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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 general election only, to conduct the election in a manner that
11 protects the public health and safety in relation to the COVID-19 pandemic, and
12 modifies ballot harvesting provisions in relation to all elections.
13 Highlighted Provisions:
14 This bill:
15 ▸ preempts conflicts between this bill and other provisions of the Utah Code,
16 emergency declarations, and other restrictions;
17 ▸ requires the lieutenant governor's office to:
18 • issue protocols to protect the health and safety of voters and government
19 employees, including poll workers, in the conduct of the 2020 regular general
20 election; and
21 • conduct a campaign to educate the public on the provisions of this bill and to
22 encourage voting by mail;
23 ▸ authorizes the lieutenant governor's office to make other modifications relating to
24 deadlines, locations, and methods of conducting the 2020 regular general election to
25 the extent the modifications are necessary to carry out the provisions of this bill;
26 ▸ modifies election notice provisions to inform voters of changes applicable to the
27 2020 regular general election;
28 ▸ modifies multiple provisions relating to the 2020 regular general election, including
29 that:
30 • the election will be conducted primarily by mail; and
31 • a county is required to provide in-person voting, for both early voting and on
32 election day, by traditional voting or outdoor voting;
33 ▸ lists several code provisions that are not in effect, or that are otherwise modified, for
34 the 2020 regular general election;
35 ▸ provides for accessible voting options for a voter with a disability for the 2020
36 regular general election;
37 ▸ modifies ballot harvesting provisions for all elections;
38 ▸ repeals all provisions of this bill, except the ballot harvesting provisions, on January
39 1, 2021; and
40 ▸ makes technical and conforming changes.
41 Money Appropriated in this Bill:
42 None
43 Other Special Clauses:
44 This bill provides a special effective date.
45 Utah Code Sections Affected:
46 AMENDS:
47 20A-3a-501, as renumbered and amended by Laws of Utah 2020, Chapter 31
48 63I-2-220, as last amended by Laws of Utah 2020, Chapters 31 and 49
49 ENACTS:
50 20A-1-310, Utah Code Annotated 1953
51
52 Be it enacted by the Legislature of the state of Utah:
53 Section 1. Section 20A-1-310 is enacted to read:
54 20A-1-310. Regular general election, 2020 -- COVID-19 measures.
55 (1) As used in this section, and for the 2020 regular general election:
56 (a) (i) "Building" means, except as provided in Subsection (1)(a)(ii), a structure that is
57 completely enclosed from the exterior by walls and a roof.
58 (ii) "Building" does not include a structure approved by the election officer for voters
59 to drive through the structure.
60 (b) (i) "Outdoor voting" means a voting procedure where the voter does not enter a
61 building at any time during the voting process.
62 (ii) "Outdoor voting" includes voting by:
63 (A) walking up to, or driving up to, an exterior window of a building;
64 (B) walking up to, or driving up to, an outdoor location; or
65 (C) driving through a structure approved by the election officer for voters to drive
66 through the structure.
67 (c) "Outdoor voting station" means a location described in Subsection (1)(b)(ii) where
68 outdoor voting occurs.
69 (d) "Polling place" means:
70 (i) a building where polling is conducted; or
71 (ii) an outdoor voting station.
72 (2) In relation to conducting the 2020 regular general election, the Legislature takes the
73 action described in this section to protect the public health and safety in relation to the
74 COVID-19 pandemic.
75 (3) If any provision of the Utah Code conflicts with a provision of this section, this
76 section prevails.
77 (4) Notwithstanding any emergency declaration issued under the authority of this state,
78 or any other restriction imposed by the governor, the Department of Health, a local
79 government, a local health department, or any other government entity of the state, and
80 consistent with the requirements of this section, the conduct of the 2020 regular general
81 election:
82 (a) subject to the provisions of this section, is an essential service, including voting,
83 voter registration, the mailing of ballots, the return of completed ballots, the processing of
84 ballots, the counting and tallying of votes, and the release of election results; and
85 (b) except as expressly provided in this section, is not prohibited or affected by the
86 emergency declaration or restriction.
87 (5) The lieutenant governor's office shall, in consultation with the county clerks and
88 consistent with the provisions of this section and other applicable requirements of law, issue
89 protocols to protect the health and safety of voters and government employees in the conduct of
90 the 2020 regular general election, including:
91 (a) requiring poll workers to use protective gear and to wash hands regularly;
92 (b) prohibiting ill poll workers from working; and
93 (c) promoting, to the extent practicable, social distancing between poll workers.
94 (6) The lieutenant governor's office shall conduct a campaign to:
95 (a) educate the public on the provisions of this section, especially provisions relating to
96 changes in the voter registration, voting methods, and voting process; and
97 (b) encourage voters to vote by mail rather than at an outdoor voting station.
98 (7) The lieutenant governor's office may make other modifications relating to
99 deadlines, locations, and methods of conducting the 2020 regular general election to the extent
100 the modifications are necessary to carry out the provisions of this section.
101 (8) For the 2020 regular general election only:
102 (a) a county shall:
103 (i) conduct the election primarily by mail;
104 (ii) provide in-person voting on election day and during early voting, via one or more
105 of the following in-person voting methods:
106 (A) traditional in-person voting at a polling location in a building; or
107 (B) outdoor voting;
108 (b) a covered voter, as defined in Section 20A-16-102, may vote in any manner
109 approved by the election officer;
110 (c) an election officer shall:
111 (i) provide a method of accessible voting to a voter with a disability who is not able to
112 vote by mail; and
113 (ii) include, on the election officer's website and with each ballot mailed, instructions
114 regarding how a voter described in Subsection (8)(c)(i) may vote;
115 (d) an individual assisting a voter described in Subsection (8)(c)(i) may vote at the
116 same time and place as the voter;
117 (e) the notice of election shall include the following statement: "To help prevent the
118 spread of the coronavirus, for the 2020 regular general election only:
119 • the election will be conducted primarily by mail;
120 • in-person voting will be available by [indicate the methods of in-person voting that
121 will be available in the county and a web address where an individual may obtain more
122 information about voting in-person];
123 • drop boxes will be available for depositing mail-in ballots until 8 p.m. on election
124 day; and
125 • registration by provisional ballot will be available at a polling place.
126 An individual with a disability who is not able to vote a manual ballot by mail may
127 obtain information on voting in an accessible manner from the county's website, by contacting
128 the county clerk, or by reviewing the information included with a ballot mailed to the voter.";
129 (f) subject to Subsection (9), the following are in effect in a county to the extent
130 in-person voting occurs via the methods of in-person voting in effect in the county:
131 (i) in relation to voter registration:
132 (A) Subsections 20A-2-102.5(2)(b) and (2)(c); and
133 (B) the portion of Subsections 20A-2-202(3)(b), 20A-2-204(6)(c)(iii),
134 20A-2-205(7)(b), and 20A-2-206(9)(b) following the words "pending election";
135 (ii) in relation to polling places:
136 (A) Sections 20A-3a-203, 20A-3a-402, 20A-4-101, 20A-4-102, 20A-4-103,
137 20A-5-403, 20A-5-404, 20A-5-406, 20A-5-407, and 20A-6-203;
138 (B) Subsections 20A-3a-201(1)(b) and (c), 20A-3a-202(2)(a)(iv), 20A-3a-209(1) and
139 (2), 20A-4-202(2)(a), 20A-5-102(2), 20A-5-205(2), and 20A-5-405(1)(i) and (3)(b)(ii);
140 (C) Subsections 20A-5-101(4)(b), (4)(c), (4)(e), and (6)(c)(iii);
141 (D) Subsections 20A-3a-204(2)(b)(i), (3), (4), (7), (8), and (9); and
142 (E) the portion of Subsection 20A-5-102(1)(c)(xiii) following the words "date of the
143 election";
144 (iii) in relation to an election day voting center, Chapter 3a, Part 7, Election Day
145 Voting Center, Subsection 20A-3a-202(2)(a)(iv) and (v) and (8)(a) and (b), and Subsection
146 20A-7-801(3)(e);
147 (iv) relating to early voting, Chapter 3a, Part 6, Early Voting, and Subsection
148 20A-3a-202(8)(c);
149 (v) registration by provisional ballot, described in Section 20A-2-207;
150 (vi) in relation to bond elections:
151 (A) Subsections 11-14-202(3), (4)(a)(ii), (4)(a)(iv), (4)(b), and (6); and
152 (B) the portion of Subsection 11-14-202(4)(a)(iii) following the words "election
153 officer's website";
154 (vii) in relation to in-person voter registration that occurs on or after the effective date
155 of this bill, Section 20A-2-201, Subsection 20A-2-304(1)(a), and Subsection 20A-2-307(2)(a);
156 (viii) in relation to a provisional ballot, the portion of Subsection 20A-3a-804(3)(b)(ii)
157 following the words "provisional ballot";
158 (ix) in relation to voting a provisional ballot in-person, Section 20A-3a-205; and
159 (x) in relation to a challenge at a polling place, Section 20A-3a-805;
160 (g) provisional ballots, described in Section 20A-3a-205, may only be cast:
161 (i) by mail;
162 (ii) at a polling location for in-person voting, to the extent the in-person voting occurs
163 via a method of in-person voting in effect in the county; or
164 (iii) for an individual with a disability, as otherwise authorized by the election officer;
165 (h) the statement described in Subsections 20A-5-101(4)(d) and 20A-7-702(1)(m) and
166 (1)(n) shall refer to the following:
167 (i) polling places, to the extent the in-person voting occurs via a method of in-person
168 voting in effect in the county; and
169 (ii) ballot drop boxes;
170 (i) the statement described in Subsection 20A-5-101(6)(b) shall state "A [indicate
171 election type] will be held in [indicate the jurisdiction] on [indicate date of election].
172 Information relating to the election, including ballot drop box locations, polling locations,
173 accessible options for voters with a disability, and qualifications of voters may be obtained
174 from the following sources:";
175 (j) notwithstanding Subsection 20A-3a-202(10), the election officer shall mail a
176 manual ballot to each active voter who is eligible to vote in the election, regardless of whether
177 the voter has requested that the election officer not send a ballot by mail to the voter;
178 (k) the election officer may modify the number of poll workers to an amount that the
179 election officer determines is appropriate and may alter or otherwise designate the duties of
180 poll workers in general, and of each individual poll worker;
181 (l) the election officer may reduce the number of watchers and alter or otherwise
182 regulate the placement and conduct of watchers as the election officer determines is
183 appropriate;
184 (m) Subsection 20A-2-102.5(2)(a)(i), relating to voter registration at the office of the
185 county clerk, is in effect only if permitted, and only to the extent permitted, by the election
186 officer;
187 (n) in relation to a ballot drop box, the words "in line at" in Subsection
188 20A-3a-204(2)(d) are replaced with the words "waiting in the vicinity of";
189 (o) in relation to assisting a voter, the words "or otherwise vote" are inserted
190 immediately after the words "enter a polling place" in Subsection 20A-3a-208(1);
191 (p) Section 20A-3a-301, relating to emergency ballots, is in effect only to the extent
192 that the process can be completed:
193 (i) by mail;
194 (ii) if approved by the lieutenant governor's office, by electronic means; or
195 (iii) in-person, if approved by the election officer;
196 (q) Subsection 20A-3a-804(1)(b), relating to a pre-election challenge to a voter, shall
197 be completed by mail;
198 (r) Subsection 20A-3a-804(4)(a) is not in effect, and the election officer is, instead,
199 required to determine whether each challenged individual is eligible to vote before the day on
200 which the canvass is held;
201 (s) the requirement in Subsection 20A-4-303(1)(b) regarding a public canvass may be
202 fulfilled by recording the canvass and making the recording available to the public;
203 (t) the posting requirements described in Subsections 20A-5-403.5(3)(b) and
204 20A-5-405(1)(h)(i) and (2)(c)(ii) are not in effect;
205 (u) the "in-person" requirement in Subsection 20A-7-609.5(3)(a)(i) is not in effect;
206 (v) any duty of care owed by a government entity in relation to voting at a polling place
207 is the sole responsibility of the county, not the state, but this section does not impose a duty of
208 care or other legal liability not already owed under the provisions of law;
209 (w) in Subsection 20A-3a-202(2)(a), the words "send or" are inserted immediately
210 before the word "mail"; and
211 (x) for a county where there is a significant risk that timely-mailed ballots may be
212 postmarked too late to be counted as valid, the county shall:
213 (i) work with the local post office to arrange for the post office to separate and
214 date-stamp the ballots in a manner that accurately reflects that the ballots were timely mailed;
215 or
216 (ii) place additional secure drop boxes in the county, starting at least two days before
217 the election, that will be emptied by poll workers at 8:00 pm on the day of the election.
218 (9) A county clerk may, consistent with the provisions of this section and the other
219 requirements of law that remain in effect for the 2020 regular general election, alter
220 requirements relating to a polling place to the extent necessary to address the practical
221 differences between outdoor voting and voting in a building.
222 (10) A county that provides outdoor voting:
223 (a) shall operate one or more outdoor voting stations:
224 (i) during early voting hours; and
225 (ii) during normal polling hours on election day;
226 (b) may not operate an outdoor voting station at any time other than a time described in
227 Subsection (10)(a);
228 (c) may permit a voter to access an outdoor voting station by walking up to the voting
229 station or driving up to the voting station;
230 (d) shall establish procedures and requirements to protect the health and welfare of
231 voters and poll workers at an outdoor voting station, including the use of protective gear;
232 (e) shall operate the outdoor voting station in a manner that permits a voter to vote in
233 one or more of the following manners:
234 (i) while remaining outside; or
235 (ii) while remaining in the voter's vehicle; and
236 (f) shall take measures to ensure that a voter's vote is secret and secure.
237 (11) An individual in line at an outdoor voting station at 8 p.m. on election day may
238 vote at the outdoor voting station.
239 (12) This section does not supersede a federal court order entered in relation to
240 elections in San Juan County.
241 Section 2. Section 20A-3a-501 is amended to read:
242 20A-3a-501. Prohibited conduct at polling place -- Other prohibited activities.
243 (1) As used in this section:
244 (a) "electioneering" includes any oral, printed, or written attempt to persuade persons to
245 refrain from voting or to vote for or vote against any candidate or issue; and
246 (b) "polling place" means the physical place where ballots are cast and includes the
247 physical place where a ballot drop box is located.
248 (2) (a) An individual may not, within a polling place or in any public area within 150
249 feet of the building where a polling place is located:
250 (i) do any electioneering;
251 (ii) circulate cards or handbills of any kind;
252 (iii) solicit signatures to any kind of petition; or
253 (iv) engage in any practice that interferes with the freedom of voters to vote or disrupts
254 the administration of the polling place.
255 (b) A county, municipality, school district, or local district may not prohibit
256 electioneering that occurs more than 150 feet from the building where a polling place is
257 located, but may regulate the place and manner of that electioneering to protect the public
258 safety.
259 (3) (a) An individual may not obstruct the doors or entries to a building in which a
260 polling place is located or prevent free access to and from any polling place.
261 (b) A sheriff, deputy sheriff, or municipal law enforcement officer shall prevent the
262 obstruction of the entrance to a polling place and may arrest an individual creating an
263 obstruction.
264 (4) An individual may not solicit any voter to show the voter's ballot.
265 [
266
267 (5) (a) An individual may not knowingly possess or control another individual's voted
268 manual ballot, unless:
269 (i) the individual is an election official or postal worker acting in the capacity of an
270 election official or postal worker;
271 (ii) the individual possesses or controls the voted ballot in accordance with Section
272 20A-3a-301, relating to emergency ballots;
273 (iii) the possession or control is authorized in order to deliver a military-overseas ballot
274 in accordance with Chapter 16, Uniform Military and Overseas Voting Act;
275 (iv) subject to Section 20A-3a-208, the individual is authorized by a voter to possess or
276 control the voter's voted ballot if the voter needs assistance delivering the ballot due to the
277 voter's age, illness, or disability; or
278 (v) the individual resides in the same household as the voter.
279 (b) A violation of Subsection (5)(a) does not invalidate the ballot.
280 (6) An individual who violates any provision of this section is, in addition to the
281 penalties described in Subsections 20A-1-609(2) and (3), guilty of a class A misdemeanor.
282 (7) A political subdivision may not prohibit political signs that are located more than
283 150 feet away from a polling place, but may regulate their placement to protect public safety.
284 Section 3. Section 63I-2-220 is amended to read:
285 63I-2-220. Repeal dates -- Title 20A.
286 (1) On January 1, 2021:
287 (a) Subsection 20A-1-201.5(1), the language that states "Except as provided in
288 Subsection (4)," is repealed.
289 (b) Subsection 20A-1-201.5(4) is repealed.
290 (c) Subsections 20A-1-204(1)(a)(i) through (iii) are repealed and replaced with the
291 following:
292 "(i) the fourth Tuesday in June; or
293 (ii) the first Tuesday after the first Monday in November.".
294 (d) In Subsections 20A-1-503(4)(c), 20A-9-202(3)(a), 20A-9-403(3)(d)(ii),
295 20A-9-407(5) and (6)(a), and 20A-9-408(5), immediately following the reference to Subsection
296 20A-9-202(1)(b), the language that states "(i) or (ii)" is repealed.
297 (e) Subsection 20A-9-202(1)(b) is repealed and replaced with the following:
298 "(b) Unless expressly provided otherwise in this title, for a registered political party
299 that is not a qualified political party, the deadline for filing a declaration of candidacy for an
300 elective office that is to be filled at the next regular general election is 5 p.m. on the first
301 Monday after the third Saturday in April.";
302 (f) Subsection 20A-9-409(4)(c) is repealed and replaced with the following:
303 "(c) The deadline described in Subsection (4)(b) is 5 p.m. on the first Wednesday after
304 the third Saturday in April.".
305 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
306 (3) Section 20A-5-804 is repealed July 1, 2023.
307 (4) On January 1, 2026:
308 (a) In Subsection 20A-1-102(18)(a), the language that states "or [
309 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
310 (b) In Subsections 20A-1-303(1)(a) and (b), the language that states "Except as
311 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
312 repealed.
313 (c) In Section 20A-1-304, the language that states "Except for a race conducted by
314 instant runoff voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
315 Pilot Project," is repealed.
316 (d) In Subsection 20A-3a-204(1)(a), (c), or (d), the language that states "except as
317 provided in Subsection (6)," is repealed.
318 (e) Subsection 20A-3a-204 (5)(b), the language that states "subject to Subsection (6),"
319 is repealed.
320 (f) Subsection 20A-3a-204(6) is repealed and the remaining subsections in Section
321 20A-3a-204 are renumbered accordingly.
322 (g) In Subsection 20A-4-101(2)(c), the language that states "Except as provided in
323 Subsection (2)(f)," is repealed.
324 (h) Subsection 20A-4-101(2)(f) is repealed.
325 (i) Subsection 20A-4-101(3) is repealed and replaced with the following:
326 "(3) To resolve questions that arise during the counting of ballots, a counting judge
327 shall apply the standards and requirements of Section 20A-4-105.".
328 (j) In Subsection 20A-4-102(1)(b), the language that states "or a rule made under
329 Subsection 20A-4-101(2)(f)(i)" is repealed.
330 (k) Subsection 20A-4-102(1)(c) is repealed and replaced with the following:
331 "(b) To resolve questions that arise during the counting of ballots, a counting judge
332 shall apply the standards and requirements of Section 20A-4-105.".
333 (l) In Subsection 20A-4-102(6)(a), the language that states ", except as provided in
334 [
335 made under Subsection 20A-4-101(2)(f)(i)" is repealed.
336 (m) In Subsection 20A-4-105(1)(a), the language that states ", except as otherwise
337 provided in [
338 is repealed.
339 (n) In Subsection 20A-4-105(2), the language that states "Subsection 20A-3a-204(6),
340 or [
341 repealed.
342 (o) In Subsections 20A-4-105(3), (4), and (11), the language that states "Except as
343 otherwise provided in [
344 Pilot Project," is repealed.
345 (p) In Subsection 20A-4-106(2), the language that states "or Title 20A, Chapter 4, Part
346 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
347 (q) In Subsection 20A-4-304(1)(a), the language that states "except as provided in
348 [
349 (r) Subsection 20A-4-304(2)(e) is repealed and replaced with the following:
350 "(v) from each voting precinct:
351 (A) the number of votes for each candidate; and
352 (B) the number of votes for and against each ballot proposition;".
353 (s) Subsection 20A-4-401(1)(a) is repealed, the remaining subsections in Subsection
354 (1) are renumbered accordingly, and the cross-references to those subsections are renumbered
355 accordingly.
356 (t) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
357 repealed.
358 (u) Subsections 20A-5-400.1(1)(c) and (d), relating to contracting with a local political
359 subdivision to conduct an election, is repealed.
360 (v) In Section 20A-5-802, relating to the certification of voting equipment:
361 (i) delete "Except as provided in Subsection (2)(b)(ii):" from the beginning of
362 Subsection (2); and
363 (ii) Subsection (2)(b)(ii) is repealed, and the remaining subsections are renumbered
364 accordingly.
365 (w) Section 20A-6-203.5 is repealed.
366 (x) In Subsections 20A-6-402(1) and (2), the language that states "Except as otherwise
367 required for a race conducted by instant runoff voting under Title 20A, Chapter 4, Part 6,
368 Municipal Alternate Voting Methods Pilot Project," is repealed.
369 (y) In Subsection 20A-9-203(3)(a)(i), the language that states "or Title 20A, Chapter 4,
370 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
371 (z) In Subsection 20A-9-203(3)(c)(i), the language that states "except as provided in
372 Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is repealed.
373 (aa) In Subsection 20A-9-404(1)(a), the language that states "or Title 20A, Chapter 4,
374 Part 6, Municipal Alternate Voting Methods Pilot Project" is repealed.
375 (bb) In Subsection 20A-9-404(2), the language that states "Except as otherwise
376 provided in Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project," is
377 repealed.
378 (5) Section 20A-7-407 is repealed January 1, 2021.
379 (6) Section 20A-1-310 is repealed January 1, 2021.
380 Section 4. Effective date.
381 If approved by two-thirds of all the members elected to each house, this bill takes effect
382 upon approval by the governor, or the day following the constitutional time limit of Utah
383 Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
384 the date of veto override.