1     
VOTING REVISIONS

2     
2017 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 addresses the certification and purchase of new voting equipment.
10     Highlighted Provisions:
11          This bill:
12          ▸     defines terms;
13          ▸     reorganizes existing code related to the selection of voting equipment;
14          ▸     changes the requirements by which voting equipment is certified;
15          ▸     modifies the authority of a Voting Equipment Selection Committee; and
16          ▸     creates the Voting Equipment Grant Program.
17     Money Appropriated in this Bill:
18          This bill appropriates:
19          ▸     to the Governor's Office -- Lieutenant Governor's Office, as a one-time
20     appropriation:
21               •     from the General Fund, $275,000, subject to intent language stating that the
22     appropriation is non-lapsing and restricting the use of funds to a specific
23     program.
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          63I-2-220, as last amended by Laws of Utah 2016, Chapters 28 and 348
29     ENACTS:
30          20A-5-801, Utah Code Annotated 1953
31          20A-5-804, Utah Code Annotated 1953
32     RENUMBERS AND AMENDS:
33          20A-5-802, (Renumbered from 20A-5-402.5, as last amended by Laws of Utah 2010,
34     Chapter 8)
35          20A-5-803, (Renumbered from 20A-5-402.7, as last amended by Laws of Utah 2010,
36     Chapter 286)
37     

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

41          20A-5-801. Definitions.
42          As used in this part:
43          (1) "New voting equipment system" means voting equipment that is operated in a
44     materially different way or that functions in a materially different way than the equipment
45     being replaced.
46          (2) "Voting equipment" means the following equipment used for an election:
47          (a) automatic tabulating equipment;
48          (b) an electronic voting system;
49          (c) a voting device; or
50          (d) a voting machine.
51          Section 2. Section 20A-5-802, which is renumbered from Section 20A-5-402.5 is
52     renumbered and amended to read:
53          [20A-5-402.5].      20A-5-802. Certification of voting equipment.
54          [(1) As used in this section, "voting equipment" means automatic tabulating
55     equipment, electronic voting systems, voting devices, and voting machines.]
56          [(2) Each election officer shall ensure that:]
57          [(a) the voting equipment used by the election officer is certified by the Election
58     Assistance Commission; and]
59          (1) For the voting equipment used in the jurisdiction over which an election officer has
60     authority, the election officer shall:
61          (a) before each election, use logic and accuracy tests to ensure that the voting
62     equipment performs the voting equipment's functions accurately;
63          (b) develop and implement a procedure to protect the physical security of the voting
64     equipment; and
65          [(b)] (c) ensure that the voting equipment is certified by the lieutenant governor under
66     Subsection (2) as having met the requirements of this section.
67          [(3)] (2) (a) The lieutenant governor shall ensure that all voting equipment used
68     [complies with the requirements of this section.] in the state is independently tested using
69     security testing protocols and standards that:
70          (i) are generally accepted in the industry at the time the lieutenant governor reviews the
71     voting equipment for certification; and
72          (ii) meet the requirements of Subsection (2)(b).
73          (b) The testing protocols and standards described in Subsection (2)(a) shall require that
74     a voting system:
75          (i) is accurate and reliable;
76          (ii) possesses established and maintained access controls;
77          (iii) has not been fraudulently manipulated or tampered with;
78          (iv) is able to identify fraudulent or erroneous changes to the voting equipment; and
79          (v) protects the secrecy of a voter's ballot.
80          (c) The lieutenant governor may comply with the requirements of Subsection (2)(a) by
81     certifying voting equipment that has been certified by:
82          (i) the United States Election Assistance Commission; or
83          (ii) a laboratory that has been accredited by the United States Election Assistance
84     Commission to test voting equipment.
85          (d) Voting equipment used in the state may include technology that allows for ranked-
86     choice voting.
87          Section 3. Section 20A-5-803, which is renumbered from Section 20A-5-402.7 is
88     renumbered and amended to read:
89          [20A-5-402.7].      20A-5-803. Voting Equipment Selection Committee.
90          [(1) As used in this section, "new voting equipment system" means voting equipment
91     that is operated in a materially different way or that functions in a materially different way than
92     the equipment being replaced.]
93          [(2)] (1) Before selecting or purchasing a new voting equipment system [after January
94     1, 2007], the lieutenant governor shall:
95          (a) appoint a Voting Equipment Selection Committee; and
96          (b) ensure that the committee includes persons having experience in:
97          (i) election procedures and administration;
98          (ii) computer technology;
99          (iii) data security;
100          (iv) auditing; and
101          (v) access for persons with disabilities.
102          [(3)] (2) A member may not receive compensation or benefits for the member's service,
103     but may receive per diem and travel expenses in accordance with:
104          (a) Section 63A-3-106;
105          (b) Section 63A-3-107; and
106          (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
107     63A-3-107.
108          [(4)] (3) The lieutenant governor shall select a chair from the committee membership.
109          [(5)] (4) The lieutenant governor may fill any vacancies that occur on the committee.
110          [(6) The lieutenant governor's office]
111          (5) The Office of the Lieutenant Governor shall provide staffing for the committee.
112          [(7)] (6) The Voting Equipment Selection Committee shall:
113          (a) evaluate new voting equipment systems proposed for purchase by the state; and
114          (b) provide information and recommendations to assist the lieutenant governor with the
115     purchase of new voting equipment systems.
116          [(8)] (7) The lieutenant governor may designate individuals, including committee
117     members, to inspect and review proprietary software as part of an evaluation of new voting
118     equipment systems under consideration for purchase.
119          (8) (a) The Voting Equipment Selection Committee may establish requirements for a
120     new voting equipment system purchased under Section 20A-5-804 through the Voting
121     Equipment Grant Program.
122          (b) A requirement established under Subsection (8)(a) is not binding unless the
123     recommendation:
124          (i) is consistent with the requirements described in Section 20A-5-804 for the Voting
125     Equipment Grant Program; and
126          (ii) specifically states that the recommendation is for voting equipment purchased
127     through the Voting Equipment Grant Program.
128          (9) Before making any selection or purchase, the lieutenant governor shall provide for a
129     period of public review and comment on new voting equipment systems under consideration
130     for purchase by the state.
131          Section 4. Section 20A-5-804 is enacted to read:
132          20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
133     Matching funds -- Acceptable uses.
134          (1) As used in this section:
135          (a) "Program" means the Voting Equipment Grant Program created in this section.
136          (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
137          (i) the total amount of funds appropriated by the Legislature to the program; and
138          (ii) the quotient of:
139          (A) the total number of active voters in a county; and
140          (B) the total number of registered voters in the state.
141          (2) (a) There is created the Voting Equipment Grant Program as a grant program to
142     assist counties in purchasing new voting equipment systems.
143          (b) The lieutenant governor shall administer the program using funds appropriated by
144     the Legislature for the purpose of administering the program.
145          (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
146     Lieutenant Governor to participate in and receive funds from the program.
147          (b) A proposal described in Subsection (3)(a) shall:
148          (i) describe the current condition of the voting equipment used by the county;
149          (ii) describe the county's need for a new voting equipment system;
150          (iii) describe how the county plans to comply with the requirements described in
151     Subsection (4), including:
152          (A) a description of how the county plans to provide the matching funds described in
153     Subsection (4)(b) if the proposal is accepted; and
154          (B) a schedule by which the requirements will be met; and
155          (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
156     system.
157          (4) A county that receives funds through a program grant:
158          (a) shall use the funds to purchase a new voting equipment system that:
159          (i) meets the requirements of Section 20A-5-802;
160          (ii) creates a secure and auditable paper record of each vote; and
161          (iii) complies with any additional binding requirement made under Subsection
162     20A-5-803(8) by the Voting Equipment Selection Committee;
163          (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
164     matching funds equal to or greater than the difference of:
165          (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
166     governor accepts under Subsection (6)(b); and
167          (ii) the amount the lieutenant governor is required to disburse to the county under
168     Subsection (7)(a);
169          (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
170     Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
171          (d) except as provided in Subsection (5), may not, after using a new voting equipment
172     system in an election that was purchased under this section, use voting equipment that does not
173     meet the requirements described in Subsection (4)(a); and
174          (e) shall purchase a new voting equipment system described under Subsection (4)(a)
175     that provides the best value to the county with consideration for the new voting equipment
176     system's:
177          (i) cost of maintenance;
178          (ii) estimated operational lifetime; and
179          (iii) cost of replacement.
180          (5) A county that receives funds through the program may use voting equipment that
181     does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
182          (a) to the extent that using the voting equipment is necessary to accommodate a person
183     with a disability in accordance with the requirements described in Subsection 20A-3-302(6)(b),
184     20A-3-603(1)(c), 20A-5-303(8), or 20A-5-403(2)(b)(iii); or
185          (b) if the county purchased the voting equipment before receiving grant funds under
186     Subsection (7)(a).
187          (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
188     shall:
189          (a) review the proposal to ensure that:
190          (i) the proposal complies with the requirements described in Subsection (3); and
191          (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
192          (b) (i) if the proposal complies with the requirements described in Subsection (3), the
193     cost estimate appears to be reasonably accurate, and sufficient program funds are available:
194          (A) accept the proposal;
195          (B) notify the county clerk of the county that submitted the proposal that the proposal
196     is accepted;
197          (C) notify the county clerk of the requirements described in Subsection (7); and
198          (D) disburse the funds described in Subsection (7)(a), in accordance with the
199     requirements described in Subsection (7)(b), to the county that submitted the proposal; or
200          (ii) if the proposal does not comply with the requirements described in Subsection (3),
201     the cost estimate does not appear to be reasonable, or sufficient program funds are not
202     available:
203          (A) reject the proposal; and
204          (B) notify the county clerk of the county that submitted the proposal that the proposal
205     is rejected, indicating the reason that the proposal is rejected.
206          (7) The lieutenant governor:
207          (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
208          (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
209     lieutenant governor accepts under Subsection (6)(b); or
210          (ii) the proportional reimbursement rate; and
211          (b) may not disburse funds under Subsection (6)(b)(i)(D):
212          (i) until the county appropriates the matching funds described in Subsection (4)(b); or
213          (ii) if the disbursement would cause the county's total receipt of funds from the
214     program to exceed the proportional reimbursement rate.
215          Section 5. Section 63I-2-220 is amended to read:
216          63I-2-220. Repeal dates, Title 20A.
217          [On January 1, 2017:]
218          [(1) in Subsection 20A-1-102(71), the language that states "State Board of Education
219     and" is repealed;]
220          [(2) in Subsection 20A-9-201(4)(a), the language that states "and State Board of
221     Education candidates" is repealed;]
222          [(3) Subsection 20A-9-201(9) is repealed;]
223          [(4) in Subsection 20A-9-403(4)(c), the language that states "State Board of Education
224     and" is repealed;]
225          [(5) in Subsection 20A-9-403(5)(a), the language that states "State Board of Education
226     or" is repealed; and]
227          [(6) Section 20A-14-104 is repealed.]
228          (1) Subsection 20A-5-803(8) is repealed July 1, 2023.
229          (2) Section 20A-5-804 is repealed July 1, 2023.
230          Section 6. Appropriation.
231          The following sums of money are appropriated for the fiscal year beginning July 1,
232     2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
233     fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
234     Act, the Legislature appropriates the following sums of money from the funds or accounts
235     indicated for the use and support of the government of the state of Utah.
236     ITEM 1
237          To the Governor's Office
238               From General Fund, One-time
$275,000

239               Schedule of Programs:
240                    Lieutenant Governor's Office               $275,000
241          The Legislature intends that:
242          (1) the Office of the Lieutenant Governor expend appropriations provided under this
243     item to implement the Voting Equipment Grant Program created under Section 20A-5-804; and
244          (2) under Section 63J-1-603, appropriations provided by this item not lapse at the close
245     of fiscal year 2018.