This document includes Senate 3rd Reading Floor Amendments incorporated into the bill on Tue, Mar 7, 2017 at 6:33 PM by lucydaynes.



Chief Sponsor: Brad M. Daw

Senate Sponsor: Margaret Dayton


8     Committee Note:
9          The Government Operations Interim Committee recommended this bill.
10     General Description:
11          This bill addresses the certification and purchase of new voting equipment.
12     Highlighted Provisions:
13          This bill:
14          ▸     defines terms;
15          ▸     reorganizes existing code related to the selection of voting equipment;
16          ▸     changes the requirements by which voting equipment is certified;
17          ▸     modifies the authority of a Voting Equipment Selection Committee; and
18          ▸     creates the Voting Equipment Grant Program.
19     Money Appropriated in this Bill:
20          This bill appropriates:
21          ▸     to the Governor's Office -- Lieutenant Governor's Office, as a one-time
22     appropriation:
23               •     from the General Fund, $ Ŝ→ [
2,500,000] 275,000 ←Ŝ , subject to intent language
23a     stating that the
24     appropriation is non-lapsing and restricting the use of funds to a specific
25     program.
26     Other Special Clauses:
27          None

28     Utah Code Sections Affected:
29     AMENDS:
30          63I-2-220, as last amended by Laws of Utah 2016, Chapters 28 and 348
31     ENACTS:
32          20A-5-801, Utah Code Annotated 1953
33          20A-5-804, Utah Code Annotated 1953
35          20A-5-802, (Renumbered from 20A-5-402.5, as last amended by Laws of Utah 2010,
36     Chapter 8)
37          20A-5-803, (Renumbered from 20A-5-402.7, as last amended by Laws of Utah 2010,
38     Chapter 286)

40     Be it enacted by the Legislature of the state of Utah:
41          Section 1. Section 20A-5-801 is enacted to read:
Part 8. Voting Equipment Selection and Certification

43          20A-5-801. Definitions.
44          As used in this part:
45          (1) "New voting equipment system" means voting equipment that is operated in a
46     materially different way or that functions in a materially different way than the equipment
47     being replaced.
48          (2) "Voting equipment" means the following equipment used for an election:
49          (a) automatic tabulating equipment;
50          (b) an electronic voting system;
51          (c) a voting device; or
52          (d) a voting machine.
53          Section 2. Section 20A-5-802, which is renumbered from Section 20A-5-402.5 is
54     renumbered and amended to read:
55          [20A-5-402.5].      20A-5-802. Certification of voting equipment.
56          [(1) As used in this section, "voting equipment" means automatic tabulating
57     equipment, electronic voting systems, voting devices, and voting machines.]
58          [(2) Each election officer shall ensure that:]

59          [(a) the voting equipment used by the election officer is certified by the Election
60     Assistance Commission; and]
61          (1) For the voting equipment used in the jurisdiction over which an election officer has
62     authority, the election officer shall:
63          (a) before each election, use logic and accuracy tests to ensure that the voting
64     equipment performs the voting equipment's functions accurately;
65          (b) develop and implement a procedure to protect the physical security of the voting
66     equipment; and
67          [(b)] (c) ensure that the voting equipment is certified by the lieutenant governor under
68     Subsection (2) as having met the requirements of this section.
69          [(3)] (2) (a) The lieutenant governor shall ensure that all voting equipment used
70     [complies with the requirements of this section.] in the state is independently tested using
71     security testing protocols and standards that:
72          (i) are generally accepted in the industry at the time the lieutenant governor reviews the
73     voting equipment for certification; and
74          (ii) meet the requirements of Subsection (2)(b).
75          (b) The testing protocols and standards described in Subsection (2)(a) shall require that
76     a voting system:
77          (i) is accurate and reliable;
78          (ii) possesses established and maintained access controls;
79          (iii) has not been fraudulently manipulated or tampered with;
80          (iv) is able to identify fraudulent or erroneous changes to the voting equipment; and
81          (v) protects the secrecy of a voter's ballot.
82          (c) The lieutenant governor may comply with the requirements of Subsection (2)(a) by
83     certifying voting equipment that has been certified by:
84          (i) the United States Election Assistance Commission; or
85          (ii) a laboratory that has been accredited by the United States Election Assistance
86     Commission to test voting equipment.
87          (d) Voting equipment used in the state may include technology that allows for ranked-
88     choice voting.
89          Section 3. Section 20A-5-803, which is renumbered from Section 20A-5-402.7 is

90     renumbered and amended to read:
91          [20A-5-402.7].      20A-5-803. Voting Equipment Selection Committee.
92          [(1) As used in this section, "new voting equipment system" means voting equipment
93     that is operated in a materially different way or that functions in a materially different way than
94     the equipment being replaced.]
95          [(2)] (1) Before selecting or purchasing a new voting equipment system [after January
96     1, 2007], the lieutenant governor shall:
97          (a) appoint a Voting Equipment Selection Committee; and
98          (b) ensure that the committee includes persons having experience in:
99          (i) election procedures and administration;
100          (ii) computer technology;
101          (iii) data security;
102          (iv) auditing; and
103          (v) access for persons with disabilities.
104          [(3)] (2) A member may not receive compensation or benefits for the member's service,
105     but may receive per diem and travel expenses in accordance with:
106          (a) Section 63A-3-106;
107          (b) Section 63A-3-107; and
108          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
109     63A-3-107.
110          [(4)] (3) The lieutenant governor shall select a chair from the committee membership.
111          [(5)] (4) The lieutenant governor may fill any vacancies that occur on the committee.
112          [(6) The lieutenant governor's office]
113          (5) The Office of the Lieutenant Governor shall provide staffing for the committee.
114          [(7)] (6) The Voting Equipment Selection Committee shall:
115          (a) evaluate new voting equipment systems proposed for purchase by the state; and
116          (b) provide information and recommendations to assist the lieutenant governor with the
117     purchase of new voting equipment systems.
118          [(8)] (7) The lieutenant governor may designate individuals, including committee
119     members, to inspect and review proprietary software as part of an evaluation of new voting
120     equipment systems under consideration for purchase.

121          (8) (a) The Voting Equipment Selection Committee may establish requirements for a
122     new voting equipment system purchased under Section 20A-5-804 through the Voting
123     Equipment Grant Program.
124          (b) A requirement established under Subsection (8)(a) is not binding unless the
125     recommendation:
126          (i) is consistent with the requirements described in Section 20A-5-804 for the Voting
127     Equipment Grant Program; and
128          (ii) specifically states that the recommendation is for voting equipment purchased
129     through the Voting Equipment Grant Program.
130          (9) Before making any selection or purchase, the lieutenant governor shall provide for a
131     period of public review and comment on new voting equipment systems under consideration
132     for purchase by the state.
133          Section 4. Section 20A-5-804 is enacted to read:
134          20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
135     Matching funds -- Acceptable uses.
136          (1) As used in this section:
137          (a) "Program" means the Voting Equipment Grant Program created in this section.
138          (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
139          (i) the total amount of funds appropriated by the Legislature to the program; and
140          (ii) the quotient of:
141          (A) the total number of active voters in a county; and
142          (B) the total number of registered voters in the state.
143          (2) (a) There is created the Voting Equipment Grant Program as a grant program to
144     assist counties in purchasing new voting equipment systems.
145          (b) The lieutenant governor shall administer the program using funds appropriated by
146     the Legislature for the purpose of administering the program.
147          (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
148     Lieutenant Governor to participate in and receive funds from the program.
149          (b) A proposal described in Subsection (3)(a) shall:
150          (i) describe the current condition of the voting equipment used by the county;
151          (ii) describe the county's need for a new voting equipment system;

152          (iii) describe how the county plans to comply with the requirements described in
153     Subsection (4), including:
154          (A) a description of how the county plans to provide the matching funds described in
155     Subsection (4)(b) if the proposal is accepted; and
156          (B) a schedule by which the requirements will be met; and
157          (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
158     system.
159          (4) A county that receives funds through a program grant:
160          (a) shall use the funds to purchase a new voting equipment system that:
161          (i) meets the requirements of Section 20A-5-802;
162          (ii) creates a secure and auditable paper record of each vote; and
163          (iii) complies with any additional binding requirement made under Subsection
164     20A-5-803(8) by the Voting Equipment Selection Committee;
165          (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
166     matching funds equal to or greater than the difference of:
167          (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
168     governor accepts under Subsection (6)(b); and
169          (ii) the amount the lieutenant governor is required to disburse to the county under
170     Subsection (7)(a);
171          (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
172     Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
173          (d) except as provided in Subsection (5), may not, after using a new voting equipment
174     system in an election that was purchased under this section, use voting equipment that does not
175     meet the requirements described in Subsection (4)(a); and
176          (e) shall purchase a new voting equipment system described under Subsection (4)(a)
177     that provides the best value to the county with consideration for the new voting equipment
178     system's:
179          (i) cost of maintenance;
180          (ii) estimated operational lifetime; and
181          (iii) cost of replacement.
182          (5) A county that receives funds through the program may use voting equipment that

183     does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
184          (a) to the extent that using the voting equipment is necessary to accommodate a person
185     with a disability in accordance with the requirements described in Subsection 20A-3-302(6)(b),
186     20A-3-603(1)(c), 20A-5-303(8), or 20A-5-403(2)(b)(iii); or
187          (b) if the county purchased the voting equipment before receiving grant funds under
188     Subsection (7)(a).
189          (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
190     shall:
191          (a) review the proposal to ensure that:
192          (i) the proposal complies with the requirements described in Subsection (3); and
193          (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
194          (b) (i) if the proposal complies with the requirements described in Subsection (3), the
195     cost estimate appears to be reasonably accurate, and sufficient program funds are available:
196          (A) accept the proposal;
197          (B) notify the county clerk of the county that submitted the proposal that the proposal
198     is accepted;
199          (C) notify the county clerk of the requirements described in Subsection (7); and
200          (D) disburse the funds described in Subsection (7)(a), in accordance with the
201     requirements described in Subsection (7)(b), to the county that submitted the proposal; or
202          (ii) if the proposal does not comply with the requirements described in Subsection (3),
203     the cost estimate does not appear to be reasonable, or sufficient program funds are not
204     available:
205          (A) reject the proposal; and
206          (B) notify the county clerk of the county that submitted the proposal that the proposal
207     is rejected, indicating the reason that the proposal is rejected.
208          (7) The lieutenant governor:
209          (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
210          (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
211     lieutenant governor accepts under Subsection (6)(b); or
212          (ii) the proportional reimbursement rate; and
213          (b) may not disburse funds under Subsection (6)(b)(i)(D):

214          (i) until the county appropriates the matching funds described in Subsection (4)(b); or
215          (ii) if the disbursement would cause the county's total receipt of funds from the
216     program to exceed the proportional reimbursement rate.
217          Section 5. Section 63I-2-220 is amended to read:
218          63I-2-220. Repeal dates, Title 20A.
219          [On January 1, 2017:]
220          [(1) in Subsection 20A-1-102(71), the language that states "State Board of Education
221     and" is repealed;]
222          [(2) in Subsection 20A-9-201(4)(a), the language that states "and State Board of
223     Education candidates" is repealed;]
224          [(3) Subsection 20A-9-201(9) is repealed;]
225          [(4) in Subsection 20A-9-403(4)(c), the language that states "State Board of Education
226     and" is repealed;]
227          [(5) in Subsection 20A-9-403(5)(a), the language that states "State Board of Education
228     or" is repealed; and]
229          [(6) Section 20A-14-104 is repealed.]
230          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
231          (2) Section 20A-5-804 is repealed July 1, 2023.
232          Section 6. Appropriation.
233          The following sums of money are appropriated for the fiscal year beginning July 1,
234     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
235     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
236     Act, the Legislature appropriates the following sums of money from the funds or accounts
237     indicated for the use and support of the government of the state of Utah.
238     ITEM 1
239          To the Governor's Office
240               From General Fund, One-time
$ Ŝ→ [2,500,000] 275,000 ←Ŝ

241               Schedule of Programs:
242                    Lieutenant Governor's Office               $ Ŝ→ [
2,500,000] 275,000 ←Ŝ
243          The Legislature intends that:
244          (1) the Office of the Lieutenant Governor expend appropriations provided under this

245     item to implement the Voting Equipment Grant Program created under Section 20A-5-804; and
246          (2) under Section 63J-1-603, appropriations provided by this item not lapse at the close
247     of fiscal year 2018.

Legislative Review Note
Office of Legislative Research and General Counsel