This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 7, 2018 at 10:41 AM by lpoole.
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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→ [
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→ [
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
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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→ [
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 -----------------------------------------------------------------------------------------------------------------
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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.
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131 or your county clerk to have your entire voter registration record classified as private."
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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)[
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[
243 lieutenant governor, requesting that the voter's voter registration record be classified as
244 private[
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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.
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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.
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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.
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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.
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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."
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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;
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361 fact that the applicant has declined to register or preregister will remain confidential and will be
362 used only for voter registration purposes;
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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.
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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 [
410 before the date of an election, inform the individual that:
411 (A) [
412 election; and
413 (B) for the pending election, the individual must vote on the day of the election [
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415 ballot, under Section 20A-2-207, during the early voting period described in Section
416 20A-3-601, because the individual registered [
417 (ii) [
418 the registration form on the date of an election or during the six calendar days before an
419 election, inform 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 [
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 [
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.
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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[
447 (a) if the individual named in the form is preregistering to vote[
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 [
451 after the next election; and
452 (ii) if possible, promptly [
453 [
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 [
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 [
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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 [
471
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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→ [
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 [
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485 five days after the day on which the division receives the address change; and
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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.
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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)
538 under this section, the clerk shall:
539 (i) comply with the applicable provisions of this Subsection Ŝ→ [
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→ [
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 [
565a registration
566 form received from the Driver License Division is incorrect because of an error [
567 [
568 registered to vote, the county clerk shall mail notice to the individual [
569
570 of an error [
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) [
629 is dated after the voter registration deadline, the county clerk shall[
630 (a) if the individual named in the form is preregistering to vote[
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 [
634 after the next election; and
635 (ii) if possible, promptly phone or mail a notice to the [
636 election, informing the [
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 [
642 at least seven days before an election that is dated on or before the voter registration deadline,
643 the county clerk shall:
644 [
645 [
646 [
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) [
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 [
694 election, will be legally qualified and entitled to vote in a voting precinct in the state; and
695 [
696 election.
697 [
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 [
702 election, will be legally qualified and entitled to vote in a voting precinct in the state; and
703 [
704 [
705 [
706 [
707
708 early voting period described in Section 20A-3-601 because the individual registered late.
709 [
710 days before an election, the county clerk shall[
711 (a) if the individual is preregistering to vote[
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 [
717
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 [
723 [
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 [
765 requirements for registration and who:
766 (a) submits a completed voter registration form to the county clerk [
767
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[
771 discretionary voter registration agency [
772 [
773
774 (2) within 30 days after the day on which the county clerk processes a voter registration
775 [
776 (a) (i) informs the individual that the individual's [
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 [
782 has been rejected and the reason for the rejection; or
783 (c) (i) informs the individual that the [
784 form is being returned to the individual for further action because the [
785 incomplete; and
786 (ii) gives instructions to the individual on how to properly complete the [
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 [
834
835
836
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 [
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 [
868 [
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 [
873 (b) An election officer who administers an election [
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 [
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) [
879 [
880 (a) shall mail to each [
881 [
882 [
883 location and hours of operation of any election day voting center at which the voter may vote;
884 [
885 [
886 relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
887 [
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[
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 [
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 [
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 [
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 [
921 [
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) [
950 file an absentee ballot application:
951 [
952 20A-2-206; [
953 [
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 [
958 officer as provided in Section 20A-3-306.
959 [
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 [
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 [
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 [
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 [
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; [
1055 (iii) the voter's name is removed on the date specified by the voter on the absentee
1056 ballot application form[
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 [
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 [
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 [
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 [
1112
1113 (ii) casts a provisional ballot in accordance with Section [
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 [
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 [
1173 review the affirmation on the [
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) [
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 [
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 [
1188
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 [
1196 (4) [
1197 the person is not registered to vote in this state and the information on the provisional ballot
1198 [
1199 (a) consider the provisional ballot [
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 [
1205
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 [
1210 (ii) [
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 [
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 [
1219
1220
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→ [
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 [
1264
1265
1266
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) [
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→ [
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. "
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.