principal place of residence or
33 name may verify the change with the registered voter.
34 (2) Unless the county clerk verifies that a change described in Subsection (1) is
35 incorrect, the county clerk shall:
36 (a) change the voter registration record to show the registered voter's current name and
37 address; and
38 (b) notify the registered voter of the change to the voter registration record.
39 (3) (a) If a voter does not vote in any election during the period beginning on the date
40 of any regular general election and ending on the day after the date of the next regular general
41 election, the county clerk shall send to the voter a preaddressed return form in substantially the
42 following form:
43 "VOTER REGISTRATION ADDRESS"
44 To ensure the address on your voter registration is correct, please complete and return
45 this form if your address has changed. What is your current street address?
46 ____________________________________________________________________________
47 Street City County State ZIP
48 ___________________________
49 Signature of Voter
50 (b) The county clerk shall mail the form described in Subsection (3)(b) with a postal
51 service that will notify the county clerk if the voter has changed the voter's address.
52 Section 2. Section 20A-2-305 is amended to read:
53 20A-2-305. Removing names from the official register -- General requirements.
54 (1) The county clerk may not remove a voter's name from the official register because
55 the voter has failed to vote in an election.
56 (2) The county clerk [may] shall remove a voter's name from the official register [only]

57 [when] if:
58 (a) the voter dies and the requirements of Subsection (3) are met;
59 (b) the county clerk, after complying with the requirements of Section 20A-2-306 ,
60 receives written confirmation from the voter that the voter no longer resides within the county
61 clerk's county;
62 (c ) the county clerk has:
63 (i) obtained evidence that the voter's residence has changed[, has];
64 (ii) mailed notice to the voter as required by Section 20A-2-306 [and];
65 (iii) received no response from the voter[,]; and
66 (iv) the voter has failed to vote or appear to vote in [either of the next two] an election
67 during the period beginning on the date of the notice and ending on the day after the date of the
68 second regular general [elections following] election occurring after the date of the notice;
69 (d) the voter requests, in writing, that [his] the voter's name be removed from the
70 official register; [or]
71 (e) the county clerk receives a returned voter identification card, determines that there
72 was no clerical error causing the card to be returned, and has no further information to contact
73 the voter[.];
74 (f) the county clerk receives notice that a voter has been convicted of any felony or a
75 misdemeanor for an offense under this title and the voter's right to vote has not been restored as
76 provided in Section 20A-2-101.3 or 20A-2-101.5 ; or
77 (g) the county clerk receives notice that a voter has registered to vote in another state
78 after the day on which the voter registered to vote in this state.
79 (3) The county clerk [may] shall remove a voter's name from the registration list upon
80 the annual receipt of a listing of all deceased residents from the Department of Health's Bureau
81 of Vital Records.