1     
BALLOT TRACKING AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Dan N. Johnson

5     
Senate Sponsor: Scott D. Sandall

6     Cosponsors:
7     Melissa G. Ballard
8     Joel Ferry
9     Craig Hall
Suzanne Harrison
Steven J. Lund
Michael J. Petersen
Paul Ray
Douglas V. Sagers
Steve Waldrip

10     

11     LONG TITLE
12     General Description:
13          This bill makes changes to the Election Code regarding the tracking of certain ballots.
14     Highlighted Provisions:
15          This bill:
16          ▸     defines terms;
17          ▸     requires the lieutenant governor to create a system that:
18               •     tracks all ballots that are mailed or deposited in ballot drop boxes; and
19               •     allows a voter to choose to receive text message or email notifications regarding
20     the status of the voter's trackable ballot;
21          ▸     requires the lieutenant governor to maintain a website by which a voter may confirm
22     the status of the voter's trackable ballot; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:

29     AMENDS:
30          20A-2-104, as last amended by Laws of Utah 2020, Chapter 255
31          20A-2-108, as last amended by Laws of Utah 2020, Chapters 31 and 255
32          20A-2-304, as last amended by Laws of Utah 2020, Chapter 31
33          20A-2-306, as last amended by Laws of Utah 2020, Chapter 255
34          20A-3a-202, as last amended by Laws of Utah 2020, Chapter 354 and renumbered and
35     amended by Laws of Utah 2020, Chapter 31
36          20A-6-105, as last amended by Laws of Utah 2020, Chapters 31 and 255
37          20A-7-801, as last amended by Laws of Utah 2020, Chapters 31 and 401
38          20A-16-501, as enacted by Laws of Utah 2011, Chapter 327
39          63G-2-302, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
40     ENACTS:
41          20A-3a-401.5, Utah Code Annotated 1953
42     

43     Be it enacted by the Legislature of the state of Utah:
44          Section 1. Section 20A-2-104 is amended to read:
45          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
46          (1) (a) As used in this section:
47          (i) "Candidate for public office" means an individual:
48          (A) who files a declaration of candidacy for a public office;
49          (B) who files a notice of intent to gather signatures under Section 20A-9-408; or
50          (C) employed by, under contract with, or a volunteer of, an individual described in
51     Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
52          (ii) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
53     the federal Violence Against Women Act of 1994, as amended.
54          (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1
55     and the federal Violence Against Women Act of 1994, as amended.
56          (b) An individual applying for voter registration, or an individual preregistering to

57     vote, shall complete a voter registration form in substantially the following form:
58     -----------------------------------------------------------------------------------------------------------------
59     
UTAH ELECTION REGISTRATION FORM

60     Are you a citizen of the United States of America?                    Yes     No
61     If you checked "no" to the above question, do not complete this form.
62     Will you be 18 years of age on or before election day?          Yes     No
63     If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
64     vote?                                                  Yes     No
65     If you checked "no" to both of the prior two questions, do not complete this form.
66     Name of Voter
67     _________________________________________________________________
68                         First                Middle            Last
69     Utah Driver License or Utah Identification Card Number____________________________
70     Date of Birth ______________________________________________________
71     Street Address of Principal Place of Residence
72     ____________________________________________________________________________
73          City            County            State            Zip Code
74     Telephone Number (optional) _________________________
75     Email Address (optional) _____________________________________________
76     Last four digits of Social Security Number ______________________
77     Last former address at which I was registered to vote (if
78     known)__________________________
79     ____________________________________________________________________________
80          City               County               State           Zip Code
81     Political Party
82     (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
83     the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
84      ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________

85          I do swear (or affirm), subject to penalty of law for false statements, that the
86     information contained in this form is true, and that I am a citizen of the United States and a
87     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
88     am preregistering to vote in a later election, I will be at least 18 years of age and will have
89     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
90     currently incarcerated for commission of a felony.
91          Signed and sworn
92          __________________________________________________________
93                              Voter's Signature
94          _______________(month/day/year).
95     
PRIVACY INFORMATION

96          Voter registration records contain some information that is available to the public, such
97     as your name and address, some information that is available only to government entities, and
98     some information that is available only to certain third parties in accordance with the
99     requirements of law.
100          Your driver license number, identification card number, social security number, email
101     address, [and] full date of birth, and phone number are available only to government entities.
102     Your year of birth is available to political parties, candidates for public office, certain third
103     parties, and their contractors, employees, and volunteers, in accordance with the requirements
104     of law.
105          You may request that all information on your voter registration records be withheld
106     from all persons other than government entities, political parties, candidates for public office,
107     and their contractors, employees, and volunteers, by indicating here:
108          _____ Yes, I request that all information on my voter registration records be withheld
109     from all persons other than government entities, political parties, candidates for public office,
110     and their contractors, employees, and volunteers.
111     
REQUEST FOR ADDITIONAL PRIVACY PROTECTION

112          In addition to the protections provided above, you may request that all information on

113     your voter registration records be withheld from all political parties, candidates for public
114     office, and their contractors, employees, and volunteers, by submitting a withholding request
115     form, and any required verification, as described in the following paragraphs.
116          A person may request that all information on the person's voter registration records be
117     withheld from all political parties, candidates for public office, and their contractors,
118     employees, and volunteers, by submitting a withholding request form with this registration
119     record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
120     resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
121          A person may request that all information on the person's voter registration records be
122     withheld from all political parties, candidates for public office, and their contractors,
123     employees, and volunteers, by submitting a withholding request form and any required
124     verification with this registration form, or to the lieutenant governor or a county clerk, if the
125     person is, or resides with a person who is, a law enforcement officer, a member of the armed
126     forces, a public figure, or protected by a protective order or a protection order.
127     
CITIZENSHIP AFFIDAVIT

128     Name:
129     Name at birth, if different:
130     Place of birth:
131     Date of birth:
132     Date and place of naturalization (if applicable):
133          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
134     citizen and that to the best of my knowledge and belief the information above is true and
135     correct.
136     ____________________________
137     Signature of Applicant
138          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
139     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
140     register or preregister to vote is up to one year in jail and a fine of up to $2,500.

141     NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
142     VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
143     BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
144     PHOTOGRAPH; OR
145     TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
146     CURRENT ADDRESS.
147     FOR OFFICIAL USE ONLY
148                                   Type of I.D. ____________________________
149                                   Voting Precinct _________________________
150                                   Voting I.D. Number _____________________
151     ------------------------------------------------------------------------------------------------------------------
152          (c) Beginning May 1, 2022, the voter registration form described in Subsection (1)(b)
153     shall include a section in substantially the following form:
154     ------------------------------------------------------------------------------------------------------------------
155     
BALLOT NOTIFICATIONS

156          If you have provided a phone number or email address, you can receive notifications by
157     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
158     deposit in the mail or in a ballot drop box, by indicating here:
159          ______ Yes, I would like to receive electronic notifications regarding the status of my
160     ballot.
161     ------------------------------------------------------------------------------------------------------------------
162          (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
163     of each voter registration form in a permanent countywide alphabetical file, which may be
164     electronic or some other recognized system.
165          (b) The county clerk may transfer a superseded voter registration form to the Division
166     of Archives and Records Service created under Section 63A-12-101.
167          (3) (a) Each county clerk shall retain lists of currently registered voters.
168          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.

169          (c) If there are any discrepancies between the two lists, the county clerk's list is the
170     official list.
171          (d) The lieutenant governor and the county clerks may charge the fees established
172     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
173     the list of registered voters.
174          (4) (a) As used in this Subsection (4), "qualified person" means:
175          (i) a government official or government employee acting in the government official's or
176     government employee's capacity as a government official or a government employee;
177          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
178     independent contractor of a health care provider;
179          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
180     independent contractor of an insurance company;
181          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
182     independent contractor of a financial institution;
183          (v) a political party, or an agent, employee, or independent contractor of a political
184     party;
185          (vi) a candidate for public office, or an employee, independent contractor, or volunteer
186     of a candidate for public office; or
187          (vii) a person, or an agent, employee, or independent contractor of the person, who:
188          (A) provides the year of birth of a registered voter that is obtained from the list of
189     registered voters only to a person who is a qualified person;
190          (B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
191     birth that is obtained from the list of registered voters is provided, is a qualified person;
192          (C) ensures, using industry standard security measures, that the year of birth of a
193     registered voter that is obtained from the list of registered voters may not be accessed by a
194     person other than a qualified person;
195          (D) verifies that each qualified person, other than a qualified person described in
196     Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered

197     voter that is obtained from the list of registered voters, will only use the year of birth to verify
198     the accuracy of personal information submitted by an individual or to confirm the identity of a
199     person in order to prevent fraud, waste, or abuse;
200          (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
201     person provides the year of birth of a registered voter that is obtained from the list of registered
202     voters, will only use the year of birth in the qualified person's capacity as a government official
203     or government employee; and
204          (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
205     whom the person provides the year of birth of a registered voter that is obtained from the list of
206     registered voters, will only use the year of birth for a political purpose of the political party or
207     candidate for public office.
208          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
209     Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
210     providing the list of registered voters to a qualified person under this section, include, with the
211     list, the years of birth of the registered voters, if:
212          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
213     the person is a qualified person; and
214          (ii) the qualified person signs a document that includes the following:
215          (A) the name, address, and telephone number of the person requesting the list of
216     registered voters;
217          (B) an indication of the type of qualified person that the person requesting the list
218     claims to be;
219          (C) a statement regarding the purpose for which the person desires to obtain the years
220     of birth;
221          (D) a list of the purposes for which the qualified person may use the year of birth of a
222     registered voter that is obtained from the list of registered voters;
223          (E) a statement that the year of birth of a registered voter that is obtained from the list
224     of registered voters may not be provided or used for a purpose other than a purpose described

225     under Subsection (4)(b)(ii)(D);
226          (F) a statement that if the person obtains the year of birth of a registered voter from the
227     list of registered voters under false pretenses, or provides or uses the year of birth of a
228     registered voter that is obtained from the list of registered voters in a manner that is prohibited
229     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
230          (G) an assertion from the person that the person will not provide or use the year of
231     birth of a registered voter that is obtained from the list of registered voters in a manner that is
232     prohibited by law; and
233          (H) notice that if the person makes a false statement in the document, the person is
234     punishable by law under Section 76-8-504.
235          (c) The lieutenant governor or a county clerk may not disclose the year of birth of a
236     registered voter to a person that the lieutenant governor or county clerk reasonably believes:
237          (i) is not a qualified person or a person described in Subsection (4)(l); or
238          (ii) will provide or use the year of birth in a manner prohibited by law.
239          (d) The lieutenant governor or a county clerk may not disclose the voter registration
240     form of a person, or information included in the person's voter registration form, whose voter
241     registration form is classified as private under Subsection (4)(h) to a person other than:
242          (i) a government official or government employee acting in the government official's or
243     government employee's capacity as a government official or government employee; or
244          (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
245     described in Subsection (4)(a)(v) or (vi) for a political purpose.
246          (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
247     governor or county clerk shall exclude the information described in Subsection
248     63G-2-302(1)(j), other than the year of birth.
249          (f) The lieutenant governor or a county clerk may not disclose a withholding request
250     form, described in Subsections (7) and (8), submitted by an individual, or information obtained
251     from that form, to a person other than a government official or government employee acting in
252     the government official's or government employee's capacity as a government official or

253     government employee.
254          (g) A person is guilty of a class A misdemeanor if the person:
255          (i) obtains the year of birth of a registered voter from the list of registered voters under
256     false pretenses;
257          (ii) uses or provides the year of birth of a registered voter that is obtained from the list
258     of registered voters in a manner that is not permitted by law;
259          (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
260     false pretenses;
261          (iv) uses or provides information obtained from a voter registration record described in
262     Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
263          (v) unlawfully discloses or obtains a voter registration record withheld under
264     Subsection (7) or a withholding request form described in Subsections (7) and (8); or
265          (vi) unlawfully discloses or obtains information from a voter registration record
266     withheld under Subsection (7) or a withholding request form described in Subsections (7) and
267     (8).
268          (h) The lieutenant governor or a county clerk shall classify the voter registration record
269     of a voter as a private record if the voter:
270          (i) submits a written application, created by the lieutenant governor, requesting that the
271     voter's voter registration record be classified as private;
272          (ii) requests on the voter's voter registration form that the voter's voter registration
273     record be classified as a private record; or
274          (iii) submits a withholding request form described in Subsection (7) and any required
275     verification.
276          (i) The lieutenant governor or a county clerk may not disclose to a person described in
277     Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
278     registration record, if the record is withheld under Subsection (7).
279          (j) In addition to any criminal penalty that may be imposed under this section, the
280     lieutenant governor may impose a civil fine against a person who violates a provision of this

281     section, in an amount equal to the greater of:
282          (i) the product of 30 and the square root of the total number of:
283          (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
284     dollar; or
285          (B) records from which information is obtained, provided, or used unlawfully, rounded
286     to the nearest whole dollar; or
287          (ii) $200.
288          (k) A qualified person may not obtain, provide, or use the year of birth of a registered
289     voter, if the year of birth is obtained from the list of registered voters or from a voter
290     registration record, unless the person:
291          (i) is a government official or government employee who obtains, provides, or uses the
292     year of birth in the government official's or government employee's capacity as a government
293     official or government employee;
294          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
295     uses the year of birth only to verify the accuracy of personal information submitted by an
296     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
297          (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
298     provides, or uses the year of birth for a political purpose of the political party or candidate for
299     public office; or
300          (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
301     uses the year of birth to provide the year of birth to another qualified person to verify the
302     accuracy of personal information submitted by an individual or to confirm the identity of a
303     person in order to prevent fraud, waste, or abuse.
304          (l) The lieutenant governor or a county clerk may provide a year of birth to a member
305     of the media, in relation to an individual designated by the member of the media, in order for
306     the member of the media to verify the identity of the individual.
307          (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
308     information from a voter registration record for a purpose other than a political purpose.

309          (5) When political parties not listed on the voter registration form qualify as registered
310     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
311     lieutenant governor shall inform the county clerks of the name of the new political party and
312     direct the county clerks to ensure that the voter registration form is modified to include that
313     political party.
314          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
315     clerk's designee shall:
316          (a) review each voter registration form for completeness and accuracy; and
317          (b) if the county clerk believes, based upon a review of the form, that an individual
318     may be seeking to register or preregister to vote who is not legally entitled to register or
319     preregister to vote, refer the form to the county attorney for investigation and possible
320     prosecution.
321          (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
322     person described in Subsection (4)(a)(i), the voter registration record, and information obtained
323     from the voter registration record, of an individual:
324          (a) who submits a withholding request form, with the voter registration record or to the
325     lieutenant governor or a county clerk, if:
326          (i) the individual indicates on the form that the individual, or an individual who resides
327     with the individual, is a victim of domestic violence or dating violence or is likely to be a
328     victim of domestic violence or dating violence; or
329          (ii) the individual indicates on the form and provides verification that the individual, or
330     an individual who resides with the individual, is:
331          (A) a law enforcement officer;
332          (B) a member of the armed forces, as defined in Section 20A-1-513;
333          (C) a public figure; or
334          (D) protected by a protective order or protection order; or
335          (b) whose voter registration record was classified as a private record at the request of
336     the individual before May 12, 2020.

337          (8) (a) The lieutenant governor shall design and distribute the withholding request form
338     described in Subsection (7) to each election officer and to each agency that provides a voter
339     registration form.
340          (b) An individual described in Subsection (7)(a)(i) is not required to provide
341     verification, other than the individual's attestation and signature on the withholding request
342     form, that the individual, or an individual who resides with the individual, is a victim of
343     domestic violence or dating violence or is likely to be a victim of domestic violence or dating
344     violence.
345          (c) The director of elections within the Office of the Lieutenant Governor shall make
346     rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
347     establishing requirements for providing the verification described in Subsection (7)(a)(ii).
348          (9) An election officer or an employee of an election officer may not encourage an
349     individual to submit, or discourage an individual from submitting, a withholding request form.
350          Section 2. Section 20A-2-108 is amended to read:
351          20A-2-108. Driver license or state identification card registration form --
352     Transmittal of information.
353          (1) As used in this section, "qualifying form" means:
354          (a) a driver license application form; or
355          (b) a state identification card application form.
356          (2) The lieutenant governor and the Driver License Division shall design each
357     qualifying form to include:
358          (a) the following question, which an applicant is required to answer: "Do you authorize
359     the use of information in this form for voter registration purposes? YES____ NO____"; [and]
360          (b) the following statement:
361     
"PRIVACY INFORMATION

362          Voter registration records contain some information that is available to the public, such
363     as your name and address, some information that is available only to government entities, and
364     some information that is available only to certain third parties in accordance with the

365     requirements of law.
366          Your driver license number, identification card number, social security number, email
367     address, [and] full date of birth, and phone number are available only to government entities.
368     Your year of birth is available to political parties, candidates for public office, certain third
369     parties, and their contractors, employees, and volunteers, in accordance with the requirements
370     of law.
371          You may request that all information on your voter registration records be withheld
372     from all persons other than government entities, political parties, candidates for public office,
373     and their contractors, employees, and volunteers, by indicating here:
374          _____ Yes, I request that all information on my voter registration records be withheld
375     from all persons other than government entities, political parties, candidates for public office,
376     and their contractors, employees, and volunteers.
377     
REQUEST FOR ADDITIONAL PRIVACY PROTECTION

378          In addition to the protections provided above, you may request that all information on
379     your voter registration records be withheld from all political parties, candidates for public
380     office, and their contractors, employees, and volunteers, by submitting a withholding request
381     form, and any required verification, as described in the following paragraphs.
382          A person may request that all information on the person's voter registration records be
383     withheld from all political parties, candidates for public office, and their contractors,
384     employees, and volunteers, by submitting a withholding request form with this registration
385     record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
386     resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
387          A person may request that all information on the person's voter registration records be
388     withheld from all political parties, candidates for public office, and their contractors,
389     employees, and volunteers, by submitting a withholding request form and any required
390     verification with this registration form, or to the lieutenant governor or a county clerk, if the
391     person is, or resides with a person who is, a law enforcement officer, a member of the armed
392     forces, a public figure, or protected by a protective order or a protection order."; and

393          (c) beginning May 1, 2022, a section in substantially the following form:
394     ------------------------------------------------------------------------------------------------------------------
395     
BALLOT NOTIFICATIONS

396          If you have provided a phone number or email address, you can receive notifications by
397     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
398     deposit in the mail or in a ballot drop box, by indicating here:
399          ______ Yes, I would like to receive electronic notifications regarding the status of my
400     ballot.
401     ------------------------------------------------------------------------------------------------------------------
402          (3) The lieutenant governor and the Driver License Division shall ensure that a
403     qualifying form contains:
404          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
405     Utah residency, and that the information provided in the form is true;
406          (b) a records disclosure that is similar to the records disclosure on a voter registration
407     form described in Section 20A-2-104;
408          (c) a statement that if an applicant declines to register or preregister to vote, the fact
409     that the applicant has declined to register or preregister will remain confidential and will be
410     used only for voter registration purposes;
411          (d) a statement that if an applicant does register or preregister to vote, the office at
412     which the applicant submits a voter registration application will remain confidential and will be
413     used only for voter registration purposes; and
414          (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
415     where an individual may, if desired:
416          (i) indicate the individual's desired political affiliation from a listing of each registered
417     political party, as defined in Section 20A-8-101;
418          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
419     individual desires to affiliate; or
420          (iii) indicate that the individual does not wish to affiliate with a political party.

421          Section 3. Section 20A-2-304 is amended to read:
422          20A-2-304. County clerk's responsibilities -- Notice of disposition.
423          Each county clerk shall:
424          (1) register to vote each individual who meets the requirements for registration and
425     who:
426          (a) submits a completed voter registration form to the county clerk;
427          (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
428     the Driver License Division;
429          (c) submits a completed voter registration form to a public assistance agency or a
430     discretionary voter registration agency; or
431          (d) mails a completed voter registration form to the county clerk; and
432          (2) within 30 days after the day on which the county clerk processes a voter registration
433     form, send a notice to the individual who submits the form that:
434          (a) (i) informs the individual that the individual's voter registration form has been
435     accepted and that the individual is registered to vote;
436          (ii) informs the individual of the procedure for designating or changing the individual's
437     political affiliation; [and]
438          (iii) informs the individual of the procedure to cancel a voter registration; and
439          (iv) after May 1, 2022:
440          (A) confirms that the individual has chosen to receive electronic ballot status
441     notifications if the individual opted to receive electronic ballot status notifications on the voter
442     registration form; or
443          (B) notifies the individual how to receive electronic ballot status notifications if the
444     individual did not opt to receive electronic ballot status notifications on the voter registration
445     form;
446          (b) informs the individual that the individual's voter registration form has been rejected
447     and the reason for the rejection; or
448          (c) (i) informs the individual that the individual's voter registration form is being

449     returned to the individual for further action because the form is incomplete; and
450          (ii) gives instructions to the individual on how to properly complete the form.
451          Section 4. Section 20A-2-306 is amended to read:
452          20A-2-306. Removing names from the official register -- Determining and
453     confirming change of residence.
454          (1) A county clerk may not remove a voter's name from the official register on the
455     grounds that the voter has changed residence unless the voter:
456          (a) confirms in writing that the voter has changed residence to a place outside the
457     county; or
458          (b) (i) has not voted in an election during the period beginning on the date of the notice
459     required by Subsection (3), and ending on the day after the date of the second regular general
460     election occurring after the date of the notice; and
461          (ii) has failed to respond to the notice required by Subsection (3).
462          (2) (a) When a county clerk obtains information that a voter's address has changed and
463     it appears that the voter still resides within the same county, the county clerk shall:
464          (i) change the official register to show the voter's new address; and
465          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
466     printed on a postage prepaid, preaddressed return form.
467          (b) When a county clerk obtains information that a voter's address has changed and it
468     appears that the voter now resides in a different county, the county clerk shall verify the
469     changed residence by sending to the voter, by forwardable mail, the notice required by
470     Subsection (3) printed on a postage prepaid, preaddressed return form.
471          (3) (a) Each county clerk shall use substantially the following form to notify voters
472     whose addresses have changed:
473          "VOTER REGISTRATION NOTICE
474          We have been notified that your residence has changed. Please read, complete, and
475     return this form so that we can update our voter registration records. What is your current
476     street address?

477     ___________________________________________________________________________
478     Street                      City                County          State          Zip
479          What is your current phone number (optional)?________________________________
480          What is your current email address (optional)?_________________________________
481          If you have not changed your residence or have moved but stayed within the same
482     county, you must complete and return this form to the county clerk so that it is received by the
483     county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
484     return this form within that time:
485          - you may be required to show evidence of your address to the poll worker before being
486     allowed to vote in either of the next two regular general elections; or
487          - if you fail to vote at least once from the date this notice was mailed until the passing
488     of two regular general elections, you will no longer be registered to vote. If you have changed
489     your residence and have moved to a different county in Utah, you may register to vote by
490     contacting the county clerk in your county.
491     ________________________________________
492     Signature of Voter
493     
PRIVACY INFORMATION

494          Voter registration records contain some information that is available to the public, such
495     as your name and address, some information that is available only to government entities, and
496     some information that is available only to certain third parties in accordance with the
497     requirements of law.
498          Your driver license number, identification card number, social security number, email
499     address, [and] full date of birth, and phone number are available only to government entities.
500     Your year of birth is available to political parties, candidates for public office, certain third
501     parties, and their contractors, employees, and volunteers, in accordance with the requirements
502     of law.
503          You may request that all information on your voter registration records be withheld
504     from all persons other than government entities, political parties, candidates for public office,

505     and their contractors, employees, and volunteers, by indicating here:
506          _____ Yes, I request that all information on my voter registration records be withheld
507     from all persons other than government entities, political parties, candidates for public office,
508     and their contractors, employees, and volunteers.
509     
REQUEST FOR ADDITIONAL PRIVACY PROTECTION

510          In addition to the protections provided above, you may request that all information on
511     your voter registration records be withheld from all political parties, candidates for public
512     office, and their contractors, employees, and volunteers, by submitting a withholding request
513     form, and any required verification, as described in the following paragraphs.
514          A person may request that all information on the person's voter registration records be
515     withheld from all political parties, candidates for public office, and their contractors,
516     employees, and volunteers, by submitting a withholding request form with this registration
517     record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
518     resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
519          A person may request that all information on the person's voter registration records be
520     withheld from all political parties, candidates for public office, and their contractors,
521     employees, and volunteers, by submitting a withholding request form and any required
522     verification with this registration form, or to the lieutenant governor or a county clerk, if the
523     person is, or resides with a person who is, a law enforcement officer, a member of the armed
524     forces, a public figure, or protected by a protective order or a protection order."
525          (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
526     section in substantially the following form:
527     ------------------------------------------------------------------------------------------------------------------
528     
BALLOT NOTIFICATIONS

529          If you have provided a phone number or email address, you can receive notifications by
530     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
531     deposit in the mail or in a ballot drop box, by indicating here:
532          ______ Yes, I would like to receive electronic notifications regarding the status of my

533     ballot.
534     ------------------------------------------------------------------------------------------------------------------
535          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
536     names of any voters from the official register during the 90 days before a regular primary
537     election and the 90 days before a regular general election.
538          (b) The county clerk may remove the names of voters from the official register during
539     the 90 days before a regular primary election and the 90 days before a regular general election
540     if:
541          (i) the voter requests, in writing, that the voter's name be removed; or
542          (ii) the voter has died.
543          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
544     may list that voter as inactive.
545          (ii) If a county clerk receives a returned voter identification card, determines that there
546     was no clerical error causing the card to be returned, and has no further information to contact
547     the voter, the county clerk may list that voter as inactive.
548          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
549     privileges of a registered voter.
550          (iv) A county is not required to send routine mailings to an inactive voter and is not
551     required to count inactive voters when dividing precincts and preparing supplies.
552          Section 5. Section 20A-3a-202 is amended to read:
553          20A-3a-202. Conducting election by mail.
554          (1) Except as otherwise provided for an election conducted entirely by mail under
555     Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
556     accordance with this section.
557          (2) An election officer who administers an election:
558          (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
559     and no later than seven days before election day, mail to each active voter within a voting
560     precinct:

561          (i) a manual ballot;
562          (ii) a return envelope;
563          (iii) instructions for returning the ballot that include an express notice about any
564     relevant deadlines that the voter must meet in order for the voter's vote to be counted;
565          (iv) for an election administered by a county clerk, information regarding the location
566     and hours of operation of any election day voting center at which the voter may vote or a
567     website address where the voter may view this information; [and]
568          (v) for an election administered by an election officer other than a county clerk, if the
569     election officer does not operate a polling location or an election day voting center, a warning,
570     on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
571     the instructions included with the ballot, the voter will be unable to vote in that election
572     because there will be no polling place for the voting precinct on the day of the election; and
573          (vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
574     ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5; and
575          (b) may not mail a ballot under this section to:
576          (i) an inactive voter, unless the inactive voter requests a manual ballot; or
577          (ii) a voter whom the election officer is prohibited from sending a ballot under
578     Subsection (10)(c)(ii).
579          (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
580     the manual ballot to the address:
581          (i) provided at the time of registration; or
582          (ii) if, at or after the time of registration, the voter files an alternate address request
583     form described in Subsection (3)(b), the alternate address indicated on the form.
584          (b) The lieutenant governor shall make available to voters an alternate address request
585     form that permits a voter to request that the election officer mail the voter's ballot to a location
586     other than the voter's residence.
587          (c) A voter shall provide the completed alternate address request form to the election
588     officer no later than 11 days before the day of the election.

589          (4) The return envelope shall include:
590          (a) the name, official title, and post office address of the election officer on the front of
591     the envelope;
592          (b) a space where a voter may write an email address and phone number by which the
593     election officer may contact the voter if the voter's ballot is rejected;
594          (c) a printed affidavit in substantially the following form:
595          "County of ____State of ____
596          I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
597     in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
598     currently incarcerated for commission of a felony.
599          ______________________________
600          Signature of Voter"; and
601          (d) a warning that the affidavit must be signed by the individual to whom the ballot
602     was sent and that the ballot will not be counted if the signature on the affidavit does not match
603     the signature on file with the election officer of the individual to whom the ballot was sent.
604          (5) If the election officer determines that the voter is required to show valid voter
605     identification, the election officer may:
606          (a) mail a ballot to the voter; and
607          (b) instruct the voter to include a copy of the voter's valid voter identification with the
608     return ballot.
609          (6) An election officer who administers an election shall:
610          (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
611     election; or
612          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
613     and
614          (b) maintain the signatures on file in the election officer's office.
615          (7) Upon receipt of a returned ballot, the election officer shall review and process the
616     ballot under Section 20A-3a-401.

617          (8) A county that administers an election:
618          (a) shall provide at least one election day voting center in accordance with Chapter 3a,
619     Part 7, Election Day Voting Center, and at least one additional election day voting center for
620     every 5,000 active voters in the county who have requested to not receive a ballot by mail;
621          (b) shall ensure that each election day voting center operated by the county has at least
622     one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
623     Pub. L. No. 107-252, for individuals with disabilities;
624          (c) may reduce the early voting period described in Section 20A-3a-601, if:
625          (i) the county clerk conducts early voting on at least four days;
626          (ii) the early voting days are within the period beginning on the date that is 14 days
627     before the date of the election and ending on the day before the election; and
628          (iii) the county clerk provides notice of the reduced early voting period in accordance
629     with Section 20A-3a-604;
630          (d) is not required to pay return postage for a ballot; and
631          (e) is subject to an audit conducted under Subsection (9).
632          (9) (a) The lieutenant governor shall:
633          (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
634     an election conducted under this section; and
635          (ii) after each primary, general, or special election conducted under this section, select
636     a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
637     developed under Subsection (9)(a)(i).
638          (b) The lieutenant governor shall post the results of an audit conducted under this
639     Subsection (9) on the lieutenant governor's website.
640          (10) (a) An individual may request that the election officer not send the individual a
641     ballot by mail in the next and subsequent elections by submitting a written request to the
642     election officer.
643          (b) An individual shall submit the request described in Subsection (10)(a) to the
644     election officer before 5 p.m. no later than 60 days before an election if the individual does not

645     wish to receive a ballot by mail in that election.
646          (c) An election officer who receives a request from an individual under Subsection
647     (10)(a):
648          (i) shall remove the individual's name from the list of voters who will receive a ballot
649     by mail; and
650          (ii) may not send the individual a ballot by mail for:
651          (A) the next election, if the individual submits the request described in Subsection
652     (10)(a) before the deadline described in Subsection (10)(b); or
653          (B) an election after the election described in Subsection (10)(c)(ii)(A).
654          (d) An individual who submits a request under Subsection (10)(a) may resume the
655     individual's receipt of a ballot by mail by submitting a written request to the election officer.
656          Section 6. Section 20A-3a-401.5 is enacted to read:
657          20A-3a-401.5. Ballot tracking system.
658          (1) As used in this section:
659          (a) "Ballot tracking system" means the system described in this section to track and
660     confirm the status of trackable ballots.
661          (b) "Change in the status" includes:
662          (i) when a trackable ballot is mailed to a voter;
663          (ii) when an election official receives a voted trackable ballot; and
664          (iii) when a voted trackable ballot is counted.
665          (c) "Trackable ballot" means a manual ballot that is:
666          (i) mailed to a voter in accordance with Section 20A-3a-202;
667          (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
668          (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
669          (d) "Voter registration database" means the statewide voter registration database
670     described in Section 20A-2-109.
671          (2) (a) The lieutenant governor shall develop and maintain a statewide or locally based
672     system to track and confirm when there is a change in the status of a trackable ballot.

673          (b) The ballot tracking system shall be operational on or before May 1, 2022.
674          (3) Beginning on May 1, 2022, if a voter elects to receive electronic notifications
675     regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
676     is a change in the status of the voter's trackable ballot:
677          (a) send a text message notification to the voter if the voter's information in the voter
678     registration database includes a mobile telephone number;
679          (b) send an email notification to the voter if the voter's information in the voter
680     registration database includes an email address; and
681          (c) send a notification by another electronic means directed by the lieutenant governor.
682          (4) The lieutenant governor shall ensure that the ballot tracking system and the
683     state-provided website described in Section 20A-7-801 automatically share appropriate
684     information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
685     the state-provided website free of charge.
686          (5) The ballot tracking system shall include a toll-free telephone number or other
687     offline method by which a voter can confirm the status of the voter's trackable ballot.
688          (6) The lieutenant governor shall ensure that the ballot tracking system:
689          (a) is secure from unauthorized use by employing data encryption or other security
690     measures; and
691          (b) is only used for the purposes described in this section.
692          Section 7. Section 20A-6-105 is amended to read:
693          20A-6-105. Provisional ballot envelopes.
694          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
695     substantially the following form:
696          "AFFIRMATION
697     Are you a citizen of the United States of America? Yes No
698     Will you be 18 years old on or before election day? Yes No
699     If you checked "no" in response to either of the two above questions, do not complete this
700     form.

701          Name of Voter _________________________________________________________
702                         First                Middle               Last
703          Driver License or Identification Card Number _________________________________
704          State of Issuance of Driver License or Identification Card Number _________________
705          Date of Birth ___________________________________________________________
706          Street Address of Principal Place of Residence
707          ______________________________________________________________________
708               City               County               State          Zip Code
709          Telephone Number (optional) ______________________________________________
710          Email Address (optional)__________________________________________________
711          Last four digits of Social Security Number ____________________________
712          Last former address at which I was registered to vote (if known)
713          ______________________________________________________________________
714               City               County               State          Zip Code
715          Voting Precinct (if known)
716     _________________________________________________
717          I, (please print your full name)__________________________do solemnly swear or
718     affirm:
719          That I am eligible to vote in this election; that I have not voted in this election in any
720     other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
721     vote in this precinct; and
722          Subject to penalty of law for false statements, that the information contained in this
723     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
724     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
725     immediately before this election.
726     Signed ______________________________________________________________________
727     Dated ______________________________________________________________________
728          In accordance with Section 20A-3a-506, wilfully providing false information above is a

729     class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
730     
PRIVACY INFORMATION

731          Voter registration records contain some information that is available to the public, such
732     as your name and address, some information that is available only to government entities, and
733     some information that is available only to certain third parties in accordance with the
734     requirements of law.
735          Your driver license number, identification card number, social security number, email
736     address, [and] full date of birth, and phone number are available only to government entities.
737     Your year of birth is available to political parties, candidates for public office, certain third
738     parties, and their contractors, employees, and volunteers, in accordance with the requirements
739     of law.
740          You may request that all information on your voter registration records be withheld
741     from all persons other than government entities, political parties, candidates for public office,
742     and their contractors, employees, and volunteers, by indicating here:
743          _____ Yes, I request that all information on my voter registration records be withheld
744     from all persons other than government entities, political parties, candidates for public office,
745     and their contractors, employees, and volunteers.
746     
REQUEST FOR ADDITIONAL PRIVACY PROTECTION

747          In addition to the protections provided above, you may request that all information on
748     your voter registration records be withheld from all political parties, candidates for public
749     office, and their contractors, employees, and volunteers, by submitting a withholding request
750     form, and any required verification, as described in the following paragraphs.
751          A person may request that all information on the person's voter registration records be
752     withheld from all political parties, candidates for public office, and their contractors,
753     employees, and volunteers, by submitting a withholding request form with this registration
754     record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
755     resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
756          A person may request that all information on the person's voter registration records be

757     withheld from all political parties, candidates for public office, and their contractors,
758     employees, and volunteers, by submitting a withholding request form and any required
759     verification with this registration form, or to the lieutenant governor or a county clerk, if the
760     person is, or resides with a person who is, a law enforcement officer, a member of the armed
761     forces, a public figure, or protected by a protective order or a protection order.
762          CITIZENSHIP AFFIDAVIT
763          Name:
764          Name at birth, if different:
765          Place of birth:
766          Date of birth:
767          Date and place of naturalization (if applicable):
768          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
769     citizen and that to the best of my knowledge and belief the information above is true and
770     correct.
771                                             ____________________________
772                                                  Signature of Applicant
773          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
774     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
775     up to one year in jail and a fine of up to $2,500."
776          (2) The provisional ballot envelope shall include:
777          (a) a unique number;
778          (b) a detachable part that includes the unique number; [and]
779          (c) a telephone number, internet address, or other indicator of a means, in accordance
780     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted[.];
781     and
782          (d) beginning May 1, 2022, an insert containing written instructions on how a voter
783     may sign up to receive ballot status notifications via the ballot tracking system described in
784     Section 20A-3a-401.5.

785          Section 8. Section 20A-7-801 is amended to read:
786          20A-7-801. Statewide Electronic Voter Information Website Program -- Duties of
787     the lieutenant governor -- Content -- Duties of local election officials -- Deadlines --
788     Frequently asked voter questions -- Other elections.
789          (1) There is established the Statewide Electronic Voter Information Website Program
790     administered by the lieutenant governor in cooperation with the county clerks for general
791     elections and municipal authorities for municipal elections.
792          (2) In accordance with this section, and as resources become available, the lieutenant
793     governor, in cooperation with county clerks, shall develop, establish, and maintain a
794     state-provided Internet website designed to help inform the voters of the state of:
795          (a) the offices and candidates up for election; [and]
796          (b) the content, effect, operation, fiscal impact, and supporting and opposing arguments
797     of ballot propositions submitted to the voters[.]; and
798          (c) the status of a voter's trackable ballot, in accordance with Section 20A-3a-401.5,
799     accessible only by the voter.
800          (3) Except as provided under Subsection (6), the website shall include:
801          (a) all information currently provided in the Utah voter information pamphlet under
802     Chapter 7, Part 7, Voter Information Pamphlet, including a section prepared, analyzed, and
803     submitted by the Judicial Performance Evaluation Commission describing the judicial selection
804     and retention process;
805          (b) on the homepage of the website, a link to the Judicial Performance Evaluation
806     Commission's website, judges.utah.gov;
807          (c) a link to the retention recommendation made by the Judicial Performance
808     Evaluation Commission in accordance with Title 78A, Chapter 12, Part 2, Judicial
809     Performance Evaluation, for each judicial appointee to a court that is subject to a retention
810     election, in accordance with Section 20A-12-201, for the upcoming general election;
811          (d) all information submitted by election officers under Subsection (4) on local office
812     races, local office candidates, and local ballot propositions;

813          (e) a list that contains the name of a political subdivision that operates an election day
814     voting center under Section 20A-3a-703 and the location of the election day voting center;
815          (f) other information determined appropriate by the lieutenant governor that is
816     currently being provided by law, rule, or ordinance in relation to candidates and ballot
817     questions; [and]
818          (g) any differences in voting method, time, or location designated by the lieutenant
819     governor under Subsection 20A-1-308(2)[.]; and
820          (h) an online ballot tracking system by which a voter can view the status of the voter's
821     trackable ballot, in accordance with Section 20A-3a-401.5, including:
822          (i) when a ballot has been mailed to the voter;
823          (ii) when an election official has received the voter's ballot; and
824          (iii) when the voter's ballot has been counted.
825          (4) (a) An election official shall submit the following information for each ballot under
826     the election official's direct responsibility under this title:
827          (i) a list of all candidates for each office;
828          (ii) if submitted by the candidate to the election official's office before 5 p.m. no later
829     than 45 days before the primary election or before 5 p.m. no later than 60 days before the
830     general election:
831          (A) a statement of qualifications, not exceeding 200 words in length, for each
832     candidate;
833          (B) the following current biographical information if desired by the candidate, current:
834          (I) age;
835          (II) occupation;
836          (III) city of residence;
837          (IV) years of residence in current city; and
838          (V) email address; and
839          (C) a single web address where voters may access more information about the
840     candidate and the candidate's views; and

841          (iii) factual information pertaining to all ballot propositions submitted to the voters,
842     including:
843          (A) a copy of the number and ballot title of each ballot proposition;
844          (B) the final vote cast for each ballot proposition, if any, by a legislative body if the
845     vote was required to place the ballot proposition on the ballot;
846          (C) a complete copy of the text of each ballot proposition, with all new language
847     underlined and all deleted language placed within brackets; and
848          (D) other factual information determined helpful by the election official.
849          (b) The information under Subsection (4)(a) shall be submitted to the lieutenant
850     governor no later than one business day after the deadline under Subsection (4)(a) for each
851     general election year and each municipal election year.
852          (c) The lieutenant governor shall:
853          (i) review the information submitted under this section, to determine compliance under
854     this section, prior to placing it on the website;
855          (ii) refuse to post information submitted under this section on the website if it is not in
856     compliance with the provisions of this section; and
857          (iii) organize, format, and arrange the information submitted under this section for the
858     website.
859          (d) The lieutenant governor may refuse to include information the lieutenant governor
860     determines is not in keeping with:
861          (i) Utah voter needs;
862          (ii) public decency; or
863          (iii) the purposes, organization, or uniformity of the website.
864          (e) A refusal under Subsection (4)(d) is subject to appeal in accordance with
865     Subsection (5).
866          (5) (a) A person whose information is refused under Subsection (4), and who is
867     aggrieved by the determination, may appeal by submitting a written notice of appeal to the
868     lieutenant governor before 5 p.m. within 10 business days after the date of the determination.

869     A notice of appeal submitted under this Subsection (5)(a) shall contain:
870          (i) a listing of each objection to the lieutenant governor's determination; and
871          (ii) the basis for each objection.
872          (b) The lieutenant governor shall review the notice of appeal and shall issue a written
873     response within 10 business days after the day on which the notice of appeal is submitted.
874          (c) An appeal of the response of the lieutenant governor shall be made to the district
875     court, which shall review the matter de novo.
876          (6) (a) The lieutenant governor shall ensure that each voter will be able to conveniently
877     enter the voter's address information on the website to retrieve information on which offices,
878     candidates, and ballot propositions will be on the voter's ballot at the next general election or
879     municipal election.
880          (b) The information on the website will anticipate and answer frequent voter questions
881     including the following:
882          (i) what offices are up in the current year for which the voter may cast a vote;
883          (ii) who is running for what office and who is the incumbent, if any;
884          (iii) what address each candidate may be reached at and how the candidate may be
885     contacted;
886          (iv) for partisan races only, what, if any, is each candidate's party affiliation;
887          (v) what qualifications have been submitted by each candidate;
888          (vi) where additional information on each candidate may be obtained;
889          (vii) what ballot propositions will be on the ballot; and
890          (viii) what judges are up for retention election.
891          (7) The lieutenant governor shall ensure that each voter may conveniently enter the
892     voter's name, date of birth, and address information on the website to retrieve information on
893     the status of the voter's ballot if the voter's ballot is trackable under Section 20A-3a-401.5.
894          [(7)] (8) As resources are made available and in cooperation with the county clerks, the
895     lieutenant governor may expand the electronic voter information website program to include
896     the same information as provided under this section for special elections and primary elections.

897          Section 9. Section 20A-16-501 is amended to read:
898          20A-16-501. Use of voter's email address.
899          (1) An election officer shall request an email address from each covered voter who
900     registers to vote after January 1, 2012.
901          (2) An email address provided by a covered voter:
902          (a) is a private record under Section 63G-2-302; and
903          (b) may be used only for official communication with the covered voter about the
904     voting process, including transmitting military-overseas ballots and election materials if the
905     voter has requested electronic transmission, [and] verifying the voter's mailing address and
906     physical location, and informing the voter of the status of the voter's ballot in accordance with
907     Section 20A-3a-401.5.
908          (3) The request for an email address shall:
909          (a) describe the purposes for which the email address may be used; [and]
910          (b) include a statement that any other use or disclosure of the email address is
911     prohibited[.]; and
912          (c) describe how a voter may sign up to receive ballot status notifications via the ballot
913     tracking system described in Section 20A-3a-401.5.
914          (4) (a) A covered voter who provides an email address may request that the covered
915     voter's application for a military-overseas ballot be considered a standing request for electronic
916     delivery of a ballot for all elections held through December 31 of the year following the
917     calendar year of the date of the application or another shorter period the covered voter
918     specifies.
919          (b) An election official shall provide a military-overseas ballot to a covered voter who
920     makes a standing request for each election to which the request is applicable.
921          (c) A covered voter who is entitled to receive a military-overseas ballot for a primary
922     election under this Subsection (4) is entitled to receive a military-overseas ballot for the general
923     election.
924          Section 10. Section 63G-2-302 is amended to read:

925          63G-2-302. Private records.
926          (1) The following records are private:
927          (a) records concerning an individual's eligibility for unemployment insurance benefits,
928     social services, welfare benefits, or the determination of benefit levels;
929          (b) records containing data on individuals describing medical history, diagnosis,
930     condition, treatment, evaluation, or similar medical data;
931          (c) records of publicly funded libraries that when examined alone or with other records
932     identify a patron;
933          (d) records received by or generated by or for:
934          (i) the Independent Legislative Ethics Commission, except for:
935          (A) the commission's summary data report that is required under legislative rule; and
936          (B) any other document that is classified as public under legislative rule; or
937          (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
938     unless the record is classified as public under legislative rule;
939          (e) records received by, or generated by or for, the Independent Executive Branch
940     Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
941     of Executive Branch Ethics Complaints;
942          (f) records received or generated for a Senate confirmation committee concerning
943     character, professional competence, or physical or mental health of an individual:
944          (i) if, prior to the meeting, the chair of the committee determines release of the records:
945          (A) reasonably could be expected to interfere with the investigation undertaken by the
946     committee; or
947          (B) would create a danger of depriving a person of a right to a fair proceeding or
948     impartial hearing; and
949          (ii) after the meeting, if the meeting was closed to the public;
950          (g) employment records concerning a current or former employee of, or applicant for
951     employment with, a governmental entity that would disclose that individual's home address,
952     home telephone number, social security number, insurance coverage, marital status, or payroll

953     deductions;
954          (h) records or parts of records under Section 63G-2-303 that a current or former
955     employee identifies as private according to the requirements of that section;
956          (i) that part of a record indicating a person's social security number or federal employer
957     identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
958     58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
959          (j) that part of a voter registration record identifying a voter's:
960          (i) driver license or identification card number;
961          (ii) social security number, or last four digits of the social security number;
962          (iii) email address; [or]
963          (iv) date of birth; or
964          (v) phone number;
965          (k) a voter registration record that is classified as a private record by the lieutenant
966     governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
967     20A-2-204(4)(b);
968          (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
969          (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
970     verification submitted in support of the form;
971          (n) a record that:
972          (i) contains information about an individual;
973          (ii) is voluntarily provided by the individual; and
974          (iii) goes into an electronic database that:
975          (A) is designated by and administered under the authority of the Chief Information
976     Officer; and
977          (B) acts as a repository of information about the individual that can be electronically
978     retrieved and used to facilitate the individual's online interaction with a state agency;
979          (o) information provided to the Commissioner of Insurance under:
980          (i) Subsection 31A-23a-115(3)(a);

981          (ii) Subsection 31A-23a-302(4); or
982          (iii) Subsection 31A-26-210(4);
983          (p) information obtained through a criminal background check under Title 11, Chapter
984     40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
985          (q) information provided by an offender that is:
986          (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
987     Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
988          (ii) not required to be made available to the public under Subsection 77-41-110(4) or
989     77-43-108(4);
990          (r) a statement and any supporting documentation filed with the attorney general in
991     accordance with Section 34-45-107, if the federal law or action supporting the filing involves
992     homeland security;
993          (s) electronic toll collection customer account information received or collected under
994     Section 72-6-118 and customer information described in Section 17B-2a-815 received or
995     collected by a public transit district, including contact and payment information and customer
996     travel data;
997          (t) an email address provided by a military or overseas voter under Section
998     20A-16-501;
999          (u) a completed military-overseas ballot that is electronically transmitted under Title
1000     20A, Chapter 16, Uniform Military and Overseas Voters Act;
1001          (v) records received by or generated by or for the Political Subdivisions Ethics Review
1002     Commission established in Section 63A-15-201, except for:
1003          (i) the commission's summary data report that is required in Section 63A-15-202; and
1004          (ii) any other document that is classified as public in accordance with Title 63A,
1005     Chapter 15, Political Subdivisions Ethics Review Commission;
1006          (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1007     an incident or threat;
1008          (x) a criminal background check or credit history report conducted in accordance with

1009     Section 63A-3-201;
1010          (y) a record described in Subsection 53-5a-104(7);
1011          (z) the following portions of a record maintained by a county for the purpose of
1012     administering property taxes, an individual's:
1013          (i) email address;
1014          (ii) phone number; or
1015          (iii) personal financial information related to a person's payment method; and
1016          (aa) a record concerning an individual's eligibility for an exemption, deferral,
1017     abatement, or relief under:
1018          (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
1019          (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1020          (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1021          (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions.
1022          (2) The following records are private if properly classified by a governmental entity:
1023          (a) records concerning a current or former employee of, or applicant for employment
1024     with a governmental entity, including performance evaluations and personal status information
1025     such as race, religion, or disabilities, but not including records that are public under Subsection
1026     63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1027          (b) records describing an individual's finances, except that the following are public:
1028          (i) records described in Subsection 63G-2-301(2);
1029          (ii) information provided to the governmental entity for the purpose of complying with
1030     a financial assurance requirement; or
1031          (iii) records that must be disclosed in accordance with another statute;
1032          (c) records of independent state agencies if the disclosure of those records would
1033     conflict with the fiduciary obligations of the agency;
1034          (d) other records containing data on individuals the disclosure of which constitutes a
1035     clearly unwarranted invasion of personal privacy;
1036          (e) records provided by the United States or by a government entity outside the state

1037     that are given with the requirement that the records be managed as private records, if the
1038     providing entity states in writing that the record would not be subject to public disclosure if
1039     retained by it;
1040          (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1041     created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1042     person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1043          (g) audio and video recordings created by a body-worn camera, as defined in Section
1044     77-7a-103, that record sound or images inside a home or residence except for recordings that:
1045          (i) depict the commission of an alleged crime;
1046          (ii) record any encounter between a law enforcement officer and a person that results in
1047     death or bodily injury, or includes an instance when an officer fires a weapon;
1048          (iii) record any encounter that is the subject of a complaint or a legal proceeding
1049     against a law enforcement officer or law enforcement agency;
1050          (iv) contain an officer involved critical incident as defined in Subsection
1051     76-2-408(1)(f); or
1052          (v) have been requested for reclassification as a public record by a subject or
1053     authorized agent of a subject featured in the recording.
1054          (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1055     records, statements, history, diagnosis, condition, treatment, and evaluation.
1056          (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1057     doctors, or affiliated entities are not private records or controlled records under Section
1058     63G-2-304 when the records are sought:
1059          (i) in connection with any legal or administrative proceeding in which the patient's
1060     physical, mental, or emotional condition is an element of any claim or defense; or
1061          (ii) after a patient's death, in any legal or administrative proceeding in which any party
1062     relies upon the condition as an element of the claim or defense.
1063          (c) Medical records are subject to production in a legal or administrative proceeding
1064     according to state or federal statutes or rules of procedure and evidence as if the medical

1065     records were in the possession of a nongovernmental medical care provider.