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7 LONG TITLE
8 General Description:
9 This bill changes processes related to elections.
10 Highlighted Provisions:
11 This bill:
12 ▸ creates requirements for an election officer who receives an invalid absentee ballot;
13 ▸ changes the time by which a county clerk is required to remove a deceased
14 individual's name from the official register;
15 ▸ makes changes to the process by which a paper ballot is adjudicated when a
16 question arises regarding a vote recorded on the paper ballot; and
17 ▸ makes technical changes.
18 Money Appropriated in this Bill:
19 None
20 Other Special Clauses:
21 This bill provides a coordination clause.
22 Utah Code Sections Affected:
23 AMENDS:
24 20A-2-305, as last amended by Laws of Utah 2012, Chapters 33 and 52
25 20A-3-302, as last amended by Laws of Utah 2015, Chapter 173
26 20A-3-305, as last amended by Laws of Utah 2016, Chapter 24
27 20A-4-104, as last amended by Laws of Utah 2006, Chapter 326
28 20A-4-105, as last amended by Laws of Utah 2013, Chapter 390
29 Utah Code Sections Affected by Coordination Clause:
30 20A-3-302, as last amended by Laws of Utah 2015, Chapter 173
31 20A-3-308, as last amended by Laws of Utah 2012, Chapter 309
32
33 Be it enacted by the Legislature of the state of Utah:
34 Section 1. Section 20A-2-305 is amended to read:
35 20A-2-305. Removing names from the official register -- General requirements.
36 (1) The county clerk may not remove a voter's name from the official register because
37 the voter has failed to vote in an election.
38 (2) The county clerk shall remove a voter's name from the official register if:
39 (a) the voter dies and the requirements of Subsection (3) are met;
40 (b) the county clerk, after complying with the requirements of Section 20A-2-306,
41 receives written confirmation from the voter that the voter no longer resides within the county
42 clerk's county;
43 (c) the county clerk has:
44 (i) obtained evidence that the voter's residence has changed;
45 (ii) mailed notice to the voter as required by Section 20A-2-306;
46 (iii) (A) received no response from the voter; or
47 (B) not received information that confirms the voter's residence; and
48 (iv) the voter has failed to vote or appear to vote in an election during the period
49 beginning on the date of the notice described in Section 20A-2-306 and ending on the day after
50 the date of the second regular general election occurring after the date of the notice;
51 (d) the voter requests, in writing, that the voter's name be removed from the official
52 register;
53 (e) the county clerk receives a returned voter identification card, determines that there
54 was no clerical error causing the card to be returned, and has no further information to contact
55 the voter;
56 (f) the county clerk receives notice that a voter has been convicted of any felony or a
57 misdemeanor for an offense under this title and the voter's right to vote has not been restored as
58 provided in Section 20A-2-101.3 or 20A-2-101.5; or
59 (g) the county clerk receives notice that a voter has registered to vote in another state
60 after the day on which the voter registered to vote in this state.
61 (3) The county clerk shall remove a voter's name from the [
62
63 clerk receives confirmation from the Department of Health's Bureau of Vital Records that [
64 the voter is deceased.
65 Section 2. Section 20A-3-302 is amended to read:
66 20A-3-302. Conducting entire election by absentee ballot.
67 (1) (a) Notwithstanding Section 17B-1-306, an election officer may administer an
68 election entirely by absentee ballot.
69 (b) An election officer who administers an election entirely by absentee ballot, except
70 for an election conducted under Section 20A-7-609.5, shall, before the following dates, notify
71 the lieutenant governor that the election will be administered entirely by absentee ballot:
72 (i) February 1 of an even-numbered year if the election is a regular general election; or
73 (ii) May 1 of an odd-numbered year if the election is a municipal general election.
74 (2) If the election officer decides to administer an election entirely by absentee ballot,
75 the election officer shall mail to each registered voter within that voting precinct:
76 (a) an absentee ballot;
77 (b) for an election administered by a county clerk, information regarding the location
78 and hours of operation of any election day voting center at which the voter may vote;
79 (c) a courtesy reply mail envelope;
80 (d) instructions for returning the ballot that include an express notice about any
81 relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
82 (e) for an election administered by an election officer other than a county clerk, if the
83 election officer does not operate a polling location or an election day voting center, a warning,
84 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
85 the instructions included with the absentee ballot, the voter will be unable to vote in that
86 election because there will be no polling place in the voting precinct on the day of the election.
87 (3) A voter who votes by absentee ballot under this section is not required to apply for
88 an absentee ballot as required by this part.
89 (4) An election officer who administers an election entirely by absentee ballot shall:
90 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
91 the election; or
92 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
93 and
94 (b) maintain the signatures on file in the election officer's office.
95 (5) (a) Upon receiving the returned absentee ballots, the election officer shall compare
96 the signature on each absentee ballot with the voter's signature that is maintained on file and
97 verify that the signatures are the same.
98 (b) If the election officer questions the authenticity of the signature on the absentee
99 ballot, the election officer shall immediately contact the voter to verify the signature.
100 (c) If the election [
101 does not match the voter's signature that is maintained on file, the election officer shall contact
102 the voter by mail, email, or phone, and inform the voter :
103 (i) that the voter's signature is in question;
104 (ii) how the voter may resolve the issue;
105 (iii) that the voter shall sign and deliver an affidavit to the election officer attesting that
106 the voter voted the absentee ballot;
107 (iv) that the voter shall provide the voter's:
108 (A) name and date of birth; and
109 (B) driver license number or the last four digits of the voter's social security number;
110 and
111 (v) that by signing the absentee voter affidavit, the voter authorizes the lieutenant
112 governor's and county clerk's use of the applicant's signature on the affidavit for voter
113 identification purposes.
114 (d) A voter whom an election officer contacts under Subsection (5)(c) shall deliver the
115 affidavit described in Subsection (5)(c)(iii) to the election officer.
116 (e) An election officer who receives a signed affidavit under Subsection (5)(d) shall
117 immediately:
118 (i) scan the signature on the affidavit electronically and keep the signature on file in the
119 statewide voter registration database developed under Section 20A-2-109; and
120 [
121
122
123 [
124 (ii) if the canvass has not concluded, count the voter's ballot.
125 (f) An election officer may not count the ballot of a voter to whom the election officer
126 sends the notice described in Subsection (5)(c) if the election officer does not receive a signed
127 affidavit from the voter under Subsection (5)(d) or is not otherwise able to establish contact
128 with the voter to confirm the voter's identity.
129 (6) A county that administers an election entirely by absentee ballot:
130 (a) shall provide at least one election day voting center in accordance with Title 20A,
131 Chapter 3, Part 7, Election Day Voting Center;
132 (b) shall ensure that an election day voting center operated by the county has at least
133 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
134 Pub. L. No. 107-252, for individuals with disabilities; [
135 (c) is not required to pay return postage for an absentee ballot[
136 (d) is subject to an audit conducted under Subsection (7).
137 (7) (a) The lieutenant governor shall:
138 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
139 an election conducted under this section; and
140 (ii) after each primary, general, or special election conducted under this section, select
141 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
142 developed under Subsection (7)(a)(i).
143 (b) The lieutenant governor shall post the results of an audit conducted under this
144 Subsection (7) on the lieutenant governor's website.
145 Section 3. Section 20A-3-305 is amended to read:
146 20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
147 Affidavit.
148 (1) (a) Upon timely receipt of an absentee voter application properly filled out and
149 signed less than 30 days before the election, the election officer shall either:
150 (i) give the applicant an official absentee ballot and envelope to vote in the office; or
151 (ii) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
152 envelope printed as required in Subsection (2).
153 (b) No later than 21 days before election day, the election officer shall mail an official
154 absentee ballot, postage paid, to all absentee voters, other than to a uniformed-service voter or
155 an overseas voter, who have submitted a properly filled out and signed absentee voter
156 application before the day on which the ballots are mailed and enclose an envelope printed as
157 required by Subsection (2).
158 (2) The election officer shall ensure that:
159 (a) the name, official title, and post office address of the election officer is printed on
160 the front of the envelope; and
161 (b) the following is printed on the back of the envelope:
162 [
163
164 "County of ____ State of ____
165 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
166 in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election.
167 I am not a convicted felon currently incarcerated for commission of a felony.
168
______________________________
169
Signature of Absentee Voter"; and
170 (ii) a warning that the affidavit must be signed by the individual to whom the ballot
171 was sent and that the ballot will not be counted if the signature on the affidavit does not match
172 the signature on file with the election officer of the individual to whom the ballot was sent.
173 (3) If the election officer determines that the absentee voter is required to show valid
174 voter identification, the election officer shall:
175 (a) issue the voter a provisional ballot in accordance with Section 20A-3-105.5;
176 (b) instruct the voter to include a copy of the voter's valid voter identification with the
177 return ballot;
178 (c) provide the voter clear instructions on how to vote a provisional ballot; and
179 (d) comply with the requirements of Subsection (2).
180 Section 4. Section 20A-4-104 is amended to read:
181 20A-4-104. Counting ballots electronically.
182 (1) (a) Before beginning to count [
183 equipment, the election officer shall test the automatic tabulating equipment to ensure that it
184 will accurately count the votes cast for all offices and all measures.
185 (b) The election officer shall publish public notice of the time and place of the test at
186 least 48 hours before the test in one or more daily or weekly newspapers of general circulation
187 published in the county, municipality, or jurisdiction where the equipment is used.
188 (c) The election officer shall conduct the test by processing a preaudited group of
189 [
190 (d) The election officer shall ensure that:
191 (i) a predetermined number of valid votes for each candidate and measure are recorded
192 on the [
193 (ii) for each office, one or more ballot sheets have votes in excess of the number
194 allowed by law in order to test the ability of the automatic tabulating equipment to reject those
195 votes; and
196 (iii) a different number of valid votes are assigned to each candidate for an office, and
197 for and against each measure.
198 (e) If any error is detected, the election officer shall determine the cause of the error
199 and correct it.
200 (f) The election officer shall ensure that:
201 (i) the automatic tabulating equipment produces an errorless count before beginning
202 the actual counting; and
203 (ii) the automatic tabulating equipment passes the same test at the end of the count
204 before the election returns are approved as official.
205 (2) (a) The election officer or his designee shall supervise and direct all proceedings at
206 the counting center.
207 (b) (i) Proceedings at the counting center are public and may be observed by interested
208 persons.
209 (ii) Only those persons authorized to participate in the count may touch any ballot[
210
211 (c) The election officer shall deputize and administer an oath or affirmation to all
212 persons who are engaged in processing and counting the ballots that they will faithfully
213 perform their assigned duties.
214 (d) (i) Counting poll watchers appointed as provided in Section 20A-3-201 may
215 observe the testing of equipment and actual counting of the [
216 (ii) Those counting poll watchers may make independent tests of the equipment before
217 or after the vote count as long as the testing does not interfere in any way with the official
218 tabulation of the [
219 (3) If any ballot [
220 by the automatic tabulating equipment, the election officer shall ensure that two counting
221 judges jointly :
222 (a) [
223 identifying serial number;
224 (b) substitute the duplicate ballot for the damaged or defective ballot [
225 (c) label the duplicate ballot [
226 (d) record the duplicate [
227 defective ballot [
228 (4) The election officer may:
229 (a) conduct an unofficial count before conducting the official count in order to provide
230 early unofficial returns to the public;
231 (b) release unofficial returns from time to time after the polls close; and
232 (c) report the progress of the count for each candidate during the actual counting of
233 ballots.
234 (5) The election officer shall review and evaluate the provisional ballot envelopes and
235 prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
236 (6) (a) The election officer or his designee shall:
237 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
238 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
239 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
240 more votes for an office than that voter is entitled to vote for that office, the poll workers shall
241 count the valid write-in vote as being the obvious intent of the voter.
242 (7) (a) The election officer shall certify the return printed by the automatic tabulating
243 equipment, to which have been added write-in and absentee votes, as the official return of each
244 voting precinct.
245 (b) Upon completion of the count, the election officer shall make official returns open
246 to the public.
247 (8) If for any reason it becomes impracticable to count all or a part of the [
248 ballots with tabulating equipment, the election officer may direct that they be counted manually
249 according to the procedures and requirements of this part.
250 (9) After the count is completed, the election officer shall seal and retain the programs,
251 test materials, and ballots as provided in Section 20A-4-202.
252 Section 5. Section 20A-4-105 is amended to read:
253 20A-4-105. Standards and requirements for evaluating voter's ballot choices.
254 [
255
256 (1) (a) An election officer shall ensure that when a question arises regarding a vote
257 recorded on a paper ballot, two counting judges jointly adjudicate the ballot in accordance with
258 the requirements of this section.
259 (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
260 is adjudicated under this section, the counting judges may not count the vote.
261 (2) Except as provided in Subsection (11), if a voter marks more names than there are
262 [
263
264
265 office, the counting judges may not count the voter's vote for that office.
266 (3) The [
267 a paper ballot if:
268 (a) [
269 (b) there is no other mark or cross on the [
270 vote other than as indicated by the incomplete or defective mark.
271 (4) (a) When [
272 voted more than one straight ticket, the [
273 the ballot for party candidates.
274 (b) The [
275 remainder of the ballot is voted correctly.
276 (5) [
277 because of marks on the ballot other than those marks allowed by this section unless the
278 extraneous marks on a ballot [
279
280 individual's ballot can be identified.
281 (6) (a) In counting the ballots, the [
282 consideration to the intent of the voter.
283 (b) The [
284 [
285 for balloting required by Chapter 3, Voting.
286 (7) The [
287 (a) stamping or writing [
288 (b) delivering the wrong ballots to [
289 (8) The [
290 the official endorsement by an election officer.
291 (9) The [
292 candidate vote for which the voter is not [
293 Section 20A-4-107.
294 (10) If the [
295 [
296 transposed or omitted in [
297 counting judges shall count [
298 voter intended to vote for [
299 (11) The [
300 president of any political party as a vote for the presidential electors selected by the political
301 party.
302 (12) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has
303 cast more votes for an office than that voter is entitled to vote for that office, the counting
304 judges shall count the valid write-in vote as being the obvious intent of the voter.
305 Section 6. Coordinating H.B. 230 with H.B. 12 -- Substantive and technical
306 amendments.
307 If this H.B. 230 and H.B. 12, Disposition of Ballots Amendments, both pass and
308 become law, it is the intent of the Legislature that the Office of Legislative Research and
309 General Counsel prepare the Utah Code database for publication as follows:
310 (1) Section 20A-3-302 is amended to read:
311 "20A-3-302. Conducting entire election by absentee ballot.
312 (1) (a) Notwithstanding Section 17B-1-306, an election officer may administer an
313 election entirely by absentee ballot.
314 (b) An election officer who administers an election entirely by absentee ballot, except
315 for an election conducted under Section 20A-7-609.5, shall, before the following dates, notify
316 the lieutenant governor that the election will be administered entirely by absentee ballot:
317 (i) February 1 of an even-numbered year if the election is a regular general election; or
318 (ii) May 1 of an odd-numbered year if the election is a municipal general election.
319 (2) If the election officer decides to administer an election entirely by absentee ballot,
320 the election officer shall mail to each registered voter within that voting precinct:
321 (a) an absentee ballot;
322 (b) for an election administered by a county clerk, information regarding the location
323 and hours of operation of any election day voting center at which the voter may vote;
324 (c) a courtesy reply mail envelope;
325 (d) instructions for returning the ballot that include an express notice about any
326 relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
327 (e) for an election administered by an election officer other than a county clerk, if the
328 election officer does not operate a polling location or an election day voting center, a warning,
329 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
330 the instructions included with the absentee ballot, the voter will be unable to vote in that
331 election because there will be no polling place in the voting precinct on the day of the election.
332 (3) A voter who votes by absentee ballot under this section is not required to apply for
333 an absentee ballot as required by this part.
334 (4) An election officer who administers an election entirely by absentee ballot shall:
335 (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
336 the election; or
337 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
338 and
339 (b) maintain the signatures on file in the election officer's office.
340 (5) [
341 ballot, the election officer shall [
342
343 process the ballot under Section 20A-3-308.
344 [
345
346 [
347
348 [
349
350
351 [
352 (6) A county that administers an election entirely by absentee ballot:
353 (a) shall provide at least one election day voting center in accordance with Title 20A,
354 Chapter 3, Part 7, Election Day Voting Center;
355 (b) shall ensure that an election day voting center operated by the county has at least
356 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
357 Pub. L. No. 107-252, for individuals with disabilities; [
358 (c) is not required to pay return postage for an absentee ballot[
359 (d) is subject to an audit conducted under Subsection (7).
360 (7) (a) The lieutenant governor shall:
361 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
362 an election conducted under this section; and
363 (ii) after each primary, general, or special election conducted under this section, select
364 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
365 developed under Subsection (7)(a)(i).
366 (b) The lieutenant governor shall post the results of an audit conducted under this
367 Subsection (7) on the lieutenant governor's website."; and
368 (2) Subsections 20A-3-308(5) through (9) are amended to read:
369 "[
370
371 [
372
373 [
374
375 [
376
377 (5) (a) If the election officer rejects an individual's absentee ballot because the election
378 officer determines that the signature on the ballot does not match the individual's signature that
379 is maintained on file, the election officer shall contact the individual in accordance with
380 Subsection (7) by mail, email, text message, or phone, and inform the individual:
381 (i) that the individual's signature is in question;
382 (ii) how the individual may resolve the issue;
383 (iii) that, in order for the ballot to be counted, the individual is required to deliver to
384 the election officer a correctly completed affidavit, provided by the county clerk, that meets the
385 requirements described in Subsection (5)(b).
386 (b) An affidavit described in Subsection (5)(a)(iii) shall include:
387 (i) an attestation that the individual voted the absentee ballot;
388 (ii) a space for the individual to enter the individual's name, date of birth, and driver
389 license number or the last four digits of the individual's social security number;
390 (iii) a space for the individual to sign the affidavit; and
391 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
392 governor's and county clerk's use of the individual's signature on the affidavit for voter
393 identification purposes.
394 (c) In order for an individual described in Subsection (5)(a) to have the individual's
395 ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
396 election officer.
397 (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
398 immediately:
399 (i) scan the signature on the affidavit electronically and keep the signature on file in the
400 statewide voter registration database developed under Section 20A-2-109; and
401 (ii) if the canvass has not concluded, count the individual's ballot.
402 (6) An election officer who rejects an individual's absentee ballot for any reason, other
403 than the reason described in Subsection (5)(a), shall notify the individual of the rejection in
404 accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
405 for the rejection.
406 (7) An election officer who is required to give notice under Subsection (5) or (6) shall
407 give the notice no later than:
408 (a) if the election officer rejects the absentee ballot before election day:
409 (i) one business day after the day on which the election officer rejects the absentee
410 ballot, if the election officer gives the notice by email or text message; or
411 (ii) two business days after the day on which the election officer rejects the absentee
412 ballot, if the election officer gives the notice by postal mail or phone;
413 (b) seven days after election day if the election officer rejects the absentee ballot on
414 election day; or
415 (c) seven days after the canvass if the election officer rejects the absentee ballot after
416 election day and before the end of the canvass.
417 (8) An election officer may not count the absentee ballot of an individual whom the
418 election officer contacts under Subsection (5) or (6) unless the election officer receives a signed
419 affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact
420 with the individual to confirm the individual's identity.
421 [
422 the manner provided by law for the retention and preservation of official ballots voted at that
423 election.".