This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 7, 2018 at 10:41 AM by lpoole.
Senator Deidre M. Henderson proposes the following substitute bill:


1     
MODIFICATIONS TO ELECTION LAW

2     
2018 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 provisions of the Election Code.
10     Highlighted Provisions:
11          This bill:
12          ▸     amends definitions;
13          ▸     provides that an otherwise eligible voter may register to vote, and vote, by casting a
14     provisional ballot on election day or during the early voting period;
15          ▸     amends provisions relating to voter registration deadlines and the information
16     provided to applicants for voter registration;
17          ▸     changes the deadline for filing an absentee ballot application and for casting an
18     absentee ballot in person;
19          ▸     amends provisions for removing a voter from the absentee ballot list;
20          ▸     requires the lieutenant governor to report to the Government Operations Interim
21     Committee regarding implementation of the provisions of this bill;
22          ▸     simplifies the process by which an individual may register to vote when the
23     individual applies for or renews the individual's driver license or state identification
24     card;
25          ▸     allows an individual to register as an absentee voter when the individual applies for

26     or renews the individual's driver license or state identification card;
27          ▸      allows any individual to request that the individual's voter registration record be
28     classified as a private record;
29          ▸     allows certain information in a driver license or state identification card application
30     form to be used for voter registration purposes;
31          ▸     amends provisions relating to the process by which a voter may request that the
32     voter's voter registration record be classified as a private record;
33          ▸     requires a county clerk to send certain information to an individual who registers to
34     vote;
35          ▸     provides certain requirements for conducting an election by absentee ballot;
36          ▸     requires a county that conducts Ŝ→ [
on] an ←Ŝ election by absentee ballot to provide a
36a     certain
37     number of polling places on the date of an election; and
38          ▸     makes technical and conforming changes.
39     Money Appropriated in this Bill:
40          None
41     Other Special Clauses:
42          This bill provides a coordination clause.
43     Utah Code Sections Affected:
44     AMENDS:
45          20A-2-102.5, as last amended by Laws of Utah 2014, Chapters 98 and 231
46          20A-2-104, as last amended by Laws of Utah 2015, Chapter 130
47          20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
48          20A-2-201, as last amended by Laws of Utah 2015, Chapters 130 and 394
49          20A-2-202, as last amended by Laws of Utah 2015, Chapter 130
50          20A-2-204, as last amended by Laws of Utah 2015, Chapter 130
51          20A-2-205, as last amended by Laws of Utah 2015, Chapter 130
52          20A-2-206, as last amended by Laws of Utah 2015, Chapter 130
53          20A-2-304, as last amended by Laws of Utah 2017, Chapter 91
54          20A-2-306, as last amended by Laws of Utah 2017, Chapter 52
55          20A-2-307, as last amended by Laws of Utah 2015, Chapter 79
56          20A-3-302, as last amended by Laws of Utah 2017, Chapters 235, 327 and last

57     amended by Coordination Clause, Laws of Utah 2017, Chapter 327
58          20A-3-304, as last amended by Laws of Utah 2015, Chapter 394
59          20A-3-306, as last amended by Laws of Utah 2015, Chapter 124
60          20A-3-601, as last amended by Laws of Utah 2017, Chapter 58
61          20A-3-605, as last amended by Laws of Utah 2013, Chapter 320
62          20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
63     by Coordination Clause, Laws of Utah 2014, Chapter 231
64          20A-6-105, as last amended by Laws of Utah 2014, Chapter 373
65          63G-2-302, as last amended by Laws of Utah 2017, Chapters 168 and 282
66     ENACTS:
67          20A-2-207, Utah Code Annotated 1953
68     Utah Code Sections Affected by Coordination Clause:
69     Ŝ→ [
     20A-2-104, as last amended by Laws of Utah 2015, Chapter 130] ←Ŝ
70          20A-3-601, as last amended by Laws of Utah 2017, Chapter 58
71          20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
72     by Coordination Clause, Laws of Utah 2014, Chapter 231
73     

74     Be it enacted by the Legislature of the state of Utah:
75          Section 1. Section 20A-2-102.5 is amended to read:
76          20A-2-102.5. Voter registration deadline.
77          (1) Except as provided in Section 20A-2-201, 20A-2-204, 20A-2-206, 20A-2-207, or
78     20A-4-107 Ŝ→ [
[] ←Ŝ , Ŝ→ []] ←Ŝ or Chapter 16, Uniform Military and Overseas Voters Act, a
78a     person who fails to
79     submit a correctly completed voter registration form on or before the voter registration deadline
80     may not vote in the election.
81          (2) The voter registration deadline is 30 calendar days before the date of the election.
82          Section 2. Section 20A-2-104 is amended to read:
83          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
84          (1) An individual applying for voter registration, or an individual preregistering to
85     vote, shall complete a voter registration form in substantially the following form:
86     -----------------------------------------------------------------------------------------------------------------
87     
UTAH ELECTION REGISTRATION FORM


88     Are you a citizen of the United States of America?                    Yes     No
89     If you checked "no" to the above question, do not complete this form.
90     Will you be 18 years of age on or before election day?          Yes     No
91     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
92     vote?                                                  Yes     No
93     If you checked "no" to both of the prior two questions, do not complete this form.
94     Name of Voter
95     _________________________________________________________________
96                         First                Middle            Last
97     Utah Driver License or Utah Identification Card Number____________________________
98     Date of Birth ______________________________________________________
99     Street Address of Principal Place of Residence
100     ____________________________________________________________________________
101          City            County            State            Zip Code
102     Telephone Number (optional) _________________________
103     Last four digits of Social Security Number ______________________
104     Last former address at which I was registered to vote (if
105     known)__________________________
106     ____________________________________________________________________________
107          City               County               State           Zip Code
108     Political Party
109     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
110     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
111      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
112          I do swear (or affirm), subject to penalty of law for false statements, that the
113     information contained in this form is true, and that I am a citizen of the United States and a
114     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
115     am preregistering to vote in a later election, I will be at least 18 years of age and will have
116     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
117     currently incarcerated for commission of a felony.
118          Signed and sworn

119          __________________________________________________________
120                              Voter's Signature
121          _______________(month/day/year).
122          "The portion of a voter registration form that lists a person's driver license or
123     identification card number, Social Security number, and email address is a private record. The
124     portion of a voter registration form that lists a person's date of birth is a private record, the use
125     of which is restricted to government officials, government employees, political parties, or
126     certain other persons.
127          [If you believe that disclosure of any information contained in this voter registration
128     form to a person other than a government official or government employee is likely to put you
129     or a member of your household's life or safety at risk, or to put you or a member of your
130     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
131     or your county clerk to have your entire voter registration record classified as private."
132     
CITIZENSHIP AFFIDAVIT

133     Name:
134     Name at birth, if different:
135     Place of birth:
136     Date of birth:
137     Date and place of naturalization (if applicable):
138          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
139     citizen and that to the best of my knowledge and belief the information above is true and
140     correct.
141     ____________________________
142     Signature of Applicant
143          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
144     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
145     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
146     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
147     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
148     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
149     PHOTOGRAPH; OR

150     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
151     CURRENT ADDRESS.
152     FOR OFFICIAL USE ONLY
153                                   Type of I.D. ____________________________
154                                   Voting Precinct _________________________
155                                   Voting I.D. Number _____________________
156     ------------------------------------------------------------------------------------------------------------------
157          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
158     of each voter registration form in a permanent countywide alphabetical file, which may be
159     electronic or some other recognized system.
160          (b) The county clerk may transfer a superseded voter registration form to the Division
161     of Archives and Records Service created under Section 63A-12-101.
162          (3) (a) Each county clerk shall retain lists of currently registered voters.
163          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
164          (c) If there are any discrepancies between the two lists, the county clerk's list is the
165     official list.
166          (d) The lieutenant governor and the county clerks may charge the fees established
167     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
168     the list of registered voters.
169          (4) (a) As used in this Subsection (4), "qualified person" means:
170          (i) a government official or government employee acting in the government official's or
171     government employee's capacity as a government official or a government employee;
172          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
173     independent contractor of a health care provider;
174          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
175     independent contractor of an insurance company;
176          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
177     independent contractor of a financial institution;
178          (v) a political party, or an agent, employee, or independent contractor of a political
179     party; or
180          (vi) a person, or an agent, employee, or independent contractor of the person, who:

181          (A) provides the date of birth of a registered voter that is obtained from the list of
182     registered voters only to a person who is a qualified person;
183          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a date of
184     birth that is obtained from the list of registered voters is provided, is a qualified person;
185          (C) ensures, using industry standard security measures, that the date of birth of a
186     registered voter that is obtained from the list of registered voters may not be accessed by a
187     person other than a qualified person;
188          (D) verifies that each qualified person, other than a qualified person described in
189     Subsection (4)(a)(i) or (v), to whom the person provides the date of birth of a registered voter
190     that is obtained from the list of registered voters, will only use the date of birth to verify the
191     accuracy of personal information submitted by an individual or to confirm the identity of a
192     person in order to prevent fraud, waste, or abuse;
193          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
194     person provides the date of birth of a registered voter that is obtained from the list of registered
195     voters, will only use the date of birth in the qualified person's capacity as a government official
196     or government employee; and
197          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
198     person provides the date of birth of a registered voter that is obtained from the list of registered
199     voters, will only use the date of birth for a political purpose.
200          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
201     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
202     the list of registered voters to a qualified person under this section, include, with the list, the
203     dates of birth of the registered voters, if:
204          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
205     the person is a qualified person; and
206          (ii) the qualified person signs a document that includes the following:
207          (A) the name, address, and telephone number of the person requesting the list of
208     registered voters;
209          (B) an indication of the type of qualified person that the person requesting the list
210     claims to be;
211          (C) a statement regarding the purpose for which the person desires to obtain the dates

212     of birth;
213          (D) a list of the purposes for which the date of birth of a registered voter that is
214     obtained from the list of registered voters may be used;
215          (E) a statement that the date of birth of a registered voter that is obtained from the list
216     of registered voters may not be provided or used for a purpose other than a purpose described
217     under Subsection (4)(b)(ii)(D);
218          (F) a statement that if the person obtains the date of birth of a registered voter from the
219     list of registered voters under false pretenses, or provides or uses the date of birth of a
220     registered voter that is obtained from the list of registered voters in a manner that is prohibited
221     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
222          (G) an assertion from the person that the person will not provide or use the date of birth
223     of a registered voter that is obtained from the list of registered voters in a manner that is
224     prohibited by law; and
225          (H) notice that if the person makes a false statement in the document, the person is
226     punishable by law under Section 76-8-504.
227          (c) The lieutenant governor or a county clerk may not disclose the date of birth of a
228     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
229          (i) is not a qualified person or a person described in Subsection (4)[(k)](j); or
230          (ii) will provide or use the date of birth in a manner prohibited by law.
231          (d) The lieutenant governor or a county clerk may not disclose the voter registration
232     form of a person, or information included in the person's voter registration form, whose voter
233     registration form is classified as private under Subsection (4)(f) to a person other than a
234     government official or government employee acting in the government official's or government
235     employee's capacity as a government official or government employee.
236          (e) A person is guilty of a class A misdemeanor if the person:
237          (i) obtains the date of birth of a registered voter from the list of registered voters under
238     false pretenses; or
239          (ii) uses or provides the date of birth of a registered voter that is obtained from the list
240     of registered voters, in a manner that is not permitted by law.
241          (f) The lieutenant governor or a county clerk shall classify the voter registration record
242     of a voter as a private record if the voter submits[:(i)] a written application, created by the

243     lieutenant governor, requesting that the voter's voter registration record be classified as
244     private[; and].
245          [(ii) provides evidence to the lieutenant governor or a county clerk establishing that
246     release of the information on the voter's voter registration record is likely to put the voter or a
247     member of the voter's household's life or safety at risk, or to put the voter or a member of the
248     voter's household at risk of being stalked or harassed.]
249          [(g) The evidence described in Subsection (4)(f) may include:]
250          [(i) a protective order;]
251          [(ii) a police report; or]
252          [(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
253     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
254     Lieutenant Governor.]
255          [(h)] (g) In addition to any criminal penalty that may be imposed under this section, the
256     lieutenant governor may impose a civil fine against a person who obtains the date of birth of a
257     registered voter from the list of registered voters under false pretenses, or provides or uses a
258     date of birth of a registered voter that is obtained from the list of registered voters in a manner
259     that is not permitted by law, in an amount equal to the greater of:
260          (i) the product of 30 and the square root of the total number of dates of birth obtained,
261     provided, or used unlawfully, rounded to the nearest whole dollar; or
262          (ii) $200.
263          [(i)] (h) A qualified person may not obtain, provide, or use the date of birth of a
264     registered voter, if the date of birth is obtained from the list of registered voters or from a voter
265     registration record, unless the person:
266          (i) is a government official or government employee who obtains, provides, or uses the
267     date of birth in the government official's or government employee's capacity as a government
268     official or government employee;
269          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
270     uses the date of birth only to verify the accuracy of personal information submitted by an
271     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
272          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
273     uses the date of birth for a political purpose; or

274          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
275     uses the date of birth to provide the date of birth to another qualified person to verify the
276     accuracy of personal information submitted by an individual or to confirm the identity of a
277     person in order to prevent fraud, waste, or abuse.
278          [(j)] (i) A person who is not a qualified person may not obtain, provide, or use the date
279     of birth of a registered voter, if the date of birth is obtained from the list of registered voters or
280     from a voter registration record, unless the person:
281          (i) is a candidate for public office and uses the date of birth only for a political purpose;
282     or
283          (ii) obtains the date of birth from a political party or a candidate for public office and
284     uses the date of birth only for the purpose of assisting the political party or candidate for public
285     office to fulfill a political purpose.
286          [(k)] (j) The lieutenant governor or a county clerk may provide a date of birth to a
287     member of the media, in relation to an individual designated by the member of the media, in
288     order for the member of the media to verify the identity of the individual.
289          (5) When political parties not listed on the voter registration form qualify as registered
290     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
291     lieutenant governor shall inform the county clerks about the name of the new political party
292     and direct the county clerks to ensure that the voter registration form is modified to include that
293     political party.
294          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
295     clerk's designee shall:
296          (a) review each voter registration form for completeness and accuracy; and
297          (b) if the county clerk believes, based upon a review of the form, that an individual
298     may be seeking to register or preregister to vote who is not legally entitled to register or
299     preregister to vote, refer the form to the county attorney for investigation and possible
300     prosecution.
301          Section 3. Section 20A-2-108 is amended to read:
302          20A-2-108. Driver license or state identification card registration form --
303     Transmittal of information.
304          (1) As used in this section, "qualifying form" means:

305          (a) a driver license application form; or
306          (b) a state identification card application form.
307          [(1)] (2) The lieutenant governor and the Driver License Division shall design [the
308     driver license application and renewal forms to include the following questions:] each
309     qualifying form to include:
310          (a) the following question, which an applicant is required to answer: "Do you authorize
311     the use of information in this form for voter registration purposes? YES____ NO____";
312          (b) the following question, which an applicant is required to answer if the applicant
313     answers "yes" to the question described in Subsection (2)(a): "Any voter may register as an
314     absentee voter to receive ballots by mail. A voter may change this designation at any time.
315     Would you like to be registered as an absentee voter to receive your ballots by mail? YES____
316     NO ____"; and
317          (c) the following statement: "You may request that your voter registration record be
318     classified as a private record by indicating here: ____Yes, I would like to request that my voter
319     registration record be classified as a private record."
320          [(a) "If you are not registered to vote where you live now, would you like to register to
321     vote today?"; and]
322          [(b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
323     the next election, would you like to preregister to vote today?"]
324          [(2) (a) The lieutenant governor and the Driver License Division shall design a motor
325     voter registration form to be used in conjunction with driver license application and renewal
326     forms.]
327          [(b) Each driver license application and renewal form shall contain:]
328          [(i) a place for the applicant to decline to register or preregister to vote;]
329          [(ii) an eligibility statement in substantially the following form:]
330          ["I do swear (or affirm), subject to penalty of law for false statements, that the
331     information contained in this form is true, and that I am a citizen of the United States and a
332     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
333     am preregistering to vote in a later election, I will be at least 18 years of age and will have
334     resided in Utah for 30 days immediately before the next election.]
335     [Signed and sworn]

336     [____________________________________________________]
337                    [Voter's Signature]
338     [__________(month\day\year)";]
339          [(iii) a citizenship affidavit in substantially the following form:]
340     
["CITIZENSHIP AFFIDAVIT]

341     [Name:]
342     [Name at birth, if different:]
343     [Place of birth:]
344     [Date of birth:]
345     [Date and place of naturalization (if applicable):]
346          [I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
347     citizen and that to the best of my knowledge and belief the information above is true and
348     correct.]
349     [____________________________]
350     [Signature of Applicant]
351          [In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
352     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
353     register or preregister to vote is up to one year in jail and a fine of up to $2,500";]
354          (3) The lieutenant governor and the Driver License Division shall ensure that a
355     qualifying form contains:
356          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
357     Utah residency, and that the information provided in the form is true;
358          (b) a records disclosure that is similar to the records disclosure on a voter registration
359     form described in Section 20A-2-104;
360          [(iv)] (c) a statement that if an applicant declines to register or preregister to vote, the
361     fact that the applicant has declined to register or preregister will remain confidential and will be
362     used only for voter registration purposes;
363          [(v)] (d) a statement that if an applicant does register or preregister to vote, the office at
364     which the applicant submits a voter registration application will remain confidential and will be
365     used only for voter registration purposes; and
366          (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space

367     where an individual may, if desired:
368          (i) indicate the individual's desired political affiliation from a listing of each registered
369     political party, as defined in Section 20A-8-101;
370          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
371     individual desires to affiliate; or
372          (iii) indicate that the individual does not wish to affiliate with a political party.
373          [(vi) the following statement:]
374          ["The portion of a voter registration form that lists a person's driver license or
375     identification card number, Social Security number, and email address is a private record. The
376     portion of a voter registration form that lists a person's date of birth is a private record, the use
377     of which is restricted to government officials, government employees, political parties, or
378     certain other persons.]
379          [If you believe that disclosure of any information contained in this voter registration
380     form to a person other than a government official or government employee is likely to put you
381     or a member of your household's life or safety at risk, or to put you or a member of your
382     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
383     county clerk to have your entire voter registration record classified as private."]
384          [(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
385     clerk's designee shall:]
386          [(a) review the voter registration form for completeness and accuracy; and]
387          [(b) if the county clerk believes, based upon a review of the form, that a person may be
388     seeking to register or preregister to vote who is not legally entitled to register or preregister to
389     vote, refer the form to the county attorney for investigation and possible prosecution.]
390          Section 4. Section 20A-2-201 is amended to read:
391          20A-2-201. Registering to vote at office of county clerk.
392          (1) Except as provided in Subsection (3), the county clerk shall register to vote each
393     individual who registers in person at the county clerk's office during designated office hours if
394     the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
395     the county in accordance with Section 20A-2-101.
396          (2) If an individual who is registering to vote submits a registration form in person at
397     the office of the county clerk during designated office hours, during the period beginning on

398     the date after the voter registration deadline and ending on the date that is 15 calendar days
399     before the date of the election, the county clerk shall:
400          (a) accept the form if the individual, on the date of the election, will be legally
401     qualified and entitled to vote in a voting precinct in the county; and
402          (b) inform the individual that the individual will be registered to vote in the pending
403     election.
404          (3) If an individual who is registering to vote and who will be legally qualified and
405     entitled to vote in a voting precinct in the county on the date of an election appears in person,
406     during designated office hours, and submits a registration form on the date of the election or
407     during the 14 calendar days before an election, the county clerk shall:
408          (a) accept the registration form; and
409          (b) (i) if [it is] the individual submits the registration form seven or more calendar days
410     before the date of an election, inform the individual that:
411          (A) [inform the individual that] the individual is registered to vote in the pending
412     election; and
413          (B) for the pending election, the individual must vote on the day of the election [and is
414     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting] or by provisional
415     ballot, under Section 20A-2-207, during the early voting period described in Section
416     20A-3-601, because the individual registered [too] late; or
417          (ii) [except as provided in Subsection 20A-4-108(5), if it is] if the individual submits
418     the registration form on the date of an election or during the six calendar days before an
419     election, inform the individual [that the individual]:
420          (A) of each manner still available to the individual to timely register to vote in the
421     current election; and
422          (B) that, if the individual does not timely register in a manner described in Subsection
423     (3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
424     because the individual registered [too] late.
425          Section 5. Section 20A-2-202 is amended to read:
426          20A-2-202. Registration by mail.
427          (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
428          (b) To register by mail, a citizen shall complete and sign the by-mail registration form

429     and mail or deliver it to the county clerk of the county in which the citizen resides.
430          (c) In order to register to vote in a particular election, the citizen shall:
431          (i) address the by-mail voter registration form to the county clerk; and
432          (ii) ensure that [it] the by-mail voter registration form is postmarked on or before the
433     voter registration deadline or is otherwise marked by the post office as received by the post
434     office on or before the voter registration deadline.
435          (d) The citizen has effectively registered to vote under this section only when the
436     county clerk's office has received a correctly completed by-mail voter registration form.
437          (2) Upon receipt of a correctly completed by-mail voter registration form, the county
438     clerk shall, unless the individual named in the form is preregistering to vote:
439          (a) enter the applicant's name on the list of registered voters for the voting precinct in
440     which the applicant resides; and
441          (b) mail confirmation of registration to the newly registered voter after entering the
442     applicant's voting precinct number on that copy.
443          (3) [(a)] If the county clerk receives a correctly completed by-mail voter registration
444     form that is postmarked after the voter registration deadline, and is not otherwise marked by
445     the post office as received by the post office before the voter registration deadline, the county
446     clerk shall[, unless]:
447          (a) if the individual named in the form is preregistering to vote[: (i)], comply with
448     Section 20A-2-101.1; or
449          (b) (i) unless the individual timely registers to vote in the current election in a manner
450     that permits registration after the voter registration deadline, register the [applicant] individual
451     after the next election; and
452          (ii) if possible, promptly [phone or] mail a notice to, or otherwise notify, the
453     [applicant] individual before the election, informing the [applicant that his] individual:
454          (A) of each manner still available to the individual to timely register to vote in the
455     current election; and
456          (B) that, if the individual does not timely register in a manner described in Subsection
457     (3)(b)(ii)(A), the individual's registration will not be effective until after the election.
458          [(b)] (4) When the county clerk receives a correctly completed by-mail voter
459     registration form at least seven days before an election that is postmarked on or before the date

460     of the voter registration deadline, or is otherwise marked by the post office as received by the
461     post office on or before the voter registration deadline, the county clerk shall:
462          [(i)] (a) process the by-mail voter registration form; and
463          [(ii)] (b) record the new voter in the official register.
464          [(4)] (5) If the county clerk determines that a registration form received by mail or
465     otherwise is incorrect because of an error or because it is incomplete, the county clerk shall
466     mail notice to the person attempting to register or preregister, stating that the person has not
467     been registered or preregistered because of an error or because the form is incomplete.
468          Section 6. Section 20A-2-204 is amended to read:
469          20A-2-204. Registering to vote when applying for or renewing a driver license.
470          (1) As used in this section, "voter registration form" means [the driver license
471     application/voter registration form and the driver license renewal/voter registration form
472     required by Section 20A-2-108.], when an individual named on a qualifying form, as defined in
473     Section 20A-2-108, answers "yes" to the question described in Subsection 20A-2-108(2)(a), the
474     information on the qualifying form that can be used for voter registration purposes.
475          (2) Ŝ→ [
(a)] ←Ŝ [Any] A citizen who is qualified to vote may register to vote, and [any] a
475a      citizen
476     who is qualified to preregister to vote may preregister to vote, by answering "yes" to the
477     question described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
478          (3) The Driver License Division shall:
479          (a) assist [applicants] an individual in completing the voter registration form unless the
480     [applicant] individual refuses assistance;
481          [(b) accept a completed voter registration form and transmit the form to the county
482     clerk of the county in which the applicant resides within five days after the day on which the
483     division receives the form;]
484          [(c)] (b) electronically transmit each address change to the lieutenant governor within
485     five days after the day on which the division receives the address change; and
486          [(d) transmit electronically to the lieutenant governor's office the name, address, birth
487     date, and driver license number of each individual who answers "yes" to a question described
488     in Subsection 20A-2-108(1), and indicate whether the individual is registering or preregistering
489     to vote.]
490          [(4) (a) Upon receipt of a correctly completed voter registration form from an

491     individual who is registering to vote, the county clerk shall:]
492          [(i) enter the applicant's name on the list of registered voters for the voting precinct in
493     which the applicant resides; and]
494          [(ii) notify the applicant of registration.]
495          [(b) Upon receipt of a correctly completed voter registration form from an individual
496     who is preregistering to vote, the county clerk shall]
497          (c) within five days after the day on which the division receives a voter registration
498     form, electronically transmit the form to the Office of the Lieutenant Governor, including the
499     following for the individual named on the form:
500          (i) the name, date of birth, driver license or state identification card number, last four
501     digits of the social security number, Utah residential address, place of birth, and signature;
502           (ii) a mailing address, if different from the individual's Utah residential address;
503           (iii) an email address and phone number, if available;
504          (iv) the desired political affiliation, if indicated; and
505          (v) an indication of whether the individual requested that the individual's voter
506     registration record be classified as a private record under Subsection 20A-2-108(2)(c).
507          (4) Upon receipt of an individual's voter registration form from the Driver License
508     Division under Subsection (3), the lieutenant governor shall:
509          (a) enter the information into the statewide voter registration database; and
510          (b) if the individual requests on the individual's voter registration form that the
511     individual's voter registration record be classified as a private record, classify the individual's
512     voter registration record as a private record.
513          (5) The county clerk of an individual whose information is entered into the statewide
514     voter registration database under Subsection (4) shall:
515          (a) ensure that the individual meets the qualifications to be registered or preregistered
516     to vote; and
517          (b) (i) if the individual meets the qualifications to be registered to vote:
518          (A) ensure that the individual is assigned to the proper voting precinct; and
519          (B) send the individual the notice described in Section 20A-2-304; or
520          (ii) if the individual meets the qualifications to be preregistered to vote, process the
521     form in accordance with the requirements of Section 20A-2-101.1.

522          [(5) (a) If the county clerk receives a correctly completed voter registration form that is
523     dated after the voter registration deadline, the county clerk shall, unless]
524          [the individual named in the form is preregistering to vote: (i)]
525          [register the applicant after the next election; and]
526          [(ii) if possible, promptly phone or mail a notice to the applicant before the election,
527     informing the applicant that his]
528          [registration will not be effective until after the election.]
529          [(b) When the county clerk receives a correctly completed voter registration form at
530     least seven days before an election that is dated on or before the voter registration deadline, the
531     county clerk shall, unless the individual named in the form is preregistering to vote:]
532          [(i) process the voter registration form; and]
533          [(ii) record the new voter in the official register.]
534          Ŝ→ [
(6) An individual shall submit the application and evidence described in Subsection
535     (5)(c)(i)(B) to the county clerk within 30 days after the day on which the county clerk sends the
536     notice described in Subsection (5)(c)(i).
537          (7)
] (6) ←Ŝ
(a) When the county clerk receives a correctly completed voter registration form
538     under this section, the clerk shall:
539          (i) comply with the applicable provisions of this Subsection Ŝ→ [
(7)] (6) ←Ŝ ; or
540          (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
541          (b) If the county clerk receives a correctly completed voter registration form under this
542     section during the period beginning on the date after the voter registration deadline and ending
543     on the date that is 15 calendar days before the date of an election, the county clerk shall:
544          (i) accept the voter registration form; and
545          (ii) unless the individual is preregistering to vote, inform the individual that the
546     individual is registered to vote in the pending election.
547          (c) If the county clerk receives a correctly completed voter registration form under this
548     section during the period beginning on the date that is 14 calendar days before the election and
549     ending on the date that is seven calendar days before the election, the county clerk shall:
550          (i) accept the voter registration form; and
551          (ii) unless the individual is preregistering to vote, inform the individual that:
552          (A) the individual is registered to vote in the pending election; and

553          (B) for the pending election, the individual must vote on the day of the election or by
554     provisional ballot, under Section 20A-2-207, during the early voting period described in
555     Section 20A-3-601 because the individual registered late.
556          (d) If the county clerk receives a correctly completed voter registration form under this
557     section during the six calendar days before an election, the county clerk shall:
558          (i) accept the application for registration Ŝ→ [
if] of ←Ŝ the individual; and
559          (ii) unless the individual is preregistering to vote, inform the individual:
560          (A) of each manner still available to the individual to timely register to vote in the
561     current election; and
562          (B) that, if the individual does not timely register in a manner described in Subsection
563     (7)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
564     because the individual registered late.
565          [(6)] Ŝ→ [
(8)] (7) ←Ŝ (a) If the county clerk determines that [a] an individual's voter
565a     registration
566     form received from the Driver License Division is incorrect because of an error [or], because
567     [it] the form is incomplete, or because the individual does not meet the qualifications to be
568     registered to vote, the county clerk shall mail notice to the individual [attempting to register or
569     preregister to vote,] stating that the individual has not been registered or preregistered because
570     of an error [or], because the form is incomplete, or because the individual does not meet the
571     qualifications to be registered to vote.
572          (b) If a county clerk believes, based upon a review of a voter registration form, that an
573     individual, who knows that the individual is not legally entitled to register or preregister to
574     vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
575     the form to the county attorney for investigation and possible prosecution.
576          Section 7. Section 20A-2-205 is amended to read:
577          20A-2-205. Registration at voter registration agencies.
578          (1) As used in this section:
579          (a) "Discretionary voter registration agency" means the same as that term is defined in
580     Section 20A-2-300.5.
581          (b) "Public assistance agency" means each office in Utah that provides:
582          (i) public assistance; or
583          (ii) state funded programs primarily engaged in providing services to people with

584     disabilities.
585          (2) An individual may obtain and complete a by-mail registration form at a public
586     assistance agency or discretionary voter registration agency.
587          (3) Each public assistance agency and discretionary voter registration agency shall
588     provide, either as part of existing forms or on a separate form, the following information in
589     substantially the following form:
590          "REGISTERING TO VOTE
591          If you are not registered to vote where you live now, would you like to apply to register
592     or preregister to vote here today? (The decision of whether to register or preregister to vote will
593     not affect the amount of assistance that you will be provided by this agency.) Yes____ No____
594     IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
595     DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
596     would like help in filling out the voter registration form, we will help you. The decision about
597     whether to seek or accept help is yours. You may fill out the application form in private. If
598     you believe that someone has interfered with your right to register or preregister or to decline to
599     register or preregister to vote, your right to privacy in deciding whether to register or
600     preregister, or in applying to register or preregister to vote, or your right to choose your own
601     political party or other political preference, you may file a complaint with the Office of the
602     Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
603     of the Office of the Lieutenant Governor)."
604          (4) Unless a person applying for service or assistance from a public assistance agency
605     or discretionary voter registration agency declines, in writing, to register or preregister to vote,
606     each public assistance agency and discretionary voter registration agency shall:
607          (a) distribute a by-mail voter registration form with each application for service or
608     assistance provided by the agency or office;
609          (b) assist applicants in completing the voter registration form unless the applicant
610     refuses assistance;
611          (c) accept completed forms for transmittal to the appropriate election official; and
612          (d) transmit a copy of each voter registration form to the appropriate election official
613     within five days after it is received by the division.
614          (5) A person in a public assistance agency or a discretionary voter registration agency

615     that helps a person complete the voter registration form may not:
616          (a) seek to influence an applicant's political preference or party registration;
617          (b) display any political preference or party allegiance;
618          (c) make any statement to an applicant or take any action that has the purpose or effect
619     of discouraging the applicant from registering to vote; or
620          (d) make any statement to an applicant or take any action that has the purpose or effect
621     of leading the applicant to believe that a decision of whether to register or preregister has any
622     bearing upon the availability of services or benefits.
623          (6) Upon receipt of a correctly completed voter registration form, the county clerk
624     shall, unless the individual named in the form is preregistering to vote:
625          (a) enter the applicant's name on the list of registered voters for the voting precinct in
626     which the applicant resides; and
627          (b) notify the applicant of registration.
628          (7) [(a)] If the county clerk receives a correctly completed voter registration form that
629     is dated after the voter registration deadline, the county clerk shall[, unless]:
630          (a) if the individual named in the form is preregistering to vote[: (i)], comply with
631     Section 20A-2-101.1; or
632          (b) (i) unless the individual timely registers to vote in the current election in a manner
633     that permits registration after the voter registration deadline, register the [applicant] individual
634     after the next election; and
635          (ii) if possible, promptly phone or mail a notice to the [applicant] individual before the
636     election, informing the [applicant that his] individual:
637          (A) of each manner still available to the individual to timely register to vote in the
638     current election; and
639          (B) that, if the individual does not timely register in a manner described in Subsection
640     (7)(b)(ii)(A), the individual's registration will not be effective until after the election.
641          [(b)] (8) When the county clerk receives a correctly completed voter registration form
642     at least seven days before an election that is dated on or before the voter registration deadline,
643     the county clerk shall:
644          [(i)] (a) process the voter registration form; and
645          [(ii)] (b) record the new voter in the official register.

646          [(8)] (9) If the county clerk determines that a voter registration form received from a
647     public assistance agency or discretionary voter registration agency is incorrect because of an
648     error or because it is incomplete, the county clerk shall mail notice to the individual attempting
649     to register or preregister to vote, stating that the individual has not been registered or
650     preregistered to vote because of an error or because the form is incomplete.
651          Section 8. Section 20A-2-206 is amended to read:
652          20A-2-206. Electronic registration -- Requests for absentee ballot application.
653          (1) The lieutenant governor may create and maintain an electronic system that is
654     publicly available on the Internet for an individual to apply for voter registration or
655     preregistration and for an individual to request an absentee ballot.
656          (2) An electronic system for voter registration or preregistration shall require:
657          (a) that an applicant have a valid driver license or identification card, issued under Title
658     53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
659     of residence;
660          (b) that the applicant provide the information required by Section 20A-2-104, except
661     that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
662     and (4);
663          (c) that the applicant attest to the truth of the information provided; and
664          (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
665     applicant's:
666          (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
667     Uniform Driver License Act, for voter registration purposes; or
668          (ii) signature on file in the lieutenant governor's statewide voter registration database
669     developed under Section 20A-2-109.
670          (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
671     voter registration or preregistration created under this section is not required to complete a
672     printed registration form.
673          (4) A system created and maintained under this section shall provide the notices
674     concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
675          (5) The lieutenant governor shall:
676          (a) obtain a digital copy of the applicant's driver license or identification card signature

677     from the Driver License Division; or
678          (b) ensure that the applicant's signature is already on file in the lieutenant governor's
679     statewide voter registration database developed under Section 20A-2-109.
680          (6) The lieutenant governor shall send the information to the county clerk for the
681     county in which the applicant's principal place of residence is found for further action as
682     required by Section 20A-2-304 after:
683          (a) receiving all information from an applicant; and
684          (b) (i) receiving all information from the Driver License Division; or
685          (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
686     statewide voter registration database developed under Section 20A-2-109.
687          (7) The lieutenant governor may use additional security measures to ensure the
688     accuracy and integrity of an electronically submitted voter registration.
689          (8) [(a)] If an individual applies to register under this section during the period
690     beginning on the date after the voter registration deadline and ending on the date that is 15
691     calendar days before the date of an election, the county clerk shall, unless the individual is
692     preregistering to vote:
693          [(i)] (a) accept the application for registration if the individual, on the date of the
694     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
695          [(ii)] (b) inform the individual that the individual is registered to vote in the pending
696     election.
697          [(b)] (9) If an individual applies to register under this section during the period
698     beginning on the date that is 14 calendar days before the election and ending on the date that is
699     seven calendar days before the election, the county clerk shall, unless the individual is
700     preregistering to vote:
701          [(i)] (a) accept the application for registration if the individual, on the date of the
702     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
703          [(ii)] (b) inform the individual that:
704          [(A)] (i) the individual is registered to vote in the pending election; and
705          [(B)] (ii) for the pending election, the individual must vote on the day of the election
706     [and is not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
707     individual registered too late] or by provisional ballot, under Section 20A-2-207, during the

708     early voting period described in Section 20A-3-601 because the individual registered late.
709          [(c)] (10) If an individual applies to register under this section during the six calendar
710     days before an election, the county clerk shall[, unless]:
711          (a) if the individual is preregistering to vote[: (i)], comply with Section 20A-2-101.1;
712     or
713          (b) (i) accept the application for registration if the individual, on the date of the
714     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
715          (ii) unless the individual timely registers to vote in the current election in a manner that
716     permits registration after the voter registration deadline, inform the individual [that the
717     individual]:
718          (A) of each manner still available to the individual to timely register to vote in the
719     current election; and
720          (B) that, if the individual does not timely register in a manner described in Subsection
721     (10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
722     because the individual registered [too] late.
723          [(9)] (11) (a) A registered voter may file an application for an absentee ballot in
724     accordance with Section 20A-3-304 on the electronic system for voter registration established
725     under this section.
726          (b) The lieutenant governor shall provide a means by which a registered voter shall
727     sign the application form as provided in Section 20A-3-304.
728          Section 9. Section 20A-2-207 is enacted to read:
729          20A-2-207. Registration by provisional ballot.
730          (1) An individual who is not registered to vote may register to vote, and vote, on
731     election day or during the early voting period described in Section 20A-3-601, by voting a
732     provisional ballot, if:
733          (a) the individual is otherwise legally entitled to vote the ballot;
734          (b) the ballot is identical to the ballot for the precinct in which the individual resides;
735          (c) the information on the provisional ballot form is complete; and
736          (d) the individual provides valid voter identification and proof of residence to the poll
737     worker.
738          (2) If a provisional ballot and the individual who voted the ballot comply with the

739     requirements described in Subsection (1), the election officer shall:
740          (a) consider the provisional ballot a voter registration form;
741          (b) place the ballot with the absentee ballots, to be counted with those ballots at the
742     canvass; and
743          (c) as soon as reasonably possible, register the individual to vote.
744          (3) Except as provided in Subsection (4), the election officer shall retain a provisional
745     ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
746     determines that the individual who voted the ballot:
747          (a) is not registered to vote and is not eligible for registration under this section; or
748          (b) is not legally entitled to vote the ballot that the individual voted.
749          (4) Subsection (3) does not apply if a court orders the election officer to produce or
750     count the provisional ballot.
751          (5) The lieutenant governor shall report to the Government Operations Interim
752     Committee on or before October 31, 2018, and on or before October 31, 2020, regarding:
753          (a) implementation of registration by provisional ballot, as described in this section, on
754     a statewide basis;
755          (b) any difficulties resulting from the implementation described in Subsection (5)(a);
756          (c) the effect of registration by provisional ballot on voter participation in Utah;
757          (d) the number of ballots cast by voters who registered by provisional ballot:
758          (i) during the early voting period described in Section 20A-3-601; and
759          (ii) on election day; and
760          (e) suggested changes in the law relating to registration by provisional ballot.
761          Section 10. Section 20A-2-304 is amended to read:
762          20A-2-304. County clerk's responsibilities -- Notice of disposition.
763          Each county clerk shall:
764          (1) register to vote each [applicant for registration] individual who meets the
765     requirements for registration and who:
766          (a) submits a completed voter registration form to the county clerk [on or before the
767     voter registration deadline];
768          (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
769     the Driver License Division[,];

770          (c) submits a completed voter registration form to a public assistance agency[,] or a
771     discretionary voter registration agency [on or before the voter registration deadline]; or
772          [(c)] (d) mails a completed by-mail voter registration form to the county clerk [on or
773     before the voter registration deadline]; and
774          (2) within 30 days after the day on which the county clerk processes a voter registration
775     [application] form, send a notice to the individual who submits the [application] form that:
776          (a) (i) informs the individual that the individual's [application for] voter registration
777     form has been accepted and that the individual is registered to vote;
778          (ii) informs the individual of the procedure for designating or changing the individual's
779     political affiliation; and
780          (iii) informs the individual of the procedure to cancel a voter registration;
781          (b) informs the individual that the individual's [application for] voter registration form
782     has been rejected and the reason for the rejection; or
783          (c) (i) informs the individual that the [application for] individual's voter registration
784     form is being returned to the individual for further action because the [application] form is
785     incomplete; and
786          (ii) gives instructions to the individual on how to properly complete the [application]
787     form.
788          Section 11. Section 20A-2-306 is amended to read:
789          20A-2-306. Removing names from the official register -- Determining and
790     confirming change of residence.
791          (1) A county clerk may not remove a voter's name from the official register on the
792     grounds that the voter has changed residence unless the voter:
793          (a) confirms in writing that the voter has changed residence to a place outside the
794     county; or
795          (b) (i) has not voted in an election during the period beginning on the date of the notice
796     required by Subsection (3), and ending on the day after the date of the second regular general
797     election occurring after the date of the notice; and
798          (ii) has failed to respond to the notice required by Subsection (3).
799          (2) (a) When a county clerk obtains information that a voter's address has changed and
800     it appears that the voter still resides within the same county, the county clerk shall:

801          (i) change the official register to show the voter's new address; and
802          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
803     printed on a postage prepaid, preaddressed return form.
804          (b) When a county clerk obtains information that a voter's address has changed and it
805     appears that the voter now resides in a different county, the county clerk shall verify the
806     changed residence by sending to the voter, by forwardable mail, the notice required by
807     Subsection (3) printed on a postage prepaid, preaddressed return form.
808          (3) Each county clerk shall use substantially the following form to notify voters whose
809     addresses have changed:
810          "VOTER REGISTRATION NOTICE
811          We have been notified that your residence has changed. Please read, complete, and
812     return this form so that we can update our voter registration records. What is your current
813     street address?
814     ___________________________________________________________________________
815     Street                      City                County          State          Zip
816          If you have not changed your residence or have moved but stayed within the same
817     county, you must complete and return this form to the county clerk so that it is received by the
818     county clerk no later than 30 days before the date of the election. If you fail to return this form
819     within that time:
820          - you may be required to show evidence of your address to the poll worker before being
821     allowed to vote in either of the next two regular general elections; or
822          - if you fail to vote at least once from the date this notice was mailed until the passing
823     of two regular general elections, you will no longer be registered to vote. If you have changed
824     your residence and have moved to a different county in Utah, you may register to vote by
825     contacting the county clerk in your county.
826     ________________________________________
827     Signature of Voter"
828          "The portion of a voter registration form that lists a person's driver license or
829     identification card number, social security number, and email address is a private record. The
830     portion of a voter registration form that lists a person's date of birth is a private record, the use
831     of which is restricted to government officials, government employees, political parties, or

832     certain other persons.
833          [If you believe that disclosure of any information contained in this voter registration
834     form to a person other than a government official or government employee is likely to put you
835     or a member of your household's life or safety at risk, or to put you or a member of your
836     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
837     or your county clerk to have your entire voter registration record classified as private."
838          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
839     names of any voters from the official register during the 90 days before a regular primary
840     election and the 90 days before a regular general election.
841          (b) The county clerk may remove the names of voters from the official register during
842     the 90 days before a regular primary election and the 90 days before a regular general election
843     if:
844          (i) the voter requests, in writing, that the voter's name be removed; or
845          (ii) the voter has died.
846          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
847     may list that voter as inactive.
848          (ii) If a county clerk receives a returned voter identification card, determines that there
849     was no clerical error causing the card to be returned, and has no further information to contact
850     the voter, the county clerk may list that voter as inactive.
851          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
852     privileges of a registered voter.
853          (iv) A county is not required to send routine mailings to an inactive voter and is not
854     required to count inactive voters when dividing precincts and preparing supplies.
855          Section 12. Section 20A-2-307 is amended to read:
856          20A-2-307. County clerks' instructions to election judges.
857          (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
858     ballot if:
859          (a) the voter has moved from one address within a voting precinct to another address
860     within the same voting precinct; and
861          (b) the voter affirms the change of address orally or in writing before the election
862     judges.

863          (2) Each county clerk shall instruct election judges to allow [a person] an individual to
864     vote a provisional ballot if:
865          (a) the individual is not registered to vote, but is otherwise legally entitled to vote
866     under Section 20A-2-207;
867          [(a)] (b) the voter's name does not appear on the official register; or
868          [(b)] (c) the voter is challenged as provided in Section 20A-3-202.
869          Section 13. Section 20A-3-302 is amended to read:
870          20A-3-302. Conducting election by absentee ballot prohibited -- Exception.
871          (1) (a) Notwithstanding Section 17B-1-306, an election officer may administer an
872     election [entirely] by absentee ballot under this section.
873          (b) An election officer who administers an election [entirely] by absentee ballot, except
874     for an election conducted under Section 20A-7-609.5, shall, before the following dates, notify
875     the lieutenant governor that the election will be administered [entirely] by absentee ballot:
876          (i) February 1 of an even-numbered year if the election is a regular general election; or
877          (ii) May 1 of an odd-numbered year if the election is a municipal general election.
878          (2) [If the] An election officer [decides to administer] who administers an election
879     [entirely] by absentee ballot[, the election officer]:
880          (a) shall mail to each [registered] active voter within [that] a voting precinct:
881          [(a)] (i) an absentee ballot;
882          [(b)] (ii) for an election administered by a county clerk, information regarding the
883     location and hours of operation of any election day voting center at which the voter may vote;
884          [(c)] (iii) a courtesy reply mail envelope;
885          [(d)] (iv) instructions for returning the ballot that include an express notice about any
886     relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
887          [(e)] (v) for an election administered by an election officer other than a county clerk, if
888     the election officer does not operate a polling location or an election day voting center, a
889     warning, on a separate page of colored paper in bold face print, indicating that if the voter fails
890     to follow the instructions included with the absentee ballot, the voter will be unable to vote in
891     that election because there will be no polling place in the voting precinct on the day of the
892     election[.]; and
893          (b) may not mail an absentee ballot under this section to:

894          (i) an inactive voter; or
895          (ii) a voter whom the election officer is prohibited from sending an absentee ballot
896     under Subsection (8)(c)(ii).
897          (3) A voter who votes by absentee ballot under this section is not required to apply for
898     an absentee ballot as required by this part.
899          (4) An election officer who administers an election [entirely] by absentee ballot shall:
900          (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
901     the election; or
902          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
903     and
904          (b) maintain the signatures on file in the election officer's office.
905          (5) Upon receipt of a returned absentee ballot, the election officer shall review and
906     process the ballot under Section 20A-3-308.
907          (6) A county that administers an election [entirely] by absentee ballot:
908          (a) shall provide at least one election day voting center in accordance with Title 20A,
909     Chapter 3, Part 7, Election Day Voting Center, for every 5,000 active voters in the county who
910     will not receive an absentee ballot, but not fewer than one election day voting center;
911          (b) shall ensure that [an] each election day voting center operated by the county has at
912     least one voting device that is accessible, in accordance with the Help America Vote Act of
913     2002, Pub. L. No. 107-252, for individuals with disabilities;
914          (c) may reduce the early voting period described in Section 20A-6-301, if:
915          (i) the county clerk conducts early voting on at least four days;
916          (ii) the early voting days are within the period beginning on the date that is 14 days
917     before the date of the election and ending on the day before the election; and
918          (iii) the county clerk provides notice of the reduced early voting period in accordance
919     with Section 20A-3-604;
920          [(c)] (d) is not required to pay return postage for an absentee ballot; and
921          [(d)] (e) is subject to an audit conducted under Subsection (7).
922          (7) (a) The lieutenant governor shall:
923          (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
924     an election conducted under this section; and

925          (ii) after each primary, general, or special election conducted under this section, select
926     a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
927     developed under Subsection (7)(a)(i).
928          (b) The lieutenant governor shall post the results of an audit conducted under this
929     Subsection (7) on the lieutenant governor's website.
930          (8) (a) An individual in a jurisdiction that conducts an election by absentee ballot may
931     request that the election officer not send the individual a ballot by mail in the next and
932     subsequent elections by submitting a written request to the election officer.
933          (b) An individual shall submit the request described in Subsection (8)(a) to the election
934     officer at least 60 days before an election if the individual does not wish to receive an absentee
935     ballot in that election.
936          (c) An election officer who receives a request from an individual under Subsection
937     (8)(a):
938          (i) shall remove the individual's name from the list of voters who will receive an
939     absentee ballot; and
940          (ii) may not send the individual an absentee ballot for:
941          (A) the next election, if the individual submits the request described in Subsection
942     (8)(a) before the deadline described in Subsection (8)(b); or
943          (B) an election after the election described in Subsection (8)(c)(ii)(A).
944          (d) An individual who submits a request under Subsection (8)(a) may resume the
945     individual's receipt of an absentee ballot in an election conducted under this section by filing an
946     absentee ballot request under Section 20A-3-304.
947          Section 14. Section 20A-3-304 is amended to read:
948          20A-3-304. Application for absentee ballot -- Time for filing and voting.
949          (1) (a) [Any] A registered voter who wishes to vote an absentee ballot may [either:(i)]
950     file an absentee ballot application:
951          [(A)] (i) on the electronic system maintained by the lieutenant governor under Section
952     20A-2-206; [or]
953          [(B)] (ii) with the appropriate election officer for an official absentee ballot as provided
954     in this section; or
955          (iii) by answering "yes" to the question described in Subsection 20A-2-108(2)(a) when

956     registering to vote while filing a driver license or state identification card application.
957          [(ii)] (b) An absentee voter may vote in person at the office of the appropriate election
958     officer as provided in Section 20A-3-306.
959          [(b)] (c) A person that collects a completed absentee ballot application from a
960     registered voter shall file the completed absentee ballot application with the appropriate
961     election official before the earlier of:
962          (i) 14 days after the day on which the registered voter signed the absentee ballot form;
963     or
964          (ii) the [Thursday] Tuesday before the next election.
965          (2) As it relates to an absentee ballot application to be filled out entirely by the voter:
966          (a) except as provided in Subsection (2)(b), the lieutenant governor or election officer
967     shall approve an application form for absentee ballot applications:
968          (i) in substantially the following form:
969          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
970     apply for an official absentee ballot to be voted by me at the election.
971          Date ________ (month\day\year) Signed ___________________________
972                                             Voter"; and
973          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
974     status:
975          (A) until the voter requests otherwise at a future date; or
976          (B) until a date specified by the voter in the application form; and
977          (b) the lieutenant governor or election officer shall approve an application form for
978     regular primary elections and for the Western States Presidential Primary:
979          (i) in substantially the following form:
980          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
981     apply for an official absentee ballot for the _______________ political party to be voted by me
982     at the primary election.
983          I understand that I must be affiliated with or authorized to vote the political party's
984     ballot that I request.
985          Dated _________ (month\day\year) ____ Signed ___________________________
986                                                  Voter"; and

987          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
988     status:
989          (A) until the voter requests otherwise at a future date; or
990          (B) until a date specified by the voter in the application form.
991          (3) If requested by the applicant, the election officer shall:
992          (a) mail or fax the application form to the absentee voter; or
993          (b) deliver the application form to any voter who personally applies for it at the office
994     of the election officer.
995          (4) As it relates to an absentee ballot application to be filled out for, and finished and
996     signed by, a voter:
997          (a) except as provided in Subsection (4)(b), the lieutenant governor or election officer
998     shall approve an application form for absentee ballot applications:
999          (i) in substantially the following form:
1000          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
1001     apply for an official absentee ballot to be voted by me at the election.
1002          I understand that a person that collects this absentee ballot application is required to file
1003     it with the appropriate election official before the earlier of fourteen days after the day on
1004     which I sign the application or the [Thursday] Tuesday before the next election.
1005          This form is provided by (insert name of person or organization).
1006          I have verified that the information on this application is correct.
1007          I understand that I will receive a ballot at the following address: (insert address and an
1008     adjacent check box);
1009          OR
1010          I request that the ballot be mailed to the following address: (insert blank space for an
1011     address and an adjacent check box).
1012          Date ________ (month\day\year) Signed ___________________________
1013          Voter"; and
1014          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
1015     status:
1016          (A) until the voter requests otherwise at a future date; or
1017          (B) until a date specified by the voter in the application form; and

1018          (b) the lieutenant governor or election officer shall approve an application form for
1019     regular primary elections and for the Western States Presidential Primary:
1020          (i) in substantially the following form:
1021          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
1022     apply for an official absentee ballot for the _______________ political party to be voted by me
1023     at the primary election.
1024          I understand that I must be affiliated with or authorized to vote the political party's
1025     ballot that I request. I understand that a person that collects this absentee ballot application is
1026     required to file it with the appropriate election official before the earlier of fourteen days after
1027     the day on which I sign the application or the [Thursday] Tuesday before the next primary
1028     election.
1029          This form is provided by (insert name of person or organization).
1030          I have verified that the information on this application is correct.
1031          I understand that I will receive a ballot at the following address: (insert address and an
1032     adjacent check box);
1033          OR
1034          I request that the ballot be mailed to the following address: (insert blank space for an
1035     address and an adjacent check box).
1036          Dated _________ (month\day\year) ____ Signed ___________________________
1037          Voter"; and
1038          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
1039     status:
1040          (A) until the voter requests otherwise at a future date; or
1041          (B) until a date specified by the voter in the application form.
1042          (5) The forms described in Subsections (2) and (4) shall contain instructions on how a
1043     voter may cancel an absentee ballot application.
1044          (6) Except as provided in Subsection 20A-3-306(2)(a), a voter who wishes to vote by
1045     absentee ballot shall file the application for an absentee ballot with the lieutenant governor or
1046     appropriate election officer no later than the [Thursday] Tuesday before election day.
1047          (7) (a) A county clerk shall establish an absentee voter list containing the name of each
1048     voter who:

1049          (i) requests absentee voter status; and
1050          (ii) meets the requirements of this section.
1051          (b) A county clerk may not remove a voter's name from the list described in Subsection
1052     (7)(a) unless:
1053          (i) the voter is no longer listed in the official register;
1054          (ii) the voter cancels the voter's absentee status; [or]
1055          (iii) the voter's name is removed on the date specified by the voter on the absentee
1056     ballot application form[.]; or
1057          (iv) the county clerk is required to remove the voter's name from the list under
1058     Subsection (7)(c) or 20A-3-302(8)(c)(ii).
1059          (c) A county clerk shall remove a voter's name from the list described in Subsection
1060     (7)(a) if the voter fails to vote in two consecutive regular general elections.
1061          [(c)] (d) (i) Each year, the clerk shall mail a questionnaire to each voter whose name is
1062     on the absentee voter list.
1063          (ii) The questionnaire shall allow the voter to:
1064          (A) verify the voter's residence; or
1065          (B) cancel the voter's absentee status.
1066          [(d)] (e) The clerk shall provide a copy of the absentee voter list to election officers for
1067     use in elections.
1068          Section 15. Section 20A-3-306 is amended to read:
1069          20A-3-306. Voting ballot -- Returning ballot.
1070          (1) (a) Except as provided by Section 20A-1-308, to vote a mail-in absentee ballot, the
1071     absentee voter shall:
1072          (i) complete and sign the affidavit on the envelope;
1073          (ii) mark the votes on the absentee ballot;
1074          (iii) place the voted absentee ballot in the envelope;
1075          (iv) securely seal the envelope; and
1076          (v) attach postage, unless voting in accordance with Section 20A-3-302, and deposit
1077     the envelope in the mail or deliver it in person to the election officer from whom the ballot was
1078     obtained.
1079          (b) Except as provided by Section 20A-1-308, to vote an absentee ballot in person at

1080     the office of the election officer, the absent voter shall:
1081          (i) complete and sign the affidavit on the envelope;
1082          (ii) mark the votes on the absent-voter ballot;
1083          (iii) place the voted absent-voter ballot in the envelope;
1084          (iv) securely seal the envelope; and
1085          (v) give the ballot and envelope to the election officer.
1086          (2) Except as provided by Section 20A-1-308, an absentee ballot is not valid unless:
1087          (a) in the case of an absentee ballot that is voted in person, the ballot is:
1088          (i) applied for and cast in person at the office of the appropriate election officer no later
1089     than the [Thursday] Tuesday before election day; or
1090          (ii) submitted on election day at a polling location in the political subdivision where
1091     the absentee voter resides;
1092          (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
1093          (i) clearly postmarked before election day, or otherwise clearly marked by the post
1094     office as received by the post office before election day; and
1095          (ii) received in the office of the election officer before noon on the day of the official
1096     canvass following the election; or
1097          (c) in the case of a military-overseas ballot, the ballot is submitted in accordance with
1098     Section 20A-16-404.
1099          (3) An absentee voter may submit a completed absentee ballot at a polling location in a
1100     political subdivision holding the election, if the absentee voter resides in the political
1101     subdivision.
1102          (4) An absentee voter may submit an incomplete absentee ballot at a polling location
1103     for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
1104     vote in person.
1105          Section 16. Section 20A-3-601 is amended to read:
1106          20A-3-601. Early voting.
1107          (1) (a) An individual who is registered to vote may vote before the election date in
1108     accordance with this section.
1109          (b) An individual who is not registered to vote may register to vote and vote before the
1110     election date in accordance with this section if the individual:

1111          (i) is otherwise legally entitled to vote the ballot [in a jurisdiction that is approved by
1112     the lieutenant governor to participate in the pilot project described in Section 20A-4-108]; and
1113          (ii) casts a provisional ballot in accordance with Section [20A-4-108] 20A-2-207.
1114          (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period
1115     shall:
1116          (a) begin on the date that is 14 days before the date of the election; and
1117          (b) continue through the Friday before the election if the election date is a Tuesday.
1118          (3) An election officer may extend the end of the early voting period to the day before
1119     the election date if the election officer provides notice of the extension in accordance with
1120     Section 20A-3-604.
1121          (4) Except as provided in Section 20A-1-308, during the early voting period, the
1122     election officer:
1123          (a) for a local special election, a municipal primary election, and a municipal general
1124     election:
1125          (i) shall conduct early voting on a minimum of four days during each week of the early
1126     voting period; and
1127          (ii) shall conduct early voting on the last day of the early voting period; and
1128          (b) for all other elections:
1129          (i) shall conduct early voting on each weekday; and
1130          (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
1131          (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
1132     early voting shall be administered according to the requirements of this title.
1133          Section 17. Section 20A-3-605 is amended to read:
1134          20A-3-605. Exemptions from early voting.
1135          (1) (a) This part does not apply to an election of a board member of a local district.
1136          (b) Notwithstanding Subsection (1)(a), a local district may, at its discretion, provide
1137     early voting in accordance with this part for an election of a board member.
1138          (2) Notwithstanding the requirements of Section 20A-3-601, a municipality of the fifth
1139     class or a town as described in Section 10-2-301 may provide early voting as provided under
1140     this part for:
1141          (a) a municipal primary election; or

1142          (b) a municipal general election.
1143          (3) A municipality [or county] that administers an election entirely by absentee ballot,
1144     in accordance with Section 20A-3-302, is not required to conduct early voting for the election.
1145          Section 18. Section 20A-4-107 is amended to read:
1146          20A-4-107. Review and disposition of provisional ballot envelopes.
1147          (1) As used in this section, a person is "legally entitled to vote" if:
1148          (a) the person:
1149          (i) is registered to vote in the state;
1150          (ii) votes the ballot for the voting precinct in which the person resides; and
1151          (iii) provides valid voter identification to the poll worker;
1152          (b) the person:
1153          (i) is registered to vote in the state;
1154          (ii) (A) provided valid voter identification to the poll worker; or
1155          (B) either failed to provide valid voter identification or the documents provided as
1156     valid voter identification were inadequate and the poll worker recorded that fact in the official
1157     register but the county clerk verifies the person's identity and residence through some other
1158     means; and
1159          (iii) did not vote in the person's precinct of residence, but the ballot that the person
1160     voted was from the person's county of residence and includes one or more candidates or ballot
1161     propositions on the ballot voted in the person's precinct of residence; or
1162          (c) the person:
1163          (i) is registered to vote in the state;
1164          (ii) either failed to provide valid voter identification or the documents provided as
1165     valid voter identification were inadequate and the poll worker recorded that fact in the official
1166     register; and
1167          (iii) (A) the county clerk verifies the person's identity and residence through some other
1168     means as reliable as photo identification; or
1169          (B) the person provides valid voter identification to the county clerk or an election
1170     officer who is administering the election by the close of normal office hours on Monday after
1171     the date of the election.
1172          (2) (a) Upon receipt of a provisional ballot [envelopes] form, the election officer shall

1173     review the affirmation on the [face of each] provisional ballot [envelope] form and determine if
1174     the person signing the affirmation is:
1175          (i) registered to vote in this state; and
1176          (ii) legally entitled to vote:
1177          (A) the ballot that the person voted; or
1178          (B) if the ballot is from the person's county of residence, for at least one ballot
1179     proposition or candidate on the ballot that the person voted.
1180          (b) [If] Except as provided in Section 20A-2-207, if the election officer determines that
1181     the person is not registered to vote in this state or is not legally entitled to vote in the county or
1182     for any of the ballot propositions or candidates on the ballot that the person voted, the election
1183     officer shall retain the ballot [envelope, unopened] form, uncounted, for the period specified in
1184     Section 20A-4-202 unless ordered by a court to produce or count it.
1185          (c) If the election officer determines that the person is registered to vote in this state
1186     and is legally entitled to vote in the county and for at least one of the ballot propositions or
1187     candidates on the ballot that the person voted, the election officer shall [remove the ballot from
1188     the provisional ballot envelope and] place the provisional ballot with the absentee ballots to be
1189     counted with those ballots at the canvass.
1190          (d) The election officer may not count, or allow to be counted a provisional ballot
1191     unless the person's identity and residence is established by a preponderance of the evidence.
1192          (3) If the election officer determines that the person is registered to vote in this state, or
1193     if the voter registers to vote in accordance with Section 20A-2-207, the election officer shall
1194     ensure that the voter registration records are updated to reflect the information provided on the
1195     provisional ballot [envelope] form.
1196          (4) [If] Except as provided in Section 20A-2-207, if the election officer determines that
1197     the person is not registered to vote in this state and the information on the provisional ballot
1198     [envelope] form is complete, the election officer shall:
1199          (a) consider the provisional ballot [envelope] form a voter registration form for the
1200     person's county of residence; and
1201          (b) (i) register the person if the voter's county of residence is within the county; or
1202          (ii) forward the voter registration form to the election officer of the person's county of
1203     residence, which election officer shall register the person.

1204          (5) Notwithstanding any provision of this section, the election officer shall [remove the
1205     ballot from] place a provisional ballot [envelope and place the ballot] with the absentee ballots
1206     to be counted with those ballots at the canvass, if:
1207          (a) (i) the election officer determines, in accordance with the provisions of this section,
1208     that the sole reason a provisional ballot may not otherwise be counted is because the voter
1209     registration was filed less than [eight] seven days before the election;
1210          (ii) [eight] seven or more days before the election, the individual who cast the
1211     provisional ballot:
1212          (A) completed and signed the voter registration; and
1213          (B) provided the voter registration to another person to file;
1214          (iii) the late filing was made due to the person described in Subsection (5)(a)(ii)(B)
1215     filing the voter registration less than [eight] seven days before the election; and
1216          (iv) the election officer receives the voter registration no later than one day before the
1217     day of the election; or
1218          (b) the provisional ballot is cast on or before election day [in a county or municipality
1219     that is approved by the lieutenant governor to participate in the pilot project and the provisional
1220     ballot] and is not otherwise prohibited from being counted under the provisions of this chapter.
1221          Section 19. Section 20A-6-105 is amended to read:
1222          20A-6-105. Provisional ballot envelopes.
1223          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
1224     substantially the following form:
1225          "AFFIRMATION
1226     Are you a citizen of the United States of America? Yes No
1227     Will you be 18 years old on or before election day? Yes No
1228     If you checked "no" in response to either of the two above questions, do not complete this
1229     form.
1230          Name of Voter _________________________________________________________
1231                         First                Middle               Last
1232          Driver License or Identification Card Number _________________________________
1233          State of Issuance of Driver License or Identification Card Number _________________
1234          Date of Birth ___________________________________________________________

1235          Street Address of Principal Place of Residence
1236          ______________________________________________________________________
1237               City               County               State          Zip Code
1238          Telephone Number (optional) ______________________________________________
1239          Last four digits of Social Security Number ____________________________
1240          Last former address at which I was registered to vote (if known)
1241          ______________________________________________________________________
1242               City               County               State          Zip Code
1243          Voting Precinct (if known)
1244     _________________________________________________
1245          I, (please print your full name)__________________________do solemnly swear or
1246     affirm:
1247          That I Ŝ→ [
am currently registered to vote in the state of Utah and] ←Ŝ am eligible to vote
1247a     in this
1248     election; that I have not voted in this election in any other precinct; that I am eligible to vote in
1249     this precinct; and that I request that I be permitted to vote in this precinct; and
1250          Subject to penalty of law for false statements, that the information contained in this
1251     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
1252     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
1253     immediately before this election.
1254     Signed ______________________________________________________________________
1255     Dated ______________________________________________________________________
1256          In accordance with Section 20A-3-506, wilfully providing false information above is a
1257     class B misdemeanor under Utah law and is punishable by imprisonment and by fine."
1258          "The portion of a voter registration form that lists a person's driver license or
1259     identification card number, social security number, and email address is a private record. The
1260     portion of a voter registration form that lists a person's date of birth is a private record, the use
1261     of which is restricted to government officials, government employees, political parties, or
1262     certain other persons.
1263          [If you believe that disclosure of any information contained in this voter registration
1264     form to a person other than a government official or government employee is likely to put you
1265     or a member of your household's life or safety at risk, or to put you or a member of your

1266     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
1267     or your county clerk to have your entire voter registration record classified as private."
1268          "CITIZENSHIP AFFIDAVIT
1269          Name:
1270          Name at birth, if different:
1271          Place of birth:
1272          Date of birth:
1273          Date and place of naturalization (if applicable):
1274          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1275     citizen and that to the best of my knowledge and belief the information above is true and
1276     correct.
1277                                             ____________________________
1278                                                  Signature of Applicant
1279          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1280     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1281     up to one year in jail and a fine of up to $2,500."
1282          (2) The provisional ballot envelope shall include:
1283          (a) a unique number;
1284          (b) a detachable part that includes the unique number; and
1285          (c) a telephone number, internet address, or other indicator of a means, in accordance
1286     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
1287          Section 20. Section 63G-2-302 is amended to read:
1288          63G-2-302. Private records.
1289          (1) The following records are private:
1290          (a) records concerning an individual's eligibility for unemployment insurance benefits,
1291     social services, welfare benefits, or the determination of benefit levels;
1292          (b) records containing data on individuals describing medical history, diagnosis,
1293     condition, treatment, evaluation, or similar medical data;
1294          (c) records of publicly funded libraries that when examined alone or with other records
1295     identify a patron;
1296          (d) records received by or generated by or for:

1297          (i) the Independent Legislative Ethics Commission, except for:
1298          (A) the commission's summary data report that is required under legislative rule; and
1299          (B) any other document that is classified as public under legislative rule; or
1300          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1301     unless the record is classified as public under legislative rule;
1302          (e) records received by, or generated by or for, the Independent Executive Branch
1303     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1304     of Executive Branch Ethics Complaints;
1305          (f) records received or generated for a Senate confirmation committee concerning
1306     character, professional competence, or physical or mental health of an individual:
1307          (i) if, prior to the meeting, the chair of the committee determines release of the records:
1308          (A) reasonably could be expected to interfere with the investigation undertaken by the
1309     committee; or
1310          (B) would create a danger of depriving a person of a right to a fair proceeding or
1311     impartial hearing; and
1312          (ii) after the meeting, if the meeting was closed to the public;
1313          (g) employment records concerning a current or former employee of, or applicant for
1314     employment with, a governmental entity that would disclose that individual's home address,
1315     home telephone number, social security number, insurance coverage, marital status, or payroll
1316     deductions;
1317          (h) records or parts of records under Section 63G-2-303 that a current or former
1318     employee identifies as private according to the requirements of that section;
1319          (i) that part of a record indicating a person's social security number or federal employer
1320     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1321     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1322          (j) that part of a voter registration record identifying a voter's:
1323          (i) driver license or identification card number;
1324          (ii) Social Security number, or last four digits of the Social Security number;
1325          (iii) email address; or
1326          (iv) date of birth;
1327          (k) a voter registration record that is classified as a private record by the lieutenant

1328     governor or a county clerk under Subsection 20A-2-104(4)(f) [or], 20A-2-101.1(5)(a), or
1329     20A-2-204(4)(b);
1330          (l) a record that:
1331          (i) contains information about an individual;
1332          (ii) is voluntarily provided by the individual; and
1333          (iii) goes into an electronic database that:
1334          (A) is designated by and administered under the authority of the Chief Information
1335     Officer; and
1336          (B) acts as a repository of information about the individual that can be electronically
1337     retrieved and used to facilitate the individual's online interaction with a state agency;
1338          (m) information provided to the Commissioner of Insurance under:
1339          (i) Subsection 31A-23a-115(3)(a);
1340          (ii) Subsection 31A-23a-302(4); or
1341          (iii) Subsection 31A-26-210(4);
1342          (n) information obtained through a criminal background check under Title 11, Chapter
1343     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1344          (o) information provided by an offender that is:
1345          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1346     Offender Registry or Title 77, Chapter 43, Child Abuse Registry; and
1347          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1348     77-43-108(4);
1349          (p) a statement and any supporting documentation filed with the attorney general in
1350     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1351     homeland security;
1352          (q) electronic toll collection customer account information received or collected under
1353     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1354     collected by a public transit district, including contact and payment information and customer
1355     travel data;
1356          (r) an email address provided by a military or overseas voter under Section
1357     20A-16-501;
1358          (s) a completed military-overseas ballot that is electronically transmitted under Title

1359     20A, Chapter 16, Uniform Military and Overseas Voters Act;
1360          (t) records received by or generated by or for the Political Subdivisions Ethics Review
1361     Commission established in Section 11-49-201, except for:
1362          (i) the commission's summary data report that is required in Section 11-49-202; and
1363          (ii) any other document that is classified as public in accordance with Title 11, Chapter
1364     49, Political Subdivisions Ethics Review Commission;
1365          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
1366     notified of an incident or threat; and
1367          (v) a criminal background check or credit history report conducted in accordance with
1368     Section 63A-3-201.
1369          (2) The following records are private if properly classified by a governmental entity:
1370          (a) records concerning a current or former employee of, or applicant for employment
1371     with a governmental entity, including performance evaluations and personal status information
1372     such as race, religion, or disabilities, but not including records that are public under Subsection
1373     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1374          (b) records describing an individual's finances, except that the following are public:
1375          (i) records described in Subsection 63G-2-301(2);
1376          (ii) information provided to the governmental entity for the purpose of complying with
1377     a financial assurance requirement; or
1378          (iii) records that must be disclosed in accordance with another statute;
1379          (c) records of independent state agencies if the disclosure of those records would
1380     conflict with the fiduciary obligations of the agency;
1381          (d) other records containing data on individuals the disclosure of which constitutes a
1382     clearly unwarranted invasion of personal privacy;
1383          (e) records provided by the United States or by a government entity outside the state
1384     that are given with the requirement that the records be managed as private records, if the
1385     providing entity states in writing that the record would not be subject to public disclosure if
1386     retained by it;
1387          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1388     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1389     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and

1390          (g) audio and video recordings created by a body-worn camera, as defined in Section
1391     77-7a-103, that record sound or images inside a home or residence except for recordings that:
1392          (i) depict the commission of an alleged crime;
1393          (ii) record any encounter between a law enforcement officer and a person that results in
1394     death or bodily injury, or includes an instance when an officer fires a weapon;
1395          (iii) record any encounter that is the subject of a complaint or a legal proceeding
1396     against a law enforcement officer or law enforcement agency;
1397          (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
1398     or
1399          (v) have been requested for reclassification as a public record by a subject or
1400     authorized agent of a subject featured in the recording.
1401          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1402     records, statements, history, diagnosis, condition, treatment, and evaluation.
1403          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1404     doctors, or affiliated entities are not private records or controlled records under Section
1405     63G-2-304 when the records are sought:
1406          (i) in connection with any legal or administrative proceeding in which the patient's
1407     physical, mental, or emotional condition is an element of any claim or defense; or
1408          (ii) after a patient's death, in any legal or administrative proceeding in which any party
1409     relies upon the condition as an element of the claim or defense.
1410          (c) Medical records are subject to production in a legal or administrative proceeding
1411     according to state or federal statutes or rules of procedure and evidence as if the medical
1412     records were in the possession of a nongovernmental medical care provider.
1413          Ŝ→ [
Section 21. Coordinating H.B. 218 with S.B. 74 -- Substantive amendments.
1414          If this H.B. 218 and S.B. 74, Voter Privacy Amendments, both pass and become law, it
1415     is the intent of the Legislature that, when the Office of Legislative Research and General
1416     Counsel prepares the Utah Code database for publication, Subsection 20A-2-104(6) in S.B. 74,
1417     is amended to read:
1418          "(6) (a) The lieutenant governor or a county clerk shall classify the voter registration
1419     record of a voter as a private record if the voter submits a written application, created by the
1420     lieutenant governor, requesting that the voter's voter registration record be classified as private.

1421          ☆(b) The lieutenant governor or a county clerk may not disclose the voter registration
1422     form of an individual, or information included in the individual's voter registration form, whose
1423     voter registration form is classified as private under Subsection (6)(a) to a person, other than a
1424     government official or government employee acting in the government official's or government
1425     employee's capacity as a government official or government employee. "
] ←Ŝ

1426          Section 22. Coordinating H.B. 218 with S.B. 17 -- Technical amendments.
1427          If this H.B. 218 and S.B. 17, Election Law Modifications, both pass and become law, it
1428     is the intent of the Legislature that the amendments to Section 20A-4-107 in this H.B. 218
1429     supersede the amendments to Section 20A-4-107 in S.B. 17, when the Office of Legislative
1430     Research and General Counsel prepares the Utah Code database for publication.
1431          Section 23. Coordinating H.B. 218 with S.B. 116 -- Technical amendments.
1432          If this H.B. 218 and S.B. 116, Revisor's Technical Corrections to Utah Code, both pass
1433     and become law, it is the intent of the Legislature that the amendments to Sections 20A-3-601
1434     and 20A-4-107 in this H.B. 218 supersede the amendments to Sections 20A-3-601 and
1435     20A-4-107 in S.B. 116, when the Office of Legislative Research and General Counsel prepares
1436     the Utah Code database for publication.
1437          Section 24. Coordinating H.B. 218 with H.B. 141 -- Technical amendments.
1438          If this H.B. 218 and H.B. 141, Early Voting Amendments, both pass and become law, it
1439     is the intent of the Legislature that the amendments to Subsection 20A-3-601(1) in this H.B.
1440     218 supersede the amendments to Subsection 20A-3-601(1) in H.B. 141, when the Office of
1441     Legislative Research and General Counsel prepares the Utah Code database for publication.