This document includes House Floor Amendments incorporated into the bill on Mon, Feb 29, 2016 at 12:39 PM by cynthiahopkin.
This document includes Senate Committee Amendments incorporated into the bill on Thu, Mar 3, 2016 at 1:29 PM by lpoole.
Representative Brad M. Daw proposes the following substitute bill:


1     
VOTING REVISIONS

2     
2016 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Brad M. Daw

5     
Senate Sponsor: Margaret Dayton

6     

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
21     appropriation:
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
24     program.
25     Other Special Clauses:

26          This bill provides a special effective date.
27     Utah Code Sections Affected:
28     AMENDS:
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
33     ENACTS:
34          20A-5-402.9, Utah Code Annotated 1953
35     

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;
77     and
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 [preparation of the] a voter has prepared the voter's ballot:
81          (a) if the ballot is a paper ballot or punch card ballot [is used]:
82          (i) the voter shall:
83          (A) leave the voting booth; and
84          (B) [announce his] provide the voter's name to the poll worker in charge of the ballot
85     box;
86          (ii) the poll worker in charge of the ballot box shall:
87          (A) clearly and audibly [announce] provide the name of the voter and the number on

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);
91          [(B)] (C) if the stub number on the ballot corresponds with the number previously
92     recorded in the official register, and bears the initials of the poll worker, remove the stub from
93     the ballot; and
94          [(C)] (D) return the ballot to the voter;
95          (iii) the voter shall, in full view of the poll workers, cast [his] the voter's vote by
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 [his] the voter's name to the poll worker in charge of the ballot box;
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;
112     and
113          (iii) the voter shall, in full view of the poll workers, cast [his] the voter's vote by
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
120     ballot:
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 [he] the voter has voted from the remainder of the paper ballot;
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
129     box.
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
134     20A-3-108;
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
151     not:
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;
156     and
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 [systems,] system;
178          (c) a voting [devices, and] device; or
179          (d) a voting [machines] machine.
180          (2) [Each] For the voting equipment used in the jurisdiction over which an election

181     officer has authority, the election officer shall [ensure that]:
182          [(a) the voting equipment used by the election officer is certified by the Election
183     Assistance Commission; and]
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
188          [(b)] (c) ensure that the voting equipment is certified by the lieutenant governor under
189     Subsection (3) as having met the requirements of this section.
190          (3) (a) The lieutenant governor shall ensure that all voting equipment used [complies
191     with the requirements of this section.] in the state Ŝ→ [
Ĥ→ :
191a          (i) ←Ĥ
] ←Ŝ
is independently tested using security testing
192     protocols and standards that:
193          Ŝ→ [
Ĥ→ [] (i) [] (A) ←Ĥ] ←Ŝ are generally accepted in the industry at the time the lieutenant
193a     governor reviews the
194     voting equipment for certification; and
195      Ŝ→ [
Ĥ→ [] (ii) [] (B) ←Ĥ] ←Ŝ meet the requirements of Subsection (3)(b) Ŝ→ [Ĥ→ [].[] ; and
195a          (ii) is able to be used to cast a ranked-choice ballot. ←Ĥ
] ←Ŝ

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
227     63A-3-107.
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
239     recommendation:
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.
244          [(8)] (9) The lieutenant governor may designate individuals, including committee
245     members, to inspect and review proprietary software as part of an evaluation of new voting
246     equipment systems under consideration for purchase.
247          [(9)] (10) Before making any selection or purchase, the lieutenant governor shall
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
255     20A-5-402.7.
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),
273     including:

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
278     systems.
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
298     system's:
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
310     shall;
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.
342          [(3)] (4) (a) Subsection 20A-7-101(1)(a)(i), the language that states "of the first class"
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.
347          [(4)] (5) Section 20A-9-403.1 is repealed on 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:
$2,500,000

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;
361     and
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.

367