This document includes Senate Committee Amendments incorporated into the bill on Tue, Feb 25, 2020 at 9:22 AM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill amends provisions relating to voter registration information.
10 Highlighted Provisions:
11 This bill:
12 ▸ modifies the information certain persons may obtain from a voter registration
13 record;
14 ▸ modifies privacy request provisions relating to voter registration records;
15 ▸ permits a political party or a candidate for public office to obtain certain
16 information from a voter registration record that is classified as private;
17 ▸ establishes a process for a person, under certain circumstances, to prohibit a
18 political party or candidate for public office from obtaining information from the
19 person's voter registration record;
20 ▸ modifies voter registration forms;
21 ▸ makes it a crime to violate certain provisions of this bill with respect to accessing or
22 using voter registration records and provides civil penalties;
23 ▸ grants rulemaking authority to the director of elections in the Office of the
24 Lieutenant Governor;
25 ▸ classifies certain voter registration records, and related records, as private;
26 ▸ grandfathers in the privacy classification of a voter registration record classified as
27 private before the effective date of this bill; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 Ŝ→ [
33 This bill provides revisor instructions.
34 Utah Code Sections Affected:
35 AMENDS:
36 20A-1-102, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
37 20A-2-104, as last amended by Laws of Utah 2018, Chapters 206 and 270
38 20A-2-108, as last amended by Laws of Utah 2018, Chapters 206 and 270
39 20A-2-204, as last amended by Laws of Utah 2019, Chapters 136 and 255
40 20A-2-306, as last amended by Laws of Utah 2019, Chapter 255
41 20A-6-105, as last amended by Laws of Utah 2018, Chapters 206 and 270
42 63G-2-202, as last amended by Laws of Utah 2019, Chapters 254 and 349
43 63G-2-301, as last amended by Laws of Utah 2018, Chapter 415
44 63G-2-302, as last amended by Laws of Utah 2019, Chapter 293
45 Utah Code Sections Affected by Revisor Instructions:
46 20A-2-104, as last amended by Laws of Utah 2018, Chapters 206 and 270
47
48 Be it enacted by the Legislature of the state of Utah:
49 Section 1. Section 20A-1-102 is amended to read:
50 20A-1-102. Definitions.
51 As used in this title:
52 (1) "Active voter" means a registered voter who has not been classified as an inactive
53 voter by the county clerk.
54 (2) "Automatic tabulating equipment" means apparatus that automatically examines
55 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
56 (3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
57 upon which a voter records the voter's votes.
58 (b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
59 envelopes.
60 (4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
61 (a) contain the names of offices and candidates and statements of ballot propositions to
62 be voted on; and
63 (b) are used in conjunction with ballot sheets that do not display that information.
64 (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
65 on the ballot for their approval or rejection including:
66 (a) an opinion question specifically authorized by the Legislature;
67 (b) a constitutional amendment;
68 (c) an initiative;
69 (d) a referendum;
70 (e) a bond proposition;
71 (f) a judicial retention question;
72 (g) an incorporation of a city or town; or
73 (h) any other ballot question specifically authorized by the Legislature.
74 (6) "Ballot sheet":
75 (a) means a ballot that:
76 (i) consists of paper or a card where the voter's votes are marked or recorded; and
77 (ii) can be counted using automatic tabulating equipment; and
78 (b) includes punch card ballots and other ballots that are machine-countable.
79 (7) "Bind," "binding," or "bound" means securing more than one piece of paper
80 together with a staple or stitch in at least three places across the top of the paper in the blank
81 space reserved for securing the paper.
82 (8) "Board of canvassers" means the entities established by Sections 20A-4-301 and
83 20A-4-306 to canvass election returns.
84 (9) "Bond election" means an election held for the purpose of approving or rejecting
85 the proposed issuance of bonds by a government entity.
86 (10) "Book voter registration form" means voter registration forms contained in a
87 bound book that are used by election officers and registration agents to register persons to vote.
88 (11) "Business reply mail envelope" means an envelope that may be mailed free of
89 charge by the sender.
90 (12) "By-mail voter registration form" means a voter registration form designed to be
91 completed by the voter and mailed to the election officer.
92 (13) "Canvass" means the review of election returns and the official declaration of
93 election results by the board of canvassers.
94 (14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
95 the canvass.
96 (15) "Contracting election officer" means an election officer who enters into a contract
97 or interlocal agreement with a provider election officer.
98 (16) "Convention" means the political party convention at which party officers and
99 delegates are selected.
100 (17) "Counting center" means one or more locations selected by the election officer in
101 charge of the election for the automatic counting of ballots.
102 (18) "Counting judge" means a poll worker designated to count the ballots during
103 election day.
104 (19) "Counting room" means a suitable and convenient private place or room,
105 immediately adjoining the place where the election is being held, for use by the poll workers
106 and counting judges to count ballots during election day.
107 (20) "County officers" means those county officers that are required by law to be
108 elected.
109 (21) "Date of the election" or "election day" or "day of the election":
110 (a) means the day that is specified in the calendar year as the day that the election
111 occurs; and
112 (b) does not include:
113 (i) deadlines established for absentee voting; or
114 (ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
115 Voting.
116 (22) "Elected official" means:
117 (a) a person elected to an office under Section 20A-1-303 or Chapter [
118 [
119 (b) a person who is considered to be elected to a municipal office in accordance with
120 Subsection 20A-1-206(1)(c)(ii); or
121 (c) a person who is considered to be elected to a local district office in accordance with
122 Subsection 20A-1-206(3)(c)(ii).
123 (23) "Election" means a regular general election, a municipal general election, a
124 statewide special election, a local special election, a regular primary election, a municipal
125 primary election, and a local district election.
126 (24) "Election Assistance Commission" means the commission established by the Help
127 America Vote Act of 2002, Pub. L. No. 107-252.
128 (25) "Election cycle" means the period beginning on the first day persons are eligible to
129 file declarations of candidacy and ending when the canvass is completed.
130 (26) "Election judge" means a poll worker that is assigned to:
131 (a) preside over other poll workers at a polling place;
132 (b) act as the presiding election judge; or
133 (c) serve as a canvassing judge, counting judge, or receiving judge.
134 (27) "Election officer" means:
135 (a) the lieutenant governor, for all statewide ballots and elections;
136 (b) the county clerk for:
137 (i) a county ballot and election; and
138 (ii) a ballot and election as a provider election officer as provided in Section
139 20A-5-400.1 or 20A-5-400.5;
140 (c) the municipal clerk for:
141 (i) a municipal ballot and election; and
142 (ii) a ballot and election as a provider election officer as provided in Section
143 20A-5-400.1 or 20A-5-400.5;
144 (d) the local district clerk or chief executive officer for:
145 (i) a local district ballot and election; and
146 (ii) a ballot and election as a provider election officer as provided in Section
147 20A-5-400.1 or 20A-5-400.5; or
148 (e) the business administrator or superintendent of a school district for:
149 (i) a school district ballot and election; and
150 (ii) a ballot and election as a provider election officer as provided in Section
151 20A-5-400.1 or 20A-5-400.5.
152 (28) "Election official" means any election officer, election judge, or poll worker.
153 (29) "Election results" means:
154 (a) for an election other than a bond election, the count of votes cast in the election and
155 the election returns requested by the board of canvassers; or
156 (b) for bond elections, the count of those votes cast for and against the bond
157 proposition plus any or all of the election returns that the board of canvassers may request.
158 (30) "Election returns" includes the pollbook, the military and overseas absentee voter
159 registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
160 counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
161 form, and the total votes cast form.
162 (31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
163 device or other voting device that records and stores ballot information by electronic means.
164 (32) "Electronic signature" means an electronic sound, symbol, or process attached to
165 or logically associated with a record and executed or adopted by a person with the intent to sign
166 the record.
167 (33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
168 (b) "Electronic voting device" includes a direct recording electronic voting device.
169 (34) "Inactive voter" means a registered voter who is listed as inactive by a county
170 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
171 (35) "Judicial office" means the office filled by any judicial officer.
172 (36) "Judicial officer" means any justice or judge of a court of record or any county
173 court judge.
174 (37) "Local district" means a local government entity under Title 17B, Limited Purpose
175 Local Government Entities - Local Districts, and includes a special service district under Title
176 17D, Chapter 1, Special Service District Act.
177 (38) "Local district officers" means those local district board members that are required
178 by law to be elected.
179 (39) "Local election" means a regular county election, a regular municipal election, a
180 municipal primary election, a local special election, a local district election, and a bond
181 election.
182 (40) "Local political subdivision" means a county, a municipality, a local district, or a
183 local school district.
184 (41) "Local special election" means a special election called by the governing body of a
185 local political subdivision in which all registered voters of the local political subdivision may
186 vote.
187 (42) "Municipal executive" means:
188 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
189 (b) the mayor in the council-manager form of government defined in Subsection
190 10-3b-103(7); or
191 (c) the chair of a metro township form of government defined in Section 10-3b-102.
192 (43) "Municipal general election" means the election held in municipalities and, as
193 applicable, local districts on the first Tuesday after the first Monday in November of each
194 odd-numbered year for the purposes established in Section 20A-1-202.
195 (44) "Municipal legislative body" means:
196 (a) the council of the city or town in any form of municipal government; or
197 (b) the council of a metro township.
198 (45) "Municipal office" means an elective office in a municipality.
199 (46) "Municipal officers" means those municipal officers that are required by law to be
200 elected.
201 (47) "Municipal primary election" means an election held to nominate candidates for
202 municipal office.
203 (48) "Municipality" means a city, town, or metro township.
204 (49) "Official ballot" means the ballots distributed by the election officer to the poll
205 workers to be given to voters to record their votes.
206 (50) "Official endorsement" means:
207 (a) the information on the ballot that identifies:
208 (i) the ballot as an official ballot;
209 (ii) the date of the election; and
210 (iii) (A) for a ballot prepared by an election officer other than a county clerk, the
211 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
212 (B) for a ballot prepared by a county clerk, the words required by Subsection
213 20A-6-301(1)(b)(iii); and
214 (b) the information on the ballot stub that identifies:
215 (i) the poll worker's initials; and
216 (ii) the ballot number.
217 (51) "Official register" means the official record furnished to election officials by the
218 election officer that contains the information required by Section 20A-5-401.
219 (52) "Paper ballot" means a paper that contains:
220 (a) the names of offices and candidates and statements of ballot propositions to be
221 voted on; and
222 (b) spaces for the voter to record the voter's vote for each office and for or against each
223 ballot proposition.
224 (53) "Political party" means an organization of registered voters that has qualified to
225 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
226 and Procedures.
227 (54) (a) "Poll worker" means a person assigned by an election official to assist with an
228 election, voting, or counting votes.
229 (b) "Poll worker" includes election judges.
230 (c) "Poll worker" does not include a watcher.
231 (55) "Pollbook" means a record of the names of voters in the order that they appear to
232 cast votes.
233 (56) "Polling place" means the building where voting is conducted.
234 (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
235 in which the voter marks the voter's choice.
236 (58) "Presidential Primary Election" means the election established in Chapter 9, Part
237 8, Presidential Primary Election.
238 (59) "Primary convention" means the political party conventions held during the year
239 of the regular general election.
240 (60) "Protective counter" means a separate counter, which cannot be reset, that:
241 (a) is built into a voting machine; and
242 (b) records the total number of movements of the operating lever.
243 (61) "Provider election officer" means an election officer who enters into a contract or
244 interlocal agreement with a contracting election officer to conduct an election for the
245 contracting election officer's local political subdivision in accordance with Section
246 20A-5-400.1.
247 (62) "Provisional ballot" means a ballot voted provisionally by a person:
248 (a) whose name is not listed on the official register at the polling place;
249 (b) whose legal right to vote is challenged as provided in this title; or
250 (c) whose identity was not sufficiently established by a poll worker.
251 (63) "Provisional ballot envelope" means an envelope printed in the form required by
252 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
253 verify a person's legal right to vote.
254 (64) "Public figure" means an individual who, due to the individual being considered
255 for, holding, or having held a position of prominence in a public or private capacity, or due to
256 the individual's celebrity status, has an increased risk to the individual's safety.
257 [
258 performing the duties of the position for which the person was elected.
259 [
260 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
261 after the voter has voted.
262 [
263 voter registration form.
264 [
265 [
266 the first Tuesday after the first Monday in November of each even-numbered year for the
267 purposes established in Section 20A-1-201.
268 [
269 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
270 local school board positions to advance to the regular general election.
271 [
272 Utah.
273 [
274 printed and distributed as provided in Section 20A-5-405.
275 [
276 mark or punch the ballot for one or more candidates who are members of different political
277 parties or who are unaffiliated.
278 [
279 ballot into which the voter places the ballot after the voter has voted it in order to preserve the
280 secrecy of the voter's vote.
281 [
282 20A-1-203.
283 [
284 (a) is spoiled by the voter;
285 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
286 (c) lacks the official endorsement.
287 [
288 or the Legislature in which all registered voters in Utah may vote.
289 [
290 [
291 officer to the poll workers when the official ballots are lost or stolen.
292 [
293 (a) political parties;
294 (b) candidates for an office; or
295 (c) ballot propositions.
296 [
297 counting center.
298 [
299 by statute, whether that absence occurs because of death, disability, disqualification,
300 resignation, or other cause.
301 [
302 (a) a form of identification that bears the name and photograph of the voter which may
303 include:
304 (i) a currently valid Utah driver license;
305 (ii) a currently valid identification card that is issued by:
306 (A) the state; or
307 (B) a branch, department, or agency of the United States;
308 (iii) a currently valid Utah permit to carry a concealed weapon;
309 (iv) a currently valid United States passport; or
310 (v) a currently valid United States military identification card;
311 (b) one of the following identification cards, whether or not the card includes a
312 photograph of the voter:
313 (i) a valid tribal identification card;
314 (ii) a Bureau of Indian Affairs card; or
315 (iii) a tribal treaty card; or
316 (c) two forms of identification not listed under Subsection [
317 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
318 which may include:
319 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
320 election;
321 (ii) a bank or other financial account statement, or a legible copy thereof;
322 (iii) a certified birth certificate;
323 (iv) a valid social security card;
324 (v) a check issued by the state or the federal government or a legible copy thereof;
325 (vi) a paycheck from the voter's employer, or a legible copy thereof;
326 (vii) a currently valid Utah hunting or fishing license;
327 (viii) certified naturalization documentation;
328 (ix) a currently valid license issued by an authorized agency of the United States;
329 (x) a certified copy of court records showing the voter's adoption or name change;
330 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
331 (xii) a currently valid identification card issued by:
332 (A) a local government within the state;
333 (B) an employer for an employee; or
334 (C) a college, university, technical school, or professional school located within the
335 state; or
336 (xiii) a current Utah vehicle registration.
337 [
338 write-in candidate by following the procedures and requirements of this title.
339 [
340 (a) meets the requirements for voting in an election;
341 (b) meets the requirements of election registration;
342 (c) is registered to vote; and
343 (d) is listed in the official register book.
344 [
345 Section 20A-2-102.5.
346 [
347 machines, and ballot box.
348 [
349 (a) the space or compartment within a polling place that is provided for the preparation
350 of ballots, including the voting machine enclosure or curtain; or
351 (b) a voting device that is free standing.
352 [
353 (a) an apparatus in which ballot sheets are used in connection with a punch device for
354 piercing the ballots by the voter;
355 (b) a device for marking the ballots with ink or another substance;
356 (c) an electronic voting device or other device used to make selections and cast a ballot
357 electronically, or any component thereof;
358 (d) an automated voting system under Section 20A-5-302; or
359 (e) any other method for recording votes on ballots so that the ballot may be tabulated
360 by means of automatic tabulating equipment.
361 [
362 recording and tabulating votes cast by voters at an election.
363 [
364 law within which qualified voters vote at one polling place.
365 [
366 described in Section 20A-3-201 to become a watcher for an election.
367 [
368 [
369 the ballot according to the procedures established in this title.
370 Section 2. Section 20A-2-104 is amended to read:
371 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
372 (1) An individual applying for voter registration, or an individual preregistering to
373 vote, shall complete a voter registration form in substantially the following form:
374 -----------------------------------------------------------------------------------------------------------------
375
376 Are you a citizen of the United States of America? Yes No
377 If you checked "no" to the above question, do not complete this form.
378 Will you be 18 years of age on or before election day? Yes No
379 If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
380 vote? Yes No
381 If you checked "no" to both of the prior two questions, do not complete this form.
382 Name of Voter
383 _________________________________________________________________
384 First Middle Last
385 Utah Driver License or Utah Identification Card Number____________________________
386 Date of Birth ______________________________________________________
387 Street Address of Principal Place of Residence
388 ____________________________________________________________________________
389 City County State Zip Code
390 Telephone Number (optional) _________________________
391 Last four digits of Social Security Number ______________________
392 Last former address at which I was registered to vote (if
393 known)__________________________
394 ____________________________________________________________________________
395 City County State Zip Code
396 Political Party
397 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
398 the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
399 ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
400 [
401
402
403 I do swear (or affirm), subject to penalty of law for false statements, that the
404 information contained in this form is true, and that I am a citizen of the United States and a
405 resident of the state of Utah, residing at the above address. Unless I have indicated above that I
406 am preregistering to vote in a later election, I will be at least 18 years of age and will have
407 resided in Utah for 30 days immediately before the next election. I am not a convicted felon
408 currently incarcerated for commission of a felony.
409 Signed and sworn
410 __________________________________________________________
411 Voter's Signature
412 _______________(month/day/year).
413
414 [
415
416
417
418
419 Voter registration records contain some information that is available to the public, such
420 as your name and address, some information that is available only to government entities, and
421 some information that is available only to certain third parties in accordance with the
422 requirements of law.
423 Your driver license number, identification card number, social security number, email
424 address, and full date of birth are available only to government entities. Your year of birth is
425 available to political parties, candidates for public office, and certain third parties, in
426 accordance with the requirements of law.
427 You may request that all information on your voter registration records be withheld
428 from all persons other than government entities, political parties, and candidates for public
429 office by indicating here:
430 _____ Yes, I request that all information on my voter registration records be withheld
431 from all persons other than government entities, political parties, and candidates for public
432 office.
433
434 In addition to the protections provided above, you may request that all information on
435 your voter registration records be withheld from all political parties and candidates for public
436 office by submitting a withholding request form, and any required verification, as described in
437 the following paragraphs.
438 A person may request that all information on the person's voter registration records be
439 withheld from all political parties and candidates for public office by submitting a withholding
440 request form with this registration record, or to the lieutenant governor or a county clerk, if the
441 person is or is likely to be, or resides with a person who is or is likely to be, a victim of
442 domestic violence.
443 A person may request that all information on the person's voter registration records be
444 withheld from all political parties and candidates for public office by submitting a withholding
445 request form and any required verification with this registration form, or to the lieutenant
446 governor or a county clerk, if the person is, or resides with a person who is, a law enforcement
447 officer, a member of the armed forces, a federal, state, or local elected official, a public figure,
448 or protected by a protective order or a protection order.
449
450 Name:
451 Name at birth, if different:
452 Place of birth:
453 Date of birth:
454 Date and place of naturalization (if applicable):
455 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
456 citizen and that to the best of my knowledge and belief the information above is true and
457 correct.
458 ____________________________
459 Signature of Applicant
460 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
461 allowing yourself to be registered or preregistered to vote if you know you are not entitled to
462 register or preregister to vote is up to one year in jail and a fine of up to $2,500.
463 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
464 VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
465 BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
466 PHOTOGRAPH; OR
467 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
468 CURRENT ADDRESS.
469 FOR OFFICIAL USE ONLY
470 Type of I.D. ____________________________
471 Voting Precinct _________________________
472 Voting I.D. Number _____________________
473 ------------------------------------------------------------------------------------------------------------------
474 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
475 of each voter registration form in a permanent countywide alphabetical file, which may be
476 electronic or some other recognized system.
477 (b) The county clerk may transfer a superseded voter registration form to the Division
478 of Archives and Records Service created under Section 63A-12-101.
479 (3) (a) Each county clerk shall retain lists of currently registered voters.
480 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
481 (c) If there are any discrepancies between the two lists, the county clerk's list is the
482 official list.
483 (d) The lieutenant governor and the county clerks may charge the fees established
484 under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
485 the list of registered voters.
486 (4) (a) As used in this Subsection (4), "qualified person" means:
487 (i) a government official or government employee acting in the government official's or
488 government employee's capacity as a government official or a government employee;
489 (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
490 independent contractor of a health care provider;
491 (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
492 independent contractor of an insurance company;
493 (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
494 independent contractor of a financial institution;
495 (v) a political party, or an agent, employee, or independent contractor of a political
496 party; [
497 (vi) a candidate for public office, or an agent, employee, or independent contractor of a
498 candidate for public office; or
499 [
500 who:
501 (A) provides the [
502 list of registered voters only to a person who is a qualified person;
503 (B) verifies that a person, described in Subsection (4)(a)[
504 [
505 qualified person;
506 (C) ensures, using industry standard security measures, that the [
507 of a registered voter that is obtained from the list of registered voters may not be accessed by a
508 person other than a qualified person;
509 (D) verifies that each qualified person, other than a qualified person described in
510 Subsection (4)(a)(i) [
511 of a registered voter that is obtained from the list of registered voters, will only use the [
512
513 confirm the identity of a person in order to prevent fraud, waste, or abuse;
514 (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
515 person provides the [
516 of registered voters, will only use the [
517 as a government official or government employee; and
518 (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
519 whom the person provides the [
520 from the list of registered voters, will only use the [
521 purpose of the political party or candidate for public office.
522 (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
523 Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
524 providing the list of registered voters to a qualified person under this section, include, with the
525 list, the [
526 (i) the lieutenant governor or a county clerk verifies the identity of the person and that
527 the person is a qualified person; and
528 (ii) the qualified person signs a document that includes the following:
529 (A) the name, address, and telephone number of the person requesting the list of
530 registered voters;
531 (B) an indication of the type of qualified person that the person requesting the list
532 claims to be;
533 (C) a statement regarding the purpose for which the person desires to obtain the
534 [
535 (D) a list of the purposes for which the qualified person may use the [
536 birth of a registered voter that is obtained from the list of registered voters;
537 (E) a statement that the [
538 from the list of registered voters may not be provided or used for a purpose other than a
539 purpose described under Subsection (4)(b)(ii)(D);
540 (F) a statement that if the person obtains the [
541 voter from the list of registered voters under false pretenses, or provides or uses the [
542 year of birth of a registered voter that is obtained from the list of registered voters in a manner
543 that is prohibited by law, is guilty of a class A misdemeanor and is subject to a civil fine;
544 (G) an assertion from the person that the person will not provide or use the [
545 year of birth of a registered voter that is obtained from the list of registered voters in a manner
546 that is prohibited by law; and
547 (H) notice that if the person makes a false statement in the document, the person is
548 punishable by law under Section 76-8-504.
549 (c) The lieutenant governor or a county clerk may not disclose the [
550 birth of a registered voter to a person that the lieutenant governor or county clerk reasonably
551 believes:
552 (i) is not a qualified person or a person described in Subsection (4)[
553 (ii) will provide or use the [
554 (d) The lieutenant governor or a county clerk may not disclose the voter registration
555 form of a person, or information included in the person's voter registration form, whose voter
556 registration form is classified as private under Subsection (4)[
557 (i) a government official or government employee acting in the government official's or
558 government employee's capacity as a government official or government employee[
559 (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
560 described in Subsection (4)(a)(v) or (vi).
561 (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
562 governor or county clerk shall exclude the information described in Subsection
563 63G-2-302(1)(j), other than the year of birth.
564 (f) The lieutenant governor or a county clerk may not disclose a withholding request
565 form, described in Subsections (7) and (8), submitted by an individual, or information obtained
566 from that form, to a person other than a government official or government employee acting in
567 the government official's or government employee's capacity as a government official or
568 government employee.
569 [
570 (i) obtains the [
571 voters under false pretenses; [
572 (ii) uses or provides the [
573 from the list of registered voters[
574 (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
575 false pretenses;
576 (iv) uses or provides information obtained from a voter registration record described in
577 Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
578 (v) unlawfully discloses or obtains a voter registration record withheld under
579 Subsection (7) or a withholding request form described in Subsections (7) and (8); or
580 (vi) unlawfully discloses or obtains information from a voter registration record
581 withheld under Subsection (7) or a withholding request form described in Subsections (7) and
582 (8).
583 [
584 record of a voter as a private record if the voter:
585 (i) submits a written application, created by the lieutenant governor, requesting that the
586 voter's voter registration record be classified as private; [
587 (ii) requests on the voter's voter registration form that the voter's voter registration
588 record be classified as a private record[
589 (iii) submits a withholding request form described in Subsection (7) and any required
590 verification.
591 (i) The lieutenant governor or a county clerk may not disclose to a person described in
592 Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
593 registration record, if the record is withheld under Subsection (7).
594 [
595 lieutenant governor may impose a civil fine against a person who [
596
597
598
599 amount equal to the greater of:
600 (i) the product of 30 and the square root of the total number of [
601
602 (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
603 dollar; or
604 (B) records from which information is obtained, provided, or used unlawfully, rounded
605 to the nearest whole dollar; or
606 (ii) $200.
607 [
608 of a registered voter, if the [
609 or from a voter registration record, unless the person:
610 (i) is a government official or government employee who obtains, provides, or uses the
611 [
612 government official or government employee;
613 (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
614 uses the [
615 by an individual or to confirm the identity of a person in order to prevent fraud, waste, or
616 abuse;
617 (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
618 provides, or uses the [
619 candidate for public office; or
620 (iv) is a qualified person described in Subsection (4)(a)[
621 or uses the [
622 person to verify the accuracy of personal information submitted by an individual or to confirm
623 the identity of a person in order to prevent fraud, waste, or abuse.
624 [
625
626
627 [
628
629 [
630
631
632 [
633 birth to a member of the media, in relation to an individual designated by the member of the
634 media, in order for the member of the media to verify the identity of the individual.
635 (5) When political parties not listed on the voter registration form qualify as registered
636 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
637 lieutenant governor shall inform the county clerks [
638 party and direct the county clerks to ensure that the voter registration form is modified to
639 include that political party.
640 (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
641 clerk's designee shall:
642 (a) review each voter registration form for completeness and accuracy; and
643 (b) if the county clerk believes, based upon a review of the form, that an individual
644 may be seeking to register or preregister to vote who is not legally entitled to register or
645 preregister to vote, refer the form to the county attorney for investigation and possible
646 prosecution.
647 (7) The lieutenant governor or a county clerk shall withhold from a person described in
648 Subsection (4)(a)(v) or (vi) the voter registration record, and information obtained from the
649 voter registration record, of an individual who:
650 (a) submits a withholding request form, with the voter registration record or to the
651 lieutenant governor or a county clerk, if:
652 (i) the individual indicates on the form that the individual, or an individual who resides
653 with the individual, is a victim of domestic violence or is likely to be a victim of domestic
654 violence; or
655 (ii) the individual indicates on the form and provides verification that the individual, or
656 an individual who resides with the individual, is:
657 (A) a law enforcement officer;
658 (B) a member of the armed forces, as defined in Section 20A-1-513;
659 (C) a federal, state, or local elected official;
660 (D) a public figure; or
661 (E) protected by a protective order or protection order; or
662 (b) on the individual's most recent voter registration form, if the form was received by
663 the lieutenant governor or a county clerk before Ŝ→ [
663a ←Ŝ , requested that the
664 individual's voter registration record be classified as a private record.
665 (8) (a) The lieutenant governor shall design and distribute the withholding request form
666 described in Subsection (7) to each election officer and to each agency that provides a voter
667 registration form.
668 (b) An individual described in Subsection (7)(a)(i) is not required to provide
669 verification, other than the individual's attestation and signature on the withholding request
670 form, that the individual, or an individual who resides with the individual, is a victim of
671 domestic violence or is likely to be a victim of domestic violence.
672 (c) The director of elections within the Office of the Lieutenant Governor shall make
673 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
674 establishing requirements for providing the verification described in Subsection (7)(a)(ii).
675 (9) An election officer or an employee of an election officer may not encourage an
676 individual to submit, or discourage an individual from submitting, a withholding request form.
677 Section 3. Section 20A-2-108 is amended to read:
678 20A-2-108. Driver license or state identification card registration form --
679 Transmittal of information.
680 (1) As used in this section, "qualifying form" means:
681 (a) a driver license application form; or
682 (b) a state identification card application form.
683 (2) The lieutenant governor and the Driver License Division shall design each
684 qualifying form to include:
685 (a) the following question, which an applicant is required to answer: "Do you authorize
686 the use of information in this form for voter registration purposes? YES____ NO____";
687 (b) the following question, which an applicant is required to answer if the applicant
688 answers "yes" to the question described in Subsection (2)(a): "Any voter may register as an
689 absentee voter to receive ballots by mail. A voter may change this designation at any time.
690 Would you like to be registered as an absentee voter to receive your ballots by mail? YES____
691 NO ____"; and
692 [
693
694
695 (c) the following statement:
696
697 Voter registration records contain some information that is available to the public, such
698 as your name and address, some information that is available only to government entities, and
699 some information that is available only to certain third parties in accordance with the
700 requirements of law.
701 Your driver license number, identification card number, social security number, email
702 address, and full date of birth are available only to government entities. Your year of birth is
703 available to political parties, candidates for public office, and certain third parties, in
704 accordance with the requirements of law.
705 You may request that all information on your voter registration records be withheld
706 from all persons other than government entities, political parties, and candidates for public
707 office by indicating here:
708 _____ Yes, I request that all information on my voter registration records be withheld
709 from all persons other than government entities, political parties, and candidates for public
710 office.
711
712 In addition to the protections provided above, you may request that all information on
713 your voter registration records be withheld from all political parties and candidates for public
714 office by submitting a withholding request form, and any required verification, as described in
715 the following paragraphs.
716 A person may request that all information on the person's voter registration records be
717 withheld from all political parties and candidates for public office by submitting a withholding
718 request form with this registration record, or to the lieutenant governor or a county clerk, if the
719 person is or is likely to be, or resides with a person who is or is likely to be, a victim of
720 domestic violence.
721 A person may request that all information on the person's voter registration records be
722 withheld from all political parties and candidates for public office by submitting a withholding
723 request form and any required verification with this registration form, or to the lieutenant
724 governor or a county clerk, if the person is, or resides with a person who is, a law enforcement
725 officer, a member of the armed forces, a federal, state, or local elected official, a public figure,
726 or protected by a protective order or a protection order."
727 (3) The lieutenant governor and the Driver License Division shall ensure that a
728 qualifying form contains:
729 (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
730 Utah residency, and that the information provided in the form is true;
731 (b) a records disclosure that is similar to the records disclosure on a voter registration
732 form described in Section 20A-2-104;
733 (c) a statement that if an applicant declines to register or preregister to vote, the fact
734 that the applicant has declined to register or preregister will remain confidential and will be
735 used only for voter registration purposes;
736 (d) a statement that if an applicant does register or preregister to vote, the office at
737 which the applicant submits a voter registration application will remain confidential and will be
738 used only for voter registration purposes; and
739 (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
740 where an individual may, if desired:
741 (i) indicate the individual's desired political affiliation from a listing of each registered
742 political party, as defined in Section 20A-8-101;
743 (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
744 individual desires to affiliate; or
745 (iii) indicate that the individual does not wish to affiliate with a political party.
746 Section 4. Section 20A-2-204 is amended to read:
747 20A-2-204. Registering to vote when applying for or renewing a driver license.
748 (1) As used in this section, "voter registration form" means, when an individual named
749 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
750 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
751 voter registration purposes.
752 (2) A citizen who is qualified to vote may register to vote, and a citizen who is
753 qualified to preregister to vote may preregister to vote, by answering "yes" to the question
754 described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
755 (3) The Driver License Division shall:
756 (a) assist an individual in completing the voter registration form unless the individual
757 refuses assistance;
758 (b) electronically transmit each address change to the lieutenant governor within five
759 days after the day on which the division receives the address change; and
760 (c) within five days after the day on which the division receives a voter registration
761 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
762 following for the individual named on the form:
763 (i) the name, date of birth, driver license or state identification card number, last four
764 digits of the social security number, Utah residential address, place of birth, and signature;
765 (ii) a mailing address, if different from the individual's Utah residential address;
766 (iii) an email address and phone number, if available;
767 (iv) the desired political affiliation, if indicated; [
768 (v) an indication of whether the individual requested that the individual's voter
769 registration record be classified as a private record under Subsection 20A-2-108(2)(c)[
770 (vi) a withholding request from described in Subsections 20A-2-104(7) and (8) and any
771 verification submitted with the form.
772 (4) Upon receipt of an individual's voter registration form from the Driver License
773 Division under Subsection (3), the lieutenant governor shall:
774 (a) enter the information into the statewide voter registration database; and
775 (b) if the individual requests on the individual's voter registration form that the
776 individual's voter registration record be classified as a private record or the individual submits a
777 withholding request form described in Subsections 20A-2-104(7) and (8) and any required
778 verification, classify the individual's voter registration record as a private record.
779 (5) The county clerk of an individual whose information is entered into the statewide
780 voter registration database under Subsection (4) shall:
781 (a) ensure that the individual meets the qualifications to be registered or preregistered
782 to vote; and
783 (b) (i) if the individual meets the qualifications to be registered to vote:
784 (A) ensure that the individual is assigned to the proper voting precinct; and
785 (B) send the individual the notice described in Section 20A-2-304; or
786 (ii) if the individual meets the qualifications to be preregistered to vote, process the
787 form in accordance with the requirements of Section 20A-2-101.1.
788 (6) (a) When the county clerk receives a correctly completed voter registration form
789 under this section, the clerk shall:
790 (i) comply with the applicable provisions of this Subsection (6); or
791 (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
792 (b) If the county clerk receives a correctly completed voter registration form under this
793 section during the period beginning on the date after the voter registration deadline and ending
794 at 5 p.m. on the date that is 15 calendar days before the date of an election, the county clerk
795 shall:
796 (i) accept the voter registration form; and
797 (ii) unless the individual is preregistering to vote, inform the individual that the
798 individual is registered to vote in the pending election.
799 (c) If the county clerk receives a correctly completed voter registration form under this
800 section during the period beginning on the date that is 14 calendar days before the election and
801 ending at 5 p.m. on the date that is seven calendar days before the election, the county clerk
802 shall:
803 (i) accept the voter registration form; and
804 (ii) unless the individual is preregistering to vote, inform the individual that:
805 (A) the individual is registered to vote in the pending election; and
806 (B) for the pending election, the individual must vote on the day of the election or by
807 provisional ballot, under Section 20A-2-207, during the early voting period described in
808 Section 20A-3-601 because the individual registered late.
809 (d) If the county clerk receives a correctly completed voter registration form under this
810 section during the six calendar days before an election, the county clerk shall:
811 (i) accept the application for registration of the individual; and
812 (ii) unless the individual is preregistering to vote, inform the individual:
813 (A) of each manner still available to the individual to timely register to vote in the
814 current election; and
815 (B) that, if the individual does not timely register in a manner described in Subsection
816 (6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
817 because the individual registered late.
818 (7) (a) If the county clerk determines that an individual's voter registration form
819 received from the Driver License Division is incorrect because of an error, because the form is
820 incomplete, or because the individual does not meet the qualifications to be registered to vote,
821 the county clerk shall mail notice to the individual stating that the individual has not been
822 registered or preregistered because of an error, because the form is incomplete, or because the
823 individual does not meet the qualifications to be registered to vote.
824 (b) If a county clerk believes, based upon a review of a voter registration form, that an
825 individual, who knows that the individual is not legally entitled to register or preregister to
826 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
827 the form to the county attorney for investigation and possible prosecution.
828 Section 5. Section 20A-2-306 is amended to read:
829 20A-2-306. Removing names from the official register -- Determining and
830 confirming change of residence.
831 (1) A county clerk may not remove a voter's name from the official register on the
832 grounds that the voter has changed residence unless the voter:
833 (a) confirms in writing that the voter has changed residence to a place outside the
834 county; or
835 (b) (i) has not voted in an election during the period beginning on the date of the notice
836 required by Subsection (3), and ending on the day after the date of the second regular general
837 election occurring after the date of the notice; and
838 (ii) has failed to respond to the notice required by Subsection (3).
839 (2) (a) When a county clerk obtains information that a voter's address has changed and
840 it appears that the voter still resides within the same county, the county clerk shall:
841 (i) change the official register to show the voter's new address; and
842 (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
843 printed on a postage prepaid, preaddressed return form.
844 (b) When a county clerk obtains information that a voter's address has changed and it
845 appears that the voter now resides in a different county, the county clerk shall verify the
846 changed residence by sending to the voter, by forwardable mail, the notice required by
847 Subsection (3) printed on a postage prepaid, preaddressed return form.
848 (3) Each county clerk shall use substantially the following form to notify voters whose
849 addresses have changed:
850 "VOTER REGISTRATION NOTICE
851 We have been notified that your residence has changed. Please read, complete, and
852 return this form so that we can update our voter registration records. What is your current
853 street address?
854 ___________________________________________________________________________
855 Street City County State Zip
856 If you have not changed your residence or have moved but stayed within the same
857 county, you must complete and return this form to the county clerk so that it is received by the
858 county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
859 return this form within that time:
860 - you may be required to show evidence of your address to the poll worker before being
861 allowed to vote in either of the next two regular general elections; or
862 - if you fail to vote at least once from the date this notice was mailed until the passing
863 of two regular general elections, you will no longer be registered to vote. If you have changed
864 your residence and have moved to a different county in Utah, you may register to vote by
865 contacting the county clerk in your county.
866 ________________________________________
867 Signature of Voter[
868
869 [
870
871
872
873
874 [
875
876 Voter registration records contain some information that is available to the public, such
877 as your name and address, some information that is available only to government entities, and
878 some information that is available only to certain third parties in accordance with the
879 requirements of law.
880 Your driver license number, identification card number, social security number, email
881 address, and full date of birth are available only to government entities. Your year of birth is
882 available to political parties, candidates for public office, and certain third parties, in
883 accordance with the requirements of law.
884 You may request that all information on your voter registration records be withheld
885 from all persons other than government entities, political parties, and candidates for public
886 office by indicating here:
887 _____ Yes, I request that all information on my voter registration records be withheld
888 from all persons other than government entities, political parties, and candidates for public
889 office.
890
891 In addition to the protections provided above, you may request that all information on
892 your voter registration records be withheld from all political parties and candidates for public
893 office by submitting a withholding request form, and any required verification, as described in
894 the following paragraphs.
895 A person may request that all information on the person's voter registration records be
896 withheld from all political parties and candidates for public office by submitting a withholding
897 request form with this registration record, or to the lieutenant governor or a county clerk, if the
898 person is or is likely to be, or resides with a person who is or is likely to be, a victim of
899 domestic violence.
900 A person may request that all information on the person's voter registration records be
901 withheld from all political parties and candidates for public office by submitting a withholding
902 request form and any required verification with this registration form, or to the lieutenant
903 governor or a county clerk, if the person is, or resides with a person who is, a law enforcement
904 officer, a member of the armed forces, a federal, state, or local elected official, a public figure,
905 or protected by a protective order or a protection order."
906 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
907 names of any voters from the official register during the 90 days before a regular primary
908 election and the 90 days before a regular general election.
909 (b) The county clerk may remove the names of voters from the official register during
910 the 90 days before a regular primary election and the 90 days before a regular general election
911 if:
912 (i) the voter requests, in writing, that the voter's name be removed; or
913 (ii) the voter has died.
914 (c) (i) After a county clerk mails a notice as required in this section, the county clerk
915 may list that voter as inactive.
916 (ii) If a county clerk receives a returned voter identification card, determines that there
917 was no clerical error causing the card to be returned, and has no further information to contact
918 the voter, the county clerk may list that voter as inactive.
919 (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
920 privileges of a registered voter.
921 (iv) A county is not required to send routine mailings to an inactive voter and is not
922 required to count inactive voters when dividing precincts and preparing supplies.
923 Section 6. Section 20A-6-105 is amended to read:
924 20A-6-105. Provisional ballot envelopes.
925 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
926 substantially the following form:
927 "AFFIRMATION
928 Are you a citizen of the United States of America? Yes No
929 Will you be 18 years old on or before election day? Yes No
930 If you checked "no" in response to either of the two above questions, do not complete this
931 form.
932 Name of Voter _________________________________________________________
933 First Middle Last
934 Driver License or Identification Card Number _________________________________
935 State of Issuance of Driver License or Identification Card Number _________________
936 Date of Birth ___________________________________________________________
937 Street Address of Principal Place of Residence
938 ______________________________________________________________________
939 City County State Zip Code
940 Telephone Number (optional) ______________________________________________
941 Last four digits of Social Security Number ____________________________
942 Last former address at which I was registered to vote (if known)
943 ______________________________________________________________________
944 City County State Zip Code
945 Voting Precinct (if known)
946 _________________________________________________
947 I, (please print your full name)__________________________do solemnly swear or
948 affirm:
949 That I am eligible to vote in this election; that I have not voted in this election in any
950 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
951 vote in this precinct; and
952 Subject to penalty of law for false statements, that the information contained in this
953 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
954 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
955 immediately before this election.
956 Signed ______________________________________________________________________
957 Dated ______________________________________________________________________
958 In accordance with Section 20A-3-506, wilfully providing false information above is a
959 class B misdemeanor under Utah law and is punishable by imprisonment and by fine.[
960
961 [
962
963
964
965
966 [
967
968 Voter registration records contain some information that is available to the public, such
969 as your name and address, some information that is available only to government entities, and
970 some information that is available only to certain third parties in accordance with the
971 requirements of law.
972 Your driver license number, identification card number, social security number, email
973 address, and full date of birth are available only to government entities. Your year of birth is
974 available to political parties, candidates for public office, and certain third parties, in
975 accordance with the requirements of law.
976 You may request that all information on your voter registration records be withheld
977 from all persons other than government entities, political parties, and candidates for public
978 office by indicating here:
979 _____ Yes, I request that all information on my voter registration records be withheld
980 from all persons other than government entities, political parties, and candidates for public
981 office.
982
983 In addition to the protections provided above, you may request that all information on
984 your voter registration records be withheld from all political parties and candidates for public
985 office by submitting a withholding request form, and any required verification, as described in
986 the following paragraphs.
987 A person may request that all information on the person's voter registration records be
988 withheld from all political parties and candidates for public office by submitting a withholding
989 request form with this registration record, or to the lieutenant governor or a county clerk, if the
990 person is or is likely to be, or resides with a person who is or is likely to be, a victim of
991 domestic violence.
992 A person may request that all information on the person's voter registration records be
993 withheld from all political parties and candidates for public office by submitting a withholding
994 request form and any required verification with this registration form, or to the lieutenant
995 governor or a county clerk, if the person is, or resides with a person who is, a law enforcement
996 officer, a member of the armed forces, a federal, state, or local elected official, a public figure,
997 or protected by a protective order or a protection order.
998 [
999 Name:
1000 Name at birth, if different:
1001 Place of birth:
1002 Date of birth:
1003 Date and place of naturalization (if applicable):
1004 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1005 citizen and that to the best of my knowledge and belief the information above is true and
1006 correct.
1007 ____________________________
1008 Signature of Applicant
1009 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1010 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1011 up to one year in jail and a fine of up to $2,500."
1012 (2) The provisional ballot envelope shall include:
1013 (a) a unique number;
1014 (b) a detachable part that includes the unique number; and
1015 (c) a telephone number, internet address, or other indicator of a means, in accordance
1016 with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
1017 Section 7. Section 63G-2-202 is amended to read:
1018 63G-2-202. Access to private, controlled, and protected documents.
1019 (1) Except as provided in Subsection (11)(a), a governmental entity:
1020 (a) shall, upon request, disclose a private record to:
1021 (i) the subject of the record;
1022 (ii) the parent or legal guardian of an unemancipated minor who is the subject of the
1023 record;
1024 (iii) the legal guardian of a legally incapacitated individual who is the subject of the
1025 record;
1026 (iv) any other individual who:
1027 (A) has a power of attorney from the subject of the record;
1028 (B) submits a notarized release from the subject of the record or the individual's legal
1029 representative dated no more than 90 days before the date the request is made; or
1030 (C) if the record is a medical record described in Subsection 63G-2-302(1)(b), is a
1031 health care provider, as defined in Section 26-33a-102, if releasing the record or information in
1032 the record is consistent with normal professional practice and medical ethics; or
1033 (v) any person to whom the record must be provided pursuant to:
1034 (A) court order as provided in Subsection (7); or
1035 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1036 Powers; and
1037 (b) may disclose a private record described in [
1038 63G-2-302(1)(j) [
1039 governmental entity for a purpose related to:
1040 (i) voter registration; or
1041 (ii) the administration of an election.
1042 (2) (a) Upon request, a governmental entity shall disclose a controlled record to:
1043 (i) a physician, physician assistant, psychologist, certified social worker, insurance
1044 provider or producer, or a government public health agency upon submission of:
1045 (A) a release from the subject of the record that is dated no more than 90 days prior to
1046 the date the request is made; and
1047 (B) a signed acknowledgment of the terms of disclosure of controlled information as
1048 provided by Subsection (2)(b); and
1049 (ii) any person to whom the record must be disclosed pursuant to:
1050 (A) a court order as provided in Subsection (7); or
1051 (B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1052 Powers.
1053 (b) A person who receives a record from a governmental entity in accordance with
1054 Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
1055 including the subject of the record.
1056 (3) If there is more than one subject of a private or controlled record, the portion of the
1057 record that pertains to another subject shall be segregated from the portion that the requester is
1058 entitled to inspect.
1059 (4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
1060 entity shall disclose a protected record to:
1061 (a) the person that submitted the record;
1062 (b) any other individual who:
1063 (i) has a power of attorney from all persons, governmental entities, or political
1064 subdivisions whose interests were sought to be protected by the protected classification; or
1065 (ii) submits a notarized release from all persons, governmental entities, or political
1066 subdivisions whose interests were sought to be protected by the protected classification or from
1067 their legal representatives dated no more than 90 days prior to the date the request is made;
1068 (c) any person to whom the record must be provided pursuant to:
1069 (i) a court order as provided in Subsection (7); or
1070 (ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
1071 Powers; or
1072 (d) the owner of a mobile home park, subject to the conditions of Subsection
1073 41-1a-116(5).
1074 (5) Except as provided in Subsection (1)(b), a governmental entity may disclose a
1075 private, controlled, or protected record to another governmental entity, political subdivision,
1076 state, the United States, or a foreign government only as provided by Section 63G-2-206.
1077 (6) Before releasing a private, controlled, or protected record, the governmental entity
1078 shall obtain evidence of the requester's identity.
1079 (7) A governmental entity shall disclose a record pursuant to the terms of a court order
1080 signed by a judge from a court of competent jurisdiction, provided that:
1081 (a) the record deals with a matter in controversy over which the court has jurisdiction;
1082 (b) the court has considered the merits of the request for access to the record;
1083 (c) the court has considered and, where appropriate, limited the requester's use and
1084 further disclosure of the record in order to protect:
1085 (i) privacy interests in the case of private or controlled records;
1086 (ii) business confidentiality interests in the case of records protected under Subsection
1087 63G-2-305(1), (2), (40)(a)(ii), or (40)(a)(vi); and
1088 (iii) privacy interests or the public interest in the case of other protected records;
1089 (d) to the extent the record is properly classified private, controlled, or protected, the
1090 interests favoring access, considering limitations thereon, are greater than or equal to the
1091 interests favoring restriction of access; and
1092 (e) where access is restricted by a rule, statute, or regulation referred to in Subsection
1093 63G-2-201(3)(b), the court has authority independent of this chapter to order disclosure.
1094 (8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
1095 authorize disclosure of private or controlled records for research purposes if the governmental
1096 entity:
1097 (i) determines that the research purpose cannot reasonably be accomplished without
1098 use or disclosure of the information to the researcher in individually identifiable form;
1099 (ii) determines that:
1100 (A) the proposed research is bona fide; and
1101 (B) the value of the research is greater than or equal to the infringement upon personal
1102 privacy;
1103 (iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
1104 the records; and
1105 (B) requires the removal or destruction of the individual identifiers associated with the
1106 records as soon as the purpose of the research project has been accomplished;
1107 (iv) prohibits the researcher from:
1108 (A) disclosing the record in individually identifiable form, except as provided in
1109 Subsection (8)(b); or
1110 (B) using the record for purposes other than the research approved by the governmental
1111 entity; and
1112 (v) secures from the researcher a written statement of the researcher's understanding of
1113 and agreement to the conditions of this Subsection (8) and the researcher's understanding that
1114 violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
1115 under Section 63G-2-801.
1116 (b) A researcher may disclose a record in individually identifiable form if the record is
1117 disclosed for the purpose of auditing or evaluating the research program and no subsequent use
1118 or disclosure of the record in individually identifiable form will be made by the auditor or
1119 evaluator except as provided by this section.
1120 (c) A governmental entity may require indemnification as a condition of permitting
1121 research under this Subsection (8).
1122 (d) A governmental entity may not disclose or authorize disclosure of a private record
1123 for research purposes as described in this Subsection (8) if the private record is a record
1124 described in Subsection 63G-2-302(1)[
1125 (9) (a) Under Subsections 63G-2-201(5)(b) and 63G-2-401(6), a governmental entity
1126 may disclose to persons other than those specified in this section records that are:
1127 (i) private under Section 63G-2-302; or
1128 (ii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
1129 business confidentiality has been made under Section 63G-2-309.
1130 (b) Under Subsection 63G-2-403(11)(b), the State Records Committee may require the
1131 disclosure to persons other than those specified in this section of records that are:
1132 (i) private under Section 63G-2-302;
1133 (ii) controlled under Section 63G-2-304; or
1134 (iii) protected under Section 63G-2-305, subject to Section 63G-2-309 if a claim for
1135 business confidentiality has been made under Section 63G-2-309.
1136 (c) Under Subsection 63G-2-404(7), the court may require the disclosure of records
1137 that are private under Section 63G-2-302, controlled under Section 63G-2-304, or protected
1138 under Section 63G-2-305 to persons other than those specified in this section.
1139 (10) A record contained in the Management Information System, created in Section
1140 62A-4a-1003, that is found to be unsubstantiated, unsupported, or without merit may not be
1141 disclosed to any person except the person who is alleged in the report to be a perpetrator of
1142 abuse, neglect, or dependency.
1143 (11) (a) A private record described in Subsection 63G-2-302(2)(f) may only be
1144 disclosed as provided in Subsection (1)(a)(v).
1145 (b) A protected record described in Subsection 63G-2-305(43) may only be disclosed
1146 as provided in Subsection (4)(c) or Section 62A-3-312.
1147 (12) (a) A private, protected, or controlled record described in Section 62A-16-301
1148 shall be disclosed as required under:
1149 (i) Subsections 62A-16-301(1)(b), (2), and (4)(c); and
1150 (ii) Subsections 62A-16-302(1) and (6).
1151 (b) A record disclosed under Subsection (12)(a) shall retain its character as private,
1152 protected, or controlled.
1153 Section 8. Section 63G-2-301 is amended to read:
1154 63G-2-301. Public records.
1155 (1) As used in this section:
1156 (a) "Business address" means a single address of a governmental agency designated for
1157 the public to contact an employee or officer of the governmental agency.
1158 (b) "Business email address" means a single email address of a governmental agency
1159 designated for the public to contact an employee or officer of the governmental agency.
1160 (c) "Business telephone number" means a single telephone number of a governmental
1161 agency designated for the public to contact an employee or officer of the governmental agency.
1162 (2) The following records are public except to the extent they contain information
1163 expressly permitted to be treated confidentially under the provisions of Subsections
1164 63G-2-201(3)(b) and (6)(a):
1165 (a) laws;
1166 (b) the name, gender, gross compensation, job title, job description, business address,
1167 business email address, business telephone number, number of hours worked per pay period,
1168 dates of employment, and relevant education, previous employment, and similar job
1169 qualifications of a current or former employee or officer of the governmental entity, excluding:
1170 (i) undercover law enforcement personnel; and
1171 (ii) investigative personnel if disclosure could reasonably be expected to impair the
1172 effectiveness of investigations or endanger any individual's safety;
1173 (c) final opinions, including concurring and dissenting opinions, and orders that are
1174 made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
1175 that if the proceedings were properly closed to the public, the opinion and order may be
1176 withheld to the extent that they contain information that is private, controlled, or protected;
1177 (d) final interpretations of statutes or rules by a governmental entity unless classified as
1178 protected as provided in Subsection 63G-2-305(17) or (18);
1179 (e) information contained in or compiled from a transcript, minutes, or report of the
1180 open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
1181 and Public Meetings Act, including the records of all votes of each member of the
1182 governmental entity;
1183 (f) judicial records unless a court orders the records to be restricted under the rules of
1184 civil or criminal procedure or unless the records are private under this chapter;
1185 (g) unless otherwise classified as private under Section 63G-2-303, records or parts of
1186 records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
1187 commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
1188 Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
1189 other governmental entities that give public notice of:
1190 (i) titles or encumbrances to real property;
1191 (ii) restrictions on the use of real property;
1192 (iii) the capacity of persons to take or convey title to real property; or
1193 (iv) tax status for real and personal property;
1194 (h) records of the Department of Commerce that evidence incorporations, mergers,
1195 name changes, and uniform commercial code filings;
1196 (i) data on individuals that would otherwise be private under this chapter if the
1197 individual who is the subject of the record has given the governmental entity written
1198 permission to make the records available to the public;
1199 (j) documentation of the compensation that a governmental entity pays to a contractor
1200 or private provider;
1201 (k) summary data;
1202 (l) voter registration records, including an individual's voting history, except for a voter
1203 registration record or those parts of a voter registration record that are classified as private
1204 under [
1205 Subsection 20A-2-104(7);
1206 (m) for an elected official, as defined in Section 11-47-102, a telephone number, if
1207 available, and email address, if available, where that elected official may be reached as required
1208 in Title 11, Chapter 47, Access to Elected Officials;
1209 (n) for a school community council member, a telephone number, if available, and
1210 email address, if available, where that elected official may be reached directly as required in
1211 Section 53G-7-1203;
1212 (o) annual audited financial statements of the Utah Educational Savings Plan described
1213 in Section 53B-8a-111; and
1214 (p) an initiative packet, as defined in Section 20A-7-101, and a referendum packet, as
1215 defined in Section 20A-7-101, after the packet is submitted to a county clerk.
1216 (3) The following records are normally public, but to the extent that a record is
1217 expressly exempt from disclosure, access may be restricted under Subsection 63G-2-201(3)(b),
1218 Section 63G-2-302, 63G-2-304, or 63G-2-305:
1219 (a) administrative staff manuals, instructions to staff, and statements of policy;
1220 (b) records documenting a contractor's or private provider's compliance with the terms
1221 of a contract with a governmental entity;
1222 (c) records documenting the services provided by a contractor or a private provider to
1223 the extent the records would be public if prepared by the governmental entity;
1224 (d) contracts entered into by a governmental entity;
1225 (e) any account, voucher, or contract that deals with the receipt or expenditure of funds
1226 by a governmental entity;
1227 (f) records relating to government assistance or incentives publicly disclosed,
1228 contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
1229 business in Utah, except as provided in Subsection 63G-2-305(35);
1230 (g) chronological logs and initial contact reports;
1231 (h) correspondence by and with a governmental entity in which the governmental entity
1232 determines or states an opinion upon the rights of the state, a political subdivision, the public,
1233 or any person;
1234 (i) empirical data contained in drafts if:
1235 (i) the empirical data is not reasonably available to the requester elsewhere in similar
1236 form; and
1237 (ii) the governmental entity is given a reasonable opportunity to correct any errors or
1238 make nonsubstantive changes before release;
1239 (j) drafts that are circulated to anyone other than:
1240 (i) a governmental entity;
1241 (ii) a political subdivision;
1242 (iii) a federal agency if the governmental entity and the federal agency are jointly
1243 responsible for implementation of a program or project that has been legislatively approved;
1244 (iv) a government-managed corporation; or
1245 (v) a contractor or private provider;
1246 (k) drafts that have never been finalized but were relied upon by the governmental
1247 entity in carrying out action or policy;
1248 (l) original data in a computer program if the governmental entity chooses not to
1249 disclose the program;
1250 (m) arrest warrants after issuance, except that, for good cause, a court may order
1251 restricted access to arrest warrants prior to service;
1252 (n) search warrants after execution and filing of the return, except that a court, for good
1253 cause, may order restricted access to search warrants prior to trial;
1254 (o) records that would disclose information relating to formal charges or disciplinary
1255 actions against a past or present governmental entity employee if:
1256 (i) the disciplinary action has been completed and all time periods for administrative
1257 appeal have expired; and
1258 (ii) the charges on which the disciplinary action was based were sustained;
1259 (p) records maintained by the Division of Forestry, Fire, and State Lands, the School
1260 and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
1261 evidence mineral production on government lands;
1262 (q) final audit reports;
1263 (r) occupational and professional licenses;
1264 (s) business licenses; and
1265 (t) a notice of violation, a notice of agency action under Section 63G-4-201, or similar
1266 records used to initiate proceedings for discipline or sanctions against persons regulated by a
1267 governmental entity, but not including records that initiate employee discipline.
1268 (4) The list of public records in this section is not exhaustive and should not be used to
1269 limit access to records.
1270 Section 9. Section 63G-2-302 is amended to read:
1271 63G-2-302. Private records.
1272 (1) The following records are private:
1273 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1274 social services, welfare benefits, or the determination of benefit levels;
1275 (b) records containing data on individuals describing medical history, diagnosis,
1276 condition, treatment, evaluation, or similar medical data;
1277 (c) records of publicly funded libraries that when examined alone or with other records
1278 identify a patron;
1279 (d) records received by or generated by or for:
1280 (i) the Independent Legislative Ethics Commission, except for:
1281 (A) the commission's summary data report that is required under legislative rule; and
1282 (B) any other document that is classified as public under legislative rule; or
1283 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1284 unless the record is classified as public under legislative rule;
1285 (e) records received by, or generated by or for, the Independent Executive Branch
1286 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1287 of Executive Branch Ethics Complaints;
1288 (f) records received or generated for a Senate confirmation committee concerning
1289 character, professional competence, or physical or mental health of an individual:
1290 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1291 (A) reasonably could be expected to interfere with the investigation undertaken by the
1292 committee; or
1293 (B) would create a danger of depriving a person of a right to a fair proceeding or
1294 impartial hearing; and
1295 (ii) after the meeting, if the meeting was closed to the public;
1296 (g) employment records concerning a current or former employee of, or applicant for
1297 employment with, a governmental entity that would disclose that individual's home address,
1298 home telephone number, social security number, insurance coverage, marital status, or payroll
1299 deductions;
1300 (h) records or parts of records under Section 63G-2-303 that a current or former
1301 employee identifies as private according to the requirements of that section;
1302 (i) that part of a record indicating a person's social security number or federal employer
1303 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1304 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1305 (j) that part of a voter registration record identifying a voter's:
1306 (i) driver license or identification card number;
1307 (ii) social security number, or last four digits of the social security number;
1308 (iii) email address; or
1309 (iv) date of birth;
1310 (k) a voter registration record that is classified as a private record by the lieutenant
1311 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)[
1312 [
1313 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1314 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1315 verification submitted in support of the form;
1316 [
1317 (i) contains information about an individual;
1318 (ii) is voluntarily provided by the individual; and
1319 (iii) goes into an electronic database that:
1320 (A) is designated by and administered under the authority of the Chief Information
1321 Officer; and
1322 (B) acts as a repository of information about the individual that can be electronically
1323 retrieved and used to facilitate the individual's online interaction with a state agency;
1324 [
1325 (i) Subsection 31A-23a-115(3)(a);
1326 (ii) Subsection 31A-23a-302(4); or
1327 (iii) Subsection 31A-26-210(4);
1328 [
1329 Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1330 [
1331 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1332 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
1333 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1334 77-43-108(4);
1335 [
1336 in accordance with Section 34-45-107, if the federal law or action supporting the filing
1337 involves homeland security;
1338 [
1339 under Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1340 collected by a public transit district, including contact and payment information and customer
1341 travel data;
1342 [
1343 20A-16-501;
1344 [
1345 Title 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1346 [
1347 Review Commission established in Section 63A-15-201, except for:
1348 (i) the commission's summary data report that is required in Section 63A-15-202; and
1349 (ii) any other document that is classified as public in accordance with Title 63A,
1350 Chapter 15, Political Subdivisions Ethics Review Commission;
1351 [
1352 notified of an incident or threat;
1353 [
1354 with Section 63A-3-201; and
1355 [
1356 (2) The following records are private if properly classified by a governmental entity:
1357 (a) records concerning a current or former employee of, or applicant for employment
1358 with a governmental entity, including performance evaluations and personal status information
1359 such as race, religion, or disabilities, but not including records that are public under Subsection
1360 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1361 (b) records describing an individual's finances, except that the following are public:
1362 (i) records described in Subsection 63G-2-301(2);
1363 (ii) information provided to the governmental entity for the purpose of complying with
1364 a financial assurance requirement; or
1365 (iii) records that must be disclosed in accordance with another statute;
1366 (c) records of independent state agencies if the disclosure of those records would
1367 conflict with the fiduciary obligations of the agency;
1368 (d) other records containing data on individuals the disclosure of which constitutes a
1369 clearly unwarranted invasion of personal privacy;
1370 (e) records provided by the United States or by a government entity outside the state
1371 that are given with the requirement that the records be managed as private records, if the
1372 providing entity states in writing that the record would not be subject to public disclosure if
1373 retained by it;
1374 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1375 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1376 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1377 (g) audio and video recordings created by a body-worn camera, as defined in Section
1378 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1379 (i) depict the commission of an alleged crime;
1380 (ii) record any encounter between a law enforcement officer and a person that results in
1381 death or bodily injury, or includes an instance when an officer fires a weapon;
1382 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1383 against a law enforcement officer or law enforcement agency;
1384 (iv) contain an officer involved critical incident as defined in [
1385 76-2-408(1)[
1386 (v) have been requested for reclassification as a public record by a subject or
1387 authorized agent of a subject featured in the recording.
1388 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1389 records, statements, history, diagnosis, condition, treatment, and evaluation.
1390 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1391 doctors, or affiliated entities are not private records or controlled records under Section
1392 63G-2-304 when the records are sought:
1393 (i) in connection with any legal or administrative proceeding in which the patient's
1394 physical, mental, or emotional condition is an element of any claim or defense; or
1395 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1396 relies upon the condition as an element of the claim or defense.
1397 (c) Medical records are subject to production in a legal or administrative proceeding
1398 according to state or federal statutes or rules of procedure and evidence as if the medical
1399 records were in the possession of a nongovernmental medical care provider.
1400 Ŝ→ [
1401 If approved by two-thirds of all the members elected to each house, this bill takes effect
1402 upon approval by the governor, or the day following the constitutional time limit of Utah
1403 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
1404 the date of veto override.
1405 Section 11. Revisor instructions.
1406 The Legislature intends that the Office of Legislative Research and General Counsel, in
1407 preparing the Utah Code database for publication, replace the phrase "the effective date of this
1408 bill" with the actual effective date of this bill in Subsection 20A-2-104(7)(b).