Fifth Substitute H.B. 204

Senator Aaron Osmond proposes the following substitute bill:

1 ELECTION AMENDMENTS
2 2013 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Steve Eliason
5 Senate Sponsor: Aaron Osmond
6
7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to elections.
10 Highlighted Provisions:
11 This bill:
12 . clarifies how to cast a valid absentee ballot;
13 . changes the date by which a voter is required to file an application for an absentee
14 ballot; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 This bill coordinates with H.B. 53, Election Law Amendments, by providing
20 substantive amendments.
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-3-301, as last amended by Laws of Utah 2004, Chapter 195
24 20A-3-304, as last amended by Laws of Utah 2011, Chapter 17
25 20A-3-306, as last amended by Laws of Utah 2012, Chapter 309

26 20A-3-702, as enacted by Laws of Utah 2011, Chapter 291
27 20A-16-302, as enacted by Laws of Utah 2011, Chapter 327
28 20A-16-401, as enacted by Laws of Utah 2011, Chapter 327
29 20A-16-402, as enacted by Laws of Utah 2011, Chapter 327
30 Utah Code Sections Affected by Coordination Clause:
31 20A-3-306, as last amended by Laws of Utah 2012, Chapter 309
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 20A-3-301 is amended to read:
35 20A-3-301. Voting by absentee ballot.
36 (1) Any person who is registered to vote may vote by absentee ballot.
37 (2) [A] Except as provided in Section 20A-3-702 , a registered voter may not vote in
38 person if the voter voted by absentee ballot.
39 Section 2. Section 20A-3-304 is amended to read:
40 20A-3-304. Application for absentee ballot -- Time for filing and voting.
41 (1) Any registered voter who wishes to vote an absentee ballot may either:
42 (a) file an absentee ballot application:
43 (i) on the electronic system maintained by the lieutenant governor under Section
44 20A-2-206 ; or
45 (ii) with the appropriate election officer for an official absentee ballot as provided in
46 this section; or
47 (b) vote in person at the office of the appropriate election officer as provided in Section
48 20A-3-306 .
49 (2) (a) Except as provided in Subsection (2)(b), the lieutenant governor or election
50 officer shall prepare an application form for absentee ballot applications in substantially the
51 following form:
52 "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
53 apply for an official absentee ballot to be voted by me at the election.
54 Date ________ (month\day\year) Signed ___________________________
55 Voter"
56 (b) The lieutenant governor or election officer shall prepare blank applications for

57 absentee ballot applications for regular primary elections and for the Western States
58 Presidential Primary in substantially the following form:
59 "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
60 apply for an official absentee ballot for the _______________ political party to be voted by me
61 at the primary election.
62 I understand that I must be affiliated with or authorized to vote the political party's
63 ballot that I request.
64 Dated _________ (month\day\year) ____ Signed ___________________________
65 Voter"
66 (c) If requested by the applicant, the election officer shall:
67 (i) mail or fax the application blank to the absentee voter; or
68 (ii) deliver the application blank to any voter who personally applies for it at the office
69 of the election officer.
70 (3) (a) Except as provided in Subsection (3)(b) or Subsection 20A-3-306 (2)(a), a voter
71 who wishes to vote by absentee ballot shall file the application for an absentee ballot with the
72 lieutenant governor or appropriate election officer no later than the [Friday] Thursday before
73 election day.
74 (b) Overseas applicants shall file their applications with the appropriate election officer
75 no later than 20 days before election day.
76 (4) (a) A county clerk may establish a permanent absentee voter list.
77 (b) The clerk shall place on the list the name of any person who:
78 (i) requests permanent absentee voter status; and
79 (ii) meets the requirements of this section.
80 (c) (i) Each year, the clerk shall mail a questionnaire to each person whose name is on
81 the absentee voter list.
82 (ii) The questionnaire shall allow the absentee person to verify the voter's residence.
83 (iii) The clerk may remove the names of any voter from the absentee voter registration
84 list if:
85 (A) the voter is no longer listed in the official register; or
86 (B) the voter fails to verify the voter's residence and absentee status.
87 (d) The clerk shall provide a copy of the permanent absentee voter list to election

88 officers for use in elections.
89 Section 3. Section 20A-3-306 is amended to read:
90 20A-3-306. Voting ballot -- Returning ballot.
91 (1) (a) To vote a mail-in absentee ballot, the absentee voter shall:
92 (i) complete and sign the affidavit on the envelope;
93 (ii) mark the votes on the absentee ballot;
94 (iii) place the voted absentee ballot in the envelope;
95 (iv) securely seal the envelope; and
96 (v) attach postage, unless voting in accordance with Section 20A-3-302 , and deposit
97 the envelope in the mail or deliver it in person to the election officer from whom the ballot was
98 obtained.
99 (b) To vote an absentee ballot in person at the office of the election officer, the absent
100 voter shall:
101 (i) complete and sign the affidavit on the envelope;
102 (ii) mark the votes on the absent-voter ballot;
103 (iii) place the voted absent-voter ballot in the envelope;
104 (iv) securely seal the envelope; and
105 (v) give the ballot and envelope to the election officer.
106 (2) An absentee ballot is not valid unless:
107 (a) in the case of an absentee ballot that is voted in person, [it is] the ballot is:
108 (i) applied for and cast in person at the office of the appropriate election officer no later
109 than the [Friday] Thursday before election day; or
110 (ii) submitted at a polling location in the political subdivision where the absentee voter
111 resides;
112 (b) in the case of an absentee ballot that is returned by mail, the ballot is:
113 (i) clearly postmarked before election day; and
114 (ii) received in the office of the election officer before noon on the day of the official
115 canvass following the election; or
116 [(b)] (c) in the case of a military-overseas ballot, the ballot is submitted in accordance
117 with Section 20A-16-404 .
118 (3) An absentee voter may submit a completed absentee ballot at a polling location in a

119 political subdivision holding the election, if the absentee voter resides in the political
120 subdivision.
121 (4) An absentee voter may submit an incomplete absentee ballot at a polling location
122 for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
123 vote in person.
124 Section 4. Section 20A-3-702 is amended to read:
125 20A-3-702. Election day voting center -- Hours of operation -- Compliance with
126 Election Code.
127 (1) An election officer may operate an election day voting center in one or more
128 locations designated under Section 20A-3-703 .
129 (2) An election officer shall provide for voting at an election day voting center by:
130 (a) regular ballot if:
131 (i) the election day voting center is designated under Section 20A-5-403 as the polling
132 place for the voting precinct in which the voter resides; and
133 (ii) the voter is eligible to vote using a regular ballot in accordance with this title;
134 (b) voting center ballot if:
135 (i) the election day voting center is not designated under Section 20A-5-403 as the
136 polling place for the voting precinct in which the voter resides;
137 (ii) the voter resides within the political subdivision holding the election; and
138 (iii) the voter is otherwise eligible to vote using a regular ballot in accordance with this
139 title; or
140 (c) provisional ballot if the voter is only eligible to vote using a provisional ballot in
141 accordance with this title.
142 (3) An election officer shall ensure that an election day voting center:
143 (a) is open on election day during the time period specified under Section 20A-1-302 ;
144 (b) allows an eligible voter to vote if the voter:
145 (i) resides within the political subdivision holding an election; and
146 (ii) arrives at the election day voting center by the designated closing time in
147 accordance with Section 20A-1-302 ; and
148 (c) is administered according to the requirements of this title.
149 (4) A person may submit a completed absentee ballot at an election day voting center

150 for the political subdivision in which the person resides.
151 (5) A person may submit an incomplete absentee ballot at an election day voting center
152 for the political subdivision in which the person resides, request that the ballot be declared
153 spoiled, and vote in person.
154 Section 5. Section 20A-16-302 is amended to read:
155 20A-16-302. Methods of registering to vote.
156 (1) To apply to register to vote, in addition to any other approved method, a covered
157 voter may use a federal postcard application or the application's electronic equivalent.
158 (2) (a) A covered voter may use the declaration accompanying a federal write-in
159 absentee ballot to apply to register to vote simultaneously with the submission of the federal
160 write-in absentee ballot, if the declaration is received by the [Friday] Thursday immediately
161 before the election.
162 (b) If the declaration is received after the [Friday] Thursday immediately before the
163 election, the declaration shall be treated as an application to register to vote for subsequent
164 elections.
165 (3) (a) The lieutenant governor shall ensure that the electronic transmission system
166 described in Subsection 20A-16-201 (3) is capable of accepting both a federal postcard
167 application and any other approved electronic registration application sent to the appropriate
168 election official.
169 (b) The voter may use the electronic transmission system or any other approved
170 method to register to vote.
171 Section 6. Section 20A-16-401 is amended to read:
172 20A-16-401. Methods of applying for military-overseas ballots.
173 (1) A covered voter who is registered to vote in the state may apply for a
174 military-overseas ballot using:
175 (a) an absentee ballot application under Section 20A-3-304 ; or
176 (b) (i) the federal postcard application; or
177 (ii) the federal postcard application's electronic equivalent.
178 (2) A covered voter who is not registered to vote in this state may use a federal
179 postcard application or the federal postcard application's electronic equivalent to apply
180 simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.

181 (3) (a) The lieutenant governor shall ensure that the electronic transmission system
182 described in Subsection 20A-16-201 (3) is capable of accepting the submission of both a federal
183 postcard application and any other approved electronic military-overseas ballot application sent
184 to the appropriate election official.
185 (b) The voter may use the electronic transmission system or any other approved
186 method to apply for a military-overseas ballot.
187 (4) A covered voter may use the declaration accompanying a federal write-in absentee
188 ballot as an application for a military-overseas ballot simultaneously with the submission of the
189 federal write-in absentee ballot, if the declaration is received by the appropriate election official
190 by the [Friday] Thursday immediately before the election.
191 (5) To receive the benefits of this chapter, a covered voter shall inform the appropriate
192 election official that the voter is a covered voter by:
193 (a) the use of a federal postcard application or federal write-in absentee ballot;
194 (b) the use of an overseas address on an approved voter registration application or
195 ballot application; or
196 (c) the inclusion on an approved voter registration application or ballot application of
197 other information sufficient to identify the voter as a covered voter.
198 (6) This chapter does not preclude a covered voter from voting under Chapter 3, Part 3,
199 Absentee Voting.
200 Section 7. Section 20A-16-402 is amended to read:
201 20A-16-402. Timeliness and scope of application for military-overseas ballot.
202 (1) An application for a military-overseas ballot is timely if received by the [Friday]
203 Thursday immediately before the election.
204 (2) An application for a military-overseas ballot for a regular primary election or
205 municipal primary election, whether or not timely, is effective as an application for a
206 military-overseas ballot for the regular general election or municipal general election.
207 Section 8. Coordinating H.B. 204 with H.B. 53 -- Substantive amendments.
208 If this H.B. 204 and H.B. 53, Election Law Amendments, both pass and become law, it
209 is the intent of the Legislature that the Office of Legislative Research and General Counsel, in
210 preparing the Utah Code database for publication, modify Subsection 20A-3-306 (2) to read as
211 follows:

212 "(2) An absentee ballot is not valid unless:
213 (a) in the case of an absentee ballot that is voted in person, [it is] the ballot is:
214 (i) applied for and cast in person at the office of the appropriate election officer no later
215 than the [Friday] Thursday before election day; or
216 (ii) submitted on election day at a polling location in the political subdivision where
217 the absentee voter resides;
218 (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
219 (i) clearly postmarked before election day; and
220 (ii) received in the office of the election officer before noon on the day of the official
221 canvass following the election; or
222 [(b)] (c) in the case of a military-overseas ballot, the ballot is submitted in accordance
223 with Section 20A-16-404.".

[Bill Documents]