1     
DISPOSITION OF BALLOTS

2     
2016 GENERAL SESSION

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STATE OF UTAH

4     
Chief Sponsor: Steve Eliason

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Senate Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions of the Election Code relating to rejected absentee ballots.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends provisions relating to ballot envelopes; and
13          ▸     modifies the duties of an election officer in relation to notification of, and an
14     opportunity to correct, a rejected absentee ballot.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-3-305, as last amended by Laws of Utah 2012, Chapter 309
22          20A-3-308, as last amended by Laws of Utah 2012, Chapter 309
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-3-305 is amended to read:
26          20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
27     Affidavit.
28          (1) (a) Upon timely receipt of an absentee voter application properly filled out and
29     signed less than 30 days before the election, the election officer shall either:
30          (i) give the applicant an official absentee ballot and envelope to vote in the office; or
31          (ii) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
32     envelope printed as required in Subsection (2).
33          (b) Twenty-eight days before election day, the election officer shall mail an official
34     absentee ballot, postage paid, to all absentee voters, other than to a uniformed-service voter or
35     an overseas voter, who have submitted a properly filled out and signed absentee voter
36     application before the day on which the ballots are mailed and enclose an envelope printed as
37     required by Subsection (2).
38          (2) The election officer shall ensure that:
39          (a) the name, official title, and post office address of the election officer is printed on
40     the front of the envelope; [and]
41          (b) the envelope includes a space where a voter may write an email address and phone
42     number where the election officer may contact the voter if the voter's ballot is rejected; and
43          [(b)] (c) a printed affidavit in substantially the following form is printed on the back of
44     the envelope:
45     "County of ____     State of ____
46          I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
47     in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election.
48     I am not a convicted felon currently incarcerated for commission of a felony.
49     
______________________________

50     
Signature of Absentee Voter"

51          (3) If the election officer determines that the absentee voter is required to show valid
52     voter identification, the election officer shall:
53          (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5;
54          (b) instruct the voter to include a copy of the voter's valid voter identification with the
55     return ballot;
56          (c) provide the voter clear instructions on how to vote a provisional ballot; and
57          (d) comply with the requirements of Subsection (2).
58          Section 2. Section 20A-3-308 is amended to read:
59          20A-3-308. Absentee ballots in the custody of poll workers -- Disposition --
60     Notice.
61          (1) (a) Voting precinct poll workers shall open envelopes containing absentee ballots
62     that are in their custody on election day at the polling places during the time the polls are open
63     as provided in this Subsection (1).
64          (b) The poll workers shall:
65          (i) first, open the outer envelope only; and
66          (ii) compare the signature of the voter on the application with the signature on the
67     affidavit.
68          (2) (a) The poll workers shall carefully open and remove the absentee voter envelope
69     so as not to destroy the affidavit on the envelope if they find that:
70          (i) the affidavit is sufficient;
71          (ii) the signatures correspond; and
72          (iii) the applicant is registered to vote in that voting precinct and has not voted in that
73     election.
74          (b) If, after opening the absentee voter envelope, the poll worker finds that a
75     provisional ballot envelope is enclosed, the poll worker shall:
76          (i) record, in the official register, whether:
77          (A) the voter included valid voter identification; or
78          (B) a covered voter, as defined in Section 20A-16-102, did not provide valid voter
79     identification as permitted by Public Law 107-252, the Help America Vote Act of 2002;
80          (ii) if any type of identification was included, record the type of identification provided
81     by the voter in the appropriate space in the official register;
82          (iii) record the provisional ballot number on the official register; and
83          (iv) place the provisional ballot envelope with the other provisional ballot envelopes to
84     be transmitted to the county clerk.
85          (c) If the absentee ballot is not a provisional ballot, the poll workers shall:
86          (i) remove the absentee ballot from the envelope without unfolding it or permitting it to
87     be opened or examined;
88          (ii) initial the stub in the same manner as for other ballots;
89          (iii) remove the stub from the ballot;
90          (iv) deposit the ballot in the ballot box; and
91          (v) mark the official register and pollbook to show that the voter has voted.
92          (3) If the poll workers determine that the affidavit is insufficient, or that the signatures
93     do not correspond, or that the applicant is not a registered voter in the voting precinct, they
94     shall:
95          (a) disallow the vote; and
96          (b) without opening the absentee voter envelope, mark across the face of the envelope:
97          (i) "Rejected as defective"; or
98          (ii) "Rejected as not a registered voter."
99          (4) The poll workers shall deposit the absentee voter envelope, when the absentee
100     ballot is voted, and the absentee voter envelope with its contents unopened when the absent
101     vote is rejected, in the ballot box containing the ballots.
102          (5) [(a)] An election officer shall:
103          (a) notify a voter if a poll worker rejects the voter's absentee ballot and specify the
104     reason for the rejection[.];
105          (b) [An election officer shall] give the notice described in Subsection (5)(a) to a voter
106     no later than [seven days after]:
107          (i) if the poll worker rejects the absentee ballot before election day:
108          (A) one business day after the day on which the poll worker rejects the ballot, if the
109     election officer gives the notice by email or text; or
110          (B) two business days after the day on which the poll worker rejects the ballot, if the
111     election officer gives the notice by postal mail or phone;
112          [(i)] (ii) seven days after election day if the election officer receives or rejects the
113     absentee ballot [before or] on election day; [and] or
114          [(ii)] (iii) seven days after the canvass if the election officer receives the absentee ballot
115     after election day and before the end of the canvass[.]; and
116          (c) before the polls close, permit a voter whose absentee ballot is rejected to correct the
117     voter's absentee ballot.
118          (6) The election officer shall retain and preserve the absentee voter envelopes in the
119     manner provided by law for the retention and preservation of official ballots voted at that
120     election.




Legislative Review Note
Office of Legislative Research and General Counsel