1     
VOTER REGISTRATION AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Stephen G. Handy

5     
Senate Sponsor: ____________

6     

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
18     vote;
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;
21     and
22          ▸     makes technical and conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          None
27     Utah Code Sections Affected:
28     AMENDS:
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
33     

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.
41          [(1)] (2) The lieutenant governor and the Driver License Division shall design [the
42     driver license application and renewal forms to include the following questions:] each
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."
47          [(a) "If you are not registered to vote where you live now, would you like to register to
48     vote today?"; and]
49          [(b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
50     the next election, would you like to preregister to vote today?"]
51          [(2) (a) The lieutenant governor and the Driver License Division shall design a motor
52     voter registration form to be used in conjunction with driver license application and renewal
53     forms.]
54          [(b) Each driver license application and renewal form shall contain:]
55          [(i) a place for the applicant to decline to register or preregister to vote;]
56          [(ii) an eligibility statement in substantially the following form:]
57          ["I do swear (or affirm), subject to penalty of law for false statements, that the
58     information contained in this form is true, and that I am a citizen of the United States and a
59     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
60     am preregistering to vote in a later election, I will be at least 18 years of age and will have
61     resided in Utah for 30 days immediately before the next election.]
62     [Signed and sworn]
63     [____________________________________________________]
64                    [Voter's Signature]
65     [__________(month\day\year)";]
66          [(iii) a citizenship affidavit in substantially the following form:]
67     
["CITIZENSHIP AFFIDAVIT]

68     [Name:]
69     [Name at birth, if different:]
70     [Place of birth:]
71     [Date of birth:]
72     [Date and place of naturalization (if applicable):]
73          [I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
74     citizen and that to the best of my knowledge and belief the information above is true and
75     correct.]
76     [____________________________]
77     [Signature of Applicant]
78          [In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
79     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
80     register or preregister to vote is up to one year in jail and a fine of up to $2,500";]
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;
87          [(iv)] (c) a statement that if an applicant declines to register or preregister to vote, the
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
90          [(v)] (d) a statement that if an applicant does register or preregister to vote, the office at
91     which the applicant submits a voter registration application will remain confidential and will be
92     used only for voter registration purposes[; and].
93          [(vi) the following statement:]
94          ["The portion of a voter registration form that lists a person's driver license or
95     identification card number, Social Security number, and email address is a private record. The
96     portion of a voter registration form that lists a person's date of birth is a private record, the use
97     of which is restricted to government officials, government employees, political parties, or
98     certain other persons.]
99          [If you believe that disclosure of any information contained in this voter registration
100     form to a person other than a government official or government employee is likely to put you
101     or a member of your household's life or safety at risk, or to put you or a member of your
102     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
103     county clerk to have your entire voter registration record classified as private."]
104          [(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
105     clerk's designee shall:]
106          [(a) review the voter registration form for completeness and accuracy; and]
107          [(b) if the county clerk believes, based upon a review of the form, that a person may be
108     seeking to register or preregister to vote who is not legally entitled to register or preregister to
109     vote, refer the form to the county attorney for investigation and possible prosecution.]
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 [the driver license
113     application/voter registration form and the driver license renewal/voter registration form
114     required by Section 20A-2-108] the information on a qualifying form, as defined in Section
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) [Any] A citizen who is qualified to vote [may register] and who completes a voter
118     registration form under this section shall be registered to vote, and [any] a citizen who is
119     qualified to preregister to vote [may preregister] and who completes a voter registration form
120     under this section shall be preregistered to vote[, by completing the voter registration form].
121          (3) The Driver License Division shall:
122          (a) assist [applicants] an individual in completing the voter registration form unless the
123     [applicant] individual refuses assistance;
124          [(b) accept a completed voter registration form and transmit the form to the county
125     clerk of the county in which the applicant resides within five days after the day on which the
126     division receives the form;]
127          [(c)] (b) electronically transmit each address change to the lieutenant governor within
128     five days after the day on which the division receives the address change; and
129          [(d) transmit electronically to the lieutenant governor's office the name, address, birth
130     date, and driver license number of each individual who answers "yes" to a question described
131     in Subsection 20A-2-108(1), and indicate whether the individual is registering or preregistering
132     to vote.]
133          [(4) (a) Upon receipt of a correctly completed voter registration form from an
134     individual who is registering to vote, the county clerk shall:]
135          [(i) enter the applicant's name on the list of registered voters for the voting precinct in
136     which the applicant resides; and]
137          [(ii) notify the applicant of registration.]
138          [(b) Upon receipt of a correctly completed voter registration form from an individual
139     who is preregistering to vote, the county clerk shall]
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
145     signature;
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.
160          [(5)] (6) (a) If the county clerk receives a correctly completed voter registration form
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 [applicant] individual after the next election; and
164          (ii) if possible, promptly phone or mail a notice to the [applicant] individual before the
165     election[,] informing the [applicant] individual that [his] the individual's registration will not be
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 [new voter] individual in the official register.
172          [(6)] (7) (a) If the county clerk determines that [a] an individual's voter registration
173     form received from the Driver License Division is incorrect because of an error [or], because
174     [it] the form is incomplete, or because the individual does not meet the qualifications to be
175     registered to vote, the county clerk shall mail notice to the individual [attempting to register or
176     preregister to vote,] stating that the individual has not been registered or preregistered because
177     of an error [or], because the form is incomplete, or because the individual does not meet the
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 [applicant for registration] individual who meets the
187     requirements for registration and who:
188          (a) submits a completed voter registration form to the county clerk [on or before the
189     voter registration deadline];
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[,] or a
193     discretionary voter registration agency [on or before the voter registration deadline]; or
194          [(c)] (d) mails a completed by-mail voter registration form to the county clerk [on or
195     before the voter registration deadline]; and
196          (2) within 30 days after the day on which the county clerk processes a voter registration
197     [application] form, send a notice to the individual who submits the [application] form that:
198          (a) (i) informs the individual that the individual's [application for] voter registration
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 [application for] voter registration form
207     has been rejected and the reason for the rejection; or
208          (c) (i) informs the individual that the [application for] individual's voter registration
209     form is being returned to the individual for further action because the [application] form is
210     incomplete; and
211          (ii) gives instructions to the individual on how to properly complete the [application]
212     form.
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.
234          [(3)] (4) A person who violates this section is guilty of a class A misdemeanor.




Legislative Review Note
Office of Legislative Research and General Counsel