Chief Sponsor: Daniel W. Thatcher

House Sponsor: Michael E. Noel


8     General Description:
9          This bill addresses lines at a polling location.
10     Highlighted Provisions:
11          This bill:
12          ▸     requires a county clerk, to the extent possible, to ensure that the waiting time in line
13     at a polling location does not exceed 30 minutes; and
14          ▸     permits the lieutenant governor to require a county clerk to submit a line
15     management plan at the next election if an individual waits in line more than 30
16     minutes before the individual can vote at a polling location.
17     Money Appropriated in this Bill:
18          None
19     Other Special Clauses:
20          None
21     Utah Code Sections Affected:
22     AMENDS:
23          20A-5-403, as last amended by Laws of Utah 2011, Chapter 297

25     Be it enacted by the Legislature of the state of Utah:
26          Section 1. Section 20A-5-403 is amended to read:
27          20A-5-403. Polling places -- Booths -- Ballot boxes -- Inspections --
28     Arrangements.

29          (1) Each election officer shall:
30          (a) designate polling places for each voting precinct in the jurisdiction; and
31          (b) obtain the approval of the county or municipal legislative body or local district
32     governing board for those polling places.
33          (2) (a) For each polling place, the election officer shall provide:
34          (i) an American flag;
35          (ii) a sufficient number of voting booths or compartments;
36          (iii) the voting devices, voting booths, ballots, ballot boxes, ballot labels, ballot sheets,
37     write-in ballots, and any other records and supplies necessary to enable a voter to vote;
38          (iv) the constitutional amendment cards required by Part 1, Election Notices and
39     Instructions;
40          (v) voter information pamphlets required by Chapter 7, Part 7, Voter Information
41     Pamphlet;
42          (vi) the instruction cards required by Section 20A-5-102; and
43          (vii) a sign, to be prominently displayed in the polling place, indicating that valid voter
44     identification is required for every voter before the voter may vote and listing the forms of
45     identification that constitute valid voter identification.
46          (b) Each election officer shall ensure that:
47          (i) each voting booth is at a convenient height for writing, and is arranged so that the
48     voter can prepare the voter's ballot screened from observation;
49          (ii) there are a sufficient number of voting booths or voting devices to accommodate
50     the voters at that polling place; and
51          (iii) there is at least one voting booth or voting device that is configured to
52     accommodate persons with disabilities.
53          (c) Each county clerk shall provide a ballot box for each polling place that is large
54     enough to properly receive and hold the ballots to be cast.
55          (3) (a) All polling places shall be physically inspected by each county clerk to ensure

56     access by a person with a disability.
57          (b) Any issues concerning inaccessibility to polling places by a person with a disability
58     discovered during the inspections referred to in Subsection (3)(a) or reported to the county
59     clerk shall be:
60          (i) forwarded to the Office of the Lieutenant Governor; and
61          (ii) within six months of the time of the complaint, the issue of inaccessibility shall be
62     either:
63          (A) remedied at the particular location by the county clerk;
64          (B) the county clerk shall designate an alternative accessible location for the particular
65     precinct; or
66          (C) if no practical solution can be identified, file with the Office of the Lieutenant
67     Governor a written explanation identifying the reasons compliance cannot reasonably be met.
68          (4) (a) The municipality in which the election is held shall pay the cost of conducting
69     each municipal election, including the cost of printing and supplies.
70          (b) (i) Costs assessed by a county clerk to a municipality under this section may not
71     exceed the actual costs incurred by the county clerk.
72          (ii) The actual costs shall include:
73          (A) costs of or rental fees associated with the use of election equipment and supplies;
74     and
75          (B) reasonable and necessary administrative costs.
76          (5) The county clerk shall make detailed entries of all proceedings had under this
77     chapter.
78          (6) (a) Each county clerk shall, to the extent possible, ensure that the amount of time
79     that an individual waits in line before the individual can vote at a polling location in the county
80     does not exceed 30 minutes.
81          (b) The lieutenant governor may require a county clerk to submit a line management
82     plan before the next election if an individual waits in line at a polling location in the county

83     longer than 30 minutes before the individual can vote.
84          (c) The lieutenant governor may consider extenuating circumstances in deciding
85     whether to require the county clerk to submit a plan described in Subsection (6)(b).
86          (d) The lieutenant governor shall review each plan submitted under Subsection (6)(b)
87     and consult with the county clerk submitting the plan to ensure, to the extent possible, that the
88     amount of time an individual waits in line before the individual can vote at a polling location in
89     the county does not exceed 30 minutes.