Senator Deidre M. Henderson proposes the following substitute bill:


1     
VOTER REGISTRATION REVISIONS

2     
2018 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Deidre M. Henderson

5     
House Sponsor: Stephen G. Handy

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          ▸     amends provisions relating to the process by which a voter may request that the
22     voter's voter registration record be classified as a private record; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:
30          20A-2-108, as last amended by Laws of Utah 2015, Chapter 130
31          20A-2-204, as last amended by Laws of Utah 2015, Chapter 130
32          20A-2-304, as last amended by Laws of Utah 2017, Chapter 91
33          20A-2-401, as last amended by Laws of Utah 2015, Chapter 130
34          63G-2-302, as last amended by Laws of Utah 2017, Chapters 168 and 282
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 20A-2-108 is amended to read:
38          20A-2-108. Driver license or state identification card registration form --
39     Transmittal of information.
40          (1) As used in this section, "qualifying form" means:
41          (a) a driver license application form; or
42          (b) a state identification card application form.
43          [(1)] (2) The lieutenant governor and the Driver License Division shall design [the
44     driver license application and renewal forms to include the following questions:] each
45     qualifying form to include the following statements:
46          (a) "If you are qualified to register or preregister to vote, the information on this form
47     will be used for voter registration purposes, unless you indicate otherwise by marking here: ___
48     No, I do not authorize the use of the information in this form for voter registration purposes.";
49     and
50          (b) "If you believe that disclosure of any information contained in your voter
51     registration form to a person other than a government official or government employee is likely
52     to put you or a member of your household's life or safety at risk, or to put you or a member of
53     your household at risk of being stalked or harassed, you may request that your voter registration
54     record be temporarily classified as a private record by indicating below.
55          If you request that your voter registration record be temporarily classified as a private
56     record, you will be required to provide evidence to the lieutenant governor of the risks
57     described above. You will be contacted with further instruction on how to submit this
58     evidence.
59          If you agree to the conditions described above, you may request that your voter
60     registration record be temporarily classified as a private record by marking here:_____."
61          [(a) "If you are not registered to vote where you live now, would you like to register to
62     vote today?"; and]
63          [(b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
64     the next election, would you like to preregister to vote today?"]
65          [(2) (a) The lieutenant governor and the Driver License Division shall design a motor
66     voter registration form to be used in conjunction with driver license application and renewal
67     forms.]
68          [(b) Each driver license application and renewal form shall contain:]
69          [(i) a place for the applicant to decline to register or preregister to vote;]
70          [(ii) an eligibility statement in substantially the following form:]
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.]
76     [Signed and sworn]
77     [____________________________________________________]
78                    [Voter's Signature]
79     [__________(month\day\year)";]
80          [(iii) a citizenship affidavit in substantially the following form:]
81     
["CITIZENSHIP AFFIDAVIT]

82     [Name:]
83     [Name at birth, if different:]
84     [Place of birth:]
85     [Date of birth:]
86     [Date and place of naturalization (if applicable):]
87          [I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
88     citizen and that to the best of my knowledge and belief the information above is true and
89     correct.]
90     [____________________________]
91     [Signature of Applicant]
92          [In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
93     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
94     register or preregister to vote is up to one year in jail and a fine of up to $2,500";]
95          (3) The lieutenant governor and the Driver License Division shall ensure that a
96     qualifying form contains:
97          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
98     Utah residency, and that the information provided in the form is true;
99          (b) a records disclosure that is similar to the records disclosure on a voter registration
100     form described in Section 20A-2-104;
101          [(iv)] (c) a statement that if an applicant declines to register or preregister to vote, the
102     fact that the applicant has declined to register or preregister will remain confidential and will be
103     used only for voter registration purposes;
104          [(v)] (d) a statement that if an applicant does register or preregister to vote, the office at
105     which the applicant submits a voter registration application will remain confidential and will be
106     used only for voter registration purposes; and
107          (e) a space where an individual may, if desired:
108          (i) indicate the individual's desired political affiliation from a listing of each registered
109     political party, as defined in Section 20A-8-101;
110          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
111     individual desires to affiliate; or
112          (iii) indicate that the individual does not wish to affiliate with a political party.
113          [(vi) the following statement:]
114          ["The portion of a voter registration form that lists a person's driver license or
115     identification card number, Social Security number, and email address is a private record. The
116     portion of a voter registration form that lists a person's date of birth is a private record, the use
117     of which is restricted to government officials, government employees, political parties, or
118     certain other persons.]
119          [If you believe that disclosure of any information contained in this voter registration
120     form to a person other than a government official or government employee is likely to put you
121     or a member of your household's life or safety at risk, or to put you or a member of your
122     household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
123     county clerk to have your entire voter registration record classified as private."]
124          [(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
125     clerk's designee shall:]
126          [(a) review the voter registration form for completeness and accuracy; and]
127          [(b) if the county clerk believes, based upon a review of the form, that a person may be
128     seeking to register or preregister to vote who is not legally entitled to register or preregister to
129     vote, refer the form to the county attorney for investigation and possible prosecution.]
130          Section 2. Section 20A-2-204 is amended to read:
131          20A-2-204. Registering to vote when applying for or renewing a driver license.
132          (1) As used in this section, "voter registration form" means [the driver license
133     application/voter registration form and the driver license renewal/voter registration form
134     required by Section 20A-2-108] the information on a qualifying form, as defined in Section
135     20A-2-108, that can be used for voter registration purposes if the individual named on the form
136     does not indicate otherwise under Subsection 20A-2-108(2).
137          (2) [Any] A citizen who is qualified to vote [may register] and who completes a voter
138     registration form under this section shall be registered to vote, and [any] a citizen who is
139     qualified to preregister to vote [may preregister] and who completes a voter registration form
140     under this section shall be preregistered to vote[, by completing the voter registration form].
141          (3) The Driver License Division shall:
142          (a) assist [applicants] an individual in completing the voter registration form unless the
143     [applicant] individual refuses assistance;
144          [(b) accept a completed voter registration form and transmit the form to the county
145     clerk of the county in which the applicant resides within five days after the day on which the
146     division receives the form;]
147          [(c)] (b) electronically transmit each address change to the lieutenant governor within
148     five days after the day on which the division receives the address change; and
149          [(d) transmit electronically to the lieutenant governor's office the name, address, birth
150     date, and driver license number of each individual who answers "yes" to a question described
151     in Subsection 20A-2-108(1), and indicate whether the individual is registering or preregistering
152     to vote.]
153          [(4) (a) Upon receipt of a correctly completed voter registration form from an
154     individual who is registering to vote, the county clerk shall:]
155          [(i) enter the applicant's name on the list of registered voters for the voting precinct in
156     which the applicant resides; and]
157          [(ii) notify the applicant of registration.]
158          [(b) Upon receipt of a correctly completed voter registration form from an individual
159     who is preregistering to vote, the county clerk shall]
160          (c) within five days after the day on which the division receives a voter registration
161     form, electronically transmit the form to the Office of the Lieutenant Governor, including the
162     following for the individual named on the form:
163          (i) the name, date of birth, driver license or state identification card number, last four
164     digits of the social security number, Utah residential address, place of birth, and signature;
165           (ii) a mailing address, if different from the individual's Utah residential address; and
166           (iii) an email address and phone number, if available;
167          (iv) the desired political affiliation, if indicated; and
168          (v) an indication of whether the individual requested that the individual's voter
169     registration record be classified as a private record under Subsection 20A-2-108(2)(b).
170          (4) Upon receipt of an individual's voter registration form from the Driver License
171     Division under Subsection (3), the lieutenant governor shall:
172          (a) enter the information into the statewide voter registration database; and
173          (b) if the individual requests on the individual's voter registration form that the
174     individual's voter registration record be classified as a private record:
175          (i) temporarily classify the individual's voter registration record as a private record;
176          (ii) immediately send a notice to the individual that:
177          (A) explains that the lieutenant governor has temporarily classified the individual's
178     voter registration record as a private record;
179          (B) explains that, in order for the individual's voter registration record to be
180     permanently classified as a private record, the individual is required to submit an application
181     described in Subsection 20A-2-104(4)(f)(i) and provide evidence to the lieutenant governor
182     establishing that release of the information on the voter's voter registration record is likely to
183     put the voter or a member of the voter's household's life or safety at risk, or to put the voter or a
184     member of the voter's household at risk of being stalked or harassed;
185          (C) lists types of evidence that may be sufficient to comply with the requirements
186     described in Subsection (4)(b)(ii)(B), including the types of evidence described in Subsection
187     20A-2-104(4)(g);
188          (D) includes an application described in Subsection 20A-2-104(4)(f)(i);
189          (E) specifies the deadline described in Subsection (5) by which the individual is
190     required to submit the application and evidence described in Subsection (4)(b)(ii)(B);
191          (F) includes instructions on how the individual may submit the application and
192     evidence to the lieutenant governor; and
193          (G) explains that, if the individual does not submit the application and evidence before
194     the deadline described in Subsection (4)(b)(ii)(E), the lieutenant governor will classify the
195     individual's voter registration record as a public record; and
196          (iii) (A) if the individual submits the application and evidence described in Subsection
197     (4)(b)(ii)(B) before the deadline described in Subsection (4)(b)(ii)(E), permanently classify the
198     individual's voter registration record as a private record; or
199          (B) if the individual does not submit the evidence described in Subsection (4)(b)(ii)(B)
200     before the deadline described in Subsection (4)(b)(ii)(E), classify the individual's voter
201     registration record as a public record.
202          (5) An individual shall submit the application and evidence described in Subsection
203     (4)(b)(ii)(B) within 30 days after the day on which the lieutenant governor sends the notice
204     described in Subsection (4)(b)(ii).
205          (6) The county clerk for an individual whose information is entered into the statewide
206     voter registration database under Subsection (4) shall:
207          (a) (i) ensure that the individual meets the qualifications to be registered or
208     preregistered to vote; and
209          (ii) if the individual meets the qualifications to be registered to vote:
210          (A) ensure that the individual is assigned to the proper voting precinct; and
211          (B) send the individual the notice described in Section 20A-2-304; or
212          (b) if the individual meets the qualifications to be preregistered to vote, process the
213     form in accordance with the requirements of Section 20A-2-101.1.
214          [(5)] (7) (a) If the county clerk receives a correctly completed voter registration form
215     under this section that is dated after the voter registration deadline, the county clerk shall,
216     unless the individual named in the form is preregistering to vote:
217          (i) register the [applicant] individual after the next election; and
218          (ii) if possible, promptly phone or mail a notice to the [applicant] individual before the
219     election[,] informing the [applicant] individual that [his] the individual's registration will not be
220     effective until after the election.
221          (b) When the county clerk receives a correctly completed voter registration form at
222     least seven days before an election that is dated on or before the voter registration deadline, the
223     county clerk shall, unless the individual named in the form is preregistering to vote:
224          (i) process the voter registration form; and
225          (ii) record the [new voter] individual in the official register.
226          [(6)] (8) (a) If the county clerk determines that [a] an individual's voter registration
227     form received from the Driver License Division is incorrect because of an error [or], because
228     [it] the form is incomplete, or because the individual does not meet the qualifications to be
229     registered to vote, the county clerk shall mail notice to the individual [attempting to register or
230     preregister to vote,] stating that the individual has not been registered or preregistered because
231     of an error [or], because the form is incomplete, or because the individual does not meet the
232     qualifications to be registered or preregistered to vote.
233          (b) If a county clerk believes, based upon a review of a voter registration form, that an
234     individual, who knows that the individual is not legally entitled to register or preregister to
235     vote, may be intentionally seeking to register or preregister to vote, the county clerk may refer
236     the form to the county attorney for investigation and possible prosecution.
237          Section 3. Section 20A-2-304 is amended to read:
238          20A-2-304. County clerk's responsibilities -- Notice of disposition.
239          Each county clerk shall:
240          (1) register to vote each [applicant for registration] individual who meets the
241     requirements for registration and who:
242          (a) submits a completed voter registration form to the county clerk [on or before the
243     voter registration deadline];
244          (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
245     the Driver License Division[,];
246          (c) submits a completed voter registration form to a public assistance agency[,] or a
247     discretionary voter registration agency [on or before the voter registration deadline]; or
248          [(c)] (d) mails a completed by-mail voter registration form to the county clerk [on or
249     before the voter registration deadline]; and
250          (2) within 30 days after the day on which the county clerk processes a voter registration
251     [application] form, send a notice to the individual who submits the [application] form that:
252          (a) (i) informs the individual that the individual's [application for] voter registration
253     form has been accepted and that the individual is registered to vote;
254          (ii) informs the individual of the procedure for designating or changing the individual's
255     political affiliation;
256          (iii) informs the individual of the procedure to cancel a voter registration; and
257          (iv) if the voter registration form was submitted under Subsection (1) after the voter
258     registration deadline and before the election to which the deadline pertains, informs the
259     individual that the individual's voter registration will not be effective until after the election;
260          (b) informs the individual that the individual's [application for] voter registration form
261     has been rejected and the reason for the rejection; or
262          (c) (i) informs the individual that the [application for] individual's voter registration
263     form is being returned to the individual for further action because the [application] form is
264     incomplete; and
265          (ii) gives instructions to the individual on how to properly complete the [application]
266     form.
267          Section 4. Section 20A-2-401 is amended to read:
268          20A-2-401. Fraudulent registration -- Penalty.
269          (1) (a) An individual may not willfully register to vote, or cause, procure, or allow
270     himself or herself to be registered to vote, knowing that the individual is not eligible to register
271     to vote under Section 20A-2-101.
272          (b) A person may not willfully cause, procure, advise, encourage, or assist any
273     individual to be registered to vote, knowing or believing that the individual is not eligible to
274     register to vote under Section 20A-2-101.
275          (2) (a) An individual may not willfully preregister to vote, or allow himself or herself
276     to be preregistered to vote, knowing that the individual is not eligible to preregister to vote
277     under Section 20A-2-101.1.
278          (b) A person may not willfully cause, advise, encourage, or assist an individual to
279     preregister to vote, knowing or believing that the individual is not eligible to preregister to vote
280     under Section 20A-2-101.1.
281          (3) A person is not guilty of violating this section if:
282          (a) the individual who is ineligible to vote becomes registered to vote under Section
283     20A-2-204; and
284          (b) the person did not:
285          (i) provide false information; or
286          (ii) take other action intended to cause the registration of an individual who is
287     ineligible to vote.
288          [(3)] (4) A person who violates this section is guilty of a class A misdemeanor.
289          Section 5. Section 63G-2-302 is amended to read:
290          63G-2-302. Private records.
291          (1) The following records are private:
292          (a) records concerning an individual's eligibility for unemployment insurance benefits,
293     social services, welfare benefits, or the determination of benefit levels;
294          (b) records containing data on individuals describing medical history, diagnosis,
295     condition, treatment, evaluation, or similar medical data;
296          (c) records of publicly funded libraries that when examined alone or with other records
297     identify a patron;
298          (d) records received by or generated by or for:
299          (i) the Independent Legislative Ethics Commission, except for:
300          (A) the commission's summary data report that is required under legislative rule; and
301          (B) any other document that is classified as public under legislative rule; or
302          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
303     unless the record is classified as public under legislative rule;
304          (e) records received by, or generated by or for, the Independent Executive Branch
305     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
306     of Executive Branch Ethics Complaints;
307          (f) records received or generated for a Senate confirmation committee concerning
308     character, professional competence, or physical or mental health of an individual:
309          (i) if, prior to the meeting, the chair of the committee determines release of the records:
310          (A) reasonably could be expected to interfere with the investigation undertaken by the
311     committee; or
312          (B) would create a danger of depriving a person of a right to a fair proceeding or
313     impartial hearing; and
314          (ii) after the meeting, if the meeting was closed to the public;
315          (g) employment records concerning a current or former employee of, or applicant for
316     employment with, a governmental entity that would disclose that individual's home address,
317     home telephone number, social security number, insurance coverage, marital status, or payroll
318     deductions;
319          (h) records or parts of records under Section 63G-2-303 that a current or former
320     employee identifies as private according to the requirements of that section;
321          (i) that part of a record indicating a person's social security number or federal employer
322     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
323     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
324          (j) that part of a voter registration record identifying a voter's:
325          (i) driver license or identification card number;
326          (ii) Social Security number, or last four digits of the Social Security number;
327          (iii) email address; or
328          (iv) date of birth;
329          (k) a voter registration record that is classified as a private record by the lieutenant
330     governor or a county clerk under Subsection 20A-2-104(4)(f) [or], 20A-2-101.1(5)(a), or
331     20A-2-204(4)(b);
332          (l) a record that:
333          (i) contains information about an individual;
334          (ii) is voluntarily provided by the individual; and
335          (iii) goes into an electronic database that:
336          (A) is designated by and administered under the authority of the Chief Information
337     Officer; and
338          (B) acts as a repository of information about the individual that can be electronically
339     retrieved and used to facilitate the individual's online interaction with a state agency;
340          (m) information provided to the Commissioner of Insurance under:
341          (i) Subsection 31A-23a-115(3)(a);
342          (ii) Subsection 31A-23a-302(4); or
343          (iii) Subsection 31A-26-210(4);
344          (n) information obtained through a criminal background check under Title 11, Chapter
345     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
346          (o) information provided by an offender that is:
347          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
348     Offender Registry or Title 77, Chapter 43, Child Abuse Registry; and
349          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
350     77-43-108(4);
351          (p) a statement and any supporting documentation filed with the attorney general in
352     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
353     homeland security;
354          (q) electronic toll collection customer account information received or collected under
355     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
356     collected by a public transit district, including contact and payment information and customer
357     travel data;
358          (r) an email address provided by a military or overseas voter under Section
359     20A-16-501;
360          (s) a completed military-overseas ballot that is electronically transmitted under Title
361     20A, Chapter 16, Uniform Military and Overseas Voters Act;
362          (t) records received by or generated by or for the Political Subdivisions Ethics Review
363     Commission established in Section 11-49-201, except for:
364          (i) the commission's summary data report that is required in Section 11-49-202; and
365          (ii) any other document that is classified as public in accordance with Title 11, Chapter
366     49, Political Subdivisions Ethics Review Commission;
367          (u) a record described in Subsection 53A-11a-203(3) that verifies that a parent was
368     notified of an incident or threat; and
369          (v) a criminal background check or credit history report conducted in accordance with
370     Section 63A-3-201.
371          (2) The following records are private if properly classified by a governmental entity:
372          (a) records concerning a current or former employee of, or applicant for employment
373     with a governmental entity, including performance evaluations and personal status information
374     such as race, religion, or disabilities, but not including records that are public under Subsection
375     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
376          (b) records describing an individual's finances, except that the following are public:
377          (i) records described in Subsection 63G-2-301(2);
378          (ii) information provided to the governmental entity for the purpose of complying with
379     a financial assurance requirement; or
380          (iii) records that must be disclosed in accordance with another statute;
381          (c) records of independent state agencies if the disclosure of those records would
382     conflict with the fiduciary obligations of the agency;
383          (d) other records containing data on individuals the disclosure of which constitutes a
384     clearly unwarranted invasion of personal privacy;
385          (e) records provided by the United States or by a government entity outside the state
386     that are given with the requirement that the records be managed as private records, if the
387     providing entity states in writing that the record would not be subject to public disclosure if
388     retained by it;
389          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
390     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
391     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
392          (g) audio and video recordings created by a body-worn camera, as defined in Section
393     77-7a-103, that record sound or images inside a home or residence except for recordings that:
394          (i) depict the commission of an alleged crime;
395          (ii) record any encounter between a law enforcement officer and a person that results in
396     death or bodily injury, or includes an instance when an officer fires a weapon;
397          (iii) record any encounter that is the subject of a complaint or a legal proceeding
398     against a law enforcement officer or law enforcement agency;
399          (iv) contain an officer involved critical incident as defined in Section 76-2-408(1)(d);
400     or
401          (v) have been requested for reclassification as a public record by a subject or
402     authorized agent of a subject featured in the recording.
403          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
404     records, statements, history, diagnosis, condition, treatment, and evaluation.
405          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
406     doctors, or affiliated entities are not private records or controlled records under Section
407     63G-2-304 when the records are sought:
408          (i) in connection with any legal or administrative proceeding in which the patient's
409     physical, mental, or emotional condition is an element of any claim or defense; or
410          (ii) after a patient's death, in any legal or administrative proceeding in which any party
411     relies upon the condition as an element of the claim or defense.
412          (c) Medical records are subject to production in a legal or administrative proceeding
413     according to state or federal statutes or rules of procedure and evidence as if the medical
414     records were in the possession of a nongovernmental medical care provider.