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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to when an absentee ballot is considered valid.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides that when an absentee ballot is submitted by mail, the ballot is timely if the
13 ballot is clearly postmarked, or otherwise clearly marked as received by the post
14 office, before election day.
15 Money Appropriated in this Bill:
16 None
17 Other Special Clauses:
18 None
19 Utah Code Sections Affected:
20 AMENDS:
21 20A-3-306, as last amended by Laws of Utah 2013, Chapters 198, 219, 320 and last
22 amended by Coordination Clause, Laws of Utah 2013, Chapter 198
23 20A-4-108, as enacted by Laws of Utah 2014, Chapter 231 and last amended by
24 Coordination Clause, Laws of Utah 2014, Chapter 231
25
26 Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 20A-3-306 is amended to read:
28 20A-3-306. Voting ballot -- Returning ballot.
29 (1) (a) Except as provided by Section 20A-1-308, to vote a mail-in absentee ballot, the
30 absentee voter shall:
31 (i) complete and sign the affidavit on the envelope;
32 (ii) mark the votes on the absentee ballot;
33 (iii) place the voted absentee ballot in the envelope;
34 (iv) securely seal the envelope; and
35 (v) attach postage, unless voting in accordance with Section 20A-3-302, and deposit
36 the envelope in the mail or deliver it in person to the election officer from whom the ballot was
37 obtained.
38 (b) Except as provided by Section 20A-1-308, to vote an absentee ballot in person at the
39 office of the election officer, the absent voter shall:
40 (i) complete and sign the affidavit on the envelope;
41 (ii) mark the votes on the absent-voter ballot;
42 (iii) place the voted absent-voter ballot in the envelope;
43 (iv) securely seal the envelope; and
44 (v) give the ballot and envelope to the election officer.
45 (2) Except as provided by Section 20A-1-308, an absentee ballot is not valid unless:
46 (a) in the case of an absentee ballot that is voted in person, the ballot is:
47 (i) applied for and cast in person at the office of the appropriate election officer no later
48 than the Thursday before election day; or
49 (ii) submitted on election day at a polling location in the political subdivision where
50 the absentee voter resides;
51 (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
52 (i) clearly postmarked before election day, or otherwise clearly marked by the post
53 office as received by the post office before election day; and
54 (ii) received in the office of the election officer before noon on the day of the official
55 canvass following the election; or
56 (c) in the case of a military-overseas ballot, the ballot is submitted in accordance with
57 Section 20A-16-404.
58 (3) An absentee voter may submit a completed absentee ballot at a polling location in a
59 political subdivision holding the election, if the absentee voter resides in the political
60 subdivision.
61 (4) An absentee voter may submit an incomplete absentee ballot at a polling location
62 for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
63 vote in person.
64 Section 2. Section 20A-4-108 is amended to read:
65 20A-4-108. Election day voter registration pilot project.
66 (1) There is created, beginning on June 1, 2014, and ending on January 1, 2017, an
67 election day voter registration pilot project, as described in this section.
68 (2) A county may participate in the pilot project if the county clerk submits to the
69 lieutenant governor a written application to participate in the pilot project that contains:
70 (a) the name of the county;
71 (b) a request that the county be permitted to participate in the pilot project;
72 (c) an estimate of the extent to which election day voter registration may increase voter
73 participation; and
74 (d) any other reasons that the county desires to participate in the project.
75 (3) A municipality may participate in the pilot project for a municipal election if the
76 municipal clerk submits to the lieutenant governor a written application to participate in the
77 pilot project that contains:
78 (a) the name of the municipality;
79 (b) a request that the municipality be permitted to participate in the pilot project;
80 (c) an estimate of the extent to which election day voter registration may increase voter
81 participation; and
82 (d) any other reasons that the municipality desires to participate in the project.
83 (4) Within 10 business days after the day on which the lieutenant governor receives an
84 application described in Subsection (2) or (3), the lieutenant governor shall approve the
85 application if:
86 (a) the application complies with the requirements described in Subsection (2) or (3),
87 as applicable; and
88 (b) the lieutenant governor determines, based on the information contained in the
89 application, that implementing the pilot project in the county or municipality:
90 (i) will yield valuable information to determine whether election day voter registration
91 should be implemented on a permanent, statewide basis; and
92 (ii) will not adversely affect the rights of voters or candidates.
93 (5) For a county or municipality that is approved by the lieutenant governor to
94 participate in the pilot project, if, under Subsection 20A-2-201(3)(b)(ii), a registration form is
95 submitted to the county clerk on the date of the election or during the seven calendar days
96 before an election, the county clerk shall:
97 (a) if the person desires to vote in the pending election, inform the person that the
98 person must, on election day, register to vote by casting a provisional ballot in accordance with
99 Subsection (10); or
100 (b) if the person does not desire to vote in the pending election:
101 (i) accept a registration form from the person if, on the date of the election, the person
102 will be legally qualified and entitled to vote in a voting precinct in the county or municipality;
103 and
104 (ii) inform the person that the person will be registered to vote but may not vote in the
105 pending election because the person registered too late and chose not to register and vote as
106 described in Subsection (5)(a).
107 (6) For a county or municipality that is approved by the lieutenant governor to
108 participate in the pilot project, if, under Subsection 20A-2-202(3)(a), the county clerk receives
109 a correctly completed by-mail voter registration form that is postmarked after the voter
110 registration deadline, and is not otherwise marked by the post office as received by the post
111 office before the voter registration deadline, the county clerk shall:
112 (a) unless the applicant registers on election day by casting a provisional ballot in
113 accordance with Subsection (10), register the applicant for the next election; and
114 (b) if possible, promptly phone, mail, or email a notice to the applicant before the
115 election, informing the applicant that:
116 (i) the applicant's registration will not be effective until after the election; and
117 (ii) the applicant may register to vote on election day by casting a provisional ballot in
118 accordance with Subsection (10).
119 (7) For a county or municipality that is approved by the lieutenant governor to
120 participate in the pilot project, if, under Subsection 20A-2-204(5)(a), the county clerk receives
121 a correctly completed voter registration form that is dated after the voter registration deadline,
122 the county clerk shall:
123 (a) unless the applicant registers to vote on election day by casting a provisional ballot
124 in accordance with Subsection (10), register the applicant after the next election; and
125 (b) if possible, promptly phone, mail, or email a notice to the applicant before the
126 election, informing the applicant that:
127 (i) the applicant's registration will not be effective until after the election; and
128 (ii) the applicant may register to vote on election day by casting a provisional ballot in
129 accordance with Subsection (10).
130 (8) For a county or municipality that is approved by the lieutenant governor to
131 participate in the pilot project, if, under Subsection 20A-2-205(7)(a), the county clerk receives
132 a correctly completed voter registration form that is dated after the voter registration deadline,
133 the county clerk shall:
134 (a) unless the applicant registers to vote on election day by casting a provisional ballot
135 in accordance with Subsection (10), register the applicant after the next election; and
136 (b) if possible, promptly phone, mail, or email a notice to the applicant before the
137 election, informing the applicant that:
138 (i) the applicant's registration will not be effective until after the election; and
139 (ii) the applicant may register to vote on election day by casting a provisional ballot in
140 accordance with Subsection (10).
141 (9) For a county or municipality that is approved by the lieutenant governor to
142 participate in the pilot project, if, under Subsection 20A-2-206(8)(c), an individual applies to
143 register under this section during the six calendar days before an election, the county clerk
144 shall:
145 (a) if the individual desires to vote in the pending election, inform the individual that
146 the individual must, on election day, register to vote by casting a provisional ballot in
147 accordance with Subsection (10); or
148 (b) if the individual does not desire to vote in the pending election:
149 (i) accept the application for registration if the individual, on the date of the election,
150 will be legally qualified and entitled to vote in a voting precinct in the state; and
151 (ii) inform the individual that the individual is registered to vote but may not vote in
152 the pending election because the individual registered too late and chose not to register and
153 vote as described in Subsection (9)(a).
154 (10) For a county or municipality that is approved by the lieutenant governor to
155 participate in the pilot project:
156 (a) the election officer shall take the action described in Subsection (10)(b) in relation
157 to a provisional ballot if the election officer determines that:
158 (i) the person who voted the ballot is not registered to vote, but is otherwise legally
159 entitled to vote the ballot;
160 (ii) the ballot that the person voted is identical to the ballot for the precinct in which
161 the person resides;
162 (iii) the information on the ballot is complete; and
163 (iv) the person provided valid voter identification and proof of residence to the poll
164 worker;
165 (b) if a provisional ballot and the person who voted the provisional ballot comply with
166 the requirements described in Subsection (10)(a), the election officer shall:
167 (i) consider the provisional ballot a voter registration form;
168 (ii) place the ballot with the absentee ballots, to be counted with those ballots at the
169 canvass; and
170 (iii) as soon as reasonably possible, register the person to vote; and
171 (c) except as provided in Subsection (11), the election officer shall retain a provisional
172 ballot envelope, unopened, for the period specified in Section 20A-4-202, if the election officer
173 determines that the person who voted the ballot:
174 (i) (A) is not registered to vote in this state; and
175 (B) is not eligible for registration under Subsection (10); or
176 (ii) is not legally entitled to vote the ballot that the person voted.
177 (11) Subsection (10)(c) does not apply if a court orders the election officer to produce
178 or count the provisional ballot.
179 (12) For a county or municipality that is approved by the lieutenant governor to
180 participate in the pilot project, if, under Subsection 20A-4-107(4), the election officer
181 determines that the person is not registered to vote in this state, that the information on the
182 provisional ballot envelope is complete, and that the provisional ballot and the person who
183 voted the provisional ballot do not comply with the requirements described in Subsection
184 (10)(a), the election officer shall:
185 (a) consider the provisional ballot envelope a voter registration form for the person's
186 county of residence; and
187 (b) (i) register the person if the voter's county of residence is within the county; or
188 (ii) forward the voter registration form to the election officer of the person's county of
189 residence, which election officer shall register the person.
190 (13) (a) The county clerk of a county that is approved to participate in the pilot project,
191 and the municipal clerk of a municipality that is approved to participate in the pilot project,
192 shall provide training for the poll workers of the county or municipality on administering the
193 pilot program.
194 (b) The lieutenant governor shall, for a county or municipality that is approved to
195 participate in the pilot project, provide information relating to the pilot project in accordance
196 with the provisions of Subsection 67-1a-2(2)(a)(iv).
197 (14) The lieutenant governor and each county and municipality that is approved by the
198 lieutenant governor to participate in the pilot project shall:
199 (a) report to the Government Operations Interim Committee, on or before October 31
200 of each year that the pilot project is in effect, regarding:
201 (i) the implementation of the pilot project;
202 (ii) the number of ballots cast by voters who registered on election day;
203 (iii) any difficulties resulting from the pilot project; and
204 (iv) whether, in the opinion of the lieutenant governor, the county, or the municipality,
205 the state would benefit from implementing election day voter registration permanently and on a
206 statewide basis; and
207 (b) on or before December 31, 2016, report to the Legislative Management Committee
208 regarding the matters described in Subsection (14)(a).
209 (15) During the 2016 interim, the Government Operations Interim Committee shall
210 study and make a recommendation to the Legislature regarding whether to implement statewide
211 election day voter registration on a permanent, statewide basis.
Legislative Review Note
as of 1-27-15 6:54 PM
Office of Legislative Research and General Counsel