7 LONG TITLE
8 General Description:
9 This bill establishes a grant program to assist counties in purchasing new voting
10 equipment systems.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ makes changes to the process by which an individual casts certain paper ballots;
15 ▸ changes the requirements by which voting equipment is certified;
16 ▸ modifies the authority of a voting equipment selection committee; and
17 ▸ creates the Voting Equipment Grant Program.
18 Money Appropriated in this Bill:
19 This bill appropriates:
20 ▸ to the Governor's Office -- Lieutenant Governor's Office, as a one-time
22 • from the General Fund, $2,500,000 subject to intent language stating that the
23 appropriation is non-lapsing and restricting the use of funds to a specific
25 Other Special Clauses:
26 This bill provides a special effective date.
27 Utah Code Sections Affected:
29 20A-3-105, as last amended by Laws of Utah 2007, Chapter 75
30 20A-5-402.5, as last amended by Laws of Utah 2010, Chapter 8
31 20A-5-402.7, as last amended by Laws of Utah 2010, Chapter 286
32 63I-2-220, as last amended by Laws of Utah 2014, Chapter 3
34 20A-5-402.9, Utah Code Annotated 1953
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 20A-3-105 is amended to read:
38 20A-3-105. Marking and depositing ballots.
39 (1) (a) If a paper ballot is used, the voter, upon receipt of the ballot, shall go to a voting
40 booth and prepare the voter's ballot by marking the appropriate position with a mark opposite
41 the name of each candidate of the voter's choice for each office to be filled.
42 (b) A mark is not required opposite the name of a write-in candidate.
43 (c) If a ballot proposition is submitted to a vote of the people, the voter shall mark in
44 the appropriate square with a mark opposite the answer the voter intends to make.
45 (d) Before leaving the booth, the voter shall:
46 (i) fold the ballot so that its contents are concealed and the stub can be removed; and
47 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
48 envelope and complete the information printed on the envelope.
49 (2) (a) (i) If a punch card ballot is used, the voter shall insert the ballot sheet into the
50 voting device and mark the ballot sheet according to the instructions provided on the device.
51 (ii) If the voter is issued a ballot sheet with a long stub without a secrecy envelope, the
52 voter shall record any write-in votes on the long stub.
53 (iii) If the voter is issued a ballot sheet with a secrecy envelope, the voter shall record
54 any write-in votes on the secrecy envelope.
55 (b) After the voter has marked the ballot sheet, the voter shall either:
56 (i) place the ballot sheet inside the secrecy envelope, if one is provided; or
57 (ii) fold the long stub over the face of the ballot sheet to maintain the secrecy of the
58 vote if the voter is issued a ballot sheet with a long stub without a secrecy envelope.
59 (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
60 provisional ballot envelope and complete the information printed on the envelope.
61 (3) (a) If a ballot sheet other than a punch card is used, the voter shall mark the ballot
62 sheet according to the instructions provided on the voting device or ballot sheet.
63 (b) The voter shall record a write-in vote by:
64 (i) marking the position opposite the area for entering a write-in candidate; and
65 (ii) entering the name of the valid write-in candidate for whom the voter wishes to vote
66 for by means of:
67 (A) writing;
68 (B) a label; or
69 (C) entering the name using the voting device.
70 (c) If the ballot is a provisional ballot, the voter shall place the ballot sheet in the
71 provisional ballot envelope and complete the information printed on the envelope.
72 (4) (a) If an electronic ballot is used, the voter shall:
73 (i) insert the ballot access card into the voting device; and
74 (ii) make the selections according to the instructions provided on the device.
75 (b) The voter shall record a write-in vote by:
76 (i) marking the appropriate position opposite the area for entering a write-in candidate;
78 (ii) using the voting device to enter the name of the valid write-in candidate for whom
79 the voter wishes to vote.
80 (5) After [
81 (a) if the ballot is a paper ballot or punch card ballot [
82 (i) the voter shall:
83 (A) leave the voting booth; and
84 (B) [
86 (ii) the poll worker in charge of the ballot box shall:
87 (A) clearly and audibly [
88 the stub of the voter's ballot;
89 (B) if the ballot is a paper ballot that can be read by an optical scanning device, check
90 the ballot in accordance with Subsection (10);
92 recorded in the official register, and bears the initials of the poll worker, remove the stub from
93 the ballot; and
95 (iii) the voter shall, in full view of the poll workers, cast [
96 depositing the ballot in the ballot box; and
97 (iv) if the stub has been detached from the ballot:
98 (A) the poll worker may not accept the ballot; and
99 (B) the poll worker shall:
100 (I) treat the ballot as a spoiled ballot;
101 (II) provide the voter with a new ballot; and
102 (III) dispose of the spoiled ballot as provided in Section 20A-3-107;
103 (b) if a ballot sheet other than a punch card is used:
104 (i) the voter shall:
105 (A) leave the voting booth; and
106 (B) announce [
107 (ii) the poll worker in charge of the ballot box shall:
108 (A) clearly and audibly announce the name of the voter and the number on the stub of
109 the voter's ballot; and
110 (B) if the stub number on the ballot corresponds with the number previously recorded
111 in the official register, and bears the initials of the poll worker, return the ballot to the voter;
113 (iii) the voter shall, in full view of the poll workers, cast [
114 depositing the ballot in the ballot box; and
115 (c) if an electronic ballot is used, the voter shall:
116 (i) cast the voter's ballot;
117 (ii) remove the ballot access card from the voting device; and
118 (iii) return the ballot access card to a designated poll worker.
119 (6) A voter voting a paper ballot in a regular primary election shall, after marking the
121 (a) (i) if the ballot is designed so that the names of all candidates for all political parties
122 are on the same ballot, detach the part of the paper ballot containing the names of the
123 candidates of the party [
124 (ii) fold that portion of the paper ballot so that its face is concealed; and
125 (iii) deposit it in the ballot box; and
126 (b) (i) fold the remainder of the paper ballot, containing the names of the candidates of
127 the parties that the elector did not vote; and
128 (ii) deposit it in a separate ballot box that is marked and designated as a blank ballot
130 (7) (a) Each voter shall mark and cast or deposit the ballot without delay and shall
131 leave the voting area after voting.
132 (b) A voter may not:
133 (i) occupy a voting booth occupied by another, except as provided in Section
135 (ii) remain within the voting area more than 10 minutes; or
136 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
137 voters are waiting to occupy them.
138 (8) If the official register shows any voter as having voted, that voter may not reenter
139 the voting area during that election unless that voter is an election official or watcher.
140 (9) The poll workers may not allow more than four voters more than the number of
141 voting booths into the voting area at one time unless those excess voters are:
142 (a) election officials;
143 (b) watchers; or
144 (c) assisting voters with a disability.
145 (10) (a) If a voter votes using a paper ballot described in Subsection (5)(a)(ii)(B), the
146 poll worker in charge of the ballot box shall ensure that the ballot is readable by an optical
147 scanning device by directing the voter to feed the ballot through an optical scanning device that
148 checks the ballot for inaccurate or erroneous marks that would prevent a vote on the ballot
149 from being counted.
150 (b) An optical scanning device used to check a ballot under Subsection (10)(a) may
152 (i) record a vote on the ballot; or
153 (ii) reject a ballot because a voter did not mark a vote.
154 (c) A poll worker described in Subsection (10)(a):
155 (i) may assist a voter in feeding the voter's ballot through the optical scanning device;
157 (ii) may not examine a voter's ballot, regardless of the outcome of the check performed
158 under Subsection (10)(a).
159 (d) If a check performed under Subsection (10)(a) shows that a vote on a ballot cannot
160 be read by the optical scanning device because of an inaccurate or erroneous mark on the
161 ballot, the poll worker shall:
162 (i) explain to the voter that a vote on the voter's ballot could not be read because of an
163 inaccurate or erroneous mark on the ballot;
164 (ii) explain the manner in which a ballot must be marked for the optical scanning
165 device to read a vote; and
166 (iii) (A) allow the voter to return to a voting booth to correct the ballot; or
167 (B) if the voter desires, issue the voter a new ballot.
168 (e) If the poll worker issues a new ballot under Subsection (10)(d)(iii)(B), the poll
169 worker shall:
170 (i) treat the original ballot as a spoiled ballot; and
171 (ii) dispose of the spoiled ballot as provided in Section 20A-3-107.
172 Section 2. Section 20A-5-402.5 is amended to read:
173 20A-5-402.5. Certification of voting equipment.
174 (1) As used in this section, "voting equipment" means the following equipment used
175 for an election:
176 (a) automatic tabulating equipment[
177 (b) an electronic voting [
178 (c) a voting [
179 (d) a voting [
180 (2) [
181 officer has authority, the election officer shall [
184 (a) before each election, use logic and accuracy tests to ensure that the voting
185 equipment performs the voting equipment's functions accurately;
186 (b) develop and implement a procedure to protect the physical security of the voting
187 equipment; and
189 Subsection (3) as having met the requirements of this section.
190 (3) (a) The lieutenant governor shall ensure that all voting equipment used [
191a (i) ←Ĥ
192 protocols and standards that:
193 Ŝ→ [
193a governor reviews the
194 voting equipment for certification; and
195 Ŝ→ [
195a (ii) is able to be used to cast a ranked-choice ballot. ←Ĥ
196 (b) The testing protocols and standards described in Subsection (3)(a) shall require that
197 a voting system:
198 (i) is accurate and reliable;
199 (ii) possess established and maintained access controls;
200 (iii) has not been fraudulently manipulated or tampered with;
201 (iv) is able to identify fraudulent or erroneous changes to the voting equipment; and
202 (v) protects the secrecy of a voter's ballot.
203 (c) The lieutenant governor may comply with the requirements of Subsection (3)(a) by
204 certifying voting equipment that has been certified by:
205 (i) the United States Election Assistance Commission; or
206 (ii) a laboratory that has been accredited by the United States Election Assistance
207 Commission to test voting equipment.
207a Ŝ→ (d) Voting equipment used in the state may include technology that allows for ranked-
207b choice voting. ←Ŝ
208 Section 3. Section 20A-5-402.7 is amended to read:
209 20A-5-402.7. Voting Equipment Selection Committee.
210 (1) As used in this section, "new voting equipment system" means voting equipment
211 that is operated in a materially different way or that functions in a materially different way than
212 the equipment being replaced.
213 (2) Before selecting or purchasing a new voting equipment system after January 1,
214 2007, the lieutenant governor shall:
215 (a) appoint a Voting Equipment Selection Committee; and
216 (b) ensure that the committee includes persons having experience in:
217 (i) election procedures and administration;
218 (ii) computer technology;
219 (iii) data security;
220 (iv) auditing; and
221 (v) access for persons with disabilities.
222 (3) A member may not receive compensation or benefits for the member's service, but
223 may receive per diem and travel expenses in accordance with:
224 (a) Section 63A-3-106;
225 (b) Section 63A-3-107; and
226 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
228 (4) The lieutenant governor shall select a chair from the committee membership.
229 (5) The lieutenant governor may fill any vacancies that occur on the committee.
230 (6) The lieutenant governor's office shall provide staffing for the committee.
231 (7) The Voting Equipment Selection Committee shall:
232 (a) evaluate new voting equipment systems proposed for purchase by the state; and
233 (b) provide information and recommendations to assist the lieutenant governor with the
234 purchase of new voting equipment systems.
235 (8) (a) The Voting Equipment Selection Committee may establish requirements for
236 new voting equipment systems purchased under Section 20A-5-402.9 through the Voting
237 Equipment Grant Program.
238 (b) A requirement established under Subsection (8)(a) is not binding unless the
240 (i) is consistent with the requirements described in Section 20A-5-402.9 for the Voting
241 Equipment Grant Program; and
242 (ii) specifically states that the recommendation is for voting equipment purchased
243 through the Voting Equipment Grant Program.
245 members, to inspect and review proprietary software as part of an evaluation of new voting
246 equipment systems under consideration for purchase.
248 provide for a period of public review and comment on new voting equipment systems under
249 consideration for purchase by the state.
250 Section 4. Section 20A-5-402.9 is enacted to read:
251 20A-5-402.9. Voting Equipment Grant Program -- Qualifications for receipt --
252 Matching funds -- Acceptable uses.
253 (1) As used in this section:
254 (a) "New voting equipment system" means the same as that term is defined in Section
256 (b) "Program" means the Voting Equipment Grant Program created in this section.
257 (c) "Proportional reimbursement rate" means the dollar amount equal to the product of:
258 (i) the total amount of funds appropriated by the Legislature to the program for fiscal
259 year 2017; and
260 (ii) the quotient of:
261 (A) the total number of registered voters in a county; and
262 (B) the total number of registered voters in the state.
263 (2) (a) There is created the Voting Equipment Grant Program as a grant program to
264 assist counties in purchasing new voting equipment systems.
265 (b) The lieutenant governor shall administer the program using funds appropriated by
266 the Legislature for the purpose of administering the program.
267 (3) (a) After January 1, 2017, a county may submit a proposal to the Office of the
268 Lieutenant Governor to participate in and receive funds from the program.
269 (b) A proposal described in Subsection (3)(a) shall:
270 (i) describe the current condition of voting equipment systems used by the county;
271 (ii) describe the county's need for new voting equipment systems;
272 (iii) describe how the county plans to comply with the requirements of Subsection (4),
274 (A) a description of how the county plans to provide the matching funds described in
275 Subsection (4)(b) if the proposal is accepted; and
276 (B) a schedule by which the requirements will be met; and
277 (iv) contain a detailed estimate of the gross cost of procuring new voting equipment
279 (4) A county that receives funds through a program grant:
280 (a) shall use the funds to purchase new voting equipment systems that:
281 (i) meet the requirements of Section 20A-5-402.5;
282 (ii) use a paper ballot that may be read by an optical scanning device; and
283 (iii) comply with any additional binding requirement made under Subsection
284 20A-5-402.7(8) by a Voting Equipment Selection Committee;
285 (b) shall, for the purpose of purchasing new voting equipment systems, appropriate
286 funds equal to or greater than the difference of:
287 (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
288 governor accepts under Subsection (6)(b); and
289 (ii) the amount the lieutenant governor is required to disburse to the county under
290 Subsection (7)(a);
291 (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
292 Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
293 (d) except as provided in Subsection (5), may not, after using new voting equipment
294 systems in an election that were purchased under this section, use a voting equipment system
295 that does not meet the requirements described in Subsection (4)(a); and
296 (e) shall purchase new voting equipment systems described under Subsection (4)(a)
297 that provide the best value to the county with consideration for the new voting equipment
299 (i) cost of maintenance;
300 (ii) estimated operational lifetime; and
301 (iii) cost of replacement.
302 (5) A county that receives funds through the program may use a voting equipment
303 system that does not comply with the requirements described in Subsection (4)(a) if:
304 (a) using the voting equipment system is necessary to accommodate a person with a
305 disability in accordance with the requirements described in Subsection 20A-3-302(6)(b),
306 20A-3-603(1)(c), 20A-5-303(8), or 20A-5-403(2)(b)(iii); or
307 (b) the county purchases the voting equipment system before the county expends funds
308 in accordance with this chapter for the purchase of a new voting equipment system.
309 (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
311 (a) review the proposal to ensure that:
312 (i) the proposal complies with the requirements of Subsection (3); and
313 (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
314 (b) (i) if the proposal complies with the requirements of Subsection (3), the cost
315 estimate appears to be reasonably accurate, and sufficient program funds are available:
316 (A) accept the proposal;
317 (B) notify the county clerk of the county that submitted the proposal that the proposal
318 is accepted;
319 (C) notify the county clerk of the requirements of Subsection (7); and
320 (D) disburse the funds described in Subsection (7)(a), in accordance with the
321 requirements of Subsection (7)(b), to the county that submitted the proposal; or
322 (ii) if the proposal does not comply with the requirements of Subsection (3) or the cost
323 estimate does not appear to be reasonable:
324 (A) reject the proposal; and
325 (B) notify the county clerk of the county that submitted the proposal that the proposal
326 is rejected, indicating the reason that the proposal is rejected.
327 (7) The lieutenant governor:
328 (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
329 (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
330 lieutenant governor accepts under Subsection (6)(b); or
331 (ii) the proportional reimbursement rate; and
332 (b) may not disburse funds under Subsection (6)(b)(i)(D):
333 (i) until the county appropriates the matching funds described in Subsection (4)(b); or
334 (ii) if the disbursement would cause the county's total receipt of funds from the
335 program to exceed the proportional reimbursement rate.
336 Section 5. Section 63I-2-220 is amended to read:
337 63I-2-220. Repeal dates, Title 20A.
338 (1) Section 20A-3-704 is repealed January 1, 2016.
339 (2) Section 20A-5-410 is repealed January 1, 2016.
340 (3) (a) Subsection 20A-5-402.7(8) is repealed July 1, 2022.
341 (b) Section 20A-5-402.9 is repealed July 1, 2022.
343 and "; or" is repealed January 1, 2015.
344 (b) Subsection 20A-7-101(1)(a)(ii), the language that states "for a county not described
345 in Subsection (1)(a)(i), a person designated as budget officer in Section 17-19-19" is repealed
346 January 1, 2015.
348 Section 6. Appropriation.
349 Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures Act, for
350 the fiscal year beginning July 1, 2016, and ending June 30, 2017, the following sums of money
351 are appropriated from resources not otherwise appropriated, or reduced from amounts
352 previously appropriated, out of the funds or amounts indicated. These sums of money are in
353 addition to amounts previously appropriated for fiscal year 2017.
354 To Governor's Office
355 From General Fund, One-Time:
356 Schedule of Programs:
357 Lieutenant Governor's Office $2,500,000
358 The Legislature intends that:
359 (1) the Office of the Lieutenant Governor expend appropriations provided under this
360 item to implement the Voting Equipment Grant Program created under Section 20A-5-402.9;
362 (2) under Section 63J-1-603, appropriations provided by this item not lapse at the close
363 of fiscal year 2017.
364 Section 7. Effective date.
365 This bill takes effect on May 10, 2016, except that the amendments to Section
366 20A-3-105 in this bill take effect on January 1, 2018.