7 LONG TITLE
8 General Description:
9 This bill amends provisions related to voter registration.
10 Highlighted Provisions:
11 This bill:
12 ▸ amends definitions;
13 ▸ provides that an individual who applies for or renews the individual's driver license
14 or state identification card will be registered to vote unless the individual opts out;
15 ▸ allows certain information in a driver license or state identification card application
16 form to be used for voter registration purposes;
17 ▸ requires a county clerk to send certain information to an individual who registers to
19 ▸ provides that an individual is not guilty of fraudulent registration if the individual is
20 ineligible to register to vote but is inadvertently registered to vote under this bill;
22 ▸ makes technical and conforming changes.
23 Money Appropriated in this Bill:
25 Other Special Clauses:
27 Utah Code Sections Affected:
29 20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
30 20A-2-204, as last amended by Laws of Utah 2015, Chapter 130
31 20A-2-304, as last amended by Laws of Utah 2017, Chapter 91
32 20A-2-401, as last amended by Laws of Utah 2015, Chapter 130
34 Be it enacted by the Legislature of the state of Utah:
35 Section 1. Section 20A-2-108 is amended to read:
36 20A-2-108. Driver license or state identification card registration form --
37 Transmittal of information.
38 (1) As used in this section, "qualifying form" means:
39 (a) a driver license application form; or
40 (b) a state identification card application form.
43 qualifying form to include the following statement: "If you are qualified to register or
44 preregister to vote, the information on this form will be used for voter registration purposes,
45 unless you indicate otherwise by marking here: ___ No, I do not authorize the use of the
46 information in this form for voter registration purposes."
81 (3) The lieutenant governor and the Driver License Division shall ensure that a
82 qualifying form contains:
83 (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
84 Utah residency, and that the information provided in the form is true;
85 (b) a records disclosure that is similar to the records disclosure on a voter registration
86 form described in Section 20A-2-104;
88 fact that the applicant has declined to register or preregister will remain confidential and will be
89 used only for voter registration purposes; and
91 which the applicant submits a voter registration application will remain confidential and will be
92 used only for voter registration purposes[
110 Section 2. Section 20A-2-204 is amended to read:
111 20A-2-204. Registering to vote when applying for or renewing a driver license.
112 (1) As used in this section, "voter registration form" means [
115 20A-2-108, that can be used for voter registration purposes if the individual named on the form
116 does not indicate otherwise under Subsection 20A-2-108(2).
117 (2) [
118 registration form under this section shall be registered to vote, and [
119 qualified to preregister to vote [
120 under this section shall be preregistered to vote[
121 (3) The Driver License Division shall:
122 (a) assist [
128 five days after the day on which the division receives the address change; and
140 (c) within five days after the day on which the division receives a voter registration
141 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
142 following for the individual named on the form:
143 (i) the name, date of birth, driver license or state identification card number, last four
144 digits of the social security number, phone number, Utah residential address, place of birth, and
146 (ii) a mailing address, if different from the individual's Utah residential address; and
147 (iii) an email address, if available.
148 (4) Upon receipt of an individual's voter registration form from the Driver License
149 Division under Subsection (3), the lieutenant governor shall enter the information into the
150 statewide voter registration database.
151 (5) The county clerk of an individual whose information is entered into the statewide
152 voter registration database under Subsection (4) shall:
153 (a) (i) ensure that the individual meets the qualifications to be registered or
154 preregistered to vote; and
155 (ii) if the individual meets the qualifications to be registered to vote:
156 (A) ensure that the individual is assigned to the proper voting precinct; and
157 (B) send the individual the notice described in Section 20A-2-304; or
158 (b) if the individual meets the qualifications to be preregistered to vote, process the
159 form in accordance with the requirements of Section 20A-2-101.1.
161 under this section that is dated after the voter registration deadline, the county clerk shall,
162 unless the individual named in the form is preregistering to vote:
163 (i) register the [
164 (ii) if possible, promptly phone or mail a notice to the [
166 effective until after the election.
167 (b) When the county clerk receives a correctly completed voter registration form at
168 least seven days before an election that is dated on or before the voter registration deadline, the
169 county clerk shall, unless the individual named in the form is preregistering to vote:
170 (i) process the voter registration form; and
171 (ii) record the [
173 form received from the Driver License Division is incorrect because of an error [
175 registered to vote, the county clerk shall mail notice to the individual [
177 of an error [
178 qualifications to be registered to vote.
179 (b) If a county clerk believes, based upon a review of a voter registration form, that an
180 individual, who knows that the individual is not legally entitled to register or preregister to
181 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
182 the form to the county attorney for investigation and possible prosecution.
183 Section 3. Section 20A-2-304 is amended to read:
184 20A-2-304. County clerk's responsibilities -- Notice of disposition.
185 Each county clerk shall:
186 (1) register to vote each [
187 requirements for registration and who:
188 (a) submits a completed voter registration form to the county clerk [
190 (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
191 the Driver License Division[
192 (c) submits a completed voter registration form to a public assistance agency[
193 discretionary voter registration agency [
196 (2) within 30 days after the day on which the county clerk processes a voter registration
198 (a) (i) informs the individual that the individual's [
199 form has been accepted and that the individual is registered to vote;
200 (ii) informs the individual of the procedure for designating or changing the individual's
201 political affiliation;
202 (iii) informs the individual of the procedure to cancel a voter registration; and
203 (iv) if the voter registration form was submitted under Subsection (1)(b) after the voter
204 registration deadline and before the election to which the deadline pertains, informs the
205 individual that the individual's voter registration will not be effective until after the election;
206 (b) informs the individual that the individual's [
207 has been rejected and the reason for the rejection; or
208 (c) (i) informs the individual that the [
209 form is being returned to the individual for further action because the [
210 incomplete; and
211 (ii) gives instructions to the individual on how to properly complete the [
213 Section 4. Section 20A-2-401 is amended to read:
214 20A-2-401. Fraudulent registration -- Penalty.
215 (1) (a) An individual may not willfully register to vote, or cause, procure, or allow
216 himself or herself to be registered to vote, knowing that the individual is not eligible to register
217 to vote under Section 20A-2-101.
218 (b) A person may not willfully cause, procure, advise, encourage, or assist any
219 individual to be registered to vote, knowing or believing that the individual is not eligible to
220 register to vote under Section 20A-2-101.
221 (2) (a) An individual may not willfully preregister to vote, or allow himself or herself
222 to be preregistered to vote, knowing that the individual is not eligible to preregister to vote
223 under Section 20A-2-101.1.
224 (b) A person may not willfully cause, advise, encourage, or assist an individual to
225 preregister to vote, knowing or believing that the individual is not eligible to preregister to vote
226 under Section 20A-2-101.1.
227 (3) A person is not guilty of violating this section if:
228 (a) the individual who is ineligible to vote becomes registered to vote under Section
229 20A-2-204; and
230 (b) the person did not:
231 (i) provide false information; or
232 (ii) take other action intended to cause the registration of an individual who is
233 ineligible to vote.
Legislative Review Note
Office of Legislative Research and General Counsel