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 an election by absentee ballot to provide a 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          20A-3-601, as last amended by Laws of Utah 2017, Chapter 58
70          20A-4-107, as last amended by Laws of Utah 2014, Chapters 98, 231 and last amended
71     by Coordination Clause, Laws of Utah 2014, Chapter 231
72     

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

86     
UTAH ELECTION REGISTRATION FORM

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

114     am preregistering to vote in a later election, I will be at least 18 years of age and will have
115     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
116     currently incarcerated for commission of a felony.
117          Signed and sworn
118          __________________________________________________________
119                              Voter's Signature
120          _______________(month/day/year).
121          "The portion of a voter registration form that lists a person's driver license or
122     identification card number, Social Security number, and email address is a private record. The
123     portion of a voter registration form that lists a person's date of birth is a private record, the use
124     of which is restricted to government officials, government employees, political parties, or
125     certain other persons.
126          [If you believe that disclosure of any information contained in this voter registration
127     form to a person other than a government official or government employee is likely to put you
128     or a member of your household's life or safety at risk, or to put you or a member of your
129     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
130     or your county clerk to have your entire voter registration record classified as private."
131     
CITIZENSHIP AFFIDAVIT

132     Name:
133     Name at birth, if different:
134     Place of birth:
135     Date of birth:
136     Date and place of naturalization (if applicable):
137          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
138     citizen and that to the best of my knowledge and belief the information above is true and
139     correct.
140     ____________________________
141     Signature of Applicant

142          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
143     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
144     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
145     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
146     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
147     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
148     PHOTOGRAPH; OR
149     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
150     CURRENT ADDRESS.
151     FOR OFFICIAL USE ONLY
152                                   Type of I.D. ____________________________
153                                   Voting Precinct _________________________
154                                   Voting I.D. Number _____________________
155     ------------------------------------------------------------------------------------------------------------------
156          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
157     of each voter registration form in a permanent countywide alphabetical file, which may be
158     electronic or some other recognized system.
159          (b) The county clerk may transfer a superseded voter registration form to the Division
160     of Archives and Records Service created under Section 63A-12-101.
161          (3) (a) Each county clerk shall retain lists of currently registered voters.
162          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
163          (c) If there are any discrepancies between the two lists, the county clerk's list is the
164     official list.
165          (d) The lieutenant governor and the county clerks may charge the fees established
166     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
167     the list of registered voters.
168          (4) (a) As used in this Subsection (4), "qualified person" means:
169          (i) a government official or government employee acting in the government official's or

170     government employee's capacity as a government official or a government employee;
171          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
172     independent contractor of a health care provider;
173          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
174     independent contractor of an insurance company;
175          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
176     independent contractor of a financial institution;
177          (v) a political party, or an agent, employee, or independent contractor of a political
178     party; or
179          (vi) a person, or an agent, employee, or independent contractor of the person, who:
180          (A) provides the date of birth of a registered voter that is obtained from the list of
181     registered voters only to a person who is a qualified person;
182          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a date of
183     birth that is obtained from the list of registered voters is provided, is a qualified person;
184          (C) ensures, using industry standard security measures, that the date of birth of a
185     registered voter that is obtained from the list of registered voters may not be accessed by a
186     person other than a qualified person;
187          (D) verifies that each qualified person, other than a qualified person described in
188     Subsection (4)(a)(i) or (v), to whom the person provides the date of birth of a registered voter
189     that is obtained from the list of registered voters, will only use the date of birth to verify the
190     accuracy of personal information submitted by an individual or to confirm the identity of a
191     person in order to prevent fraud, waste, or abuse;
192          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
193     person provides the date of birth of a registered voter that is obtained from the list of registered
194     voters, will only use the date of birth in the qualified person's capacity as a government official
195     or government employee; and
196          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
197     person provides the date of birth of a registered voter that is obtained from the list of registered

198     voters, will only use the date of birth for a political purpose.
199          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
200     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
201     the list of registered voters to a qualified person under this section, include, with the list, the
202     dates of birth of the registered voters, if:
203          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
204     the person is a qualified person; and
205          (ii) the qualified person signs a document that includes the following:
206          (A) the name, address, and telephone number of the person requesting the list of
207     registered voters;
208          (B) an indication of the type of qualified person that the person requesting the list
209     claims to be;
210          (C) a statement regarding the purpose for which the person desires to obtain the dates
211     of birth;
212          (D) a list of the purposes for which the date of birth of a registered voter that is
213     obtained from the list of registered voters may be used;
214          (E) a statement that the date of birth of a registered voter that is obtained from the list
215     of registered voters may not be provided or used for a purpose other than a purpose described
216     under Subsection (4)(b)(ii)(D);
217          (F) a statement that if the person obtains the date of birth of a registered voter from the
218     list of registered voters under false pretenses, or provides or uses the date of birth of a
219     registered voter that is obtained from the list of registered voters in a manner that is prohibited
220     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
221          (G) an assertion from the person that the person will not provide or use the date of birth
222     of a registered voter that is obtained from the list of registered voters in a manner that is
223     prohibited by law; and
224          (H) notice that if the person makes a false statement in the document, the person is
225     punishable by law under Section 76-8-504.

226          (c) The lieutenant governor or a county clerk may not disclose the date of birth of a
227     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
228          (i) is not a qualified person or a person described in Subsection (4)[(k)](j); or
229          (ii) will provide or use the date of birth in a manner prohibited by law.
230          (d) The lieutenant governor or a county clerk may not disclose the voter registration
231     form of a person, or information included in the person's voter registration form, whose voter
232     registration form is classified as private under Subsection (4)(f) to a person other than a
233     government official or government employee acting in the government official's or government
234     employee's capacity as a government official or government employee.
235          (e) A person is guilty of a class A misdemeanor if the person:
236          (i) obtains the date of birth of a registered voter from the list of registered voters under
237     false pretenses; or
238          (ii) uses or provides the date of birth of a registered voter that is obtained from the list
239     of registered voters, in a manner that is not permitted by law.
240          (f) The lieutenant governor or a county clerk shall classify the voter registration record
241     of a voter as a private record if the voter submits[:(i)] a written application, created by the
242     lieutenant governor, requesting that the voter's voter registration record be classified as
243     private[; and].
244          [(ii) provides evidence to the lieutenant governor or a county clerk establishing that
245     release of the information on the voter's voter registration record is likely to put the voter or a
246     member of the voter's household's life or safety at risk, or to put the voter or a member of the
247     voter's household at risk of being stalked or harassed.]
248          [(g) The evidence described in Subsection (4)(f) may include:]
249          [(i) a protective order;]
250          [(ii) a police report; or]
251          [(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
252     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
253     Lieutenant Governor.]

254          [(h)] (g) In addition to any criminal penalty that may be imposed under this section, the
255     lieutenant governor may impose a civil fine against a person who obtains the date of birth of a
256     registered voter from the list of registered voters under false pretenses, or provides or uses a
257     date of birth of a registered voter that is obtained from the list of registered voters in a manner
258     that is not permitted by law, in an amount equal to the greater of:
259          (i) the product of 30 and the square root of the total number of dates of birth obtained,
260     provided, or used unlawfully, rounded to the nearest whole dollar; or
261          (ii) $200.
262          [(i)] (h) A qualified person may not obtain, provide, or use the date of birth of a
263     registered voter, if the date of birth is obtained from the list of registered voters or from a voter
264     registration record, unless the person:
265          (i) is a government official or government employee who obtains, provides, or uses the
266     date of birth in the government official's or government employee's capacity as a government
267     official or government employee;
268          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
269     uses the date of birth only to verify the accuracy of personal information submitted by an
270     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
271          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
272     uses the date of birth for a political purpose; or
273          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
274     uses the date of birth to provide the date of birth to another qualified person to verify the
275     accuracy of personal information submitted by an individual or to confirm the identity of a
276     person in order to prevent fraud, waste, or abuse.
277          [(j)] (i) A person who is not a qualified person may not obtain, provide, or use the date
278     of birth of a registered voter, if the date of birth is obtained from the list of registered voters or
279     from a voter registration record, unless the person:
280          (i) is a candidate for public office and uses the date of birth only for a political purpose;
281     or

282          (ii) obtains the date of birth from a political party or a candidate for public office and
283     uses the date of birth only for the purpose of assisting the political party or candidate for public
284     office to fulfill a political purpose.
285          [(k)] (j) The lieutenant governor or a county clerk may provide a date of birth to a
286     member of the media, in relation to an individual designated by the member of the media, in
287     order for the member of the media to verify the identity of the individual.
288          (5) When political parties not listed on the voter registration form qualify as registered
289     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
290     lieutenant governor shall inform the county clerks about the name of the new political party
291     and direct the county clerks to ensure that the voter registration form is modified to include that
292     political party.
293          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
294     clerk's designee shall:
295          (a) review each voter registration form for completeness and accuracy; and
296          (b) if the county clerk believes, based upon a review of the form, that an individual
297     may be seeking to register or preregister to vote who is not legally entitled to register or
298     preregister to vote, refer the form to the county attorney for investigation and possible
299     prosecution.
300          Section 3. Section 20A-2-108 is amended to read:
301          20A-2-108. Driver license or state identification card registration form --
302     Transmittal of information.
303          (1) As used in this section, "qualifying form" means:
304          (a) a driver license application form; or
305          (b) a state identification card application form.
306          [(1)] (2) The lieutenant governor and the Driver License Division shall design [the
307     driver license application and renewal forms to include the following questions:] each
308     qualifying form to include:
309          (a) the following question, which an applicant is required to answer: "Do you authorize

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

338          [(iii) a citizenship affidavit in substantially the following form:]
339     
["CITIZENSHIP AFFIDAVIT]

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

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

394     the county in accordance with Section 20A-2-101.
395          (2) If an individual who is registering to vote submits a registration form in person at
396     the office of the county clerk during designated office hours, during the period beginning on
397     the date after the voter registration deadline and ending on the date that is 15 calendar days
398     before the date of the election, the county clerk shall:
399          (a) accept the form if the individual, on the date of the election, will be legally
400     qualified and entitled to vote in a voting precinct in the county; and
401          (b) inform the individual that the individual will be registered to vote in the pending
402     election.
403          (3) If an individual who is registering to vote and who will be legally qualified and
404     entitled to vote in a voting precinct in the county on the date of an election appears in person,
405     during designated office hours, and submits a registration form on the date of the election or
406     during the 14 calendar days before an election, the county clerk shall:
407          (a) accept the registration form; and
408          (b) (i) if [it is] the individual submits the registration form seven or more calendar days
409     before the date of an election, inform the individual that:
410          (A) [inform the individual that] the individual is registered to vote in the pending
411     election; and
412          (B) for the pending election, the individual must vote on the day of the election [and is
413     not eligible to vote using early voting under Chapter 3, Part 6, Early Voting] or by provisional
414     ballot, under Section 20A-2-207, during the early voting period described in Section
415     20A-3-601, because the individual registered [too] late; or
416          (ii) [except as provided in Subsection 20A-4-108(5), if it is] if the individual submits
417     the registration form on the date of an election or during the six calendar days before an
418     election, inform the individual [that the individual]:
419          (A) of each manner still available to the individual to timely register to vote in the
420     current election; and
421          (B) that, if the individual does not timely register in a manner described in Subsection

422     (3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
423     because the individual registered [too] late.
424          Section 5. Section 20A-2-202 is amended to read:
425          20A-2-202. Registration by mail.
426          (1) (a) A citizen who will be qualified to vote at the next election may register by mail.
427          (b) To register by mail, a citizen shall complete and sign the by-mail registration form
428     and mail or deliver it to the county clerk of the county in which the citizen resides.
429          (c) In order to register to vote in a particular election, the citizen shall:
430          (i) address the by-mail voter registration form to the county clerk; and
431          (ii) ensure that [it] the by-mail voter registration form is postmarked on or before the
432     voter registration deadline or is otherwise marked by the post office as received by the post
433     office on or before the voter registration deadline.
434          (d) The citizen has effectively registered to vote under this section only when the
435     county clerk's office has received a correctly completed by-mail voter registration form.
436          (2) Upon receipt of a correctly completed by-mail voter registration form, the county
437     clerk shall, unless the individual named in the form is preregistering to vote:
438          (a) enter the applicant's name on the list of registered voters for the voting precinct in
439     which the applicant resides; and
440          (b) mail confirmation of registration to the newly registered voter after entering the
441     applicant's voting precinct number on that copy.
442          (3) [(a)] If the county clerk receives a correctly completed by-mail voter registration
443     form that is postmarked after the voter registration deadline, and is not otherwise marked by
444     the post office as received by the post office before the voter registration deadline, the county
445     clerk shall[, unless]:
446          (a) if the individual named in the form is preregistering to vote[: (i)], comply with
447     Section 20A-2-101.1; or
448          (b) (i) unless the individual timely registers to vote in the current election in a manner
449     that permits registration after the voter registration deadline, register the [applicant] individual

450     after the next election; and
451          (ii) if possible, promptly [phone or] mail a notice to, or otherwise notify, the
452     [applicant] individual before the election, informing the [applicant that his] individual:
453          (A) of each manner still available to the individual to timely register to vote in the
454     current election; and
455          (B) that, if the individual does not timely register in a manner described in Subsection
456     (3)(b)(ii)(A), the individual's registration will not be effective until after the election.
457          [(b)] (4) When the county clerk receives a correctly completed by-mail voter
458     registration form at least seven days before an election that is postmarked on or before the date
459     of the voter registration deadline, or is otherwise marked by the post office as received by the
460     post office on or before the voter registration deadline, the county clerk shall:
461          [(i)] (a) process the by-mail voter registration form; and
462          [(ii)] (b) record the new voter in the official register.
463          [(4)] (5) If the county clerk determines that a registration form received by mail or
464     otherwise is incorrect because of an error or because it is incomplete, the county clerk shall
465     mail notice to the person attempting to register or preregister, stating that the person has not
466     been registered or preregistered because of an error or because the form is incomplete.
467          Section 6. Section 20A-2-204 is amended to read:
468          20A-2-204. Registering to vote when applying for or renewing a driver license.
469          (1) As used in this section, "voter registration form" means [the driver license
470     application/voter registration form and the driver license renewal/voter registration form
471     required by Section 20A-2-108.], when an individual named on a qualifying form, as defined in
472     Section 20A-2-108, answers "yes" to the question described in Subsection 20A-2-108(2)(a), the
473     information on the qualifying form that can be used for voter registration purposes.
474          (2) [Any] A citizen who is qualified to vote may register to vote, and [any] a citizen
475     who is qualified to preregister to vote may preregister to vote, by answering "yes" to the
476     question described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
477          (3) The Driver License Division shall:

478          (a) assist [applicants] an individual in completing the voter registration form unless the
479     [applicant] individual refuses assistance;
480          [(b) accept a completed voter registration form and transmit the form to the county
481     clerk of the county in which the applicant resides within five days after the day on which the
482     division receives the form;]
483          [(c)] (b) electronically transmit each address change to the lieutenant governor within
484     five days after the day on which the division receives the address change; and
485          [(d) transmit electronically to the lieutenant governor's office the name, address, birth
486     date, and driver license number of each individual who answers "yes" to a question described
487     in Subsection 20A-2-108(1), and indicate whether the individual is registering or preregistering
488     to vote.]
489          [(4) (a) Upon receipt of a correctly completed voter registration form from an
490     individual who is registering to vote, the county clerk shall:]
491          [(i) enter the applicant's name on the list of registered voters for the voting precinct in
492     which the applicant resides; and]
493          [(ii) notify the applicant of registration.]
494          [(b) Upon receipt of a correctly completed voter registration form from an individual
495     who is preregistering to vote, the county clerk shall]
496          (c) within five days after the day on which the division receives a voter registration
497     form, electronically transmit the form to the Office of the Lieutenant Governor, including the
498     following for the individual named on the form:
499          (i) the name, date of birth, driver license or state identification card number, last four
500     digits of the social security number, Utah residential address, place of birth, and signature;
501           (ii) a mailing address, if different from the individual's Utah residential address;
502           (iii) an email address and phone number, if available;
503          (iv) the desired political affiliation, if indicated; and
504          (v) an indication of whether the individual requested that the individual's voter
505     registration record be classified as a private record under Subsection 20A-2-108(2)(c).

506          (4) Upon receipt of an individual's voter registration form from the Driver License
507     Division under Subsection (3), the lieutenant governor shall:
508          (a) enter the information into the statewide voter registration database; and
509          (b) if the individual requests on the individual's voter registration form that the
510     individual's voter registration record be classified as a private record, classify the individual's
511     voter registration record as a private record.
512          (5) The county clerk of an individual whose information is entered into the statewide
513     voter registration database under Subsection (4) shall:
514          (a) ensure that the individual meets the qualifications to be registered or preregistered
515     to vote; and
516          (b) (i) if the individual meets the qualifications to be registered to vote:
517          (A) ensure that the individual is assigned to the proper voting precinct; and
518          (B) send the individual the notice described in Section 20A-2-304; or
519          (ii) if the individual meets the qualifications to be preregistered to vote, process the
520     form in accordance with the requirements of Section 20A-2-101.1.
521          [(5) (a) If the county clerk receives a correctly completed voter registration form that is
522     dated after the voter registration deadline, the county clerk shall, unless]
523          [the individual named in the form is preregistering to vote: (i)]
524          [register the applicant after the next election; and]
525          [(ii) if possible, promptly phone or mail a notice to the applicant before the election,
526     informing the applicant that his]
527          [registration will not be effective until after the election.]
528          [(b) When the county clerk receives a correctly completed voter registration form at
529     least seven days before an election that is dated on or before the voter registration deadline, the
530     county clerk shall, unless the individual named in the form is preregistering to vote:]
531          [(i) process the voter registration form; and]
532          [(ii) record the new voter in the official register.]
533          (6) (a) When the county clerk receives a correctly completed voter registration form

534     under this section, the clerk shall:
535          (i) comply with the applicable provisions of this Subsection (6); or
536          (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
537          (b) If the county clerk receives a correctly completed voter registration form under this
538     section during the period beginning on the date after the voter registration deadline and ending
539     on the date that is 15 calendar days before the date of an election, the county clerk shall:
540          (i) accept the voter registration form; and
541          (ii) unless the individual is preregistering to vote, inform the individual that the
542     individual is registered to vote in the pending election.
543          (c) If the county clerk receives a correctly completed voter registration form under this
544     section during the period beginning on the date that is 14 calendar days before the election and
545     ending on the date that is seven calendar days before the election, the county clerk shall:
546          (i) accept the voter registration form; and
547          (ii) unless the individual is preregistering to vote, inform the individual that:
548          (A) the individual is registered to vote in the pending election; and
549          (B) for the pending election, the individual must vote on the day of the election or by
550     provisional ballot, under Section 20A-2-207, during the early voting period described in
551     Section 20A-3-601 because the individual registered late.
552          (d) If the county clerk receives a correctly completed voter registration form under this
553     section during the six calendar days before an election, the county clerk shall:
554          (i) accept the application for registration of the individual; and
555          (ii) unless the individual is preregistering to vote, inform the individual:
556          (A) of each manner still available to the individual to timely register to vote in the
557     current election; and
558          (B) that, if the individual does not timely register in a manner described in Subsection
559     (7)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
560     because the individual registered late.
561          [(6)] (7) (a) If the county clerk determines that [a] an individual's voter registration

562     form received from the Driver License Division is incorrect because of an error [or], because
563     [it] the form is incomplete, or because the individual does not meet the qualifications to be
564     registered to vote, the county clerk shall mail notice to the individual [attempting to register or
565     preregister to vote,] stating that the individual has not been registered or preregistered because
566     of an error [or], because the form is incomplete, or because the individual does not meet the
567     qualifications to be registered to vote.
568          (b) If a county clerk believes, based upon a review of a voter registration form, that an
569     individual, who knows that the individual is not legally entitled to register or preregister to
570     vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
571     the form to the county attorney for investigation and possible prosecution.
572          Section 7. Section 20A-2-205 is amended to read:
573          20A-2-205. Registration at voter registration agencies.
574          (1) As used in this section:
575          (a) "Discretionary voter registration agency" means the same as that term is defined in
576     Section 20A-2-300.5.
577          (b) "Public assistance agency" means each office in Utah that provides:
578          (i) public assistance; or
579          (ii) state funded programs primarily engaged in providing services to people with
580     disabilities.
581          (2) An individual may obtain and complete a by-mail registration form at a public
582     assistance agency or discretionary voter registration agency.
583          (3) Each public assistance agency and discretionary voter registration agency shall
584     provide, either as part of existing forms or on a separate form, the following information in
585     substantially the following form:
586          "REGISTERING TO VOTE
587          If you are not registered to vote where you live now, would you like to apply to register
588     or preregister to vote here today? (The decision of whether to register or preregister to vote will
589     not affect the amount of assistance that you will be provided by this agency.) Yes____ No____

590     IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE
591     DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you
592     would like help in filling out the voter registration form, we will help you. The decision about
593     whether to seek or accept help is yours. You may fill out the application form in private. If
594     you believe that someone has interfered with your right to register or preregister or to decline to
595     register or preregister to vote, your right to privacy in deciding whether to register or
596     preregister, or in applying to register or preregister to vote, or your right to choose your own
597     political party or other political preference, you may file a complaint with the Office of the
598     Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
599     of the Office of the Lieutenant Governor)."
600          (4) Unless a person applying for service or assistance from a public assistance agency
601     or discretionary voter registration agency declines, in writing, to register or preregister to vote,
602     each public assistance agency and discretionary voter registration agency shall:
603          (a) distribute a by-mail voter registration form with each application for service or
604     assistance provided by the agency or office;
605          (b) assist applicants in completing the voter registration form unless the applicant
606     refuses assistance;
607          (c) accept completed forms for transmittal to the appropriate election official; and
608          (d) transmit a copy of each voter registration form to the appropriate election official
609     within five days after it is received by the division.
610          (5) A person in a public assistance agency or a discretionary voter registration agency
611     that helps a person complete the voter registration form may not:
612          (a) seek to influence an applicant's political preference or party registration;
613          (b) display any political preference or party allegiance;
614          (c) make any statement to an applicant or take any action that has the purpose or effect
615     of discouraging the applicant from registering to vote; or
616          (d) make any statement to an applicant or take any action that has the purpose or effect
617     of leading the applicant to believe that a decision of whether to register or preregister has any

618     bearing upon the availability of services or benefits.
619          (6) Upon receipt of a correctly completed voter registration form, the county clerk
620     shall, unless the individual named in the form is preregistering to vote:
621          (a) enter the applicant's name on the list of registered voters for the voting precinct in
622     which the applicant resides; and
623          (b) notify the applicant of registration.
624          (7) [(a)] If the county clerk receives a correctly completed voter registration form that
625     is dated after the voter registration deadline, the county clerk shall[, unless]:
626          (a) if the individual named in the form is preregistering to vote[: (i)], comply with
627     Section 20A-2-101.1; or
628          (b) (i) unless the individual timely registers to vote in the current election in a manner
629     that permits registration after the voter registration deadline, register the [applicant] individual
630     after the next election; and
631          (ii) if possible, promptly phone or mail a notice to the [applicant] individual before the
632     election, informing the [applicant that his] individual:
633          (A) of each manner still available to the individual to timely register to vote in the
634     current election; and
635          (B) that, if the individual does not timely register in a manner described in Subsection
636     (7)(b)(ii)(A), the individual's registration will not be effective until after the election.
637          [(b)] (8) When the county clerk receives a correctly completed voter registration form
638     at least seven days before an election that is dated on or before the voter registration deadline,
639     the county clerk shall:
640          [(i)] (a) process the voter registration form; and
641          [(ii)] (b) record the new voter in the official register.
642          [(8)] (9) If the county clerk determines that a voter registration form received from a
643     public assistance agency or discretionary voter registration agency is incorrect because of an
644     error or because it is incomplete, the county clerk shall mail notice to the individual attempting
645     to register or preregister to vote, stating that the individual has not been registered or

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

674          (b) ensure that the applicant's signature is already on file in the lieutenant governor's
675     statewide voter registration database developed under Section 20A-2-109.
676          (6) The lieutenant governor shall send the information to the county clerk for the
677     county in which the applicant's principal place of residence is found for further action as
678     required by Section 20A-2-304 after:
679          (a) receiving all information from an applicant; and
680          (b) (i) receiving all information from the Driver License Division; or
681          (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
682     statewide voter registration database developed under Section 20A-2-109.
683          (7) The lieutenant governor may use additional security measures to ensure the
684     accuracy and integrity of an electronically submitted voter registration.
685          (8) [(a)] If an individual applies to register under this section during the period
686     beginning on the date after the voter registration deadline and ending on the date that is 15
687     calendar days before the date of an election, the county clerk shall, unless the individual is
688     preregistering to vote:
689          [(i)] (a) accept the application for registration if the individual, on the date of the
690     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
691          [(ii)] (b) inform the individual that the individual is registered to vote in the pending
692     election.
693          [(b)] (9) If an individual applies to register under this section during the period
694     beginning on the date that is 14 calendar days before the election and ending on the date that is
695     seven calendar days before the election, the county clerk shall, unless the individual is
696     preregistering to vote:
697          [(i)] (a) accept the application for registration if the individual, on the date of the
698     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
699          [(ii)] (b) inform the individual that:
700          [(A)] (i) the individual is registered to vote in the pending election; and
701          [(B)] (ii) for the pending election, the individual must vote on the day of the election

702     [and is not eligible to vote using early voting under Chapter 3, Part 6, Early Voting, because the
703     individual registered too late] or by provisional ballot, under Section 20A-2-207, during the
704     early voting period described in Section 20A-3-601 because the individual registered late.
705          [(c)] (10) If an individual applies to register under this section during the six calendar
706     days before an election, the county clerk shall[, unless]:
707          (a) if the individual is preregistering to vote[: (i)], comply with Section 20A-2-101.1;
708     or
709          (b) (i) accept the application for registration if the individual, on the date of the
710     election, will be legally qualified and entitled to vote in a voting precinct in the state; and
711          (ii) unless the individual timely registers to vote in the current election in a manner that
712     permits registration after the voter registration deadline, inform the individual [that the
713     individual]:
714          (A) of each manner still available to the individual to timely register to vote in the
715     current election; and
716          (B) that, if the individual does not timely register in a manner described in Subsection
717     (10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
718     because the individual registered [too] late.
719          [(9)] (11) (a) A registered voter may file an application for an absentee ballot in
720     accordance with Section 20A-3-304 on the electronic system for voter registration established
721     under this section.
722          (b) The lieutenant governor shall provide a means by which a registered voter shall
723     sign the application form as provided in Section 20A-3-304.
724          Section 9. Section 20A-2-207 is enacted to read:
725          20A-2-207. Registration by provisional ballot.
726          (1) An individual who is not registered to vote may register to vote, and vote, on
727     election day or during the early voting period described in Section 20A-3-601, by voting a
728     provisional ballot, if:
729          (a) the individual is otherwise legally entitled to vote the ballot;

730          (b) the ballot is identical to the ballot for the precinct in which the individual resides;
731          (c) the information on the provisional ballot form is complete; and
732          (d) the individual provides valid voter identification and proof of residence to the poll
733     worker.
734          (2) If a provisional ballot and the individual who voted the ballot comply with the
735     requirements described in Subsection (1), the election officer shall:
736          (a) consider the provisional ballot a voter registration form;
737          (b) place the ballot with the absentee ballots, to be counted with those ballots at the
738     canvass; and
739          (c) as soon as reasonably possible, register the individual to vote.
740          (3) Except as provided in Subsection (4), the election officer shall retain a provisional
741     ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
742     determines that the individual who voted the ballot:
743          (a) is not registered to vote and is not eligible for registration under this section; or
744          (b) is not legally entitled to vote the ballot that the individual voted.
745          (4) Subsection (3) does not apply if a court orders the election officer to produce or
746     count the provisional ballot.
747          (5) The lieutenant governor shall report to the Government Operations Interim
748     Committee on or before October 31, 2018, and on or before October 31, 2020, regarding:
749          (a) implementation of registration by provisional ballot, as described in this section, on
750     a statewide basis;
751          (b) any difficulties resulting from the implementation described in Subsection (5)(a);
752          (c) the effect of registration by provisional ballot on voter participation in Utah;
753          (d) the number of ballots cast by voters who registered by provisional ballot:
754          (i) during the early voting period described in Section 20A-3-601; and
755          (ii) on election day; and
756          (e) suggested changes in the law relating to registration by provisional ballot.
757          Section 10. Section 20A-2-304 is amended to read:

758          20A-2-304. County clerk's responsibilities -- Notice of disposition.
759          Each county clerk shall:
760          (1) register to vote each [applicant for registration] individual who meets the
761     requirements for registration and who:
762          (a) submits a completed voter registration form to the county clerk [on or before the
763     voter registration deadline];
764          (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
765     the Driver License Division[,];
766          (c) submits a completed voter registration form to a public assistance agency[,] or a
767     discretionary voter registration agency [on or before the voter registration deadline]; or
768          [(c)] (d) mails a completed by-mail voter registration form to the county clerk [on or
769     before the voter registration deadline]; and
770          (2) within 30 days after the day on which the county clerk processes a voter registration
771     [application] form, send a notice to the individual who submits the [application] form that:
772          (a) (i) informs the individual that the individual's [application for] voter registration
773     form has been accepted and that the individual is registered to vote;
774          (ii) informs the individual of the procedure for designating or changing the individual's
775     political affiliation; and
776          (iii) informs the individual of the procedure to cancel a voter registration;
777          (b) informs the individual that the individual's [application for] voter registration form
778     has been rejected and the reason for the rejection; or
779          (c) (i) informs the individual that the [application for] individual's voter registration
780     form is being returned to the individual for further action because the [application] form is
781     incomplete; and
782          (ii) gives instructions to the individual on how to properly complete the [application]
783     form.
784          Section 11. Section 20A-2-306 is amended to read:
785          20A-2-306. Removing names from the official register -- Determining and

786     confirming change of residence.
787          (1) A county clerk may not remove a voter's name from the official register on the
788     grounds that the voter has changed residence unless the voter:
789          (a) confirms in writing that the voter has changed residence to a place outside the
790     county; or
791          (b) (i) has not voted in an election during the period beginning on the date of the notice
792     required by Subsection (3), and ending on the day after the date of the second regular general
793     election occurring after the date of the notice; and
794          (ii) has failed to respond to the notice required by Subsection (3).
795          (2) (a) When a county clerk obtains information that a voter's address has changed and
796     it appears that the voter still resides within the same county, the county clerk shall:
797          (i) change the official register to show the voter's new address; and
798          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
799     printed on a postage prepaid, preaddressed return form.
800          (b) When a county clerk obtains information that a voter's address has changed and it
801     appears that the voter now resides in a different county, the county clerk shall verify the
802     changed residence by sending to the voter, by forwardable mail, the notice required by
803     Subsection (3) printed on a postage prepaid, preaddressed return form.
804          (3) Each county clerk shall use substantially the following form to notify voters whose
805     addresses have changed:
806          "VOTER REGISTRATION NOTICE
807          We have been notified that your residence has changed. Please read, complete, and
808     return this form so that we can update our voter registration records. What is your current
809     street address?
810     ___________________________________________________________________________
811     Street                      City                County          State          Zip
812          If you have not changed your residence or have moved but stayed within the same
813     county, you must complete and return this form to the county clerk so that it is received by the

814     county clerk no later than 30 days before the date of the election. If you fail to return this form
815     within that time:
816          - you may be required to show evidence of your address to the poll worker before being
817     allowed to vote in either of the next two regular general elections; or
818          - if you fail to vote at least once from the date this notice was mailed until the passing
819     of two regular general elections, you will no longer be registered to vote. If you have changed
820     your residence and have moved to a different county in Utah, you may register to vote by
821     contacting the county clerk in your county.
822     ________________________________________
823     Signature of Voter"
824          "The portion of a voter registration form that lists a person's driver license or
825     identification card number, social security number, and email address is a private record. The
826     portion of a voter registration form that lists a person's date of birth is a private record, the use
827     of which is restricted to government officials, government employees, political parties, or
828     certain other persons.
829          [If you believe that disclosure of any information contained in this voter registration
830     form to a person other than a government official or government employee is likely to put you
831     or a member of your household's life or safety at risk, or to put you or a member of your
832     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
833     or your county clerk to have your entire voter registration record classified as private."
834          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
835     names of any voters from the official register during the 90 days before a regular primary
836     election and the 90 days before a regular general election.
837          (b) The county clerk may remove the names of voters from the official register during
838     the 90 days before a regular primary election and the 90 days before a regular general election
839     if:
840          (i) the voter requests, in writing, that the voter's name be removed; or
841          (ii) the voter has died.

842          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
843     may list that voter as inactive.
844          (ii) If a county clerk receives a returned voter identification card, determines that there
845     was no clerical error causing the card to be returned, and has no further information to contact
846     the voter, the county clerk may list that voter as inactive.
847          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
848     privileges of a registered voter.
849          (iv) A county is not required to send routine mailings to an inactive voter and is not
850     required to count inactive voters when dividing precincts and preparing supplies.
851          Section 12. Section 20A-2-307 is amended to read:
852          20A-2-307. County clerks' instructions to election judges.
853          (1) Each county clerk shall instruct election judges to allow a voter to vote a regular
854     ballot if:
855          (a) the voter has moved from one address within a voting precinct to another address
856     within the same voting precinct; and
857          (b) the voter affirms the change of address orally or in writing before the election
858     judges.
859          (2) Each county clerk shall instruct election judges to allow [a person] an individual to
860     vote a provisional ballot if:
861          (a) the individual is not registered to vote, but is otherwise legally entitled to vote
862     under Section 20A-2-207;
863          [(a)] (b) the voter's name does not appear on the official register; or
864          [(b)] (c) the voter is challenged as provided in Section 20A-3-202.
865          Section 13. Section 20A-3-302 is amended to read:
866          20A-3-302. Conducting election by absentee ballot.
867          (1) (a) Notwithstanding Section 17B-1-306, an election officer may administer an
868     election [entirely] by absentee ballot under this section.
869          (b) An election officer who administers an election [entirely] by absentee ballot, except

870     for an election conducted under Section 20A-7-609.5, shall, before the following dates, notify
871     the lieutenant governor that the election will be administered [entirely] by absentee ballot:
872          (i) February 1 of an even-numbered year if the election is a regular general election; or
873          (ii) May 1 of an odd-numbered year if the election is a municipal general election.
874          (2) [If the] An election officer [decides to administer] who administers an election
875     [entirely] by absentee ballot[, the election officer]:
876          (a) shall mail to each [registered] active voter within [that] a voting precinct:
877          [(a)] (i) an absentee ballot;
878          [(b)] (ii) for an election administered by a county clerk, information regarding the
879     location and hours of operation of any election day voting center at which the voter may vote;
880          [(c)] (iii) a courtesy reply mail envelope;
881          [(d)] (iv) instructions for returning the ballot that include an express notice about any
882     relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
883          [(e)] (v) for an election administered by an election officer other than a county clerk, if
884     the election officer does not operate a polling location or an election day voting center, a
885     warning, on a separate page of colored paper in bold face print, indicating that if the voter fails
886     to follow the instructions included with the absentee ballot, the voter will be unable to vote in
887     that election because there will be no polling place in the voting precinct on the day of the
888     election[.]; and
889          (b) may not mail an absentee ballot under this section to:
890          (i) an inactive voter; or
891          (ii) a voter whom the election officer is prohibited from sending an absentee ballot
892     under Subsection (8)(c)(ii).
893          (3) A voter who votes by absentee ballot under this section is not required to apply for
894     an absentee ballot as required by this part.
895          (4) An election officer who administers an election [entirely] by absentee ballot shall:
896          (a) (i) obtain, in person, the signatures of each voter within that voting precinct before
897     the election; or

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

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

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

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

1010          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
1011     status:
1012          (A) until the voter requests otherwise at a future date; or
1013          (B) until a date specified by the voter in the application form; and
1014          (b) the lieutenant governor or election officer shall approve an application form for
1015     regular primary elections and for the Western States Presidential Primary:
1016          (i) in substantially the following form:
1017          "I, ____, a qualified elector, residing at ____ Street, ____ City, ____ County, Utah
1018     apply for an official absentee ballot for the _______________ political party to be voted by me
1019     at the primary election.
1020          I understand that I must be affiliated with or authorized to vote the political party's
1021     ballot that I request. I understand that a person that collects this absentee ballot application is
1022     required to file it with the appropriate election official before the earlier of fourteen days after
1023     the day on which I sign the application or the [Thursday] Tuesday before the next primary
1024     election.
1025          This form is provided by (insert name of person or organization).
1026          I have verified that the information on this application is correct.
1027          I understand that I will receive a ballot at the following address: (insert address and an
1028     adjacent check box);
1029          OR
1030          I request that the ballot be mailed to the following address: (insert blank space for an
1031     address and an adjacent check box).
1032          Dated _________ (month\day\year) ____ Signed ___________________________
1033          Voter"; and
1034          (ii) that asks the voter to indicate whether the voter wishes to maintain absentee voter
1035     status:
1036          (A) until the voter requests otherwise at a future date; or
1037          (B) until a date specified by the voter in the application form.

1038          (5) The forms described in Subsections (2) and (4) shall contain instructions on how a
1039     voter may cancel an absentee ballot application.
1040          (6) Except as provided in Subsection 20A-3-306(2)(a), a voter who wishes to vote by
1041     absentee ballot shall file the application for an absentee ballot with the lieutenant governor or
1042     appropriate election officer no later than the [Thursday] Tuesday before election day.
1043          (7) (a) A county clerk shall establish an absentee voter list containing the name of each
1044     voter who:
1045          (i) requests absentee voter status; and
1046          (ii) meets the requirements of this section.
1047          (b) A county clerk may not remove a voter's name from the list described in Subsection
1048     (7)(a) unless:
1049          (i) the voter is no longer listed in the official register;
1050          (ii) the voter cancels the voter's absentee status; [or]
1051          (iii) the voter's name is removed on the date specified by the voter on the absentee
1052     ballot application form[.]; or
1053          (iv) the county clerk is required to remove the voter's name from the list under
1054     Subsection (7)(c) or 20A-3-302(8)(c)(ii).
1055          (c) A county clerk shall remove a voter's name from the list described in Subsection
1056     (7)(a) if the voter fails to vote in two consecutive regular general elections.
1057          [(c)] (d) (i) Each year, the clerk shall mail a questionnaire to each voter whose name is
1058     on the absentee voter list.
1059          (ii) The questionnaire shall allow the voter to:
1060          (A) verify the voter's residence; or
1061          (B) cancel the voter's absentee status.
1062          [(d)] (e) The clerk shall provide a copy of the absentee voter list to election officers for
1063     use in elections.
1064          Section 15. Section 20A-3-306 is amended to read:
1065          20A-3-306. Voting ballot -- Returning ballot.

1066          (1) (a) Except as provided by Section 20A-1-308, to vote a mail-in absentee ballot, the
1067     absentee voter shall:
1068          (i) complete and sign the affidavit on the envelope;
1069          (ii) mark the votes on the absentee ballot;
1070          (iii) place the voted absentee ballot in the envelope;
1071          (iv) securely seal the envelope; and
1072          (v) attach postage, unless voting in accordance with Section 20A-3-302, and deposit
1073     the envelope in the mail or deliver it in person to the election officer from whom the ballot was
1074     obtained.
1075          (b) Except as provided by Section 20A-1-308, to vote an absentee ballot in person at
1076     the office of the election officer, the absent voter shall:
1077          (i) complete and sign the affidavit on the envelope;
1078          (ii) mark the votes on the absent-voter ballot;
1079          (iii) place the voted absent-voter ballot in the envelope;
1080          (iv) securely seal the envelope; and
1081          (v) give the ballot and envelope to the election officer.
1082          (2) Except as provided by Section 20A-1-308, an absentee ballot is not valid unless:
1083          (a) in the case of an absentee ballot that is voted in person, the ballot is:
1084          (i) applied for and cast in person at the office of the appropriate election officer no later
1085     than the [Thursday] Tuesday before election day; or
1086          (ii) submitted on election day at a polling location in the political subdivision where
1087     the absentee voter resides;
1088          (b) in the case of an absentee ballot that is submitted by mail, the ballot is:
1089          (i) clearly postmarked before election day, or otherwise clearly marked by the post
1090     office as received by the post office before election day; and
1091          (ii) received in the office of the election officer before noon on the day of the official
1092     canvass following the election; or
1093          (c) in the case of a military-overseas ballot, the ballot is submitted in accordance with

1094     Section 20A-16-404.
1095          (3) An absentee voter may submit a completed absentee ballot at a polling location in a
1096     political subdivision holding the election, if the absentee voter resides in the political
1097     subdivision.
1098          (4) An absentee voter may submit an incomplete absentee ballot at a polling location
1099     for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
1100     vote in person.
1101          Section 16. Section 20A-3-601 is amended to read:
1102          20A-3-601. Early voting.
1103          (1) (a) An individual who is registered to vote may vote before the election date in
1104     accordance with this section.
1105          (b) An individual who is not registered to vote may register to vote and vote before the
1106     election date in accordance with this section if the individual:
1107          (i) is otherwise legally entitled to vote the ballot [in a jurisdiction that is approved by
1108     the lieutenant governor to participate in the pilot project described in Section 20A-4-108]; and
1109          (ii) casts a provisional ballot in accordance with Section [20A-4-108] 20A-2-207.
1110          (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period
1111     shall:
1112          (a) begin on the date that is 14 days before the date of the election; and
1113          (b) continue through the Friday before the election if the election date is a Tuesday.
1114          (3) An election officer may extend the end of the early voting period to the day before
1115     the election date if the election officer provides notice of the extension in accordance with
1116     Section 20A-3-604.
1117          (4) Except as provided in Section 20A-1-308, during the early voting period, the
1118     election officer:
1119          (a) for a local special election, a municipal primary election, and a municipal general
1120     election:
1121          (i) shall conduct early voting on a minimum of four days during each week of the early

1122     voting period; and
1123          (ii) shall conduct early voting on the last day of the early voting period; and
1124          (b) for all other elections:
1125          (i) shall conduct early voting on each weekday; and
1126          (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
1127          (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
1128     early voting shall be administered according to the requirements of this title.
1129          Section 17. Section 20A-3-605 is amended to read:
1130          20A-3-605. Exemptions from early voting.
1131          (1) (a) This part does not apply to an election of a board member of a local district.
1132          (b) Notwithstanding Subsection (1)(a), a local district may, at its discretion, provide
1133     early voting in accordance with this part for an election of a board member.
1134          (2) Notwithstanding the requirements of Section 20A-3-601, a municipality of the fifth
1135     class or a town as described in Section 10-2-301 may provide early voting as provided under
1136     this part for:
1137          (a) a municipal primary election; or
1138          (b) a municipal general election.
1139          (3) A municipality [or county] that administers an election entirely by absentee ballot,
1140     in accordance with Section 20A-3-302, is not required to conduct early voting for the election.
1141          Section 18. Section 20A-4-107 is amended to read:
1142          20A-4-107. Review and disposition of provisional ballot envelopes.
1143          (1) As used in this section, a person is "legally entitled to vote" if:
1144          (a) the person:
1145          (i) is registered to vote in the state;
1146          (ii) votes the ballot for the voting precinct in which the person resides; and
1147          (iii) provides valid voter identification to the poll worker;
1148          (b) the person:
1149          (i) is registered to vote in the state;

1150          (ii) (A) provided valid voter identification to the poll worker; or
1151          (B) either failed to provide valid voter identification or the documents provided as
1152     valid voter identification were inadequate and the poll worker recorded that fact in the official
1153     register but the county clerk verifies the person's identity and residence through some other
1154     means; and
1155          (iii) did not vote in the person's precinct of residence, but the ballot that the person
1156     voted was from the person's county of residence and includes one or more candidates or ballot
1157     propositions on the ballot voted in the person's precinct of residence; or
1158          (c) the person:
1159          (i) is registered to vote in the state;
1160          (ii) either failed to provide valid voter identification or the documents provided as
1161     valid voter identification were inadequate and the poll worker recorded that fact in the official
1162     register; and
1163          (iii) (A) the county clerk verifies the person's identity and residence through some other
1164     means as reliable as photo identification; or
1165          (B) the person provides valid voter identification to the county clerk or an election
1166     officer who is administering the election by the close of normal office hours on Monday after
1167     the date of the election.
1168          (2) (a) Upon receipt of a provisional ballot [envelopes] form, the election officer shall
1169     review the affirmation on the [face of each] provisional ballot [envelope] form and determine if
1170     the person signing the affirmation is:
1171          (i) registered to vote in this state; and
1172          (ii) legally entitled to vote:
1173          (A) the ballot that the person voted; or
1174          (B) if the ballot is from the person's county of residence, for at least one ballot
1175     proposition or candidate on the ballot that the person voted.
1176          (b) [If] Except as provided in Section 20A-2-207, if the election officer determines that
1177     the person is not registered to vote in this state or is not legally entitled to vote in the county or

1178     for any of the ballot propositions or candidates on the ballot that the person voted, the election
1179     officer shall retain the ballot [envelope, unopened] form, uncounted, for the period specified in
1180     Section 20A-4-202 unless ordered by a court to produce or count it.
1181          (c) If the election officer determines that the person is registered to vote in this state
1182     and is legally entitled to vote in the county and for at least one of the ballot propositions or
1183     candidates on the ballot that the person voted, the election officer shall [remove the ballot from
1184     the provisional ballot envelope and] place the provisional ballot with the absentee ballots to be
1185     counted with those ballots at the canvass.
1186          (d) The election officer may not count, or allow to be counted a provisional ballot
1187     unless the person's identity and residence is established by a preponderance of the evidence.
1188          (3) If the election officer determines that the person is registered to vote in this state, or
1189     if the voter registers to vote in accordance with Section 20A-2-207, the election officer shall
1190     ensure that the voter registration records are updated to reflect the information provided on the
1191     provisional ballot [envelope] form.
1192          (4) [If] Except as provided in Section 20A-2-207, if the election officer determines that
1193     the person is not registered to vote in this state and the information on the provisional ballot
1194     [envelope] form is complete, the election officer shall:
1195          (a) consider the provisional ballot [envelope] form a voter registration form for the
1196     person's county of residence; and
1197          (b) (i) register the person if the voter's county of residence is within the county; or
1198          (ii) forward the voter registration form to the election officer of the person's county of
1199     residence, which election officer shall register the person.
1200          (5) Notwithstanding any provision of this section, the election officer shall [remove the
1201     ballot from] place a provisional ballot [envelope and place the ballot] with the absentee ballots
1202     to be counted with those ballots at the canvass, if:
1203          (a) (i) the election officer determines, in accordance with the provisions of this section,
1204     that the sole reason a provisional ballot may not otherwise be counted is because the voter
1205     registration was filed less than [eight] seven days before the election;

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

1234          Telephone Number (optional) ______________________________________________
1235          Last four digits of Social Security Number ____________________________
1236          Last former address at which I was registered to vote (if known)
1237          ______________________________________________________________________
1238               City               County               State          Zip Code
1239          Voting Precinct (if known)
1240     _________________________________________________
1241          I, (please print your full name)__________________________do solemnly swear or
1242     affirm:
1243          That I [am currently registered to vote in the state of Utah and] am eligible to vote in
1244     this election; that I have not voted in this election in any other precinct; that I am eligible to
1245     vote in this precinct; and that I request that I be permitted to vote in this precinct; and
1246          Subject to penalty of law for false statements, that the information contained in this
1247     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
1248     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
1249     immediately before this election.
1250     Signed ______________________________________________________________________
1251     Dated ______________________________________________________________________
1252          In accordance with Section 20A-3-506, wilfully providing false information above is a
1253     class B misdemeanor under Utah law and is punishable by imprisonment and by fine."
1254          "The portion of a voter registration form that lists a person's driver license or
1255     identification card number, social security number, and email address is a private record. The
1256     portion of a voter registration form that lists a person's date of birth is a private record, the use
1257     of which is restricted to government officials, government employees, political parties, or
1258     certain other persons.
1259          [If you believe that disclosure of any information contained in this voter registration
1260     form to a person other than a government official or government employee is likely to put you
1261     or a member of your household's life or safety at risk, or to put you or a member of your

1262     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
1263     or your county clerk to have your entire voter registration record classified as private."
1264          "CITIZENSHIP AFFIDAVIT
1265          Name:
1266          Name at birth, if different:
1267          Place of birth:
1268          Date of birth:
1269          Date and place of naturalization (if applicable):
1270          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1271     citizen and that to the best of my knowledge and belief the information above is true and
1272     correct.
1273                                             ____________________________
1274                                                  Signature of Applicant
1275          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1276     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1277     up to one year in jail and a fine of up to $2,500."
1278          (2) The provisional ballot envelope shall include:
1279          (a) a unique number;
1280          (b) a detachable part that includes the unique number; and
1281          (c) a telephone number, internet address, or other indicator of a means, in accordance
1282     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
1283          Section 20. Section 63G-2-302 is amended to read:
1284          63G-2-302. Private records.
1285          (1) The following records are private:
1286          (a) records concerning an individual's eligibility for unemployment insurance benefits,
1287     social services, welfare benefits, or the determination of benefit levels;
1288          (b) records containing data on individuals describing medical history, diagnosis,
1289     condition, treatment, evaluation, or similar medical data;

1290          (c) records of publicly funded libraries that when examined alone or with other records
1291     identify a patron;
1292          (d) records received by or generated by or for:
1293          (i) the Independent Legislative Ethics Commission, except for:
1294          (A) the commission's summary data report that is required under legislative rule; and
1295          (B) any other document that is classified as public under legislative rule; or
1296          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1297     unless the record is classified as public under legislative rule;
1298          (e) records received by, or generated by or for, the Independent Executive Branch
1299     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1300     of Executive Branch Ethics Complaints;
1301          (f) records received or generated for a Senate confirmation committee concerning
1302     character, professional competence, or physical or mental health of an individual:
1303          (i) if, prior to the meeting, the chair of the committee determines release of the records:
1304          (A) reasonably could be expected to interfere with the investigation undertaken by the
1305     committee; or
1306          (B) would create a danger of depriving a person of a right to a fair proceeding or
1307     impartial hearing; and
1308          (ii) after the meeting, if the meeting was closed to the public;
1309          (g) employment records concerning a current or former employee of, or applicant for
1310     employment with, a governmental entity that would disclose that individual's home address,
1311     home telephone number, social security number, insurance coverage, marital status, or payroll
1312     deductions;
1313          (h) records or parts of records under Section 63G-2-303 that a current or former
1314     employee identifies as private according to the requirements of that section;
1315          (i) that part of a record indicating a person's social security number or federal employer
1316     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1317     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;

1318          (j) that part of a voter registration record identifying a voter's:
1319          (i) driver license or identification card number;
1320          (ii) Social Security number, or last four digits of the Social Security number;
1321          (iii) email address; or
1322          (iv) date of birth;
1323          (k) a voter registration record that is classified as a private record by the lieutenant
1324     governor or a county clerk under Subsection 20A-2-104(4)(f) [or], 20A-2-101.1(5)(a), or
1325     20A-2-204(4)(b);
1326          (l) a record that:
1327          (i) contains information about an individual;
1328          (ii) is voluntarily provided by the individual; and
1329          (iii) goes into an electronic database that:
1330          (A) is designated by and administered under the authority of the Chief Information
1331     Officer; and
1332          (B) acts as a repository of information about the individual that can be electronically
1333     retrieved and used to facilitate the individual's online interaction with a state agency;
1334          (m) information provided to the Commissioner of Insurance under:
1335          (i) Subsection 31A-23a-115(3)(a);
1336          (ii) Subsection 31A-23a-302(4); or
1337          (iii) Subsection 31A-26-210(4);
1338          (n) information obtained through a criminal background check under Title 11, Chapter
1339     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1340          (o) information provided by an offender that is:
1341          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1342     Offender Registry or Title 77, Chapter 43, Child Abuse Registry; and
1343          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1344     77-43-108(4);
1345          (p) a statement and any supporting documentation filed with the attorney general in

1346     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1347     homeland security;
1348          (q) electronic toll collection customer account information received or collected under
1349     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1350     collected by a public transit district, including contact and payment information and customer
1351     travel data;
1352          (r) an email address provided by a military or overseas voter under Section
1353     20A-16-501;
1354          (s) a completed military-overseas ballot that is electronically transmitted under Title
1355     20A, Chapter 16, Uniform Military and Overseas Voters Act;
1356          (t) records received by or generated by or for the Political Subdivisions Ethics Review
1357     Commission established in Section 11-49-201, except for:
1358          (i) the commission's summary data report that is required in Section 11-49-202; and
1359          (ii) any other document that is classified as public in accordance with Title 11, Chapter
1360     49, Political Subdivisions Ethics Review Commission;
1361          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
1362     notified of an incident or threat; and
1363          (v) a criminal background check or credit history report conducted in accordance with
1364     Section 63A-3-201.
1365          (2) The following records are private if properly classified by a governmental entity:
1366          (a) records concerning a current or former employee of, or applicant for employment
1367     with a governmental entity, including performance evaluations and personal status information
1368     such as race, religion, or disabilities, but not including records that are public under Subsection
1369     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1370          (b) records describing an individual's finances, except that the following are public:
1371          (i) records described in Subsection 63G-2-301(2);
1372          (ii) information provided to the governmental entity for the purpose of complying with
1373     a financial assurance requirement; or

1374          (iii) records that must be disclosed in accordance with another statute;
1375          (c) records of independent state agencies if the disclosure of those records would
1376     conflict with the fiduciary obligations of the agency;
1377          (d) other records containing data on individuals the disclosure of which constitutes a
1378     clearly unwarranted invasion of personal privacy;
1379          (e) records provided by the United States or by a government entity outside the state
1380     that are given with the requirement that the records be managed as private records, if the
1381     providing entity states in writing that the record would not be subject to public disclosure if
1382     retained by it;
1383          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1384     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1385     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1386          (g) audio and video recordings created by a body-worn camera, as defined in Section
1387     77-7a-103, that record sound or images inside a home or residence except for recordings that:
1388          (i) depict the commission of an alleged crime;
1389          (ii) record any encounter between a law enforcement officer and a person that results in
1390     death or bodily injury, or includes an instance when an officer fires a weapon;
1391          (iii) record any encounter that is the subject of a complaint or a legal proceeding
1392     against a law enforcement officer or law enforcement agency;
1393          (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
1394     or
1395          (v) have been requested for reclassification as a public record by a subject or
1396     authorized agent of a subject featured in the recording.
1397          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1398     records, statements, history, diagnosis, condition, treatment, and evaluation.
1399          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1400     doctors, or affiliated entities are not private records or controlled records under Section
1401     63G-2-304 when the records are sought:

1402          (i) in connection with any legal or administrative proceeding in which the patient's
1403     physical, mental, or emotional condition is an element of any claim or defense; or
1404          (ii) after a patient's death, in any legal or administrative proceeding in which any party
1405     relies upon the condition as an element of the claim or defense.
1406          (c) Medical records are subject to production in a legal or administrative proceeding
1407     according to state or federal statutes or rules of procedure and evidence as if the medical
1408     records were in the possession of a nongovernmental medical care provider.
1409          Section 21. Coordinating H.B. 218 with S.B. 17 -- Technical amendments.
1410          If this H.B. 218 and S.B. 17, Election Law Modifications, both pass and become law, it
1411     is the intent of the Legislature that the amendments to Section 20A-4-107 in this H.B. 218
1412     supersede the amendments to Section 20A-4-107 in S.B. 17, when the Office of Legislative
1413     Research and General Counsel prepares the Utah Code database for publication.
1414          Section 22. Coordinating H.B. 218 with S.B. 116 -- Technical amendments.
1415          If this H.B. 218 and S.B. 116, Revisor's Technical Corrections to Utah Code, both pass
1416     and become law, it is the intent of the Legislature that the amendments to Sections 20A-3-601
1417     and 20A-4-107 in this H.B. 218 supersede the amendments to Sections 20A-3-601 and
1418     20A-4-107 in S.B. 116, when the Office of Legislative Research and General Counsel prepares
1419     the Utah Code database for publication.
1420          Section 23. Coordinating H.B. 218 with H.B. 141 -- Technical amendments.
1421          If this H.B. 218 and H.B. 141, Early Voting Amendments, both pass and become law, it
1422     is the intent of the Legislature that the amendments to Subsection 20A-3-601(1) in this H.B.
1423     218 supersede the amendments to Subsection 20A-3-601(1) in H.B. 141, when the Office of
1424     Legislative Research and General Counsel prepares the Utah Code database for publication.