First Substitute S.B. 90
7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code relating to residency.
10 Highlighted Provisions:
11 This bill:
12 . defines terms;
13 . modifies and clarifies provisions relating to determining residency for voting and
14 other purposes; and
15 . makes technical changes.
16 Money Appropriated in this Bill:
18 Other Special Clauses:
20 Utah Code Sections Affected:
22 20A-2-105 , as last amended by Laws of Utah 2011, Chapter 297
24 Be it enacted by the Legislature of the state of Utah:
25 Section 1. Section 20A-2-105 is amended to read:
26 20A-2-105. Determining residency.
27 (1) As used in this section:
28 (a) "Principal place of residence" means the single location where a person's habitation
29 is fixed and to which, whenever the person is absent, the person has the intention of returning.
30 (b) "Resident" means a person whose principal place of residence is within a specific
31 voting precinct in Utah.
33 (2) Election officials and judges shall apply the standards and requirements of this
34 section when determining whether [
35 this title or the Utah Constitution.
38 (3) (a) A person resides in Utah if:
39 (i) the person's principal place of residence is within Utah; and
40 (ii) the person has a present intention to [
41 person's principal place of residence in Utah permanently or indefinitely.
42 (b) A person resides within a particular voting precinct if, as of the date of registering
43 to vote, the [
49 (c) A [
50 does not change solely because the person is present in Utah [
52 (i) employed in the service of the United States or of Utah;
53 (ii) a student at [
54 (iii) incarcerated in prison or jail; or
55 (iv) residing upon [
56 (d) (i) A member of the armed forces of the United States is not a resident of Utah
57 merely because that member is stationed at [
58 (ii) In order to be a resident of Utah, [
59 this Subsection (3)(d) shall meet the other requirements of this section.
60 (e) (i) Except as provided in Subsection [
61 person's principal place of residence in Utah or a precinct if that person [
63 precinct within Utah, for temporary purposes with the intention of returning.
66 (ii) If a person leaves the state or a voting precinct and votes in another state or voting
67 precinct, the person is no longer a resident of the state or voting precinct that the person left.
68 (iii) A person loses the person's principal place of residence in Utah or in a precinct, if,
69 after the person moves to another state or another precinct under Subsection (3)(e)(i), the
70 person forms the intent of making the other state or precinct the person's principal place of
72 (f) A person is not a resident of [
73 for temporary purposes and does not intend to make that county or voting precinct the person's
75 (g) [
76 Utah or in a precinct if the person moves to another state or precinct with the intention of
77 making [
79 (h) If a person moves to another state or precinct with the intent of remaining there for
80 an indefinite time as [
81 loses the person's residence in Utah, or in the precinct, even though the person intends to return
82 at some future time.
84 (4) An election official or judge shall, in determining a person's principal place of
85 residence, consider the following factors, to the extent that the election official or judge
86 determines the factors to be relevant:
87 (a) where [
91 (b) whether the person is single, married, separated, or divorced;
92 (c) the age of the person;
93 (d) where the person usually sleeps;
94 (e) where the person's minor children attend school;
95 (f) the location of the person's employment, income sources, or business pursuits;
96 (g) the location of real property owned by the person;
97 (h) the person's residence for purposes of taxation or tax exemption; and
98 (i) other relevant factors.
103 (i) acts affirmatively to remove from the state or a precinct in the state; and
104 (ii) has the intent to remain in another [
107 (b) A person may not have more than one principal place of residence.
108 (c) A person does not lose the person's principal place of residence until the person
109 establishes another principal place of residence.
112 (a) include the day on which the [
113 person's principal place of residence; and
114 (b) exclude the day of the next election.
116 principal place of residence is in Utah and [
118 affirmation upon a registration application form that the person's [
120 and in the voting precinct claimed by the person.
121 (b) The election officers and election officials shall allow [
122 Subsection (7)(a) to register and vote unless, upon a challenge by a registrar or some other
123 person, it is shown by law or by clear and convincing evidence that:
125 (i) the person's principal place of residence is not in Utah; or
126 (ii) the person is incarcerated in prison or jail and did not, before the person was
127 incarcerated in prison or jail, establish the person's principal place of residence in the voting
130 establishing a person's principal place of residence for voting purposes do not apply [
132 (b) For voting registration purposes, the principal place of residence of a person
133 incarcerated in prison or jail is [
134 where the person's principal place of residence was located before incarceration.
136 size or smaller that is divided by the boundary line between two or more counties, that person
137 shall be considered a resident of the county in which a majority of the residential parcel lies.
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