1     
VOTER REGISTRATION AMENDMENTS

2     
2017 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Rebecca Chavez-Houck

5     
Senate Sponsor: Deidre M. Henderson

6     

7     LONG TITLE
8     General Description:
9          This bill amends voter registration provisions in the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that an otherwise eligible voter may register to vote, and vote, by casting a
13     provisional ballot on election day or during the early voting period;
14          ▸     amends provisions relating to voter registration deadlines and the information
15     provided to applicants for voter registration;
16          ▸     changes the deadline for filing an absentee ballot application and for casting an
17     absentee ballot in person;
18          ▸     provides a sunset date for the provisions of this bill, other than technical and
19     conforming changes;
20          ▸     requires the lieutenant governor to report to the Government Operations Interim
21     Committee regarding implementation of the provisions of this bill; and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
29          20A-2-102.5, as last amended by Laws of Utah 2014, Chapters 98 and 231
30          20A-2-201, as last amended by Laws of Utah 2015, Chapters 130 and 394
31          20A-2-202, as last amended by Laws of Utah 2015, Chapter 130
32          20A-2-204, as last amended by Laws of Utah 2015, Chapter 130
33          20A-2-205, as last amended by Laws of Utah 2015, Chapter 130
34          20A-2-206, as last amended by Laws of Utah 2015, Chapter 130
35          20A-2-307, as last amended by Laws of Utah 2015, Chapter 79
36          20A-3-304, as last amended by Laws of Utah 2015, Chapter 394
37          20A-3-306, as last amended by Laws of Utah 2015, Chapter 124
38          20A-3-601, as last amended by Laws of Utah 2015, Chapter 79
39          20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
40     by Coordination Clause, Laws of Utah 2014, Chapter 231
41          63I-1-220, as last amended by Laws of Utah 2016, Chapters 176 and 348
42     ENACTS:
43          20A-2-207, Utah Code Annotated 1953
44     

45     Be it enacted by the Legislature of the state of Utah:
46          Section 1. Section 20A-2-102.5 is amended to read:
47          20A-2-102.5. Voter registration deadline.
48          (1) Except as provided in Section 20A-2-201, 20A-2-206, 20A-2-207, or 20A-4-107[,]
49     or Chapter 16, Uniform Military and Overseas Voters Act, a person who fails to submit a
50     correctly completed voter registration form on or before the voter registration deadline may not
51     vote in the election.
52          (2) The voter registration deadline is 30 calendar days before the date of the election.
53          Section 2. Section 20A-2-201 is amended to read:
54          20A-2-201. Registering to vote at office of county clerk.
55          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
56     individual who registers in person at the county clerk's office during designated office hours if
57     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
58     the county in accordance with Section 20A-2-101.
59          (2) If an individual who is registering to vote submits a registration form in person at
60     the office of the county clerk during designated office hours, during the period beginning on
61     the date after the voter registration deadline and ending on the date that is 15 calendar days
62     before the date of the election, the county clerk shall:
63          (a) accept the form if the individual, on the date of the election, will be legally
64     qualified and entitled to vote in a voting precinct in the county; and
65          (b) inform the individual that the individual will be registered to vote in the pending
66     election.
67          (3) If an individual who is registering to vote and who will be legally qualified and
68     entitled to vote in a voting precinct in the county on the date of an election appears in person,
69     during designated office hours, and submits a registration form on the date of the election or
70     during the 14 calendar days before an election, the county clerk shall:
71          (a) accept the registration form; and
72          (b) (i) if [it is] the individual submits the registration form seven or more calendar days
73     before the date of an election, inform the individual that:
74          (A) [inform the individual that] the individual is registered to vote in the pending
75     election; and
76          (B) for the pending election, the individual must vote on the day of the election [and is
77     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting] or by provisional
78     ballot, under Section 20A-2-207, during the early voting period described in Section
79     20A-3-601, because the individual registered [too] late; or
80          (ii) [except as provided in Subsection 20A-4-108(5), if it is] if the individual submits
81     the registration form on the date of an election or during the six calendar days before an
82     election, inform the individual [that the individual]:
83          (A) of each manner still available to the individual to timely register to vote in the
84     current election; and
85          (B) that, if the individual does not timely register in a manner described in Subsection
86     (3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
87     because the individual registered [too] late.
88          Section 3. Section 20A-2-202 is amended to read:
89          20A-2-202. Registration by mail.
90          (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
91          (b) To register by mail, a citizen shall complete and sign the by-mail registration form
92     and mail or deliver it to the county clerk of the county in which the citizen resides.
93          (c) In order to register to vote in a particular election, the citizen shall:
94          (i) address the by-mail voter registration form to the county clerk; and
95          (ii) ensure that [it] the by-mail voter registration form is postmarked on or before the
96     voter registration deadline or is otherwise marked by the post office as received by the post
97     office on or before the voter registration deadline.
98          (d) The citizen has effectively registered to vote under this section only when the
99     county clerk's office has received a correctly completed by-mail voter registration form.
100          (2) Upon receipt of a correctly completed by-mail voter registration form, the county
101     clerk shall, unless the individual named in the form is preregistering to vote:
102          (a) enter the applicant's name on the list of registered voters for the voting precinct in
103     which the applicant resides; and
104          (b) mail confirmation of registration to the newly registered voter after entering the
105     applicant's voting precinct number on that copy.
106          (3) [(a)] If the county clerk receives a correctly completed by-mail voter registration
107     form that is postmarked after the voter registration deadline, and is not otherwise marked by
108     the post office as received by the post office before the voter registration deadline, the county
109     clerk shall[, unless]:
110          (a) if the individual named in the form is preregistering to vote[: (i)], comply with
111     Section 20A-2-101.1; or
112          (b) (i) unless the individual timely registers to vote in the current election in a
113     manner that permits registration after the voter registration deadline, register the [applicant]
114     individual after the next election; and
115          (ii) if possible, promptly [phone or] mail a notice to, or otherwise notify, the
116     [applicant] individual before the election, informing the [applicant that his] individual:
117          (A) of each manner still available to the individual to timely register to vote in the
118     current election; and
119          (B) that, if the individual does not timely register in a manner described in Subsection
120     (3)(b)(ii)(A), the individual's registration will not be effective until after the election.
121          [(b)] (4) When the county clerk receives a correctly completed by-mail voter
122     registration form at least seven days before an election that is postmarked on or before the date
123     of the voter registration deadline, or is otherwise marked by the post office as received by the
124     post office on or before the voter registration deadline, the county clerk shall:
125          [(i)] (a) process the by-mail voter registration form; and
126          [(ii)] (b) record the new voter in the official register.
127          [(4)] (5) If the county clerk determines that a registration form received by mail or
128     otherwise is incorrect because of an error or because it is incomplete, the county clerk shall
129     mail notice to the person attempting to register or preregister, stating that the person has not
130     been registered or preregistered because of an error or because the form is incomplete.
131          Section 4. Section 20A-2-204 is amended to read:
132          20A-2-204. Registering to vote when applying for or renewing a driver license.
133          (1) As used in this section, "voter registration form" means the driver license
134     application/voter registration form and the driver license renewal/voter registration form
135     required by Section 20A-2-108.
136          (2) Any citizen who is qualified to vote may register to vote, and any citizen who is
137     qualified to preregister to vote may preregister to vote, by completing the voter registration
138     form.
139          (3) The Driver License Division shall:
140          (a) assist applicants in completing the voter registration form unless the applicant
141     refuses assistance;
142          (b) accept a completed voter registration form and transmit the form to the county clerk
143     of the county in which the applicant resides within five days after the day on which the division
144     receives the form;
145          (c) transmit each address change within five days after the day on which the division
146     receives the address change; and
147          (d) transmit electronically to the lieutenant governor's office the name, address, birth
148     date, and driver license number of each individual who answers "yes" to a question described
149     in Subsection 20A-2-108(1), and indicate whether the individual is registering or preregistering
150     to vote.
151          (4) (a) Upon receipt of a correctly completed voter registration form from an individual
152     who is registering to vote, the county clerk shall:
153          (i) enter the applicant's name on the list of registered voters for the voting precinct in
154     which the applicant resides; and
155          (ii) notify the applicant of registration.
156          (b) Upon receipt of a correctly completed voter registration form from an individual
157     who is preregistering to vote, the county clerk shall process the form in accordance with the
158     requirements of Section 20A-2-101.1.
159          (5) [(a)] If the county clerk receives a correctly completed voter registration form that is
160     dated after the voter registration deadline, the county clerk shall[, unless]:
161          (a) if the individual named in the form is preregistering to vote[:(i)], comply with
162     Section 20A-2-101.1; or
163          (b) (i) unless the individual timely registers to vote in the current election in a manner
164     that permits registration after the voter registration deadline, register the [applicant] individual
165     after the next election; and
166          (ii) if possible, promptly phone or mail a notice to the applicant before the election,
167     informing the [applicant that his] individual:
168          (A) of each manner still available to the individual to timely register to vote in the
169     current election; and
170          (B) that, if the individual does not timely register in a manner described in Subsection
171     (5)(b)(ii)(A), the individual's registration will not be effective until after the election.
172          [(b)] (6) When the county clerk receives a correctly completed voter registration form
173     at least seven days before an election that is dated on or before the voter registration deadline,
174     the county clerk shall, unless the individual named in the form is preregistering to vote:
175          [(i)] (a) process the voter registration form; and
176          [(ii)] (b) record the new voter in the official register.
177          [(6)] (7) If the county clerk determines that a voter registration form received from the
178     Driver License Division is incorrect because of an error or because it is incomplete, the county
179     clerk shall mail notice to the individual attempting to register or preregister to vote, stating that
180     the individual has not been registered or preregistered because of an error or because the form
181     is incomplete.
182          Section 5. Section 20A-2-205 is amended to read:
183          20A-2-205. Registration at voter registration agencies.
184          (1) As used in this section:
185          (a) "Discretionary voter registration agency" means the same as that term is defined in
186     Section 20A-2-300.5.
187          (b) "Public assistance agency" means each office in Utah that provides:
188          (i) public assistance; or
189          (ii) state funded programs primarily engaged in providing services to people with
190     disabilities.
191          (2) An individual may obtain and complete a by-mail registration form at a public
192     assistance agency or discretionary voter registration agency.
193          (3) Each public assistance agency and discretionary voter registration agency shall
194     provide, either as part of existing forms or on a separate form, the following information in
195     substantially the following form:
196          "REGISTERING TO VOTE
197          If you are not registered to vote where you live now, would you like to apply to register
198     or preregister to vote here today? (The decision of whether to register or preregister to vote will
199     not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
200     IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
201     DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
202     would like help in filling out the voter registration form, we will help you. The decision about
203     whether to seek or accept help is yours. You may fill out the application form in private. If
204     you believe that someone has interfered with your right to register or preregister or to decline to
205     register or preregister to vote, your right to privacy in deciding whether to register or
206     preregister, or in applying to register or preregister to vote, or your right to choose your own
207     political party or other political preference, you may file a complaint with the Office of the
208     Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
209     of the Office of the Lieutenant Governor)."
210          (4) Unless a person applying for service or assistance from a public assistance agency
211     or discretionary voter registration agency declines, in writing, to register or preregister to vote,
212     each public assistance agency and discretionary voter registration agency shall:
213          (a) distribute a by-mail voter registration form with each application for service or
214     assistance provided by the agency or office;
215          (b) assist applicants in completing the voter registration form unless the applicant
216     refuses assistance;
217          (c) accept completed forms for transmittal to the appropriate election official; and
218          (d) transmit a copy of each voter registration form to the appropriate election official
219     within five days after it is received by the division.
220          (5) A person in a public assistance agency or a discretionary voter registration agency
221     that helps a person complete the voter registration form may not:
222          (a) seek to influence an applicant's political preference or party registration;
223          (b) display any political preference or party allegiance;
224          (c) make any statement to an applicant or take any action that has the purpose or effect
225     of discouraging the applicant from registering to vote; or
226          (d) make any statement to an applicant or take any action that has the purpose or effect
227     of leading the applicant to believe that a decision of whether to register or preregister has any
228     bearing upon the availability of services or benefits.
229          (6) Upon receipt of a correctly completed voter registration form, the county clerk
230     shall, unless the individual named in the form is preregistering to vote:
231          (a) enter the applicant's name on the list of registered voters for the voting precinct in
232     which the applicant resides; and
233          (b) notify the applicant of registration.
234          (7) [(a)] If the county clerk receives a correctly completed voter registration form that is
235     dated after the voter registration deadline, the county clerk shall[, unless]:
236          (a) if the individual named in the form is preregistering to vote[:(i)], comply with
237     Section 20A-2-101.1; or
238          (b) (i) unless the individual timely registers to vote in the current election in a manner
239     that permits registration after the voter registration deadline, register the [applicant] individual
240     after the next election; and
241          (ii) if possible, promptly phone or mail a notice to the [applicant] individual before the
242     election, informing the [applicant that his] individual:
243          (A) of each manner still available to the individual to timely register to vote in the
244     current election; and
245          (B) that, if the individual does not timely register in a manner described in Subsection
246     (7)(b)(ii)(A), the individual's registration will not be effective until after the election.
247          [(b)] (8) When the county clerk receives a correctly completed voter registration form
248     at least seven days before an election that is dated on or before the voter registration deadline,
249     the county clerk shall:
250          [(i)] (a) process the voter registration form; and
251          [(ii)] (b) record the new voter in the official register.
252          [(8)] (9) If the county clerk determines that a voter registration form received from a
253     public assistance agency or discretionary voter registration agency is incorrect because of an
254     error or because it is incomplete, the county clerk shall mail notice to the individual attempting
255     to register or preregister to vote, stating that the individual has not been registered or
256     preregistered to vote because of an error or because the form is incomplete.
257          Section 6. Section 20A-2-206 is amended to read:
258          20A-2-206. Electronic registration -- Requests for absentee ballot application.
259          (1) The lieutenant governor may create and maintain an electronic system that is
260     publicly available on the Internet for an individual to apply for voter registration or
261     preregistration and for an individual to request an absentee ballot.
262          (2) An electronic system for voter registration or preregistration shall require:
263          (a) that an applicant have a valid driver license or identification card, issued under Title
264     53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
265     of residence;
266          (b) that the applicant provide the information required by Section 20A-2-104, except
267     that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
268     and (4);
269          (c) that the applicant attest to the truth of the information provided; and
270          (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
271     applicant's:
272          (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
273     Uniform Driver License Act, for voter registration purposes; or
274          (ii) signature on file in the lieutenant governor's statewide voter registration database
275     developed under Section 20A-2-109.
276          (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
277     voter registration or preregistration created under this section is not required to complete a
278     printed registration form.
279          (4) A system created and maintained under this section shall provide the notices
280     concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
281          (5) The lieutenant governor shall:
282          (a) obtain a digital copy of the applicant's driver license or identification card signature
283     from the Driver License Division; or
284          (b) ensure that the applicant's signature is already on file in the lieutenant governor's
285     statewide voter registration database developed under Section 20A-2-109.
286          (6) The lieutenant governor shall send the information to the county clerk for the
287     county in which the applicant's principal place of residence is found for further action as
288     required by Section 20A-2-304 after:
289          (a) receiving all information from an applicant; and
290          (b) (i) receiving all information from the Driver License Division; or
291          (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
292     statewide voter registration database developed under Section 20A-2-109.
293          (7) The lieutenant governor may use additional security measures to ensure the
294     accuracy and integrity of an electronically submitted voter registration.
295          (8) [(a)] If an individual applies to register under this section during the period
296     beginning on the date after the voter registration deadline and ending on the date that is 15
297     calendar days before the date of an election, the county clerk shall, unless the individual is
298     preregistering to vote:
299          [(i)] (a) accept the application for registration if the individual, on the date of the
300     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
301          [(ii)] (b) inform the individual that the individual is registered to vote in the pending
302     election.
303          [(b)] (9) If an individual applies to register under this section during the period
304     beginning on the date that is 14 calendar days before the election and ending on the date that is
305     seven calendar days before the election, the county clerk shall, unless the individual is
306     preregistering to vote:
307          [(i)] (a) accept the application for registration if the individual, on the date of the
308     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
309          [(ii)] (b) inform the individual that:
310          [(A)] (i) the individual is registered to vote in the pending election; and
311          [(B)] (ii) for the pending election, the individual must vote on the day of the election
312     and is not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
313     individual registered too late.
314          [(c)] (10) If an individual applies to register under this section during the six calendar
315     days before an election, the county clerk shall[, unless]:
316          (a) if the individual is preregistering to vote[: (i)], comply with Section 20A- 2-101.1;
317     or
318          (b) (i) unless the individual timely registers to vote in the current election in a manner
319     that permits registration after the voter registration deadline, accept the application for
320     registration if the individual, on the date of the election, will be legally qualified and entitled to
321     vote in a voting precinct in the state; and
322          (ii) inform the individual [that the individual]:
323          (A) of each manner still available to the individual to timely register to vote in the
324     current election; and
325          (B) that, if the individual does not timely register in a manner described in Subsection
326     (10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
327     because the individual registered [too] late.
328          [(9)] (11) (a) A registered voter may file an application for an absentee ballot in
329     accordance with Section 20A-3-304 on the electronic system for voter registration established
330     under this section.
331          (b) The lieutenant governor shall provide a means by which a registered voter shall
332     sign the application form as provided in Section 20A-3-304.
333          Section 7. Section 20A-2-207 is enacted to read:
334          20A-2-207. Registration by provisional ballot.
335          (1) An individual who is not registered to vote may register to vote, and vote, on
336     election day or during the early voting period described in Section 20A-3-601, by voting a
337     provisional ballot, if:
338          (a) the individual is otherwise legally entitled to vote the ballot;
339          (b) the ballot is identical to the ballot for the precinct in which the individual resides;
340          (c) the information on the provisional ballot form is complete; and
341          (d) the individual provides valid voter identification and proof of residence to the poll
342     worker.
343          (2) If a provisional ballot and the individual who voted the ballot comply with the
344     requirements described in Subsection (1), the election officer shall:
345          (a) consider the provisional ballot a voter registration form;
346          (b) place the ballot with the absentee ballots, to be counted with those ballots at the
347     canvass; and
348          (c) as soon as reasonably possible, register the individual to vote.
349          (3) Except as provided in Subsection (4), the election officer shall retain a provisional
350     ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
351     determines that the individual who voted the ballot:
352          (a) is not registered to vote and is not eligible for registration under this section; or
353          (b) is not legally entitled to vote the ballot that the individual voted.
354          (4) Subsection (3) does not apply if a court orders the election officer to produce or
355     count the provisional ballot.
356          (5) The lieutenant governor shall report to the Government Operations Interim
357     Committee on or before October 31, 2018, and on or before October 31, 2020, regarding:
358          (a) implementation of registration by provisional ballot, as described in this section, on
359     a statewide basis;
360          (b) any difficulties resulting from the implementation described in Subsection (5)(a);
361          (c) the effect of registration by provisional ballot on voter participation in Utah;
362          (d) the number of ballots cast by voters who registered by provisional ballot:
363          (i) during the early voting period described in Section 20A-3-601; and
364          (ii) on election day; and
365          (e) suggested changes in the law relating to registration by provisional ballot.
366          Section 8. Section 20A-2-307 is amended to read:
367          20A-2-307. County clerks' instructions to election judges.
368          (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
369     ballot if:
370          (a) the voter has moved from one address within a voting precinct to another address
371     within the same voting precinct; and
372          (b) the voter affirms the change of address orally or in writing before the election
373     judges.
374          (2) Each county clerk shall instruct election judges to allow [a person] an individual to
375     vote a provisional ballot if:
376          (a) the individual is not registered to vote, but is otherwise legally entitled to vote
377     under Section 20A-2-207;
378          [(a)] (b) the voter's name does not appear on the official register; or
379          [(b)] (c) the voter is challenged as provided in Section 20A-3-202.
380          Section 9. Section 20A-3-304 is amended to read:
381          20A-3-304. Application for absentee ballot -- Time for filing and voting.
382          (1) (a) Any registered voter who wishes to vote an absentee ballot may either:
383          (i) file an absentee ballot application:
384          (A) on the electronic system maintained by the lieutenant governor under Section
385     20A-2-206; or
386          (B) with the appropriate election officer for an official absentee ballot as provided in
387     this section; or
388          (ii) vote in person at the office of the appropriate election officer as provided in Section
389     20A-3-306.
390          (b) A person that collects a completed absentee ballot application from a registered
391     voter shall file the completed absentee ballot application with the appropriate election official
392     before the earlier of:
393          (i) 14 days after the day on which the registered voter signed the absentee ballot form;
394     or
395          (ii) the [Thursday] Tuesday before the next election.
396          (2) As it relates to an absentee ballot application to be filled out entirely by the voter:
397          (a) except as provided in Subsection (2)(b), the lieutenant governor or election officer
398     shall approve an application form for absentee ballot applications:
399          (i) in substantially the following form:
400          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
401     apply for an official absentee ballot to be voted by me at the election.
402          Date ________ (month\day\year) Signed ___________________________
403                                             Voter"; and
404          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
405     status:
406          (A) until the voter requests otherwise at a future date; or
407          (B) until a date specified by the voter in the application form; and
408          (b) the lieutenant governor or election officer shall approve an application form for
409     regular primary elections and for the Western States Presidential Primary:
410          (i) in substantially the following form:
411          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
412     apply for an official absentee ballot for the _______________ political party to be voted by me
413     at the primary election.
414          I understand that I must be affiliated with or authorized to vote the political party's
415     ballot that I request.
416          Dated _________ (month\day\year) ____ Signed ___________________________
417                                                  Voter"; and
418          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
419     status:
420          (A) until the voter requests otherwise at a future date; or
421          (B) until a date specified by the voter in the application form.
422          (3) If requested by the applicant, the election officer shall:
423          (a) mail or fax the application form to the absentee voter; or
424          (b) deliver the application form to any voter who personally applies for it at the office
425     of the election officer.
426          (4) As it relates to an absentee ballot application to be filled out for, and finished and
427     signed by, a voter:
428          (a) except as provided in Subsection (4)(b), the lieutenant governor or election officer
429     shall approve an application form for absentee ballot applications:
430          (i) in substantially the following form:
431          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
432     apply for an official absentee ballot to be voted by me at the election.
433          I understand that a person that collects this absentee ballot application is required to file
434     it with the appropriate election official before the earlier of fourteen days after the day on
435     which I sign the application or the [Thursday] Tuesday before the next election.
436          This form is provided by (insert name of person or organization).
437          I have verified that the information on this application is correct.
438          I understand that I will receive a ballot at the following address: (insert address and an
439     adjacent check box);
440          OR
441          I request that the ballot be mailed to the following address: (insert blank space for an
442     address and an adjacent check box).
443          Date ________ (month\day\year) Signed ___________________________
444          Voter"; and
445          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
446     status:
447          (A) until the voter requests otherwise at a future date; or
448          (B) until a date specified by the voter in the application form; and
449          (b) the lieutenant governor or election officer shall approve an application form for
450     regular primary elections and for the Western States Presidential Primary:
451          (i) in substantially the following form:
452          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
453     apply for an official absentee ballot for the _______________ political party to be voted by me
454     at the primary election.
455          I understand that I must be affiliated with or authorized to vote the political party's
456     ballot that I request. I understand that a person that collects this absentee ballot application is
457     required to file it with the appropriate election official before the earlier of fourteen days after
458     the day on which I sign the application or the [Thursday] Tuesday before the next primary
459     election.
460          This form is provided by (insert name of person or organization).
461          I have verified that the information on this application is correct.
462          I understand that I will receive a ballot at the following address: (insert address and an
463     adjacent check box);
464          OR
465          I request that the ballot be mailed to the following address: (insert blank space for an
466     address and an adjacent check box).
467          Dated _________ (month\day\year) ____ Signed ___________________________
468          Voter"; and
469          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
470     status:
471          (A) until the voter requests otherwise at a future date; or
472          (B) until a date specified by the voter in the application form.
473          (5) The forms described in Subsections (2) and (4) shall contain instructions on how a
474     voter may cancel an absentee ballot application.
475          (6) Except as provided in Subsection 20A-3-306(2)(a), a voter who wishes to vote by
476     absentee ballot shall file the application for an absentee ballot with the lieutenant governor or
477     appropriate election officer no later than the [Thursday] Tuesday before election day.
478          (7) (a) A county clerk shall establish an absentee voter list containing the name of each
479     voter who:
480          (i) requests absentee voter status; and
481          (ii) meets the requirements of this section.
482          (b) A county clerk may not remove a voter's name from the list described in Subsection
483     (7)(a) unless:
484          (i) the voter is no longer listed in the official register;
485          (ii) the voter cancels the voter's absentee status; or
486          (iii) the voter's name is removed on the date specified by the voter on the absentee
487     ballot application form.
488          (c) (i) Each year, the clerk shall mail a questionnaire to each voter whose name is on
489     the absentee voter list.
490          (ii) The questionnaire shall allow the voter to:
491          (A) verify the voter's residence; or
492          (B) cancel the voter's absentee status.
493          (d) The clerk shall provide a copy of the absentee voter list to election officers for use
494     in elections.
495          Section 10. Section 20A-3-306 is amended to read:
496          20A-3-306. Voting ballot -- Returning ballot.
497          (1) (a) Except as provided by Section 20A-1-308, to vote a mail-in absentee ballot, the
498     absentee voter shall:
499          (i) complete and sign the affidavit on the envelope;
500          (ii) mark the votes on the absentee ballot;
501          (iii) place the voted absentee ballot in the envelope;
502          (iv) securely seal the envelope; and
503          (v) attach postage, unless voting in accordance with Section 20A-3-302, and deposit
504     the envelope in the mail or deliver it in person to the election officer from whom the ballot was
505     obtained.
506          (b) Except as provided by Section 20A-1-308, to vote an absentee ballot in person at
507     the office of the election officer, the absent voter shall:
508          (i) complete and sign the affidavit on the envelope;
509          (ii) mark the votes on the absent-voter ballot;
510          (iii) place the voted absent-voter ballot in the envelope;
511          (iv) securely seal the envelope; and
512          (v) give the ballot and envelope to the election officer.
513          (2) Except as provided by Section 20A-1-308, an absentee ballot is not valid unless:
514          (a) in the case of an absentee ballot that is voted in person, the ballot is:
515          (i) applied for and cast in person at the office of the appropriate election officer no later
516     than the [Thursday] Tuesday before election day; or
517          (ii) submitted on election day at a polling location in the political subdivision where
518     the absentee voter resides;
519          (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
520          (i) clearly postmarked before election day, or otherwise clearly marked by the post
521     office as received by the post office before election day; and
522          (ii) received in the office of the election officer before noon on the day of the official
523     canvass following the election; or
524          (c) in the case of a military-overseas ballot, the ballot is submitted in accordance with
525     Section 20A-16-404.
526          (3) An absentee voter may submit a completed absentee ballot at a polling location in a
527     political subdivision holding the election, if the absentee voter resides in the political
528     subdivision.
529          (4) An absentee voter may submit an incomplete absentee ballot at a polling location
530     for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
531     vote in person.
532          Section 11. Section 20A-3-601 is amended to read:
533          20A-3-601. Early voting.
534          (1) (a) An individual who is registered to vote may vote before the election date in
535     accordance with this section.
536          (b) An individual who is not registered to vote may register to vote and vote before the
537     election date in accordance with this section if the individual:
538          (i) is otherwise legally entitled to vote the ballot [in a jurisdiction that is approved by
539     the lieutenant governor to participate in the pilot project described in Section 20A-4-108]; and
540          (ii) casts a provisional ballot in accordance with Section [20A-4-108] 20A-2-207.
541          (2) Except as provided in Section 20A-1-308, the early voting period shall:
542          (a) begin on the date that is 14 days before the date of the election; and
543          (b) continue through the Friday before the election if the election date is a Tuesday.
544          (3) Except as provided in Section 20A-1-308, during the early voting period, the
545     election officer:
546          (a) for a local special election, a municipal primary election, and a municipal general
547     election:
548          (i) shall conduct early voting on a minimum of four days during each week of the early
549     voting period; and
550          (ii) shall conduct early voting on the last day of the early voting period; and
551          (b) for all other elections:
552          (i) shall conduct early voting on each weekday; and
553          (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
554          (4) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
555     early voting shall be administered according to the requirements of this title.
556          Section 12. Section 20A-4-107 is amended to read:
557          20A-4-107. Review and disposition of provisional ballot form.
558          (1) As used in this section, a person is "legally entitled to vote" if:
559          (a) the person:
560          (i) is registered to vote in the state;
561          (ii) votes the ballot for the voting precinct in which the person resides; and
562          (iii) provides valid voter identification to the poll worker;
563          (b) the person:
564          (i) is registered to vote in the state;
565          (ii) (A) provided valid voter identification to the poll worker; or
566          (B) either failed to provide valid voter identification or the documents provided as
567     valid voter identification were inadequate and the poll worker recorded that fact in the official
568     register but the county clerk verifies the person's identity and residence through some other
569     means; and
570          (iii) did not vote in the person's precinct of residence, but the ballot that the person
571     voted was from the person's county of residence and includes one or more candidates or ballot
572     propositions on the ballot voted in the person's precinct of residence; or
573          (c) the person:
574          (i) is registered to vote in the state;
575          (ii) either failed to provide valid voter identification or the documents provided as
576     valid voter identification were inadequate and the poll worker recorded that fact in the official
577     register; and
578          (iii) (A) the county clerk verifies the person's identity and residence through some other
579     means as reliable as photo identification; or
580          (B) the person provides valid voter identification to the county clerk or an election
581     officer who is administering the election by the close of normal office hours on Monday after
582     the date of the election.
583          (2) (a) Upon receipt of a provisional ballot [envelopes] form, the election officer shall
584     review the affirmation on the [face of each] provisional ballot [envelope] form and determine if
585     the person signing the affirmation is:
586          (i) registered to vote in this state; and
587          (ii) legally entitled to vote:
588          (A) the ballot that the person voted; or
589          (B) if the ballot is from the person's county of residence, for at least one ballot
590     proposition or candidate on the ballot that the person voted.
591          (b) [If] Except as provided in Section 20A-2-207, if the election officer determines that
592     the person is not registered to vote in this state or is not legally entitled to vote in the county or
593     for any of the ballot propositions or candidates on the ballot that the person voted, the election
594     officer shall retain the ballot [envelope, unopened] form, uncounted, for the period specified in
595     Section 20A-4-202 unless ordered by a court to produce or count it.
596          (c) If the election officer determines that the person is registered to vote in this state
597     and is legally entitled to vote in the county and for at least one of the ballot propositions or
598     candidates on the ballot that the person voted, the election officer shall [remove the ballot from
599     the provisional ballot envelope and] place the provisional ballot with the absentee ballots to be
600     counted with those ballots at the canvass.
601          (d) The election officer may not count, or allow to be counted a provisional ballot
602     unless the person's identity and residence is established by a preponderance of the evidence.
603          (3) If the election officer determines that the person is registered to vote in this state, or
604     if the voter registers to vote in accordance with Section 20A-2-207, the election officer shall
605     ensure that the voter registration records are updated to reflect the information provided on the
606     provisional ballot [envelope] form.
607          (4) [If] Except as provided in Section 20A-2-207, if the election officer determines that
608     the person is not registered to vote in this state and the information on the provisional ballot
609     [envelope] form is complete, the election officer shall:
610          (a) consider the provisional ballot [envelope] form a voter registration form for the
611     person's county of residence; and
612          (b) (i) register the person if the voter's county of residence is within the county; or
613          (ii) forward the voter registration form to the election officer of the person's county of
614     residence, which election officer shall register the person.
615          (5) Notwithstanding any provision of this section, the election officer shall [remove the
616     ballot from] place a provisional ballot [envelope and place the ballot] with the absentee ballots
617     to be counted with those ballots at the canvass, if:
618          (a) (i) the election officer determines, in accordance with the provisions of this section,
619     that the sole reason a provisional ballot may not otherwise be counted is because the voter
620     registration was filed less than [eight] seven days before the election;
621          (ii) [eight] seven or more days before the election, the individual who cast the
622     provisional ballot:
623          (A) completed and signed the voter registration; and
624          (B) provided the voter registration to another person to file;
625          (iii) the late filing was made due to the person described in Subsection (5)(a)(ii)(B)
626     filing the voter registration less than [eight] seven days before the election; and
627          (iv) the election officer receives the voter registration no later than one day before the
628     day of the election; or
629          (b) the provisional ballot is cast on or before election day [in a county or municipality
630     that is approved by the lieutenant governor to participate in the pilot project and the provisional
631     ballot] and is not otherwise prohibited from being counted under the provisions of this chapter.
632          Section 13. Section 63I-1-220 is amended to read:
633          63I-1-220. Repeal dates, Title 20A.
634          [On January 1, 2017:]
635          [(1) Subsection 20A-1-102(55) is repealed.]
636          [(2) Subsection 20A-2-102.5(1) the language that states "20A-4-108, or" is repealed.]
637          [(3) Subsection 20A-2-202(3)(a) the language that states "Except as provided in
638     Subsection 20A-4-108(6)," is repealed.]
639          [(4) Subsection 20A-2-204(5)(a) the language that states "Except as provided in
640     Subsection 20A-4-108(7)," is repealed.]
641          [(5) Subsection 20A-2-205(7)(a) the language that states "Except as provided in
642     Subsection 20A-4-108(8)," is repealed.]
643          [(6) Subsection 20A-2-206(8)(c) the language that states "Except as provided in
644     Subsection 20A-4-108(9)," is repealed.]
645          [(7) Subsection 20A-2-307(2)(a) is repealed.]
646          [(8) Subsection 20A-4-107(2)(b) the language that states "Except as provided in
647     Subsection 20A-4-108(10)," is repealed.]
648          [(9) Subsection 20A-4-107(3) the language that states "or if the voter is, in accordance
649     with the pilot project, registered to vote under Subsection 20A-4-108(10)," is repealed.]
650          [(10) Subsection 20A-4-107(4) the language that states "Except as provided in
651     Subsection 20A-4-108(12)," is repealed.]
652          [(11) Section 20A-4-108 is repealed.]
653          On January 1, 2022:
654          (1) In Subsection 20A-2-102.5, the language that states, "20A-2-207," is repealed.
655          (2) In Subsection 20A-2-201(3)(b)(i)(B), the language that states, "or by provisional
656     ballot, under Section 20A-2-207, during the early voting period described in Section
657     20A-3-601" is repealed and replaced with, "and is not eligible to vote using early voting under
658     Chapter 3, Part 6, Early Voting".
659          (3) Subsection 20A-2-201(3)(b)(ii) is amended to read, "(ii) if the individual submits
660     the registration form on the date of an election or during the six calendar days before an
661     election, inform the individual that the individual will be registered to vote, but may not vote in
662     the pending election because the individual registered late;".
663          (4) Subsection 20A-2-202(3) is amended to read, "(3) If the county clerk receives a
664     correctly completed by-mail voter registration form that is postmarked after the voter
665     registration deadline, the county clerk shall, unless the individual named in the form is
666     preregistering to vote:
667          (a) register the applicant after the next election; and
668          (b) if possible, promptly mail a notice to, or otherwise notify, the applicant before the
669     election, informing the applicant that the applicant's registration will not be effective until after
670     the election."
671          (5) Subsection 20A-2-204(5) is amended to read, "(5) If the county clerk receives a
672     correctly completed voter registration form that is dated after the voter registration deadline,
673     the county clerk shall, unless the individual named in the form is preregistering to vote:
674          (a) register the applicant after the next election; and
675          (b) if possible, promptly phone or mail a notice to the applicant before the election,
676     informing the applicant that the applicant's registration will not be effective until after the
677     election."
678          (6) Subsection 20A-2-205(7) is amended to read, "(7) If the county clerk receives a
679     correctly completed voter registration form that is dated after the voter registration deadline,
680     the county clerk shall, unless the individual named in the form is preregistering to vote:
681          (a) register the applicant after the next election; and
682          (b) if possible, promptly phone or mail a notice to the applicant before the election,
683     informing the applicant that the applicant's registration will not be effective until after the
684     election."
685          (7) Subsection 20A-2-206(10) is amended to read, "(10) If an individual applies to
686     register under this section during the six calendar days before an election, the county clerk
687     shall, unless the individual is preregistering to vote:
688          (a) accept the application for registration if the individual, on the date of the election,
689     will be legally qualified and entitled to vote in a voting precinct in the state; and
690          (b) inform the individual that the individual is registered to vote but may not vote in
691     the pending election because the individual registered late."
692          (8) Section 20A-2-207 is repealed.
693          (9) Subsection 20A-2-307(2)(a) is repealed and the remaining subsections in
694     Subsection 20A-2-307(2) are renumbered accordingly.
695          (10) Subsection 20A-3-601(1)(a) is renumbered as Subsection (1), and Subsection
696     20A-3-601(1)(b) is repealed.
697          (11) The word "Tuesday" is repealed and replaced with the word "Thursday" in
698     Subsections 20A-3-304(1)(b)(ii), (4)(a)(i), (4)(b)(i), and (6) and Subsection 20A-3-306(2)(a)(i).
699          (12) In Subsection 20A-4-107(2)(b), the language that states, "Except as provided in
700     Section 20A-2-207," is repealed.
701          (13) In Subsection 20A-4-107(3), the language that states, ", or if the voter registers to
702     vote in accordance with Section 20A-2-207," is repealed.
703          (14) In Subsection 20A-4-107(4), the language that states, "Except as provided in
704     Section 20A-2-207," is repealed.
705          (15) Subsection 20A-4-107(5)(b) is repealed, "; or" is repealed from the end of
706     Subsection 20A-4-107(5)(a)(iv) and is replaced with a period, and the remaining subsections in
707     Subsection 20A-4-107(5), and the references to those subsections, are renumbered accordingly.




Legislative Review Note
Office of Legislative Research and General Counsel