First Substitute S.B. 90

Senator Todd Weiler proposes the following substitute bill:

1 RESIDENCY AMENDMENTS
2 2014 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Todd Weiler
5 House Sponsor: Craig Hall
6
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:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-2-105 , as last amended by Laws of Utah 2011, Chapter 297
23
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.
32 [(1) Except as provided in Subsection (4), election]
33 (2) Election officials and judges shall apply the standards and requirements of this
34 section when determining whether [or not] a person is a resident for purposes of interpreting
35 this title or the Utah Constitution.
36 [(2) A "resident" is a person who resides within a specific voting precinct in Utah as
37 provided in this section.]
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 [continue residency within] maintain the
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 [person has the] person's principal place of residence is in that voting precinct.
44 [(4) (a) The principal place of residence of any person shall be determined by applying
45 the provisions of this Subsection (4).]
46 [(b) A person's "principal place of residence" is that place in which the person's
47 habitation is fixed and to which, whenever the person is absent, the person has the intention of
48 returning.]
49 (c) A [person has not gained or lost a residence] person's principal place of residence
50 does not change solely because the person is present in Utah [or], present in a voting precinct
51 [or], absent from Utah, or absent from the person's voting precinct because the person is:
52 (i) employed in the service of the United States or of Utah;
53 (ii) a student at [any] an institution of learning;
54 (iii) incarcerated in prison or jail; or
55 (iv) residing upon [any] an Indian or military reservation.
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 [any] a military facility within Utah.
58 (ii) In order to be a resident of Utah, [that] a member of the armed forces described in
59 this Subsection (3)(d) shall meet the other requirements of this section.
60 (e) (i) Except as provided in Subsection [(4)] (3)(e)(ii) or (iii), a person has not lost the
61 person's principal place of residence in Utah or a precinct if that person [leaves the person's
62 home to go into] moves to a foreign country [or into], another state, or [into] another voting
63 precinct within Utah, for temporary purposes with the intention of returning.
64 [(ii) If that person has voted in that other state or voting precinct, the person is a
65 resident of that other state or voting precinct.]
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
71 residence.
72 (f) A person is not a resident of [any] a county or voting precinct if that person comes
73 for temporary purposes and does not intend to make that county or voting precinct the person's
74 [home] principal place of residence.
75 (g) [If a person removes] A person loses the person's principal place of residence in
76 Utah or in a precinct if the person moves to another state or precinct with the intention of
77 making [it] the other state or precinct the person's principal place of residence[, the person
78 loses the person's residence in Utah].
79 (h) If a person moves to another state or precinct with the intent of remaining there for
80 an indefinite time as [a place of permanent] the person's principal place of residence, the person
81 loses the person's residence in Utah, or in the precinct, even though the person intends to return
82 at some future time.
83 [(i) (i) Except as provided in Subsection (4)(i)(ii), the place]
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 [a] the person's family resides [is presumed to be the person's place of

88 residence.];
89 [(ii) A person may rebut the presumption established in Subsection (4)(i)(i) by proving
90 the person's intent to remain at a place other than where the person's family resides.]
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.
99 [(j) (i)] (5) (a) A person has changed the person's principal place of residence if the
100 person:
101 [(A) the person has acted affirmatively to move from one geographic location; and]
102 [(B) the person has an]
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 [place] state or precinct.
105 [(ii) There can only be one residence.]
106 [(iii) A residence cannot be lost until another is gained.]
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.
110 [(5)] (6) In computing the period [of residence] that a person is a resident, a person
111 shall:
112 (a) include the day on which the [person's residence begins] person establishes the
113 person's principal place of residence; and
114 (b) exclude the day of the next election.
115 [(6)] (7) (a) There is a rebuttable presumption that a [person is a resident of] person's
116 principal place of residence is in Utah and [of a] in the voting precinct [and intends to remain
117 in Utah permanently or indefinitely] claimed by the person if the person makes an oath or
118 affirmation upon a registration application form that the person's [residence address and place

119 of residence is within a specific voting precinct in Utah] principal place of residence is in Utah
120 and in the voting precinct claimed by the person.
121 (b) The election officers and election officials shall allow [that] a person described in
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:
124 [(i) the person does not intend to remain permanently or indefinitely in Utah; or]
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
128 precinct.
129 [(7)] (8) (a) The [rules set forth] criteria described in this section for [determining]
130 establishing a person's principal place of residence for voting purposes do not apply [to a
131 person] in relation to the person's location while the person is incarcerated in prison or jail.
132 (b) For voting registration purposes, the principal place of residence of a person
133 incarcerated in prison or jail is [considered to reside in] the state and voting precinct [in which]
134 where the person's principal place of residence was located before incarceration.
135 [(8)] (9) If a person's principal place of residence is a residential parcel of one acre in
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.