Representative Joel K. Briscoe proposes the following substitute bill:


1     
VOTER ELIGIBILITY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Joel K. Briscoe

5     
Senate Sponsor: Kevin T. Van Tassell

6     Cosponsor:
Paul Ray

7     

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:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
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
27     ENACTS:
28          20A-3-101.5, Utah Code Annotated 1953
29     

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), [any person may apply to] an individual may
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 [old] of age on the day of the election; [and] or
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 [person]
47     individual applies to register to vote.
48          (2) (a) (i) [A person] An individual who is involuntarily confined or incarcerated in a
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 [person] individual was a resident of
51     that voting precinct before the confinement or incarceration.
52          (ii) [A person] An individual who is involuntarily confined or incarcerated in a jail or
53     prison is a resident of the voting precinct in which the [person] individual resided before the
54     confinement or incarceration.
55          (b) [A person] An individual who has been convicted of a felony or a misdemeanor for
56     an offense under this title may not register to vote or remain registered to vote unless the
57     [person's] individual's right to vote has been restored as provided in Section 20A-2-101.3 or
58     20A-2-101.5.
59          (c) [A person] An individual whose right to vote has been restored, as provided in
60     Section 20A-2-101.3 or 20A-2-101.5, is eligible to register to vote.
61          (3) [A person] An individual who is eligible to vote and who resides within the
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; [and]
70          (h) bond election[.]; and
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;
76          [(b) will not be 18 years of age before the next election;]
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 [is at least 18 years of age] is otherwise eligible to register to vote
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[: (i) that will be held on or after the
115     day on which the individual turns 18 years of age; and (ii)] in which the individual will not be
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[.]; or
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
136     Registration;
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
140     election.