Representative Norman K. Thurston proposes the following substitute bill:


1     
VOTER PRIVACY AMENDMENTS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Karen Mayne

5     
House Sponsor: Rebecca P. Edwards

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions related to a date of birth on a voter registration record.
10     Highlighted Provisions:
11          This bill:
12          ▸     specifies that a qualified person may only obtain a voter's month and year of birth
13     from the list of registered voters instead of a voter's entire date of birth;
14          ▸     amends the voter registration form;
15          ▸     allows any individual to request that the individual's voter registration record be
16     classified as a private record;
17          ▸     amends provisions relating to the process by which a voter may request that the
18     voter's voter registration record be classified as a private record;
19          ▸      specifies that a governmental entity may share a protected voter registration record
20     with another governmental entity for a purpose related to voter registration or the
21     administration of an election; and
22          ▸     makes conforming changes.
23     Money Appropriated in this Bill:
24          None
25     Other Special Clauses:
26          This bill provides a coordination clause.
27     Utah Code Sections Affected:
28     AMENDS:
29          20A-2-104, as last amended by Laws of Utah 2015, Chapter 130
30          20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
31          20A-2-306, as last amended by Laws of Utah 2017, Chapter 52
32          20A-6-105, as last amended by Laws of Utah 2014, Chapter 373
33          63G-2-202, as last amended by Laws of Utah 2016, Chapter 348
34     Utah Code Sections Affected by Coordination Clause:
35          20A-2-104, as last amended by Laws of Utah 2015, Chapter 130
36     

37     Be it enacted by the Legislature of the state of Utah:
38          Section 1. Section 20A-2-104 is amended to read:
39          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
40          (1) An individual applying for voter registration, or an individual preregistering to
41     vote, shall complete a voter registration form in substantially the following form:
42     -----------------------------------------------------------------------------------------------------------------
43     
UTAH ELECTION REGISTRATION FORM

44     Are you a citizen of the United States of America?                    Yes     No
45     If you checked "no" to the above question, do not complete this form.
46     Will you be 18 years of age on or before election day?          Yes     No
47     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
48     vote?                                                  Yes     No
49     If you checked "no" to both of the prior two questions, do not complete this form.
50     Name of Voter
51     _________________________________________________________________
52                         First                Middle            Last
53     Utah Driver License or Utah Identification Card Number____________________________
54     Date of Birth ______________________________________________________
55     Street Address of Principal Place of Residence
56     ____________________________________________________________________________
57          City            County            State            Zip Code
58     Telephone Number (optional) _________________________
59     Last four digits of Social Security Number ______________________
60     Last former address at which I was registered to vote (if
61     known)__________________________
62     ____________________________________________________________________________
63          City               County               State           Zip Code
64     Political Party
65     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
66     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
67      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
68          You may request that your voter registration record be classified as a private record by
69     indicating here: ____Yes, I would like to request that my voter registration record be classified
70     as a private record.
71          I do swear (or affirm), subject to penalty of law for false statements, that the
72     information contained in this form is true, and that I am a citizen of the United States and a
73     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
74     am preregistering to vote in a later election, I will be at least 18 years of age and will have
75     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
76     currently incarcerated for commission of a felony.
77          Signed and sworn
78          __________________________________________________________
79                              Voter's Signature
80          _______________(month/day/year).
81          ["]The portion of [a] your voter registration form that lists [a person's] your driver
82     license or identification card number, social security number, [and] email address, and the day
83     of your month of birth is a private record. The portion of [a] your voter registration form that
84     lists [a person's date] your month and year of birth is a private record, the use of which is
85     restricted to government officials, government employees, political parties, or certain other
86     persons.
87          [If you believe that disclosure of any information contained in this voter registration
88     form to a person other than a government official or government employee is likely to put you
89     or a member of your household's life or safety at risk, or to put you or a member of your
90     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
91     county clerk to have your entire voter registration record classified as private."]
92     
CITIZENSHIP AFFIDAVIT

93     Name:
94     Name at birth, if different:
95     Place of birth:
96     Date of birth:
97     Date and place of naturalization (if applicable):
98          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
99     citizen and that to the best of my knowledge and belief the information above is true and
100     correct.
101     ____________________________
102     Signature of Applicant
103          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
104     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
105     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
106     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
107     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
108     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
109     PHOTOGRAPH; OR
110     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
111     CURRENT ADDRESS.
112     FOR OFFICIAL USE ONLY
113                                   Type of I.D. ____________________________
114                                   Voting Precinct _________________________
115                                   Voting I.D. Number _____________________
116     ------------------------------------------------------------------------------------------------------------------
117          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
118     of each voter registration form in a permanent countywide alphabetical file, which may be
119     electronic or some other recognized system.
120          (b) The county clerk may transfer a superseded voter registration form to the Division
121     of Archives and Records Service created under Section 63A-12-101.
122          (3) (a) Each county clerk shall retain lists of currently registered voters.
123          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
124          (c) If there are any discrepancies between the two lists, the county clerk's list is the
125     official list.
126          (d) The lieutenant governor and the county clerks may charge the fees established
127     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
128     the list of registered voters.
129          (4) (a) As used in this Subsection (4), "qualified person" means:
130          (i) a government official or government employee acting in the government official's or
131     government employee's capacity as a government official or a government employee;
132          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
133     independent contractor of a health care provider;
134          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
135     independent contractor of an insurance company;
136          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
137     independent contractor of a financial institution;
138          (v) a political party, or an agent, employee, or independent contractor of a political
139     party; or
140          (vi) a person, or an agent, employee, or independent contractor of the person, who:
141          (A) provides the [date] month or year of birth of a registered voter that is obtained from
142     the list of registered voters only to a person who is a qualified person;
143          (B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a [date]
144     month or year of birth that is obtained from the list of registered voters is provided, is a
145     qualified person;
146          (C) ensures, using industry standard security measures, that the [date] month or year of
147     birth of a registered voter that is obtained from the list of registered voters may not be accessed
148     by a person other than a qualified person;
149          (D) verifies that each qualified person, other than a qualified person described in
150     Subsection (4)(a)(i) or (v), to whom the person provides the [date] month or year of birth of a
151     registered voter that is obtained from the list of registered voters, will only use the [date] month
152     or year of birth to verify the accuracy of personal information submitted by an individual or to
153     confirm the identity of a person in order to prevent fraud, waste, or abuse;
154          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
155     person provides the [date] month or year of birth of a registered voter that is obtained from the
156     list of registered voters, will only use the [date] month or year of birth in the qualified person's
157     capacity as a government official or government employee; and
158          (F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
159     person provides the [date] month or year of birth of a registered voter that is obtained from the
160     list of registered voters, will only use the [date] month or year of birth for a political purpose.
161          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
162     Subsection 63G-2-302(1)(k), the lieutenant governor or a county clerk shall, when providing
163     the list of registered voters to a qualified person under this section, include, with the list, the
164     [dates] months and years of birth of the registered voters, if:
165          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
166     the person is a qualified person; and
167          (ii) the qualified person signs a document that includes the following:
168          (A) the name, address, and telephone number of the person requesting the list of
169     registered voters;
170          (B) an indication of the type of qualified person that the person requesting the list
171     claims to be;
172          (C) a statement regarding the purpose for which the person desires to obtain the [dates]
173     months and years of birth;
174          (D) a list of the purposes for which the [date] qualified person may use the month or
175     year of birth of a registered voter that is obtained from the list of registered voters [may be
176     used];
177          (E) a statement that the [date] month or year of birth of a registered voter that is
178     obtained from the list of registered voters may not be provided or used for a purpose other than
179     a purpose described under Subsection (4)(b)(ii)(D);
180          (F) a statement that if the person obtains the [date] month or year of birth of a
181     registered voter from the list of registered voters under false pretenses, or provides or uses the
182     [date] month or year of birth of a registered voter that is obtained from the list of registered
183     voters in a manner that is prohibited by law, is guilty of a class A misdemeanor and is subject
184     to a civil fine;
185          (G) an assertion from the person that the person will not provide or use the [date]
186     month or year of birth of a registered voter that is obtained from the list of registered voters in a
187     manner that is prohibited by law; and
188          (H) notice that if the person makes a false statement in the document, the person is
189     punishable by law under Section 76-8-504.
190          (c) The lieutenant governor or a county clerk may not disclose the [date] month or year
191     of birth of a registered voter to a person that the lieutenant governor or county clerk reasonably
192     believes:
193          (i) is not a qualified person or a person described in Subsection (4)[(k)](j); or
194          (ii) will provide or use the [date] month or year of birth in a manner prohibited by law.
195          (d) The lieutenant governor or a county clerk may not disclose the voter registration
196     form of a person, or information included in the person's voter registration form, whose voter
197     registration form is classified as private under Subsection (4)(f) to a person other than a
198     government official or government employee acting in the government official's or government
199     employee's capacity as a government official or government employee.
200          (e) A person is guilty of a class A misdemeanor if the person:
201          (i) obtains the [date] month or year of birth of a registered voter from the list of
202     registered voters under false pretenses; or
203          (ii) uses or provides the [date] month or year of birth of a registered voter that is
204     obtained from the list of registered voters, in a manner that is not permitted by law.
205          (f) The lieutenant governor or a county clerk shall classify the voter registration record
206     of a voter as a private record if the voter [submits]:
207          (i) submits a written application, created by the lieutenant governor, requesting that the
208     voter's voter registration record be classified as private; [and] or
209          [(ii) provides evidence to the lieutenant governor or a county clerk establishing that
210     release of the information on the voter's voter registration record is likely to put the voter or a
211     member of the voter's household's life or safety at risk, or to put the voter or a member of the
212     voter's household at risk of being stalked or harassed.]
213          [(g) The evidence described in Subsection (4)(f) may include:]
214          [(i) a protective order;]
215          [(ii) a police report; or]
216          [(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
217     Utah Administrative Rulemaking Act, by the director of elections within the Office of the
218     Lieutenant Governor.]
219          (ii) requests on the voter's voter registration form that the voter's voter registration
220     record be classified as a private record.
221          [(h)] (g) In addition to any criminal penalty that may be imposed under this section, the
222     lieutenant governor may impose a civil fine against a person who obtains the [date] month or
223     year of birth of a registered voter from the list of registered voters under false pretenses, or
224     provides or uses a [date] month or year of birth of a registered voter that is obtained from the
225     list of registered voters in a manner that is not permitted by law, in an amount equal to the
226     greater of:
227          (i) the product of 30 and the square root of the total number of [dates] months or years
228     of birth obtained, provided, or used unlawfully, rounded to the nearest whole dollar; or
229          (ii) $200.
230          [(i)] (h) A qualified person may not obtain, provide, or use the [date] month or year of
231     birth of a registered voter, if the [date] month or year of birth is obtained from the list of
232     registered voters or from a voter registration record, unless the person:
233          (i) is a government official or government employee who obtains, provides, or uses the
234     [date] month or year of birth in the government official's or government employee's capacity as
235     a government official or government employee;
236          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
237     uses the [date] month or year of birth only to verify the accuracy of personal information
238     submitted by an individual or to confirm the identity of a person in order to prevent fraud,
239     waste, or abuse;
240          (iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
241     uses the [date] month or year of birth for a political purpose; or
242          (iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
243     uses the [date] month or year of birth to provide the [date] month or year of birth to another
244     qualified person to verify the accuracy of personal information submitted by an individual or to
245     confirm the identity of a person in order to prevent fraud, waste, or abuse.
246          [(j)] (i) A person who is not a qualified person may not obtain, provide, or use the
247     [date] month or year of birth of a registered voter, if the [date] month or year of birth is
248     obtained from the list of registered voters or from a voter registration record, unless the person:
249          (i) is a candidate for public office and uses the [date] month or year of birth only for a
250     political purpose; or
251          (ii) obtains the [date] month or year of birth from a political party or a candidate for
252     public office and uses the [date] month or year of birth only for the purpose of assisting the
253     political party or candidate for public office to fulfill a political purpose.
254          [(k)] (j) The lieutenant governor or a county clerk may provide a [date] month or year
255     of birth to a member of the media, in relation to an individual designated by the member of the
256     media, in order for the member of the media to verify the identity of the individual.
257          (5) When political parties not listed on the voter registration form qualify as registered
258     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
259     lieutenant governor shall inform the county clerks about the name of the new political party
260     and direct the county clerks to ensure that the voter registration form is modified to include that
261     political party.
262          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
263     clerk's designee shall:
264          (a) review each voter registration form for completeness and accuracy; and
265          (b) if the county clerk believes, based upon a review of the form, that an individual
266     may be seeking to register or preregister to vote who is not legally entitled to register or
267     preregister to vote, refer the form to the county attorney for investigation and possible
268     prosecution.
269          Section 2. Section 20A-2-108 is amended to read:
270          20A-2-108. Driver license registration form -- Transmittal of information.
271          (1) The lieutenant governor and the Driver License Division shall design the driver
272     license application and renewal forms to include the following questions:
273          (a) "If you are not registered to vote where you live now, would you like to register to
274     vote today?"; and
275          (b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
276     the next election, would you like to preregister to vote today?"
277          (2) (a) The lieutenant governor and the Driver License Division shall design a motor
278     voter registration form to be used in conjunction with driver license application and renewal
279     forms.
280          (b) Each driver license application and renewal form shall contain:
281          (i) a place for the applicant to decline to register or preregister to vote;
282          (ii) the following statement: "You may request that your voter registration record be
283     classified as a private record by indicating here: ____Yes, I would like to request that my voter
284     registration record be classified as a private record.";
285          [(ii)] (iii) an eligibility statement in substantially the following form:
286          "I do swear (or affirm), subject to penalty of law for false statements, that the
287     information contained in this form is true, and that I am a citizen of the United States and a
288     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
289     am preregistering to vote in a later election, I will be at least 18 years of age and will have
290     resided in Utah for 30 days immediately before the next election.
291     Signed and sworn
292     ____________________________________________________
293                    Voter's Signature
294     __________(month\day\year)";
295          [(iii)] (iv) a citizenship affidavit in substantially the following form:
296     
"CITIZENSHIP AFFIDAVIT

297     Name:
298     Name at birth, if different:
299     Place of birth:
300     Date of birth:
301     Date and place of naturalization (if applicable):
302          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
303     citizen and that to the best of my knowledge and belief the information above is true and
304     correct.
305     ____________________________
306     Signature of Applicant
307          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
308     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
309     register or preregister to vote is up to one year in jail and a fine of up to $2,500";
310          [(iv)] (v) a statement that if an applicant declines to register or preregister to vote, the
311     fact that the applicant has declined to register or preregister will remain confidential and will be
312     used only for voter registration purposes;
313          [(v)] (vi) a statement that if an applicant does register or preregister to vote, the office
314     at which the applicant submits a voter registration application will remain confidential and will
315     be used only for voter registration purposes; and
316          [(vi)] (vii) the following statement:
317          "The portion of [a] your voter registration form that lists [a person's] your driver license
318     or identification card number, social security number, [and] email address, and the day of your
319     month of birth is a private record. The portion of [a] your voter registration form that lists [a
320     person's date] your month and year of birth is a private record, the use of which is restricted to
321     government officials, government employees, political parties, or certain other persons."
322          [If you believe that disclosure of any information contained in this voter registration
323     form to a person other than a government official or government employee is likely to put you
324     or a member of your household's life or safety at risk, or to put you or a member of your
325     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
326     county clerk to have your entire voter registration record classified as private."]
327          (3) Upon receipt of a voter registration form from an applicant, the county clerk or the
328     clerk's designee shall:
329          (a) review the voter registration form for completeness and accuracy; and
330          (b) if the county clerk believes, based upon a review of the form, that a person may be
331     seeking to register or preregister to vote who is not legally entitled to register or preregister to
332     vote, refer the form to the county attorney for investigation and possible prosecution.
333          Section 3. Section 20A-2-306 is amended to read:
334          20A-2-306. Removing names from the official register -- Determining and
335     confirming change of residence.
336          (1) A county clerk may not remove a voter's name from the official register on the
337     grounds that the voter has changed residence unless the voter:
338          (a) confirms in writing that the voter has changed residence to a place outside the
339     county; or
340          (b) (i) has not voted in an election during the period beginning on the date of the notice
341     required by Subsection (3), and ending on the day after the date of the second regular general
342     election occurring after the date of the notice; and
343          (ii) has failed to respond to the notice required by Subsection (3).
344          (2) (a) When a county clerk obtains information that a voter's address has changed and
345     it appears that the voter still resides within the same county, the county clerk shall:
346          (i) change the official register to show the voter's new address; and
347          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
348     printed on a postage prepaid, preaddressed return form.
349          (b) When a county clerk obtains information that a voter's address has changed and it
350     appears that the voter now resides in a different county, the county clerk shall verify the
351     changed residence by sending to the voter, by forwardable mail, the notice required by
352     Subsection (3) printed on a postage prepaid, preaddressed return form.
353          (3) Each county clerk shall use substantially the following form to notify voters whose
354     addresses have changed:
355          "VOTER REGISTRATION NOTICE
356          We have been notified that your residence has changed. Please read, complete, and
357     return this form so that we can update our voter registration records. What is your current
358     street address?
359     ___________________________________________________________________________
360     Street                      City                County          State          Zip
361          If you have not changed your residence or have moved but stayed within the same
362     county, you must complete and return this form to the county clerk so that it is received by the
363     county clerk no later than 30 days before the date of the election. If you fail to return this form
364     within that time:
365          - you may be required to show evidence of your address to the poll worker before being
366     allowed to vote in either of the next two regular general elections; or
367          - if you fail to vote at least once from the date this notice was mailed until the passing
368     of two regular general elections, you will no longer be registered to vote. If you have changed
369     your residence and have moved to a different county in Utah, you may register to vote by
370     contacting the county clerk in your county.
371     ________________________________________
372     Signature of Voter"
373          "The portion of [a] your voter registration form that lists [a person's] your driver license
374     or identification card number, social security number, [and] email address, and the day of your
375     month of birth is a private record. The portion of [a] your voter registration form that lists [a
376     person's date] your month and year of birth is a private record, the use of which is restricted to
377     government officials, government employees, political parties, or 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] You may apply to the lieutenant governor
382     or your county clerk to have your entire voter registration record classified as private."
383          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
384     names of any voters from the official register during the 90 days before a regular primary
385     election and the 90 days before a regular general election.
386          (b) The county clerk may remove the names of voters from the official register during
387     the 90 days before a regular primary election and the 90 days before a regular general election
388     if:
389          (i) the voter requests, in writing, that the voter's name be removed; or
390          (ii) the voter has died.
391          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
392     may list that voter as inactive.
393          (ii) If a county clerk receives a returned voter identification card, determines that there
394     was no clerical error causing the card to be returned, and has no further information to contact
395     the voter, the county clerk may list that voter as inactive.
396          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
397     privileges of a registered voter.
398          (iv) A county is not required to send routine mailings to an inactive voter and is not
399     required to count inactive voters when dividing precincts and preparing supplies.
400          Section 4. Section 20A-6-105 is amended to read:
401          20A-6-105. Provisional ballot envelopes.
402          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
403     substantially the following form:
404          "AFFIRMATION
405     Are you a citizen of the United States of America? Yes No
406     Will you be 18 years old on or before election day? Yes No
407     If you checked "no" in response to either of the two above questions, do not complete this
408     form.
409          Name of Voter _________________________________________________________
410                         First                Middle               Last
411          Driver License or Identification Card Number _________________________________
412          State of Issuance of Driver License or Identification Card Number _________________
413          Date of Birth ___________________________________________________________
414          Street Address of Principal Place of Residence
415          ______________________________________________________________________
416               City               County               State          Zip Code
417          Telephone Number (optional) ______________________________________________
418          Last four digits of Social Security Number ____________________________
419          Last former address at which I was registered to vote (if known)
420          ______________________________________________________________________
421               City               County               State          Zip Code
422          Voting Precinct (if known)
423     _________________________________________________
424          I, (please print your full name)__________________________do solemnly swear or
425     affirm:
426          That I am currently registered to vote in the state of Utah and am eligible to vote in this
427     election; that I have not voted in this election in any other precinct; that I am eligible to vote in
428     this precinct; and that I request that I be permitted to vote in this precinct; and
429          Subject to penalty of law for false statements, that the information contained in this
430     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
431     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
432     immediately before this election.
433     Signed ______________________________________________________________________
434     Dated ______________________________________________________________________
435          In accordance with Section 20A-3-506, wilfully providing false information above is a
436     class B misdemeanor under Utah law and is punishable by imprisonment and by fine."
437          "The portion of [a] your voter registration form that lists [a person's] your driver license
438     or identification card number, social security number, and email address, and the day of your
439     month of birth, is a private record. The portion of [a] your voter registration form that lists [a
440     person's date] your month and year of birth is a private record, the use of which is restricted to
441     government officials, government employees, political parties, or certain other persons.
442          [If you believe that disclosure of any information contained in this voter registration
443     form to a person other than a government official or government employee is likely to put you
444     or a member of your household's life or safety at risk, or to put you or a member of your
445     household at risk of being stalked or harassed, you] You may apply to the lieutenant governor
446     or your county clerk to have your entire voter registration record classified as private."
447          "CITIZENSHIP AFFIDAVIT
448          Name:
449          Name at birth, if different:
450          Place of birth:
451          Date of birth:
452          Date and place of naturalization (if applicable):
453          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
454     citizen and that to the best of my knowledge and belief the information above is true and
455     correct.
456                                             ____________________________
457                                                  Signature of Applicant
458          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
459     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
460     up to one year in jail and a fine of up to $2,500."
461          (2) The provisional ballot envelope shall include:
462          (a) a unique number;
463          (b) a detachable part that includes the unique number; and
464          (c) a telephone number, internet address, or other indicator of a means, in accordance
465     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
466          Section 5. Section 63G-2-202 is amended to read:
467          63G-2-202. Access to private, controlled, and protected documents.
468          (1) [Upon request, and except] Except as provided in Subsection (11)(a), a
469     governmental entity [shall]:
470           (a) shall, upon request, disclose a private record to:
471          [(a)] (i) the subject of the record;
472          [(b)] (ii) the parent or legal guardian of an unemancipated minor who is the subject of
473     the record;
474          [(c)] (iii) the legal guardian of a legally incapacitated individual who is the subject of
475     the record;
476          [(d)] (iv) any other individual who:
477          [(i)] (A) has a power of attorney from the subject of the record;
478          [(ii)] (B) submits a notarized release from the subject of the record or the individual's
479     legal representative dated no more than 90 days before the date the request is made; or
480          [(iii)] (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is
481     a health care provider, as defined in Section 26-33a-102, if releasing the record or information
482     in the record is consistent with normal professional practice and medical ethics; or
483          [(e)] (v) any person to whom the record must be provided pursuant to:
484          [(i)] (A) court order as provided in Subsection (7); or
485          [(ii)] (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative
486     Subpoena Powers[.]; and
487          (b) may disclose a private record described in Subsection 63G-2-302(1)(j) or (k),
488     without complying with Section 63G-2-206, to another governmental entity for a purpose
489     related to:
490          (i) voter registration; or
491          (ii) the administration of an election.
492          (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
493          (i) a physician, psychologist, certified social worker, insurance provider or producer, or
494     a government public health agency upon submission of:
495          (A) a release from the subject of the record that is dated no more than 90 days prior to
496     the date the request is made; and
497          (B) a signed acknowledgment of the terms of disclosure of controlled information as
498     provided by Subsection (2)(b); and
499          (ii) any person to whom the record must be disclosed pursuant to:
500          (A) a court order as provided in Subsection (7); or
501          (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
502     Powers.
503          (b) A person who receives a record from a governmental entity in accordance with
504     Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
505     including the subject of the record.
506          (3) If there is more than one subject of a private or controlled record, the portion of the
507     record that pertains to another subject shall be segregated from the portion that the requester is
508     entitled to inspect.
509          (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
510     entity shall disclose a protected record to:
511          (a) the person that submitted the record;
512          (b) any other individual who:
513          (i) has a power of attorney from all persons, governmental entities, or political
514     subdivisions whose interests were sought to be protected by the protected classification; or
515          (ii) submits a notarized release from all persons, governmental entities, or political
516     subdivisions whose interests were sought to be protected by the protected classification or from
517     their legal representatives dated no more than 90 days prior to the date the request is made;
518          (c) any person to whom the record must be provided pursuant to:
519          (i) a court order as provided in Subsection (7); or
520          (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
521     Powers; or
522          (d) the owner of a mobile home park, subject to the conditions of Subsection
523     41-1a-116(5).
524          (5) [A] Except as provided in Subsection (1)(b), a governmental entity may disclose a
525     private, controlled, or protected record to another governmental entity, political subdivision,
526     state, the United States, or a foreign government only as provided by Section 63G-2-206.
527          (6) Before releasing a private, controlled, or protected record, the governmental entity
528     shall obtain evidence of the requester's identity.
529          (7) A governmental entity shall disclose a record pursuant to the terms of a court order
530     signed by a judge from a court of competent jurisdiction, provided that:
531          (a) the record deals with a matter in controversy over which the court has jurisdiction;
532          (b) the court has considered the merits of the request for access to the record;
533          (c) the court has considered and, where appropriate, limited the requester's use and
534     further disclosure of the record in order to protect:
535          (i) privacy interests in the case of private or controlled records;
536          (ii) business confidentiality interests in the case of records protected under Subsection
537     63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
538          (iii) privacy interests or the public interest in the case of other protected records;
539          (d) to the extent the record is properly classified private, controlled, or protected, the
540     interests favoring access, considering limitations thereon, are greater than or equal to the
541     interests favoring restriction of access; and
542          (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
543     63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
544          (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
545     authorize disclosure of private or controlled records for research purposes if the governmental
546     entity:
547          (i) determines that the research purpose cannot reasonably be accomplished without
548     use or disclosure of the information to the researcher in individually identifiable form;
549          (ii) determines that:
550          (A) the proposed research is bona fide; and
551          (B) the value of the research is greater than or equal to the infringement upon personal
552     privacy;
553          (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
554     the records; and
555          (B) requires the removal or destruction of the individual identifiers associated with the
556     records as soon as the purpose of the research project has been accomplished;
557          (iv) prohibits the researcher from:
558          (A) disclosing the record in individually identifiable form, except as provided in
559     Subsection (8)(b); or
560          (B) using the record for purposes other than the research approved by the governmental
561     entity; and
562          (v) secures from the researcher a written statement of the researcher's understanding of
563     and agreement to the conditions of this Subsection (8) and the researcher's understanding that
564     violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
565     under Section 63G-2-801.
566          (b) A researcher may disclose a record in individually identifiable form if the record is
567     disclosed for the purpose of auditing or evaluating the research program and no subsequent use
568     or disclosure of the record in individually identifiable form will be made by the auditor or
569     evaluator except as provided by this section.
570          (c) A governmental entity may require indemnification as a condition of permitting
571     research under this Subsection (8).
572          (d) A governmental entity may not disclose or authorize disclosure of a private record
573     for research purposes as described in this Subsection (8) if the private record is a record
574     described in Subsection 63G-2-302(1)(u).
575          (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
576     may disclose to persons other than those specified in this section records that are:
577          (i) private under Section 63G-2-302; or
578          (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
579     business confidentiality has been made under Section 63G-2-309.
580          (b) Under Subsection 63G-2-403(11)(b), the records committee may require the
581     disclosure to persons other than those specified in this section of records that are:
582          (i) private under Section 63G-2-302;
583          (ii) controlled under Section 63G-2-304; or
584          (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
585     business confidentiality has been made under Section 63G-2-309.
586          (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
587     that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
588     under Section 63G-2-305 to persons other than those specified in this section.
589          (10) A record contained in the Management Information System, created in Section
590     62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
591     disclosed to any person except the person who is alleged in the report to be a perpetrator of
592     abuse, neglect, or dependency.
593          (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
594     disclosed as provided in Subsection (1)(e).
595          (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
596     as provided in Subsection (4)(c) or Section 62A-3-312.
597          (12) (a) A private, protected, or controlled record described in Section 62A-16-301
598     shall be disclosed as required under:
599          (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
600          (ii) Subsections 62A-16-302(1) and (6).
601          (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
602     protected, or controlled.
603          Section 6. Coordinating S.B. 74 with H.B. 218 -- Technical amendments.
604          If this S.B. 74 and H.B. 218, Modifications to Election Law, both pass and become law,
605     it is the intent of the Legislature that the amendments to Subsection 20A-2-104(4)(f) in this
606     S.B. 74 supercede the amendments to Subsection 20A-2-104(4)(f) in H.B. 218, when the
607     Office of Legislative Research and General Counsel prepares the Utah Code database for
608     publication.