8 LONG TITLE
9 General Description:
10 This bill modifies provisions of the Election Code relating to voter age requirements.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides that an individual who is 17 years of age may register for and vote in a
14 primary election if the individual will be 18 years of age on or before the date of the
15 general election;
16 ▸ makes changes to the process of preregistering to vote to conform with the
17 provisions of this bill; and
18 ▸ makes technical and conforming changes.
19 Money Appropriated in this Bill:
21 Other Special Clauses:
23 Utah Code Sections Affected:
25 20A-2-101, as last amended by Laws of Utah 2011, Chapter 395
26 20A-2-101.1, as enacted by Laws of Utah 2015, Chapter 130
28 20A-3-101.5, Utah Code Annotated 1953
30 Be it enacted by the Legislature of the state of Utah:
31 Section 1. Section 20A-2-101 is amended to read:
32 20A-2-101. Eligibility for registration.
33 (1) Except as provided in Subsection (2), [
34 register to vote in an election who:
35 (a) is a citizen of the United States;
36 (b) has been a resident of Utah for at least the 30 days immediately before the election;
37 (c) will be:
38 (i) at least 18 years [
39 (ii) if the election is a regular primary election, a municipal primary election, or a
40 Western States Presidential Primary:
41 (A) 17 years of age on or before the day of the regular primary election, municipal
42 primary election, or Western States Presidential Primary; and
43 (B) 18 years of age on or before the day of the general election that immediately
44 follows the regular primary election, municipal primary election, or Western States Presidential
45 Primary; and
46 (d) currently resides within the voting district or precinct in which the [
47 individual applies to register to vote.
48 (2) (a) (i) [
49 jail, prison, or other facility within a voting precinct is not a resident of that voting precinct and
50 may not register to vote in that voting precinct unless the [
51 that voting precinct before the confinement or incarceration.
52 (ii) [
53 prison is a resident of the voting precinct in which the [
54 confinement or incarceration.
55 (b) [
56 an offense under this title may not register to vote or remain registered to vote unless the
59 (c) [
60 Section 20A-2-101.3 or 20A-2-101.5, is eligible to register to vote.
61 (3) [
62 geographic boundaries of the entity in which the election is held may register to vote in a:
63 (a) regular general election;
64 (b) regular primary election;
65 (c) municipal general election;
66 (d) municipal primary election;
67 (e) statewide special election;
68 (f) local special election;
69 (g) local district election; [
70 (h) bond election[
71 (i) Western States Presidential Primary.
72 Section 2. Section 20A-2-101.1 is amended to read:
73 20A-2-101.1. Preregistering to vote.
74 (1) An individual may preregister to vote if the individual:
75 (a) is 16 or 17 years of age;
77 (b) is not eligible to register to vote because the individual does not comply with the
78 age requirements described in Subsection 20A-2-101(1)(c);
79 (c) is a citizen of the United States;
80 (d) has been a resident of Utah for at least 30 days; and
81 (e) currently resides within the voting district or precinct in which the individual
82 preregisters to vote.
83 (2) An individual described in Subsection (1) may not vote in an election and is not
84 registered to vote until:
85 (a) the individual [
86 because the individual complies with the age requirements described in Subsection
87 20A-2-101(1)(c); and
88 (b) the county clerk registers the individual to vote under Subsection (4).
89 (3) An individual who preregisters to vote shall:
90 (a) complete a voter registration form, including an indication that the individual is
91 preregistering to vote; and
92 (b) submit the voter registration form to a county clerk in person, by mail, or in any
93 other manner authorized by this chapter for the submission of a voter registration form.
94 (4) (a) A county clerk shall:
95 (i) retain the voter registration form of an individual who meets the qualifications for
96 preregistration and who submits a completed voter registration form to the county clerk under
97 Subsection (3)(b);
98 (ii) register the individual to vote in the next election in which the individual will be
99 eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
100 that election; and
101 (iii) send a notice to the individual that:
102 (A) informs the individual that the individual's voter registration form has been
103 accepted as an application for preregistration;
104 (B) informs the individual that the individual will be registered to vote in the next
105 election in which the individual will be eligible to vote; and
106 (C) indicates in which election the individual will be registered to vote.
107 (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
108 considered to have applied for voter registration on the earlier of:
109 (i) the day of the voter registration deadline immediately preceding the election day on
110 which the individual will be at least 18 years of age; or
111 (ii) the day on which the individual turns 18 years of age.
112 (c) A county clerk shall refer a voter registration form to the county attorney for
113 investigation and possible prosecution if the clerk or the clerk's designee believes the
114 individual is attempting to preregister to vote in an election[
116 legally entitled to vote.
117 (5) (a) The lieutenant governor or a county clerk shall classify the voter registration
118 record of an individual who preregisters to vote as a private record until the earlier of:
119 (i) the day on which the individual turns 18 years of age[
120 (ii) for an individual who is qualified to vote under Section 20A-3-101.5, 60 days
121 before the primary election in which the individual is qualified to vote.
122 (b) On the day on which the individual described in Subsection (5)(a) turns 18 years of
123 age, the lieutenant governor or county clerk shall classify the individual's voter registration
124 record as a public record in accordance with Subsection 63G-2-301(2)(l).
125 (6) If an individual who is at least 18 years of age erroneously indicates on the voter
126 registration form that the individual is preregistering to vote, the county clerk shall consider the
127 form as a voter registration form and shall process the form in accordance with this chapter.
128 Section 3. Section 20A-3-101.5 is enacted to read:
129 20A-3-101.5. Age requirements for primary elections -- 17-year-olds may vote.
130 An individual who is 17 years of age may vote in a regular primary election, a
131 municipal primary election, or a Western States Presidential Primary, if:
132 (1) the individual will be 18 years of age on or before the day of the general election
133 that immediately follows the regular primary election, municipal primary election, or Western
134 States Presidential Primary;
135 (2) the individual is registered to vote in accordance with Chapter 2, Voter
137 (3) the individual's political party affiliation, or unaffiliated status, allows the
138 individual to vote in the election; and
139 (4) the individual otherwise complies with the requirements to vote in the primary