1     
VOTER AFFILIATION AMENDMENTS

2     
2021 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill amends the Election Code relating to a voter's change of political party
10     affiliation.
11     Highlighted Provisions:
12          This bill:
13          ▸     specifies when a voter's designation or change of political party affiliation takes
14     effect.
15     Money Appropriated in this Bill:
16          None
17     Other Special Clauses:
18          None
19     Utah Code Sections Affected:
20     AMENDS:
21          20A-2-107, as last amended by Laws of Utah 2019, Chapter 433
22          20A-2-107.5, as last amended by Laws of Utah 2019, Chapter 433
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-2-107 is amended to read:
26          20A-2-107. Designating or changing party affiliation -- Times permitted.
27          (1) The county clerk shall:
28          (a) except as provided in Subsection 20A-2-107.5(1)(c), record the party affiliation
29     designated by the voter on the voter registration form as the voter's party affiliation; or
30          (b) if no political party affiliation is designated by the voter on the voter registration
31     form:
32          (i) except as provided in Subsection (1)(b)(ii), record the voter's party affiliation as the
33     party that the voter designated the last time that the voter designated a party on a voter
34     registration form, unless the voter more recently registered as "unaffiliated"; or
35          (ii) record the voter's party affiliation as "unaffiliated" if the voter:
36          (A) did not previously designate a party;
37          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
38          (C) did not previously register.
39          (2) (a) Any registered voter may designate or change the voter's political party
40     affiliation by complying with the procedures and requirements of this Subsection (2).
41          (b) A registered voter may designate or change the voter's political party affiliation by
42     filing a signed form with the county clerk that identifies the registered political party with
43     which the voter chooses to affiliate[, during any period except the following:].
44          [(i) the period beginning on the day after the voter registration deadline and continuing
45     through the date of the regular primary election; and]
46          [(ii) the period beginning on the day after the voter registration deadline and continuing
47     through the date of the presidential primary election.]
48          (c) Except as provided in Subsection (2)(d), a signed form designating or changing a
49     voter's political party affiliation takes effect when the county clerk receives the signed form.
50          (d) In an even-numbered year, a form described in Subsection (2)(c) received by the
51     county clerk after March 31 takes effect on the day after that year's regular primary election if
52     the form changes a registered voter's affiliation with one political party to affiliate with another
53     political party.
54          (e) Any part of a form described in Subsection (2)(d), other than the voter's designation
55     or change of political party affiliation, takes effect when the county clerk receives the signed
56     form.
57          (f) For purposes of Subsection (2)(d), a signed form described in Subsection (2)(c) is
58     received by the county clerk on or before March 31 if:
59          (i) the individual submits the form in person at the county clerk's office no later than 5
60     p.m. on the last business day before April 1;
61          (ii) the individual submits the form electronically through the system described in
62     Section 20A-2-206, at or before 11:59 p.m. on March 31; or
63          (iii) the individual's form is clearly postmarked on or before March 31.
64          (g) Subsection (2)(d) does not apply to the party affiliation designated by a voter on the
65     voter registration form if the voter has not previously been registered to vote in the state.
66          Section 2. Section 20A-2-107.5 is amended to read:
67          20A-2-107.5. Designating or changing party affiliation -- Regular primary
68     election and presidential primary election.
69          (1) At any regular primary election or presidential primary election:
70          (a) each county clerk shall provide change of party affiliation forms to the poll workers
71     for each voting precinct within the county; [and]
72          (b) [any] except as provided in Subsection (1)(c), a registered voter who is classified as
73     "unaffiliated" may affiliate with a political party by completing the form and giving it to the
74     poll worker[.]; and
75          (c) for an unaffiliated voter who was affiliated with a political party at any time
76     between April 1 and the date of the regular primary election, a form described in Subsection
77     (1)(a) takes effect on the day after the regular primary election.
78          (2) An unaffiliated voter who affiliates with a political party as provided in Subsection
79     (1)(b) may vote in that party's primary election.