1     
ELECTION PRECINCTS AMENDMENTS

2     
2019 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel McCay

5     
House Sponsor: ____________

6     

7     LONG TITLE
8     General Description:
9          This bill modifies requirements for precincts.
10     Highlighted Provisions:
11          This bill:
12          ▸     limits the variation of active voters per precinct; and
13          ▸     makes technical and conforming changes.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          None
18     Utah Code Sections Affected:
19     AMENDS:
20          20A-5-303, as last amended by Laws of Utah 2011, Chapter 335
21          20A-5-804, as enacted by Laws of Utah 2017, Chapter 32
22     

23     Be it enacted by the Legislature of the state of Utah:
24          Section 1. Section 20A-5-303 is amended to read:
25          20A-5-303. Establishing, dividing, abolishing, and changing voting precincts --
26     Common polling places -- Combined voting precincts.
27          (1) As used in this section:
28          (a) "Absolute deviation" means the difference between the number of active voters in a
29     precinct in the county and the ideal number of active voters for a precinct in the county.
30          (b) "Ideal number of active voters" means the number of active voters in a county
31     divided by the number of precincts in the county.
32          (c) "Relative deviation" means the absolute deviation of a precinct in the county
33     divided by the ideal number of active voters for a precinct in the county.
34          [(1)] (2) (a) After receiving recommendations from the county clerk, the county
35     legislative body may establish, divide, abolish, and change voting precincts.
36          (b) Within 30 days after the establishment, division, abolition, or change of a voting
37     precinct under this section, the county legislative body shall file with the Automated
38     Geographic Reference Center, created under Section 63F-1-506, a notice describing the action
39     taken and specifying the resulting boundaries of each voting precinct affected by the action.
40          [(2)] (3) (a) The county legislative body shall alter or divide voting precincts so that
41     each voting precinct:
42          (i) contains [not] no more than 1,250 active voters[.]; and
43          (ii) has a relative deviation of no greater than 25%.
44          (b) The county legislative body shall:
45          (i) identify [those precincts that may reach the limit of active voters in a precinct under]
46     each precinct that does not comply with Subsection [(2)] (3)(a) or that becomes too large to
47     facilitate the election process; and
48          (ii) except as provided by Subsection [(3), divide those precincts] (4), on or before
49     January 1 of a general election year, reapportion precincts so that each precinct in the county
50     complies with Subsection (3)(a).
51          [(3)] (4) A county legislative body shall [divide a precinct identified under Subsection
52     (2)(b)(i)], on or before January 31 of a regular general election year that immediately follows
53     the calendar year in which the Legislature divides the state into districts in accordance with
54     Utah Constitution, Article IX, Section 1, reapportion the precincts in the county, if necessary,
55     to comply with Subsection (3)(a).
56          [(4)] (5) Notwithstanding Subsection [(2)] (3)(a) and except as provided by Subsection
57     [(5)] (6), the county legislative body may not:
58          (a) establish or abolish any voting precinct after January 1 of a regular general election
59     year;
60          (b) alter or change the boundaries of any voting precinct after January 1 of a regular
61     general election year; or
62          (c) establish, divide, abolish, alter, or change a voting precinct between January 1 of a
63     year immediately preceding the year in which an enumeration is required by the United States
64     Constitution and the day on which the Legislature divides the state into districts in accordance
65     with Utah Constitution, Article IX, Section 1.
66          [(5)] (6) A county legislative body may establish, divide, abolish, alter, or change a
67     voting precinct on or before January 31 of a regular general election year that immediately
68     follows the calendar year in which the Legislature divides the state into districts in accordance
69     with Utah Constitution, Article IX, Section 1.
70          [(6)] (7) (a) For the purpose of voting in an election, the county legislative body may
71     establish a common polling place for two or more whole voting precincts.
72          (b) At least 90 days before the election, the county legislative body shall designate:
73          (i) the voting precincts that will vote at the common polling place; and
74          (ii) the location of the common polling place.
75          (c) A county may use one set of election judges for the common polling place under
76     this Subsection [(6)] (7).
77          [(7)] (8) Each county shall have at least two polling places open for voting on the date
78     of the election.
79          [(8)] (9) Each common polling place shall have at least one voting device that is
80     accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
81     America Vote Act of 2002.
82          Section 2. Section 20A-5-804 is amended to read:
83          20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
84     Matching funds -- Acceptable uses.
85          (1) As used in this section:
86          (a) "Program" means the Voting Equipment Grant Program created in this section.
87          (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
88          (i) the total amount of funds appropriated by the Legislature to the program; and
89          (ii) the quotient of:
90          (A) the total number of active voters in a county; and
91          (B) the total number of registered voters in the state.
92          (2) (a) There is created the Voting Equipment Grant Program as a grant program to
93     assist counties in purchasing new voting equipment systems.
94          (b) The lieutenant governor shall administer the program using funds appropriated by
95     the Legislature for the purpose of administering the program.
96          (3) (a) [After January 1, 2018, a] A county may submit a proposal to the Office of the
97     Lieutenant Governor to participate in and receive funds from the program.
98          (b) A proposal described in Subsection (3)(a) shall:
99          (i) describe the current condition of the voting equipment used by the county;
100          (ii) describe the county's need for a new voting equipment system;
101          (iii) describe how the county plans to comply with the requirements described in
102     Subsection (4), including:
103          (A) a description of how the county plans to provide the matching funds described in
104     Subsection (4)(b) if the proposal is accepted; and
105          (B) a schedule by which the requirements will be met; and
106          (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
107     system.
108          (4) A county that receives funds through a program grant:
109          (a) shall use the funds to purchase a new voting equipment system that:
110          (i) meets the requirements of Section 20A-5-802;
111          (ii) creates a secure and auditable paper record of each vote; and
112          (iii) complies with any additional binding requirement made under Subsection
113     20A-5-803(8) by the Voting Equipment Selection Committee;
114          (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
115     matching funds equal to or greater than the difference of:
116          (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
117     governor accepts under Subsection (6)(b); and
118          (ii) the amount the lieutenant governor is required to disburse to the county under
119     Subsection (7)(a);
120          (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
121     Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
122          (d) except as provided in Subsection (5), may not, after using a new voting equipment
123     system in an election that was purchased under this section, use voting equipment that does not
124     meet the requirements described in Subsection (4)(a); and
125          (e) shall purchase a new voting equipment system described under Subsection (4)(a)
126     that provides the best value to the county with consideration for the new voting equipment
127     system's:
128          (i) cost of maintenance;
129          (ii) estimated operational lifetime; and
130          (iii) cost of replacement.
131          (5) A county that receives funds through the program may use voting equipment that
132     does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
133          (a) to the extent that using the voting equipment is necessary to accommodate a person
134     with a disability in accordance with the requirements described in Subsection 20A-3-302(6)(b),
135     20A-3-603(1)(c), 20A-5-303[(8)] (9), or 20A-5-403(2)(b)(iii); or
136          (b) if the county purchased the voting equipment before receiving grant funds under
137     Subsection (7)(a).
138          (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
139     shall:
140          (a) review the proposal to ensure that:
141          (i) the proposal complies with the requirements described in Subsection (3); and
142          (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
143          (b) (i) if the proposal complies with the requirements described in Subsection (3), the
144     cost estimate appears to be reasonably accurate, and sufficient program funds are available:
145          (A) accept the proposal;
146          (B) notify the county clerk of the county that submitted the proposal that the proposal
147     is accepted;
148          (C) notify the county clerk of the requirements described in Subsection (7); and
149          (D) disburse the funds described in Subsection (7)(a), in accordance with the
150     requirements described in Subsection (7)(b), to the county that submitted the proposal; or
151          (ii) if the proposal does not comply with the requirements described in Subsection (3),
152     the cost estimate does not appear to be reasonable, or sufficient program funds are not
153     available:
154          (A) reject the proposal; and
155          (B) notify the county clerk of the county that submitted the proposal that the proposal
156     is rejected, indicating the reason that the proposal is rejected.
157          (7) The lieutenant governor:
158          (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
159          (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
160     lieutenant governor accepts under Subsection (6)(b); or
161          (ii) the proportional reimbursement rate; and
162          (b) may not disburse funds under Subsection (6)(b)(i)(D):
163          (i) until the county appropriates the matching funds described in Subsection (4)(b); or
164          (ii) if the disbursement would cause the county's total receipt of funds from the
165     program to exceed the proportional reimbursement rate.