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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to municipal office and elections administered by
10 an election officer other than a county clerk.
11 Highlighted Provisions:
12 This bill:
13 ▸ subject to the same exceptions to requirements to reside in a municipality, requires
14 that an elected officer of a municipality reside in the district that the elected officer
15 represents;
16 ▸ provides that a municipal elected officer who fails to comply with district residency
17 requirements described in this bill has vacated the elected office;
18 ▸ requires that an individual who fills a vacancy must comply with the district
19 residency requirements described in this bill; and
20 ▸ provides that early voting registration or same day voting registration is not
21 permitted for an election administered by an election officer other than a county
22 clerk if there is not a polling location for early voting or voting on election day.
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 10-3-301, as last amended by Laws of Utah 2019, Chapters 258 and 305
30 20A-2-201, as last amended by Laws of Utah 2018, Chapters 206 and 281
31 20A-2-204, as last amended by Laws of Utah 2019, Chapters 136 and 255
32 20A-2-206, as last amended by Laws of Utah 2018, Chapter 206
33 20A-2-207, as enacted by Laws of Utah 2018, Chapter 206
34 20A-3-601, as last amended by Laws of Utah 2018, Chapters 195, 206, and 281
35 Utah Code Sections Affected by Coordination Clause:
36 20A-2-201, as last amended by Laws of Utah 2018, Chapters 206 and 281
37 20A-2-204, as last amended by Laws of Utah 2019, Chapters 136 and 255
38 20A-2-205, as last amended by Laws of Utah 2019, Chapter 255
39 20A-2-206, as last amended by Laws of Utah 2018, Chapter 206
40
41 Be it enacted by the Legislature of the state of Utah:
42 Section 1. Section 10-3-301 is amended to read:
43 10-3-301. Notice -- Eligibility and residency requirements for elected municipal
44 office -- Mayor and recorder limitations.
45 (1) As used in this section:
46 (a) "Absent" means that an elected municipal officer fails to perform official duties,
47 including the officer's failure to attend each regularly scheduled meeting that the officer is
48 required to attend.
49 (b) "Principal place of residence" means the same as that term is defined in Section
50 20A-2-105.
51 (c) "Secondary residence" means a place where an individual resides other than the
52 individual's principal place of residence.
53 (2) (a) On or before May 1 in a year in which there is a municipal general election, the
54 municipal clerk shall publish a notice that identifies:
55 (i) the municipal offices to be voted on in the municipal general election; and
56 (ii) the dates for filing a declaration of candidacy for the offices identified under
57 Subsection (2)(a)(i).
58 (b) The municipal clerk shall publish the notice described in Subsection (2)(a):
59 (i) on the Utah Public Notice Website established by Section 63F-1-701; and
60 (ii) in at least one of the following ways:
61 (A) at the principal office of the municipality;
62 (B) in a newspaper of general circulation within the municipality at least once a week
63 for two successive weeks in accordance with Section 45-1-101;
64 (C) in a newsletter produced by the municipality;
65 (D) on a website operated by the municipality; or
66 (E) with a utility enterprise fund customer's bill.
67 (3) (a) An individual who files a declaration of candidacy for a municipal office shall
68 comply with the requirements described in Section 20A-9-203.
69 (b) (i) Except as provided in Subsection (3)(b)(ii), the city recorder or town clerk of
70 each municipality shall maintain office hours 8 a.m. to 5 p.m. on the dates described in
71 Subsections 20A-9-203(3)(a)(i) and (c)(i) unless the date occurs on a:
72 (A) Saturday or Sunday; or
73 (B) state holiday as listed in Section 63G-1-301.
74 (ii) If on a regular basis a city recorder or town clerk maintains an office schedule that
75 is less than 40 hours per week, the city recorder or town clerk may comply with Subsection
76 (3)(b)(i) without maintaining office hours by:
77 (A) posting the recorder's or clerk's contact information, including a phone number and
78 email address, on the recorder's or clerk's office door, the main door to the municipal offices,
79 and, if available, on the municipal website; and
80 (B) being available from 8 a.m. to 5 p.m. on the dates described in Subsection (3)(b)(i),
81 via the contact information described in Subsection [
82 (4) An individual elected to municipal office shall be a registered voter in the
83 municipality in which the individual is elected.
84 (5) (a) Each elected officer of a municipality shall maintain a principal place of
85 residence within the municipality, and within the district that the elected officer represents,
86 during the officer's term of office.
87 (b) Except as provided in Subsection (6), an elected municipal office is automatically
88 vacant if the officer elected to the municipal office, during the officer's term of office:
89 (i) establishes a principal place of residence outside the [
90 elected officer represents;
91 (ii) resides at a secondary residence outside the [
92 officer represents for a continuous period of more than 60 days while still maintaining a
93 principal place of residence within the [
94 (iii) is absent from the [
95 continuous period of more than 60 days; or
96 (iv) fails to respond to a request, within 30 days after the day on which the elected
97 officer receives the request, from the county clerk or the lieutenant governor seeking
98 information to determine the officer's residency.
99 (6) (a) Notwithstanding Subsection (5), if an elected municipal officer obtains the
100 consent of the municipal legislative body in accordance with Subsection (6)(b) before the
101 expiration of the 60-day period described in Subsection (5)(b)(ii) or (iii), the officer may:
102 (i) reside at a secondary residence outside the [
103 officer represents while still maintaining a principal place of residence within the
104 [
105 office; or
106 (ii) be absent from the [
107 continuous period of up to one year during the officer's term of office.
108 (b) At a public meeting, the municipal legislative body may give the consent described
109 in Subsection (6)(a) by majority vote after taking public comment regarding:
110 (i) whether the legislative body should give the consent; and
111 (ii) the length of time to which the legislative body should consent.
112 (7) (a) The mayor of a municipality may not also serve as the municipal recorder or
113 treasurer.
114 (b) The recorder of a municipality may not also serve as the municipal treasurer.
115 (c) An individual who holds a county elected office may not, at the same time, hold a
116 municipal elected office.
117 (d) The restriction described in Subsection (7)(c) applies regardless of whether the
118 individual is elected to the office or appointed to fill a vacancy in the office.
119 Section 2. Section 20A-2-201 is amended to read:
120 20A-2-201. Registering to vote at office of county clerk.
121 (1) Except as provided in Subsection (3), the county clerk shall register to vote each
122 individual who registers in person at the county clerk's office during designated office hours if
123 the individual will, on the date of the election, be legally eligible to vote in a voting precinct in
124 the county in accordance with Section 20A-2-101.
125 (2) If an individual who is registering to vote submits a registration form in person at
126 the office of the county clerk during designated office hours, during the period beginning on
127 the date after the voter registration deadline and ending on the date that is 15 calendar days
128 before the date of the election, the county clerk shall:
129 (a) accept the form if the individual, on the date of the election, will be legally
130 qualified and entitled to vote in a voting precinct in the county; and
131 (b) inform the individual that the individual will be registered to vote in the pending
132 election.
133 (3) If an individual who is registering to vote and who will be legally qualified and
134 entitled to vote in a voting precinct in the county on the date of an election appears in person,
135 during designated office hours, and submits a registration form on the date of the election or
136 during the 14 calendar days before an election, the county clerk shall:
137 (a) accept the registration form; and
138 (b) except as provided in Subsection 20A-2-207(6):
139 (i) if the individual submits the registration form seven or more calendar days before
140 the date of an election, inform the individual that:
141 (A) the individual is registered to vote in the pending election; and
142 (B) for the pending election, the individual must vote on the day of the election or by
143 provisional ballot, under Section 20A-2-207, during the early voting period described in
144 Section 20A-3-601, because the individual registered late; or
145 (ii) if the individual submits the registration form on the date of an election or during
146 the six calendar days before an election, inform the individual:
147 (A) of each manner still available to the individual to timely register to vote in the
148 current election; and
149 (B) that, if the individual does not timely register in a manner described in Subsection
150 (3)(b)(ii)(A), the individual will be registered to vote but may not vote in the pending election
151 because the individual registered late.
152 Section 3. Section 20A-2-204 is amended to read:
153 20A-2-204. Registering to vote when applying for or renewing a driver license.
154 (1) As used in this section, "voter registration form" means, when an individual named
155 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
156 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
157 voter registration purposes.
158 (2) A citizen who is qualified to vote may register to vote, and a citizen who is
159 qualified to preregister to vote may preregister to vote, by answering "yes" to the question
160 described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
161 (3) The Driver License Division shall:
162 (a) assist an individual in completing the voter registration form unless the individual
163 refuses assistance;
164 (b) electronically transmit each address change to the lieutenant governor within five
165 days after the day on which the division receives the address change; and
166 (c) within five days after the day on which the division receives a voter registration
167 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
168 following for the individual named on the form:
169 (i) the name, date of birth, driver license or state identification card number, last four
170 digits of the social security number, Utah residential address, place of birth, and signature;
171 (ii) a mailing address, if different from the individual's Utah residential address;
172 (iii) an email address and phone number, if available;
173 (iv) the desired political affiliation, if indicated; and
174 (v) an indication of whether the individual requested that the individual's voter
175 registration record be classified as a private record under Subsection 20A-2-108(2)(c).
176 (4) Upon receipt of an individual's voter registration form from the Driver License
177 Division under Subsection (3), the lieutenant governor shall:
178 (a) enter the information into the statewide voter registration database; and
179 (b) if the individual requests on the individual's voter registration form that the
180 individual's voter registration record be classified as a private record, classify the individual's
181 voter registration record as a private record.
182 (5) The county clerk of an individual whose information is entered into the statewide
183 voter registration database under Subsection (4) shall:
184 (a) ensure that the individual meets the qualifications to be registered or preregistered
185 to vote; and
186 (b) (i) if the individual meets the qualifications to be registered to vote:
187 (A) ensure that the individual is assigned to the proper voting precinct; and
188 (B) send the individual the notice described in Section 20A-2-304; or
189 (ii) if the individual meets the qualifications to be preregistered to vote, process the
190 form in accordance with the requirements of Section 20A-2-101.1.
191 (6) (a) When the county clerk receives a correctly completed voter registration form
192 under this section, the clerk shall:
193 (i) comply with the applicable provisions of this Subsection (6); or
194 (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
195 (b) If the county clerk receives a correctly completed voter registration form under this
196 section during the period beginning on the date after the voter registration deadline and ending
197 at 5 p.m. on the date that is 15 calendar days before the date of an election, the county clerk
198 shall:
199 (i) accept the voter registration form; and
200 (ii) unless the individual is preregistering to vote, inform the individual that the
201 individual is registered to vote in the pending election.
202 (c) If the county clerk receives a correctly completed voter registration form under this
203 section during the period beginning on the date that is 14 calendar days before the election and
204 ending at 5 p.m. on the date that is seven calendar days before the election, the county clerk
205 shall:
206 (i) accept the voter registration form; and
207 (ii) except as provided in Subsection 20A-2-207(6), and unless the individual is
208 preregistering to vote, inform the individual that:
209 (A) the individual is registered to vote in the pending election; and
210 (B) for the pending election, the individual must vote on the day of the election or by
211 provisional ballot, under Section 20A-2-207, during the early voting period described in
212 Section 20A-3-601 because the individual registered late.
213 (d) If the county clerk receives a correctly completed voter registration form under this
214 section during the six calendar days before an election, the county clerk shall:
215 (i) accept the application for registration of the individual; and
216 (ii) unless the individual is preregistering to vote, inform the individual:
217 (A) of each manner still available to the individual to timely register to vote in the
218 current election; and
219 (B) that, if the individual does not timely register in a manner described in Subsection
220 (6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
221 because the individual registered late.
222 (7) (a) If the county clerk determines that an individual's voter registration form
223 received from the Driver License Division is incorrect because of an error, because the form is
224 incomplete, or because the individual does not meet the qualifications to be registered to vote,
225 the county clerk shall mail notice to the individual stating that the individual has not been
226 registered or preregistered because of an error, because the form is incomplete, or because the
227 individual does not meet the qualifications to be registered to vote.
228 (b) If a county clerk believes, based upon a review of a voter registration form, that an
229 individual, who knows that the individual is not legally entitled to register or preregister to
230 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
231 the form to the county attorney for investigation and possible prosecution.
232 Section 4. Section 20A-2-206 is amended to read:
233 20A-2-206. Electronic registration -- Requests for absentee ballot application.
234 (1) The lieutenant governor may create and maintain an electronic system that is
235 publicly available on the Internet for an individual to apply for voter registration or
236 preregistration and for an individual to request an absentee ballot.
237 (2) An electronic system for voter registration or preregistration shall require:
238 (a) that an applicant have a valid driver license or identification card, issued under Title
239 53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
240 of residence;
241 (b) that the applicant provide the information required by Section 20A-2-104, except
242 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
243 and (4);
244 (c) that the applicant attest to the truth of the information provided; and
245 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
246 applicant's:
247 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
248 Uniform Driver License Act, for voter registration purposes; or
249 (ii) signature on file in the lieutenant governor's statewide voter registration database
250 developed under Section 20A-2-109.
251 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
252 voter registration or preregistration created under this section is not required to complete a
253 printed registration form.
254 (4) A system created and maintained under this section shall provide the notices
255 concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
256 (5) The lieutenant governor shall:
257 (a) obtain a digital copy of the applicant's driver license or identification card signature
258 from the Driver License Division; or
259 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
260 statewide voter registration database developed under Section 20A-2-109.
261 (6) The lieutenant governor shall send the information to the county clerk for the
262 county in which the applicant's principal place of residence is found for further action as
263 required by Section 20A-2-304 after:
264 (a) receiving all information from an applicant; and
265 (b) (i) receiving all information from the Driver License Division; or
266 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
267 statewide voter registration database developed under Section 20A-2-109.
268 (7) The lieutenant governor may use additional security measures to ensure the
269 accuracy and integrity of an electronically submitted voter registration.
270 (8) If an individual applies to register under this section during the period beginning on
271 the date after the voter registration deadline and ending on the date that is 15 calendar days
272 before the date of an election, the county clerk shall, unless the individual is preregistering to
273 vote:
274 (a) accept the application for registration if the individual, on the date of the election,
275 will be legally qualified and entitled to vote in a voting precinct in the state; and
276 (b) inform the individual that the individual is registered to vote in the pending
277 election.
278 (9) If an individual applies to register under this section during the period beginning on
279 the date that is 14 calendar days before the election and ending on the date that is seven
280 calendar days before the election, the county clerk shall, unless the individual is preregistering
281 to vote:
282 (a) accept the application for registration if the individual, on the date of the election,
283 will be legally qualified and entitled to vote in a voting precinct in the state; and
284 (b) except as provided in Subsection 20A-2-207(6), inform the individual that:
285 (i) the individual is registered to vote in the pending election; and
286 (ii) for the pending election, the individual must vote on the day of the election or by
287 provisional ballot, under Section 20A-2-207, during the early voting period described in
288 Section 20A-3-601 because the individual registered late.
289 (10) If an individual applies to register under this section during the six calendar days
290 before an election, the county clerk shall:
291 (a) if the individual is preregistering to vote, comply with Section 20A-2-101.1; or
292 (b) (i) accept the application for registration if the individual, on the date of the
293 election, will be legally qualified and entitled to vote in a voting precinct in the state; and
294 (ii) unless the individual timely registers to vote in the current election in a manner that
295 permits registration after the voter registration deadline, inform the individual:
296 (A) of each manner still available to the individual to timely register to vote in the
297 current election; and
298 (B) that, if the individual does not timely register in a manner described in Subsection
299 (10)(b)(ii)(A), the individual is registered to vote but may not vote in the pending election
300 because the individual registered late.
301 (11) (a) A registered voter may file an application for an absentee ballot in accordance
302 with Section 20A-3-304 on the electronic system for voter registration established under this
303 section.
304 (b) The lieutenant governor shall provide a means by which a registered voter shall
305 sign the application form as provided in Section 20A-3-304.
306 Section 5. Section 20A-2-207 is amended to read:
307 20A-2-207. Registration by provisional ballot.
308 (1) [
309 vote may register to vote, and vote, on election day or during the early voting period described
310 in Section 20A-3-601, by voting a provisional ballot, if:
311 (a) the individual is otherwise legally entitled to vote the ballot;
312 (b) the ballot is identical to the ballot for the precinct in which the individual resides;
313 (c) the information on the provisional ballot form is complete; and
314 (d) the individual provides valid voter identification and proof of residence to the poll
315 worker.
316 (2) If a provisional ballot and the individual who voted the ballot comply with the
317 requirements described in Subsection (1), the election officer shall:
318 (a) consider the provisional ballot a voter registration form;
319 (b) place the ballot with the absentee ballots, to be counted with those ballots at the
320 canvass; and
321 (c) as soon as reasonably possible, register the individual to vote.
322 (3) Except as provided in Subsection (4), the election officer shall retain a provisional
323 ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer
324 determines that the individual who voted the ballot:
325 (a) is not registered to vote and is not eligible for registration under this section; or
326 (b) is not legally entitled to vote the ballot that the individual voted.
327 (4) Subsection (3) does not apply if a court orders the election officer to produce or
328 count the provisional ballot.
329 (5) The lieutenant governor shall report to the Government Operations Interim
330 Committee on or before October 31, 2018, and on or before October 31, 2020, regarding:
331 (a) implementation of registration by provisional ballot, as described in this section, on
332 a statewide basis;
333 (b) any difficulties resulting from the implementation described in Subsection (5)(a);
334 (c) the effect of registration by provisional ballot on voter participation in Utah;
335 (d) the number of ballots cast by voters who registered by provisional ballot:
336 (i) during the early voting period described in Section 20A-3-601; and
337 (ii) on election day; and
338 (e) suggested changes in the law relating to registration by provisional ballot.
339 (6) For an election administered by an election officer other than a county clerk:
340 (a) if the election officer does not operate a polling location to allow early voting, the
341 individual may not register to vote, under this section, during an early voting period; and
342 (b) if the election officer does not operate a polling location on election day, the
343 individual may not register to vote, under this section, on election day.
344 Section 6. Section 20A-3-601 is amended to read:
345 20A-3-601. Early voting.
346 (1) (a) An individual who is registered to vote may vote before the election date in
347 accordance with this section.
348 (b) [
349 registered to vote may register to vote and vote before the election date in accordance with this
350 section if the individual:
351 (i) is otherwise legally entitled to vote the ballot; and
352 (ii) casts a provisional ballot in accordance with Section 20A-2-207.
353 (2) Except as provided in Section 20A-1-308 or Subsection (3), the early voting period
354 shall:
355 (a) begin on the date that is 14 days before the date of the election; and
356 (b) continue through the Friday before the election if the election date is a Tuesday.
357 (3) (a) An election officer may extend the end of the early voting period to the day
358 before the election date if the election officer provides notice of the extension in accordance
359 with Section 20A-3-604.
360 (b) For a municipal election, the municipal clerk may reduce the early voting period
361 described in this section if:
362 (i) the municipal clerk conducts early voting on at least four days;
363 (ii) the early voting days are within the period beginning on the date that is 14 days
364 before the date of the election and ending on the day before the election; and
365 (iii) the municipal clerk provides notice of the reduced early voting period in
366 accordance with Section 20A-3-604.
367 (c) For a county election that is conducted entirely by mail, the county clerk may
368 reduce the early voting period described in this section if:
369 (i) the county clerk conducts early voting on at least four days;
370 (ii) the early voting days are within the period beginning on the date that is 14 days
371 before the date of the election and ending on the day before the election; and
372 (iii) the county clerk provides notice of the reduced early voting period in accordance
373 with Section 20A-3-604.
374 (4) Except as provided in Section 20A-1-308, during the early voting period, the
375 election officer:
376 (a) for a local special election, a municipal primary election, and a municipal general
377 election:
378 (i) shall conduct early voting on a minimum of four days during each week of the early
379 voting period; and
380 (ii) shall conduct early voting on the last day of the early voting period; and
381 (b) for all other elections:
382 (i) shall conduct early voting on each weekday; and
383 (ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
384 (5) Except as specifically provided in this Part 6, Early Voting, or Section 20A-1-308,
385 early voting shall be administered according to the requirements of this title.
386 Section 7. Coordinating H.B. 221 with H.B. 36 -- Substantive and technical
387 changes.
388 If this H.B. 221 and H.B. 36, Election Amendments, both pass and become law, it is the
389 intent of the Legislature that the Office of Legislative Research and General Counsel shall
390 prepare the Utah Code database for publication as follows:
391 (1) by not making the changes to Section 20A-2-201 in this H.B. 221;
392 (2) amend Subsection 20A-2-201(3) in H.B. 36 by inserting ", except as provided in
393 Subsection 20A-2-207(6)," before the word "inform";
394 (3) by not making the changes to Section 20A-2-204 in this H.B. 221;
395 (4) amend Subsection 20A-2-204(6)(c)(iii) in H.B. 36 by inserting "and except as
396 provided in Subsection 20A-2-207(6)," before the word "inform";
397 (5) amend Subsection 20A-2-205(7)(b) in H.B. 36 by inserting "except as provided in
398 Subsection 20A-2-207(6)," before the words "if possible";
399 (6) by not making the changes to Section 20A-2-206 in this H.B. 221; and
400 (7) amend Subsection 20A-2-206(9)(b) in H.B. 36 by inserting "except as provided in
401 Subsection 20A-2-207(6)," before the words "if possible".