Representative Brad M. Daw proposes the following substitute bill:


1     
MODIFICATIONS TO VOTING LAW

2     
2015 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Fred C. Cox

5     
Senate Sponsor: Gene Davis

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to absentee ballots and voter registration.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes that a voter's absentee status does not expire, unless the voter designates
13     otherwise;
14          ▸     describes the action that a county clerk is required to take if an individual does not
15     designate a party affiliation on a voter registration form;
16          ▸     modifies a voter registration deadline; and
17          ▸     makes technical changes.
18     Money Appropriated in this Bill:
19          None
20     Other Special Clauses:
21          None
22     Utah Code Sections Affected:
23     AMENDS:
24          20A-2-107, as last amended by Laws of Utah 2008, Chapter 329
25          20A-2-201, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended

26     by Coordination Clause, Laws of Utah 2014, Chapter 231
27          20A-3-304, as last amended by Laws of Utah 2013, Chapters 198, 218 and last
28     amended by Coordination Clause, Laws of Utah 2013, Chapter 198
29          20A-4-108, as enacted by Laws of Utah 2014, Chapter 231 and last amended by
30     Coordination Clause, Laws of Utah 2014, Chapter 231
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 20A-2-107 is amended to read:
34          20A-2-107. Designating or changing party affiliation -- Times permitted.
35          (1) The county clerk shall:
36          (a) record the party affiliation designated by the voter on the voter registration form as
37     the voter's party affiliation; or
38          (b) if no political party affiliation is designated by the voter on the voter registration
39     form[,]:
40          (i) except as provided in Subsection (1)(b)(ii), record the voter's party affiliation as the
41     party that the voter designated the last time that the voter designated a party on a voter
42     registration form, unless the voter more recently registered as "unaffiliated"; or
43          (ii) record the voter's party affiliation as "unaffiliated[.]" if the voter:
44          (A) did not previously designate a party;
45          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
46          (C) did not previously register.
47          (2) (a) Any registered voter may designate or change the voter's political party
48     affiliation by complying with the procedures and requirements of this Subsection (2).
49          (b) A registered voter may designate or change the voter's political party affiliation by
50     filing a signed form with the county clerk that identifies the registered political party with
51     which the voter chooses to affiliate, during any period except the following:
52          (i) the period beginning on the day after the voter registration deadline and continuing
53     through the date of the regular primary election; and
54          (ii) the period beginning on the day after the voter registration deadline and continuing
55     through the date of the Western States Presidential Primary.
56          Section 2. Section 20A-2-201 is amended to read:

57          20A-2-201. Registering to vote at office of county clerk.
58          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
59     individual who registers in person at the county clerk's office during designated office hours if
60     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
61     the county in accordance with Section 20A-2-101.
62          (2) If an individual submits a registration form in person at the office of the county
63     clerk during the period beginning on the date after the voter registration deadline and ending on
64     the date that is 15 calendar days before the date of the election, the county clerk shall:
65          (a) accept a registration form from each individual who submits a registration form in
66     person at the clerk's office during designated office hours if the individual, on the date of the
67     election, will be legally qualified and entitled to vote in a voting precinct in the county; and
68          (b) inform the individual that the individual will be registered to vote in the pending
69     election.
70          (3) If an individual who will be legally qualified and entitled to vote in a voting
71     precinct in the county on the date of an election appears in person, during designated office
72     hours, and submits a registration form on the date of the election or during the 14 calendar days
73     before an election, the county clerk shall:
74          (a) accept the registration form; and
75          (b) (i) if it is [more than] seven or more calendar days before the date of an election:
76          (A) inform the individual that the individual is registered to vote in the pending
77     election; and
78          (B) for the pending election, the individual must vote on the day of the election and is
79     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
80     individual registered too late; or
81          (ii) except as provided in Subsection 20A-4-108(5), if it is on the date of an election or
82     during the [seven] six calendar days before an election, inform the individual that the
83     individual will be registered to vote but may not vote in the pending election because the
84     individual registered too late.
85          Section 3. Section 20A-3-304 is amended to read:
86          20A-3-304. Application for absentee ballot -- Time for filing and voting.
87          (1) (a) Any registered voter who wishes to vote an absentee ballot may either:

88          (i) file an absentee ballot application:
89          (A) on the electronic system maintained by the lieutenant governor under Section
90     20A-2-206; or
91          (B) with the appropriate election officer for an official absentee ballot as provided in
92     this section; or
93          (ii) vote in person at the office of the appropriate election officer as provided in Section
94     20A-3-306.
95          (b) A person that collects a completed absentee ballot application from a registered
96     voter shall file the completed absentee ballot application with the appropriate election official
97     before the earlier of:
98          (i) 14 days after the day on which the registered voter signed the absentee ballot form;
99     or
100          (ii) the Thursday before the next election.
101          (2) As it relates to an absentee ballot application to be filled out entirely by the voter:
102          (a) except as provided in Subsection (2)(b), the lieutenant governor or election officer
103     shall approve an application form for absentee ballot applications:
104          (i) in substantially the following form:
105          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
106     apply for an official absentee ballot to be voted by me at the election.
107          Date ________ (month\day\year) Signed ___________________________
108                                             Voter"; and
109          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
110     status:
111          (A) until the voter requests otherwise at a future date; or
112          (B) until a date specified by the voter in the application form; and
113          (b) the lieutenant governor or election officer shall approve an application form for
114     regular primary elections and for the Western States Presidential Primary:
115          (i) in substantially the following form:
116          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
117     apply for an official absentee ballot for the _______________ political party to be voted by me
118     at the primary election.

119          I understand that I must be affiliated with or authorized to vote the political party's
120     ballot that I request.
121          Dated _________ (month\day\year) ____ Signed ___________________________
122                                                  Voter"; and
123          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
124     status:
125          (A) until the voter requests otherwise at a future date; or
126          (B) until a date specified by the voter in the application form.
127          [(c)] (3) If requested by the applicant, the election officer shall:
128          [(i)] (a) mail or fax the application form to the absentee voter; or
129          [(ii)] (b) deliver the application form to any voter who personally applies for it at the
130     office of the election officer.
131          [(3)] (4) As it relates to an absentee ballot application to be filled out for, and finished
132     and signed by, a voter:
133          (a) except as provided in Subsection [(3)] (4)(b), the lieutenant governor or election
134     officer shall approve an application form for absentee ballot applications:
135          (i) in substantially the following form:
136          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
137     apply for an official absentee ballot to be voted by me at the election.
138          I understand that a person that collects this absentee ballot application is required to file
139     it with the appropriate election official before the earlier of fourteen days after the day on
140     which I sign the application or the Thursday before the next election.
141          This form is provided by (insert name of person or organization).
142          I have verified that the information on this application is correct.
143          I understand that I will receive a ballot at the following address: (insert address and an
144     adjacent check box);
145          OR
146          I request that the ballot be mailed to the following address: (insert blank space for an
147     address and an adjacent check box).
148          Date ________ (month\day\year) Signed ___________________________
149          Voter"; and

150          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
151     status:
152          (A) until the voter requests otherwise at a future date; or
153          (B) until a date specified by the voter in the application form; and
154          (b) the lieutenant governor or election officer shall approve an application form for
155     regular primary elections and for the Western States Presidential Primary:
156          (i) in substantially the following form:
157          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
158     apply for an official absentee ballot for the _______________ political party to be voted by me
159     at the primary election.
160          I understand that I must be affiliated with or authorized to vote the political party's
161     ballot that I request. I understand that a person that collects this absentee ballot application is
162     required to file it with the appropriate election official before the earlier of fourteen days after
163     the day on which I sign the application or the Thursday before the next primary election.
164          This form is provided by (insert name of person or organization).
165          I have verified that the information on this application is correct.
166          I understand that I will receive a ballot at the following address: (insert address and an
167     adjacent check box);
168          OR
169          I request that the ballot be mailed to the following address: (insert blank space for an
170     address and an adjacent check box).
171          Dated _________ (month\day\year) ____ Signed ___________________________
172          Voter"; and
173          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
174     status:
175          (A) until the voter requests otherwise at a future date; or
176          (B) until a date specified by the voter in the application form.
177          [(4)] (5) The forms described in Subsections (2) and [(3)] (4) shall contain instructions
178     on how a voter may cancel an absentee ballot application.
179          [(5)] (6) Except as provided in Subsection 20A-3-306(2)(a), a voter who wishes to vote
180     by absentee ballot shall file the application for an absentee ballot with the lieutenant governor

181     or appropriate election officer no later than the Thursday before election day.
182          [(6)] (7) (a) A county clerk [may] shall establish [a permanent] an absentee voter list[.
183     (b) The clerk shall place on the list] containing the name of [any person] each voter who:
184          (i) requests [permanent] absentee voter status; and
185          (ii) meets the requirements of this section.
186          (b) A county clerk may not remove a voter's name from the list described in Subsection
187     (7)(a) unless:
188          (i) the voter is no longer listed in the official register;
189          (ii) the voter cancels the voter's absentee status; or
190          (iii) the voter's name is removed on the date specified by the voter on the absentee
191     ballot application form.
192          (c) (i) Each year, the clerk shall mail a questionnaire to each [person] voter whose
193     name is on the absentee voter list.
194          (ii) The questionnaire shall allow the [absentee person to] voter to:
195          (A) verify the voter's residence[.]; or
196          (B) cancel the voter's absentee status.
197          [(iii) The clerk may remove the names of any voter from the absentee voter registration
198     list if:]
199          [(A) the voter is no longer listed in the official register; or]
200          [(B) the voter fails to verify the voter's residence and absentee status.]
201          (d) The clerk shall provide a copy of the [permanent] absentee voter list to election
202     officers for use in elections.
203          Section 4. Section 20A-4-108 is amended to read:
204          20A-4-108. Election day voter registration pilot project.
205          (1) There is created, beginning on June 1, 2014, and ending on January 1, 2017, an
206     election day voter registration pilot project, as described in this section.
207          (2) A county may participate in the pilot project if the county clerk submits to the
208     lieutenant governor a written application to participate in the pilot project that contains:
209          (a) the name of the county;
210          (b) a request that the county be permitted to participate in the pilot project;
211          (c) an estimate of the extent to which election day voter registration may increase voter

212     participation; and
213          (d) any other reasons that the county desires to participate in the project.
214          (3) A municipality may participate in the pilot project for a municipal election if the
215     municipal clerk submits to the lieutenant governor a written application to participate in the
216     pilot project that contains:
217          (a) the name of the municipality;
218          (b) a request that the municipality be permitted to participate in the pilot project;
219          (c) an estimate of the extent to which election day voter registration may increase voter
220     participation; and
221          (d) any other reasons that the municipality desires to participate in the project.
222          (4) Within 10 business days after the day on which the lieutenant governor receives an
223     application described in Subsection (2) or (3), the lieutenant governor shall approve the
224     application if:
225          (a) the application complies with the requirements described in Subsection (2) or (3),
226     as applicable; and
227          (b) the lieutenant governor determines, based on the information contained in the
228     application, that implementing the pilot project in the county or municipality:
229          (i) will yield valuable information to determine whether election day voter registration
230     should be implemented on a permanent, statewide basis; and
231          (ii) will not adversely affect the rights of voters or candidates.
232          (5) For a county or municipality that is approved by the lieutenant governor to
233     participate in the pilot project, if, under Subsection 20A-2-201(3)(b)(ii), a registration form is
234     submitted to the county clerk on the date of the election or during the [seven] six calendar days
235     before an election, the county clerk shall:
236          (a) if the person desires to vote in the pending election, inform the person that the
237     person must, on election day, register to vote by casting a provisional ballot in accordance with
238     Subsection (10); or
239          (b) if the person does not desire to vote in the pending election:
240          (i) accept a registration form from the person if, on the date of the election, the person
241     will be legally qualified and entitled to vote in a voting precinct in the county or municipality;
242     and

243          (ii) inform the person that the person will be registered to vote but may not vote in the
244     pending election because the person registered too late and chose not to register and vote as
245     described in Subsection (5)(a).
246          (6) For a county or municipality that is approved by the lieutenant governor to
247     participate in the pilot project, if, under Subsection 20A-2-202(3)(a), the county clerk receives
248     a correctly completed by-mail voter registration form that is postmarked after the voter
249     registration deadline, the county clerk shall:
250          (a) unless the applicant registers on election day by casting a provisional ballot in
251     accordance with Subsection (10), register the applicant for the next election; and
252          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
253     election, informing the applicant that:
254          (i) the applicant's registration will not be effective until after the election; and
255          (ii) the applicant may register to vote on election day by casting a provisional ballot in
256     accordance with Subsection (10).
257          (7) For a county or municipality that is approved by the lieutenant governor to
258     participate in the pilot project, if, under Subsection 20A-2-204(5)(a), the county clerk receives
259     a correctly completed voter registration form that is dated after the voter registration deadline,
260     the county clerk shall:
261          (a) unless the applicant registers to vote on election day by casting a provisional ballot
262     in accordance with Subsection (10), register the applicant after the next election; and
263          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
264     election, informing the applicant that:
265          (i) the applicant's registration will not be effective until after the election; and
266          (ii) the applicant may register to vote on election day by casting a provisional ballot in
267     accordance with Subsection (10).
268          (8) For a county or municipality that is approved by the lieutenant governor to
269     participate in the pilot project, if, under Subsection 20A-2-205(7)(a), the county clerk receives
270     a correctly completed voter registration form that is dated after the voter registration deadline,
271     the county clerk shall:
272          (a) unless the applicant registers to vote on election day by casting a provisional ballot
273     in accordance with Subsection (10), register the applicant after the next election; and

274          (b) if possible, promptly phone, mail, or email a notice to the applicant before the
275     election, informing the applicant that:
276          (i) the applicant's registration will not be effective until after the election; and
277          (ii) the applicant may register to vote on election day by casting a provisional ballot in
278     accordance with Subsection (10).
279          (9) For a county or municipality that is approved by the lieutenant governor to
280     participate in the pilot project, if, under Subsection 20A-2-206(8)(c), an individual applies to
281     register under this section during the six calendar days before an election, the county clerk
282     shall:
283          (a) if the individual desires to vote in the pending election, inform the individual that
284     the individual must, on election day, register to vote by casting a provisional ballot in
285     accordance with Subsection (10); or
286          (b) if the individual does not desire to vote in the pending election:
287          (i) accept the application for registration if the individual, on the date of the election,
288     will be legally qualified and entitled to vote in a voting precinct in the state; and
289          (ii) inform the individual that the individual is registered to vote but may not vote in
290     the pending election because the individual registered too late and chose not to register and
291     vote as described in Subsection (9)(a).
292          (10) For a county or municipality that is approved by the lieutenant governor to
293     participate in the pilot project:
294          (a) the election officer shall take the action described in Subsection (10)(b) in relation
295     to a provisional ballot if the election officer determines that:
296          (i) the person who voted the ballot is not registered to vote, but is otherwise legally
297     entitled to vote the ballot;
298          (ii) the ballot that the person voted is identical to the ballot for the precinct in which
299     the person resides;
300          (iii) the information on the ballot is complete; and
301          (iv) the person provided valid voter identification and proof of residence to the poll
302     worker;
303          (b) if a provisional ballot and the person who voted the provisional ballot comply with
304     the requirements described in Subsection (10)(a), the election officer shall:

305          (i) consider the provisional ballot a voter registration form;
306          (ii) place the ballot with the absentee ballots, to be counted with those ballots at the
307     canvass; and
308          (iii) as soon as reasonably possible, register the person to vote; and
309          (c) except as provided in Subsection (11), the election officer shall retain a provisional
310     ballot envelope, unopened, for the period specified in Section 20A-4-202, if the election officer
311     determines that the person who voted the ballot:
312          (i) (A) is not registered to vote in this state; and
313          (B) is not eligible for registration under Subsection (10); or
314          (ii) is not legally entitled to vote the ballot that the person voted.
315          (11) Subsection (10)(c) does not apply if a court orders the election officer to produce
316     or count the provisional ballot.
317          (12) For a county or municipality that is approved by the lieutenant governor to
318     participate in the pilot project, if, under Subsection 20A-4-107(4), the election officer
319     determines that the person is not registered to vote in this state, that the information on the
320     provisional ballot envelope is complete, and that the provisional ballot and the person who
321     voted the provisional ballot do not comply with the requirements described in Subsection
322     (10)(a), the election officer shall:
323          (a) consider the provisional ballot envelope a voter registration form for the person's
324     county of residence; and
325          (b) (i) register the person if the voter's county of residence is within the county; or
326          (ii) forward the voter registration form to the election officer of the person's county of
327     residence, which election officer shall register the person.
328          (13) (a) The county clerk of a county that is approved to participate in the pilot project,
329     and the municipal clerk of a municipality that is approved to participate in the pilot project,
330     shall provide training for the poll workers of the county or municipality on administering the
331     pilot program.
332          (b) The lieutenant governor shall, for a county or municipality that is approved to
333     participate in the pilot project, provide information relating to the pilot project in accordance
334     with the provisions of Subsection 67-1a-2(2)(a)(iv).
335          (14) The lieutenant governor and each county and municipality that is approved by the

336     lieutenant governor to participate in the pilot project shall:
337          (a) report to the Government Operations Interim Committee, on or before October 31
338     of each year that the pilot project is in effect, regarding:
339          (i) the implementation of the pilot project;
340          (ii) the number of ballots cast by voters who registered on election day;
341          (iii) any difficulties resulting from the pilot project; and
342          (iv) whether, in the opinion of the lieutenant governor, the county, or the municipality,
343     the state would benefit from implementing election day voter registration permanently and on a
344     statewide basis; and
345          (b) on or before December 31, 2016, report to the Legislative Management Committee
346     regarding the matters described in Subsection (14)(a).
347          (15) During the 2016 interim, the Government Operations Interim Committee shall
348     study and make a recommendation to the Legislature regarding whether to implement statewide
349     election day voter registration on a permanent, statewide basis.