Representative Jefferson Moss proposes the following substitute bill:


1     
ELECTION AMENDMENTS

2     
2020 THIRD SPECIAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jefferson Moss

5     
Senate Sponsor: Wayne A. Harper

6     

7     LONG TITLE
8     General Description:
9          This bill makes temporary changes to the Election Code and related provisions, as they
10     relate to the 2020 regular primary election only, to conduct the election in a manner that
11     protects the public health and safety in relation to the COVID-19 pandemic.
12     Highlighted Provisions:
13          This bill:
14          ▸     preempts conflicts between this bill and other provisions of the Utah Code,
15     emergency declarations, and other restrictions;
16          ▸     requires the lieutenant governor's office to:
17               •     issue protocols to protect the health and safety of voters and government
18     employees, including poll workers, in the conduct of the 2020 regular primary
19     election; and
20               •     conduct a campaign to educate the public on the provisions of this bill;
21          ▸     authorizes the lieutenant governor's office to make other modifications relating to
22     deadlines, locations, and methods of conducting the 2020 regular primary election
23     to the extent the modifications are necessary to carry out the provisions of this bill;
24          ▸     modifies election notice provisions to inform voters of changes applicable to the
25     2020 regular primary election;

26          ▸     modifies multiple provisions relating to the 2020 regular primary election, including
27     that:
28               •     except for a mobile voting county, the election will be conducted entirely by
29     mail;
30               •     except for a mobile voting county, there will be no polling places on election
31     day;
32               •     there will be no in person early voting;
33               •     there will be no in person voter registration;
34               •     there will be no voter registration by provisional ballot;
35               •     the voter registration deadline is 11 days before the day of the election; and
36               •     the postmark deadline for mailing a ballot is extended to the day of the election;
37          ▸     lists several code provisions that are not in effect, or that are otherwise modified, for
38     the 2020 regular primary election;
39          ▸     establishes a process for a county to qualify as a mobile voting county that provides
40     limited drive-up voting on election day; and
41          ▸     provides for accessible voting options for a voter with a disability.
42     Money Appropriated in this Bill:
43          None
44     Other Special Clauses:
45          This bill provides a special effective date.
46          This bill provides a repeal date.
47          This bill provides revisor instructions.
48     Utah Code Sections Affected:
49     ENACTS:
50          20A-1-309, Utah Code Annotated 1953
51     Utah Code Sections Affected by Revisor Instructions:
52          20A-1-309, Utah Code Annotated 1953
53     

54     Be it enacted by the Legislature of the state of Utah:
55          Section 1. Section 20A-1-309 is enacted to read:
56          20A-1-309. Regular primary election, 2020 -- COVID-19 measures.

57          (1) (a) As used in this section, "mobile voting county" means a county that opts in to
58     drive-up voting on election day in accordance with Subsection (9).
59          (b) In relation to conducting the 2020 regular primary election, the Legislature takes
60     the action described in this section to protect the public health and safety in relation to the
61     COVID-19 pandemic.
62          (c) If any provision of the Utah Code conflicts with a provision of this section, this
63     section prevails.
64          (2) Notwithstanding any emergency declaration issued under the authority of this state,
65     or any other restriction imposed by the governor, the Department of Health, a local
66     government, a local health department, or any other government entity of the state, and
67     consistent with the requirements of this section, the conduct of the 2020 regular primary
68     election:
69          (a) subject to the provisions of this section, is an essential service, including voting,
70     voter registration, the mailing of ballots, the return of completed ballots, the processing of
71     ballots, the counting and tallying of votes, and the release of election results; and
72          (b) except as expressly provided in this section, is not prohibited or affected by the
73     emergency declaration or restriction.
74          (3) The lieutenant governor's office shall, in consultation with the county clerks and
75     consistent with the provisions of this section and other applicable requirements of law, issue
76     protocols to protect the health and safety of voters and government employees in the conduct of
77     the 2020 regular primary election, including:
78          (a) requiring poll workers to use protective gear and to wash hands regularly;
79          (b) prohibiting ill poll workers from working; and
80          (c) promoting, to the extent practicable, social distancing between poll workers.
81          (4) The lieutenant governor's office shall conduct a campaign to educate the public on
82     the provisions of this section, especially provisions relating to changes in the voter registration,
83     voting methods, and voting process.
84          (5) The lieutenant governor's office may make other modifications relating to
85     deadlines, locations, and methods of conducting the 2020 regular primary election to the extent
86     the modifications are necessary to carry out the provisions of this section.
87          (6) For the 2020 regular primary election only:

88          (a) the entire election will be conducted by mail, except that:
89          (i) a mobile voting county may provide drive-up voting, on election day only, in
90     accordance with the requirements of this section;
91          (ii) a covered voter, as defined in Section 20A-16-102, may vote in any manner
92     approved by the election officer;
93          (iii) an election officer shall:
94          (A) provide a method of accessible voting to a voter with a disability who is not able to
95     vote by mail; and
96          (B) include, on the election officer's website and with each ballot mailed, instructions
97     regarding how a voter described in Subsection (6)(a)(iii)(A) may vote;
98          (iv) a caretaker for a voter described in Subsection (6)(a)(iii) may vote at the same time
99     and place as the voter;
100          (b) except as provided in Subsection (6)(c), the notice of election shall include the
101     following statement: "To help prevent the spread of the coronavirus, for the 2020 regular
102     primary election only:
103          ▸     the election will be conducted entirely by mail;
104          ▸     drop boxes will be available for depositing mail-in ballots until 8 p.m. on
105     election day;
106          ▸     there will be no polling places on election day;
107          ▸     there will be no in person voting, including no in person early voting;
108          ▸     there will be no in person voter registration;
109          ▸     there will be no voter registration by provisional ballot; and
110          ▸     the voter registration deadline is 11 days before the day of the election.
111          An individual with a disability who is not able to vote a manual ballot by mail may
112     obtain information on voting in an accessible manner from the county's website, by contacting
113     the county clerk, or by reviewing the information included with a ballot mailed to the voter.";
114          (c) the notice of election for a mobile voting county shall include the following
115     statement: "To help prevent the spread of the coronavirus, for the 2020 regular primary election
116     only:
117          ▸     the election will be conducted primarily by mail;
118          ▸     drop boxes will be available for depositing mail-in ballots until 8 p.m. on

119     election day;
120          ▸     there will be no regular polling places on election day, but there will be limited
121     drive-up voting on election day, unless the county clerk cancels drive-up voting
122     based on public health concerns;
123          ▸     if drive-up voting is cancelled based on public health concerns, voters will be
124     required to vote by mail;
125          ▸     except for drive-up voting on election day only, there will be no in person
126     voting and no in person early voting;
127          ▸     there will be no in person voter registration;
128          ▸     there will be no voter registration by provisional ballot; and
129          ▸     the voter registration deadline is 11 days before the day of the election.
130          An individual with a disability who is not able to vote a manual ballot by mail may
131     obtain information on voting in an accessible manner from the county's website, by contacting
132     the county clerk, or by reviewing the information included with a ballot mailed to the voter.";
133          (d) except as it relates to drive-up voting for a mobile voting county, and subject to
134     Subsection (9)(k), Section 20A-5-403 is not in effect;
135          (e) the election officer shall mail to each active voter who is eligible to vote in the
136     primary, regardless of whether the voter has requested that the election officer not send a ballot
137     by mail to the voter:
138          (i) a manual ballot, if the voter is affiliated with a political party for which there is a
139     primary election;
140          (ii) a notice to each unaffiliated active voter stating that the voter may request a
141     primary election ballot; and
142          (iii) a manual ballot to each unaffiliated active voter who requests a primary election
143     ballot;
144          (f) early voting will not take place;
145          (g) registration by provisional ballot will not take place and Section 20A-2-207 is not
146     in effect;
147          (h) provisional ballots may only be cast:
148          (i) by mail;
149          (ii) for an individual with a disability, as otherwise authorized by the election officer;

150     or
151          (iii) for a mobile voting county, at a drive-up voting station;
152          (i) the provisions of Section 20A-3a-205 will only be in effect to the extent they can be
153     completed in accordance with Subsection (6)(h);
154          (j) except as it relates to drive-up voting for a mobile voting county, and subject to
155     Subsection (9)(k), Subsections 11-14-202(3), (4)(a)(ii), (4)(a)(iv), (4)(b), and (6) are not in
156     effect;
157          (k) except as it relates to drive-up voting for a mobile voting county, and subject to
158     Subsection (9)(k), the portion of Subsection 11-14-202(4)(a)(iii) following the words "election
159     officer's website" is not in effect;
160          (l) except for a registration completed before the effective date of this bill, in person
161     voter registration is not in effect, including registration described in Section 20A-2-201 or
162     Subsection 20A-2-304(1)(a);
163          (m) Subsection 20A-2-307(2)(a) is not in effect;
164          (n) except as it relates to drive-up voting for a mobile voting county, and subject to
165     Subsection (9)(k), Sections 20A-4-101, 20A-4-102, and 20A-4-103 are not in effect;
166          (o) Subsection 20A-4-202(2)(a) is not in effect;
167          (p) the deadline for the canvas to be completed is 21 days after the election;
168          (q) except as it relates to drive-up voting for a mobile voting county, and subject to
169     Subsection (9)(k), Subsections 20A-5-101(4)(b), (4)(c), (4)(e), and (6)(c)(iii) are not in effect;
170          (r) the statement described in Subsections 20A-5-101(4)(d) and 20A-7-702(2)(m) and
171     (2)(n) shall, instead of referring to polling places, refer to:
172          (i) ballot drop boxes; and
173          (ii) for a mobile voting county, drive-up voting stations;
174          (s) except as it relates to drive-up voting for a mobile voting county, and subject to
175     Subsection (9)(k), the portion of Subsection 20A-7-702(3)(c) following the words "upon
176     request" are not in effect;
177          (t) Subsection 20A-7-801(3)(c) is not in effect;
178          (u) (i) except as provided in Subsection (6)(u)(ii), the statement described in
179     Subsection 20A-5-101(6)(b) shall state "A [indicate election type] will be held in [indicate the
180     jurisdiction] on [indicate date of election]. Information relating to the election, including ballot

181     drop box locations, accessible options for voters with a disability, and qualifications of voters
182     may be obtained from the following sources:";
183          (ii) for a mobile voting county, the statement described in Subsection 20A-5-101(6)(b)
184     shall state "A [indicate election type] will be held in [indicate the jurisdiction] on [indicate date
185     of election]. Information relating to the election, including ballot drop box locations, drive-up
186     voting locations, accessible options for voters with a disability, and qualifications of voters
187     may be obtained from the following sources:";
188          (v) except as it relates to drive-up voting for a mobile voting county, and subject to
189     Subsection (9)(k):
190          (i) the portion of Subsection 20A-5-102(1)(c)(xiii) following the words "date of the
191     election" are not in effect; and
192          (ii) Subsection 20A-5-102(2) is not in effect;
193          (w) the election officer may modify the number of poll workers to an amount that the
194     election officer determines is appropriate and may alter or otherwise designate the duties of
195     poll workers in general, and of each individual poll worker;
196          (x) the election officer may reduce the number of watchers and alter or otherwise
197     regulate the placement and conduct of watchers as the election officer determines is
198     appropriate;
199          (y) in Section 20A-6-203:
200          (i) the provisions relating to voting booths are not in effect; and
201          (ii) except as it relates to drive-up voting for a mobile voting county, and subject to
202     Subsection (9)(k), the provisions relating to ballot boxes are not in effect; and
203          (z) an election officer may not release any ballot counts or any other election results or
204     updates to the public before 10 p.m. on election day.
205          (7) For the 2020 regular primary election only, with respect to the version of the Utah
206     Code otherwise in effect before May 12, 2020:
207          (a) except as it relates to drive-up voting for a mobile voting county, and subject to
208     Subsection (9)(k), Subsection 20A-3-202.3(3)(b)(ii) is not in effect;
209          (b) except as it relates to drive-up voting for a mobile voting county, and subject to
210     Subsection (9)(k), Subsections 20A-3-302(2)(a)(ii) and (v) and (6)(a), (b), and (c) are not in
211     effect;

212          (c) Subsection 20A-3-306.5(3)(a) is not in effect;
213          (d) Chapter 3, Part 6, Early Voting, is not in effect;
214          (e) except as it relates to drive-up voting for a mobile voting county, and subject to
215     Subsection (9)(k), Chapter 3, Part 7, Election Day Voting Center, is not in effect;
216          (f) Subsections 20A-5-101(4)(b), (c), and (e) are not in effect;
217          (g) the portion of Subsection 20A-5-101(4)(d) that follows the words "election officer's
218     website" is not in effect; and
219          (h) except as it relates to drive-up voting for a mobile voting county, and subject to
220     Subsection (9)(k), the portion of Subsection 20A-5-101(6)(b) that states "polling places,
221     polling place hours, and" is not in effect.
222          (8) For the 2020 regular primary election only, with respect to the version of the Utah
223     Code otherwise in effect beginning on May 12, 2020:
224          (a) Subsections 20A-2-102.5(2)(a)(i), (2)(b), and (2)(c) are not in effect;
225          (b) the portion of Subsection 20A-2-202(3)(b) following the words "pending election"
226     is not in effect;
227          (c) the portion of Subsection 20A-2-204(6)(c)(iii) following the words "pending
228     election" is not in effect;
229          (d) the portion of Subsection 20A-2-205(7)(b) following the words "pending election"
230     is not in effect;
231          (e) Subsection 20A-2-206(9)(b) is not in effect;
232          (f) Section 20A-3a-105 is not in effect, except:
233          (i) as it applies to an individual with a disability; or
234          (ii) as it relates to drive-up voting for a mobile voting county, subject to Subsection
235     (9)(k);
236          (g) except as it relates to drive-up voting for a mobile voting county, and subject to
237     Subsection (9)(k), Subsections 20A-3a-201(1)(b) and (c) are not in effect;
238          (h) (i) except as it relates to drive-up voting for a mobile voting county, and subject to
239     Subsection (9)(k), Subsections 20A-3a-202(2)(a)(iv) and (v), (8)(a), (b), and (c) are not in
240     effect; and
241          (ii) Subsection 20A-3a-202(10) is not in effect;
242          (i) except as it relates to drive-up voting for a mobile voting county, and subject to

243     Subsection (9)(k), Section 20A-3a-203 is not in effect;
244          (j) the deadline for a postmark or other mark described in Subsection
245     20A-3a-204(2)(a)(i) is extended to on or before election day;
246          (k) the words "in line at" in Subsection 20A-3a-204(2)(d) are replaced with the words
247     "waiting in the vicinity of";
248          (l) except as it relates to drive-up voting for a mobile voting county, and subject to
249     Subsection (9)(k), Subsections 20A-3a-204(2)(b)(i), (3), (4), (7), (8), and (9) are not in effect;
250          (m) the words "enter a polling place" in Subsection 20A-3a-208(1) are replaced with
251     the word "vote";
252          (n) except as it relates to drive-up voting for a mobile voting county, and subject to
253     Subsection (9)(k), Subsections 20A-3a-209(1) and (2) are not in effect;
254          (o) Section 20A-3a-301 is in effect only to the extent that the process can be
255     completed:
256          (i) by mail;
257          (ii) for a mobile voting county, via a drive-up voting center; or
258          (iii) if approved by the lieutenant governor's office, electronic means;
259          (p) except as it relates to drive-up voting for a mobile voting county, and subject to
260     Subsection (9)(k), Section 20A-3a-402 is not in effect;
261          (q) Chapter 3a, Part 6, Early Voting, is not in effect;
262          (r) except as it relates to drive-up voting for a mobile voting county, and subject to
263     Subsection (9)(k), Chapter 3a, Part 7, Election Day Voting Center, is not in effect;
264          (s) Subsection 20A-3a-804(1)(b) shall be completed by mail;
265          (t) except as it relates to drive-up voting for a mobile voting county, and subject to
266     Subsection (9)(k), the portion of Subsection 20A-3a-804(3)(b)(ii) following the words
267     "provisional ballot" is not in effect;
268          (u) Subsection 20A-3a-804(4)(a) is not in effect, and the election officer is, instead,
269     required to determine whether each challenged individual is eligible to vote before the day on
270     which the canvass is held;
271          (v) except as it relates to drive-up voting for a mobile voting county, and subject to
272     Subsection (9)(k), Section 20A-3a-805 is not in effect;
273          (w) the requirement in Subsection 20A-4-303(1)(b) regarding a public canvass may be

274     fulfilled by recording the canvass and making the recording available to the public;
275          (x) Subsection 20A-5-403.5(3)(b) is not in effect;
276          (y) except as it relates to drive-up voting for a mobile voting county, and subject to
277     Subsection (9)(k), Subsection 20A-5-205(2) is not in effect;
278          (z) except as it relates to drive-up voting for a mobile voting county, and subject to
279     Subsection (9)(k), Section 20A-5-404 is not in effect;
280          (aa) (i) Subsections 20A-5-405(1)(h)(i) and (2)(c)(ii) are not in effect; and
281          (ii) except as it relates to drive-up voting for a mobile voting county, and subject to
282     Subsection (9)(k), Subsections 20A-5-405(1)(i) and (3)(b)(ii) are not in effect;
283          (bb) except as it relates to drive-up voting for a mobile voting county, and subject to
284     Subsection (9)(k), Sections 20A-5-406 and 20A-5-407 are not in effect; and
285          (cc) the "in person" requirement in Section 20A-7-609.5(3)(a)(i) is not in effect.
286          (9) (a) A county is a mobile voting county if, before 5 p.m. on May 1, 2020, the county
287     clerk notifies the lieutenant governor's office that the county will be a mobile voting county.
288          (b) Except as provided in Subsection (9)(j), a mobile voting county shall operate one or
289     more drive-up voting stations during normal polling hours on election day.
290          (c) Only a mobile voting county may operate a drive-up voting station.
291          (d) A mobile voting county may not operate a drive-up voting station at any time other
292     than during normal polling hours on election day.
293          (e) Vehicles in line at a drive-up voting station at 8 p.m. may vote at the drive-up
294     voting station.
295          (f) A mobile voting county shall:
296          (i) establish procedures and requirements to protect the health and welfare of voters
297     and poll workers at a drive-up voting station, including the use of protective gear;
298          (ii) operate the drive-up voting station in a manner that permits a voter to vote while
299     remaining in a vehicle;
300          (iii) take measures to ensure that a voter's vote is secret and secure; and
301          (iv) conduct a campaign to encourage voters to vote by mail rather than at a drive-up
302     voting station.
303          (g) Any duty of care owed by a government entity in relation to a drive-up voting
304     station is the sole responsibility of the mobile voting county, not the state.

305          (h) This section does not impose a duty of care or other legal liability not already owed
306     under the provisions of law.
307          (i) A drive-up voting station is a polling place.
308          (j) (i) The county clerk of a mobile voting county may cancel drive-up voting or close a
309     drive-up voting station if the county clerk determines that cancellation is necessary to protect
310     the public health and welfare.
311          (ii) If cancellation or closure occurs under Subsection (9)(j)(i), the county clerk shall
312     give notice of the cancellation or closure as soon as reasonably possible, in the manner that the
313     county clerk determines is best under the circumstances, and a voter must then vote by placing
314     the ballot that the voter received by mail in a ballot box.
315          (iii) A voter who waits to vote until election day assumes the risk that a drive-up voting
316     station may close at any time to protect the public health and welfare and that the voter may be
317     required to vote by placing the ballot that the voter received by mail in a ballot box.
318          (k) A county clerk of a mobile voting county may, consistent with the provisions of
319     this section and the other requirements of law that remain in effect for the 2020 regular primary
320     election, alter requirements relating to a polling place to the extent necessary to address the
321     practical differences between drive-up voting and voting in a building.
322          Section 2. Effective date.
323          If approved by two-thirds of all the members elected to each house, this bill takes effect
324     upon approval by the governor, or the day following the constitutional time limit of Utah
325     Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
326     the date of veto override.
327          Section 3. Repeal date.
328          This bill is repealed on August 1, 2020.
329          Section 4. Revisor instructions.
330          The Legislature intends that the Office of Legislative Research and General Counsel, in
331     preparing the Utah Code database for publication, replace the phrase "the effective date of this
332     bill" with the actual effective date of this bill in Subsection 20A-1-309(6)(l).