2
3
4
5
6
7 LONG TITLE
8 General Description:
9 This bill addresses voter eligibility for local school board elections.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ allows local school boards to vote to allow students who are 16 and 17 years old to
14 vote in local school board elections; and
15 ▸ makes technical and conforming changes.
16 Money Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-1-102, as last amended by Laws of Utah 2020, Chapters 31, 49, 255, and 354
23 20A-2-101, as last amended by Laws of Utah 2019, Chapter 433
24 20A-2-101.1, as last amended by Laws of Utah 2018, Chapter 223
25 20A-2-104, as last amended by Laws of Utah 2020, Chapter 255
26 20A-2-204, as last amended by Laws of Utah 2020, Chapters 31, 95, 255 and last
27 amended by Coordination Clause, Laws of Utah 2020, Chapter 95
28 20A-2-302, as last amended by Laws of Utah 2020, Chapter 31
29 20A-2-304, as last amended by Laws of Utah 2020, Chapter 31
30 20A-6-105, as last amended by Laws of Utah 2020, Chapters 31 and 255
31 20A-14-203, as last amended by Laws of Utah 2016, Chapter 16
32 63G-2-302, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
33 ENACTS:
34 20A-6-306, Utah Code Annotated 1953
35
36 Be it enacted by the Legislature of the state of Utah:
37 Section 1. Section 20A-1-102 is amended to read:
38 20A-1-102. Definitions.
39 As used in this title:
40 (1) "Active voter" means a registered voter who has not been classified as an inactive
41 voter by the county clerk.
42 (2) "Automatic tabulating equipment" means apparatus that automatically examines
43 and counts votes recorded on ballots and tabulates the results.
44 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
45 storage medium, that records an individual voter's vote.
46 (b) "Ballot" does not include a record to tally multiple votes.
47 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
48 on the ballot for their approval or rejection including:
49 (a) an opinion question specifically authorized by the Legislature;
50 (b) a constitutional amendment;
51 (c) an initiative;
52 (d) a referendum;
53 (e) a bond proposition;
54 (f) a judicial retention question;
55 (g) an incorporation of a city or town; or
56 (h) any other ballot question specifically authorized by the Legislature.
57 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
58 together using staples or another means in at least three places across the top of the paper in the
59 blank space reserved for securing the paper.
60 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
61 20A-4-306 to canvass election returns.
62 (7) "Bond election" means an election held for the purpose of approving or rejecting
63 the proposed issuance of bonds by a government entity.
64 (8) "Business reply mail envelope" means an envelope that may be mailed free of
65 charge by the sender.
66 (9) "Canvass" means the review of election returns and the official declaration of
67 election results by the board of canvassers.
68 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
69 the canvass.
70 (11) "Contracting election officer" means an election officer who enters into a contract
71 or interlocal agreement with a provider election officer.
72 (12) "Convention" means the political party convention at which party officers and
73 delegates are selected.
74 (13) "Counting center" means one or more locations selected by the election officer in
75 charge of the election for the automatic counting of ballots.
76 (14) "Counting judge" means a poll worker designated to count the ballots during
77 election day.
78 (15) "Counting room" means a suitable and convenient private place or room for use
79 by the poll workers and counting judges to count ballots.
80 (16) "County officers" means those county officers that are required by law to be
81 elected.
82 (17) "Date of the election" or "election day" or "day of the election":
83 (a) means the day that is specified in the calendar year as the day that the election
84 occurs; and
85 (b) does not include:
86 (i) deadlines established for voting by mail, military-overseas voting, or emergency
87 voting; or
88 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
89 Voting.
90 (18) "Elected official" means:
91 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
92 Municipal Alternate Voting Methods Pilot Project;
93 (b) a person who is considered to be elected to a municipal office in accordance with
94 Subsection 20A-1-206(1)(c)(ii); or
95 (c) a person who is considered to be elected to a local district office in accordance with
96 Subsection 20A-1-206(3)(c)(ii).
97 (19) "Election" means a regular general election, a municipal general election, a
98 statewide special election, a local special election, a regular primary election, a municipal
99 primary election, and a local district election.
100 (20) "Election Assistance Commission" means the commission established by the Help
101 America Vote Act of 2002, Pub. L. No. 107-252.
102 (21) "Election cycle" means the period beginning on the first day persons are eligible to
103 file declarations of candidacy and ending when the canvass is completed.
104 (22) "Election judge" means a poll worker that is assigned to:
105 (a) preside over other poll workers at a polling place;
106 (b) act as the presiding election judge; or
107 (c) serve as a canvassing judge, counting judge, or receiving judge.
108 (23) "Election officer" means:
109 (a) the lieutenant governor, for all statewide ballots and elections;
110 (b) the county clerk for:
111 (i) a county ballot and election; and
112 (ii) a ballot and election as a provider election officer as provided in Section
113 20A-5-400.1 or 20A-5-400.5;
114 (c) the municipal clerk for:
115 (i) a municipal ballot and election; and
116 (ii) a ballot and election as a provider election officer as provided in Section
117 20A-5-400.1 or 20A-5-400.5;
118 (d) the local district clerk or chief executive officer for:
119 (i) a local district ballot and election; and
120 (ii) a ballot and election as a provider election officer as provided in Section
121 20A-5-400.1 or 20A-5-400.5; or
122 (e) the business administrator or superintendent of a school district for:
123 (i) a school district ballot and election; and
124 (ii) a ballot and election as a provider election officer as provided in Section
125 20A-5-400.1 or 20A-5-400.5.
126 (24) "Election official" means any election officer, election judge, or poll worker.
127 (25) "Election results" means:
128 (a) for an election other than a bond election, the count of votes cast in the election and
129 the election returns requested by the board of canvassers; or
130 (b) for bond elections, the count of those votes cast for and against the bond
131 proposition plus any or all of the election returns that the board of canvassers may request.
132 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
133 registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
134 ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
135 the total votes cast form.
136 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
137 or logically associated with a record and executed or adopted by a person with the intent to sign
138 the record.
139 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
140 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
141 (29) "Judicial office" means the office filled by any judicial officer.
142 (30) "Judicial officer" means any justice or judge of a court of record or any county
143 court judge.
144 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
145 Local Government Entities - Local Districts, and includes a special service district under Title
146 17D, Chapter 1, Special Service District Act.
147 (32) "Local district officers" means those local district board members that are required
148 by law to be elected.
149 (33) "Local election" means a regular county election, a regular municipal election, a
150 municipal primary election, a local special election, a local district election, and a bond
151 election.
152 (34) "Local political subdivision" means a county, a municipality, a local district, or a
153 local school district.
154 (35) "Local special election" means a special election called by the governing body of a
155 local political subdivision in which all registered voters of the local political subdivision may
156 vote.
157 (36) "Manual ballot" means a paper document produced by an election officer on
158 which an individual records an individual's vote by directly placing a mark on the paper
159 document using a pen or other marking instrument.
160 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
161 mechanical record, that:
162 (a) is created via electronic or mechanical means; and
163 (b) records an individual voter's vote cast via a method other than an individual directly
164 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
165 (38) "Municipal executive" means:
166 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
167 (b) the mayor in the council-manager form of government defined in Subsection
168 10-3b-103(7); or
169 (c) the chair of a metro township form of government defined in Section 10-3b-102.
170 (39) "Municipal general election" means the election held in municipalities and, as
171 applicable, local districts on the first Tuesday after the first Monday in November of each
172 odd-numbered year for the purposes established in Section 20A-1-202.
173 (40) "Municipal legislative body" means:
174 (a) the council of the city or town in any form of municipal government; or
175 (b) the council of a metro township.
176 (41) "Municipal office" means an elective office in a municipality.
177 (42) "Municipal officers" means those municipal officers that are required by law to be
178 elected.
179 (43) "Municipal primary election" means an election held to nominate candidates for
180 municipal office.
181 (44) "Municipality" means a city, town, or metro township.
182 (45) "Official ballot" means the ballots distributed by the election officer for voters to
183 record their votes.
184 (46) "Official endorsement" means the information on the ballot that identifies:
185 (a) the ballot as an official ballot;
186 (b) the date of the election; and
187 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
188 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
189 (ii) for a ballot prepared by a county clerk, the words required by Subsection
190 20A-6-301(1)(b)(iii).
191 (47) "Official register" means the official record furnished to election officials by the
192 election officer that contains the information required by Section 20A-5-401.
193 (48) "Political party" means an organization of registered voters that has qualified to
194 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
195 and Procedures.
196 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
197 election, voting, or counting votes.
198 (b) "Poll worker" includes election judges.
199 (c) "Poll worker" does not include a watcher.
200 (50) "Pollbook" means a record of the names of voters in the order that they appear to
201 cast votes.
202 (51) "Polling place" means a building where voting is conducted.
203 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
204 in which the voter marks the voter's choice.
205 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
206 8, Presidential Primary Election.
207 (54) "Primary convention" means the political party conventions held during the year
208 of the regular general election.
209 (55) "Protective counter" means a separate counter, which cannot be reset, that:
210 (a) is built into a voting machine; and
211 (b) records the total number of movements of the operating lever.
212 (56) "Provider election officer" means an election officer who enters into a contract or
213 interlocal agreement with a contracting election officer to conduct an election for the
214 contracting election officer's local political subdivision in accordance with Section
215 20A-5-400.1.
216 (57) "Provisional ballot" means a ballot voted provisionally by a person:
217 (a) whose name is not listed on the official register at the polling place;
218 (b) whose legal right to vote is challenged as provided in this title; or
219 (c) whose identity was not sufficiently established by a poll worker.
220 (58) "Provisional ballot envelope" means an envelope printed in the form required by
221 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
222 verify a person's legal right to vote.
223 (59) (a) "Public figure" means an individual who, due to the individual being
224 considered for, holding, or having held a position of prominence in a public or private capacity,
225 or due to the individual's celebrity status, has an increased risk to the individual's safety.
226 (b) "Public figure" does not include an individual:
227 (i) elected to public office; or
228 (ii) appointed to fill a vacancy in an elected public office.
229 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
230 duties of the position for which the individual was elected.
231 (61) "Receiving judge" means the poll worker that checks the voter's name in the
232 official register at a polling location and provides the voter with a ballot.
233 (62) "Registration form" means a form by which an individual may register to vote
234 under this title.
235 (63) "Regular ballot" means a ballot that is not a provisional ballot.
236 (64) "Regular general election" means the election held throughout the state on the first
237 Tuesday after the first Monday in November of each even-numbered year for the purposes
238 established in Section 20A-1-201.
239 (65) "Regular primary election" means the election, held on the date specified in
240 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
241 local school board positions to advance to the regular general election.
242 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
243 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
244 provided to a voter with a manual ballot:
245 (a) into which the voter places the manual ballot after the voter has voted the manual
246 ballot in order to preserve the secrecy of the voter's vote; and
247 (b) that includes the voter affidavit and a place for the voter's signature.
248 (68) "Sample ballot" means a mock ballot similar in form to the official ballot printed
249 and distributed as provided in Section 20A-5-405.
250 (69) "Special election" means an election held as authorized by Section 20A-1-203.
251 (70) "Spoiled ballot" means each ballot that:
252 (a) is spoiled by the voter;
253 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
254 (c) lacks the official endorsement.
255 (71) "Statewide special election" means a special election called by the governor or the
256 Legislature in which all registered voters in Utah may vote.
257 (72) "Student voter" means a 16-year-old or 17-year-old individual who is registered to
258 vote in a local school board election.
259 [
260 purpose of tabulating votes cast by voters at an election.
261 [
262 (a) political parties;
263 (b) candidates for an office; or
264 (c) ballot propositions.
265 [
266 counting center.
267 [
268 by statute, whether that absence occurs because of death, disability, disqualification,
269 resignation, or other cause.
270 [
271 (a) a form of identification that bears the name and photograph of the voter which may
272 include:
273 (i) a currently valid Utah driver license;
274 (ii) a currently valid identification card that is issued by:
275 (A) the state; or
276 (B) a branch, department, or agency of the United States;
277 (iii) a currently valid Utah permit to carry a concealed weapon;
278 (iv) a currently valid United States passport; or
279 (v) a currently valid United States military identification card;
280 (b) one of the following identification cards, whether or not the card includes a
281 photograph of the voter:
282 (i) a valid tribal identification card;
283 (ii) a Bureau of Indian Affairs card; or
284 (iii) a tribal treaty card; or
285 (c) two forms of identification not listed under Subsection [
286 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
287 which may include:
288 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
289 election;
290 (ii) a bank or other financial account statement, or a legible copy thereof;
291 (iii) a certified birth certificate;
292 (iv) a valid social security card;
293 (v) a check issued by the state or the federal government or a legible copy thereof;
294 (vi) a paycheck from the voter's employer, or a legible copy thereof;
295 (vii) a currently valid Utah hunting or fishing license;
296 (viii) certified naturalization documentation;
297 (ix) a currently valid license issued by an authorized agency of the United States;
298 (x) a certified copy of court records showing the voter's adoption or name change;
299 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
300 (xii) a currently valid identification card issued by:
301 (A) a local government within the state;
302 (B) an employer for an employee; or
303 (C) a college, university, technical school, or professional school located within the
304 state; or
305 (xiii) a current Utah vehicle registration.
306 [
307 write-in candidate by following the procedures and requirements of this title.
308 [
309 voter, by:
310 (a) mailing the ballot to the location designated in the mailing; or
311 (b) depositing the ballot in a ballot drop box designated by the election officer.
312 [
313 (a) meets the requirements for voting in an election;
314 (b) meets the requirements of election registration;
315 (c) is registered to vote; and
316 (d) is listed in the official register book.
317 [
318 Section 20A-2-102.5.
319 [
320 machines, and ballot box.
321 [
322 (a) the space or compartment within a polling place that is provided for the preparation
323 of ballots, including the voting enclosure or curtain; or
324 (b) a voting device that is free standing.
325 [
326 voter to vote a mechanical ballot.
327 [
328 under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
329 [
330 described in Section 20A-3a-801 to become a watcher for an election.
331 [
332 [
333 printed on the ballot, in accordance with the procedures established in this title.
334 Section 2. Section 20A-2-101 is amended to read:
335 20A-2-101. Eligibility for registration.
336 (1) Except as provided in Subsection [
337 election who:
338 (a) is a citizen of the United States;
339 (b) has been a resident of Utah for at least the 30 days immediately before the election;
340 (c) will be:
341 (i) at least 18 years [
342 (ii) if the election is a regular primary election, a municipal primary election, or a
343 presidential primary election:
344 (A) 17 years [
345 municipal primary election, or presidential primary election; and
346 (B) 18 years [
347 follows the regular primary election, municipal primary election, or presidential primary
348 election; and
349 (d) currently resides within the voting district or precinct in which the individual
350 applies to register to vote.
351 (2) Except as provided in Subsection (3), an individual may register to vote as a
352 student voter in a local school board election if:
353 (a) the individual will be 16 or 17 years old on the date of the general election for the
354 local school board;
355 (b) the individual meets the qualifications under Subsections (1)(a), (b), and (d); and
356 (c) the local school board where the individual currently resides has voted to allow
357 student voters under Section 20A-14-203.
358 [
359 prison, or other facility within a voting precinct is not a resident of that voting precinct and may
360 not register to vote in that voting precinct unless the individual was a resident of that voting
361 precinct before the confinement or incarceration.
362 (ii) An individual who is involuntarily confined or incarcerated in a jail or prison is a
363 resident of the voting precinct in which the individual resided before the confinement or
364 incarceration.
365 (b) An individual who has been convicted of a felony or a misdemeanor for an offense
366 under this title may not register to vote or remain registered to vote unless the individual's right
367 to vote has been restored as provided in Section 20A-2-101.3 or 20A-2-101.5.
368 (c) An individual whose right to vote has been restored, as provided in Section
369 20A-2-101.3 or 20A-2-101.5, is eligible to register to vote.
370 [
371 resides within the geographic boundaries of the entity in which the election is held may register
372 to vote in a:
373 (a) regular general election;
374 (b) regular primary election;
375 (c) municipal general election;
376 (d) municipal primary election;
377 (e) statewide special election;
378 (f) local special election;
379 (g) local district election;
380 (h) bond election; and
381 (i) presidential primary election.
382 (5) An individual who is eligible to vote as a student voter and who resides within the
383 geographic boundaries of the local school board district in which the election is held may
384 register to vote in the primary and general elections for the local school board.
385 Section 3. Section 20A-2-101.1 is amended to read:
386 20A-2-101.1. Preregistering to vote.
387 (1) An individual may preregister to vote if the individual:
388 (a) is 16 or 17 years [
389 (b) is not eligible to register to vote because the individual does not comply with the
390 age requirements described in Subsection 20A-2-101(1)(c);
391 (c) is a citizen of the United States;
392 (d) has been a resident of Utah for at least 30 days; and
393 (e) currently resides within the voting district or precinct in which the individual
394 preregisters to vote.
395 (2) An individual described in Subsection (1) may not vote in an election and is not
396 registered to vote until:
397 (a) the individual is otherwise eligible to register to vote because the individual
398 complies with the age requirements described in Subsection 20A-2-101(1)(c); and
399 (b) the county clerk registers the individual to vote under Subsection (4).
400 (3) An individual who preregisters to vote shall:
401 (a) complete a voter registration form, including an indication that the individual is
402 preregistering to vote; and
403 (b) submit the voter registration form to a county clerk in person, by mail, or in any
404 other manner authorized by this chapter for the submission of a voter registration form.
405 (4) (a) A county clerk shall:
406 (i) retain the voter registration form of an individual who meets the qualifications for
407 preregistration and who submits a completed voter registration form to the county clerk under
408 Subsection (3)(b);
409 (ii) register the individual to vote in the next election in which the individual will be
410 eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
411 that election; and
412 (iii) send a notice to the individual that:
413 (A) informs the individual that the individual's voter registration form has been
414 accepted as an application for preregistration;
415 (B) informs the individual that the individual will be registered to vote in the next
416 election in which the individual will be eligible to vote; and
417 (C) indicates in which election the individual will be registered to vote.
418 (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
419 considered to have applied for voter registration on the earlier of:
420 (i) the day of the voter registration deadline immediately preceding the election day on
421 which the individual will be at least 18 years [
422 (ii) the day on which the individual turns 18 years [
423 (c) A county clerk shall refer a voter registration form to the county attorney for
424 investigation and possible prosecution if the clerk or the clerk's designee believes the
425 individual is attempting to preregister to vote in an election in which the individual will not be
426 legally entitled to vote.
427 (5) (a) The lieutenant governor or a county clerk shall classify the voter registration
428 record of an individual who preregisters to vote as a private record until the day on which the
429 individual turns 18 years [
430 (b) On the day on which the individual described in Subsection (5)(a) turns 18 years [
431
432 record as a public record in accordance with Subsection 63G-2-301(2)(l).
433 (6) If an individual who is at least 18 years [
434 voter registration form that the individual is preregistering to vote, the county clerk shall
435 consider the form as a voter registration form and shall process the form in accordance with
436 this chapter.
437 (7) (a) Notwithstanding Subsection (1)(b), an individual who registers to vote as a
438 student voter shall also be preregistered to vote unless the individual opts out of preregistration
439 on the individual's voter registration form.
440 (b) Subsection (2) does not prevent an individual who is preregistered to vote and who
441 is registered as a student voter from voting in a local school board election.
442 Section 4. Section 20A-2-104 is amended to read:
443 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
444 (1) (a) As used in this section:
445 (i) "Candidate for public office" means an individual:
446 (A) who files a declaration of candidacy for a public office;
447 (B) who files a notice of intent to gather signatures under Section 20A-9-408; or
448 (C) employed by, under contract with, or a volunteer of, an individual described in
449 Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
450 (ii) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
451 the federal Violence Against Women Act of 1994, as amended.
452 (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1
453 and the federal Violence Against Women Act of 1994, as amended.
454 (b) An individual applying for voter registration, or an individual preregistering to
455 vote, shall complete a voter registration form in substantially the following form:
456 -----------------------------------------------------------------------------------------------------------------
457
458 Are you a citizen of the United States of America? Yes No
459 If you checked "no" to the above question, do not complete this form.
460 Will you be 18 years [
461 If you checked "no" to the above question, are you 16 or 17 years [
462 preregistering to vote or registering to vote as a student voter? Yes No
463 If you are not eligible to vote as a student voter, you will be preregistered to vote. If you are
464 eligible to vote in a local school board election, you will be registered as a student voter and
465 also preregistered to vote as an adult unless you check the box below:
466 I am registering as a student voter and do not want to be preregistered to vote as an adult.
467 If you [
468 election day and you are not preregistering to vote or registering to vote as a student voter, do
469 not complete this form.
470 Name of Voter
471 _________________________________________________________________
472 First Middle Last
473 Utah Driver License or Utah Identification Card Number____________________________
474 Date of Birth ______________________________________________________
475 Street Address of Principal Place of Residence
476 ____________________________________________________________________________
477 City County State Zip Code
478 Telephone Number (optional) _________________________
479 Last four digits of Social Security Number ______________________
480 Last former address at which I was registered to vote (if
481 known)__________________________
482 ____________________________________________________________________________
483 City County State Zip Code
484 Political Party
485 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
486 the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
487 ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
488 I do swear (or affirm), subject to penalty of law for false statements, that the
489 information contained in this form is true, and that I am a citizen of the United States and a
490 resident of the state of Utah, residing at the above address. Unless I have indicated above that I
491 am registering to vote as a student voter or preregistering to vote in a later election, I will be at
492 least 18 years [
493 next election. I am not a convicted felon currently incarcerated for commission of a felony.
494 Signed and sworn
495 __________________________________________________________
496 Voter's Signature
497 _______________(month/day/year).
498
499 Voter registration records contain some information that is available to the public, such
500 as your name and address, some information that is available only to government entities, and
501 some information that is available only to certain third parties in accordance with the
502 requirements of law.
503 Your driver license number, identification card number, social security number, email
504 address, and full date of birth are available only to government entities. Your year of birth is
505 available to political parties, candidates for public office, certain third parties, and their
506 contractors, employees, and volunteers, in accordance with the requirements of law.
507 You may request that all information on your voter registration records be withheld
508 from all persons other than government entities, political parties, candidates for public office,
509 and their contractors, employees, and volunteers, by indicating here:
510 _____ Yes, I request that all information on my voter registration records be withheld
511 from all persons other than government entities, political parties, candidates for public office,
512 and their contractors, employees, and volunteers.
513
514 In addition to the protections provided above, you may request that all information on
515 your voter registration records be withheld from all political parties, candidates for public
516 office, and their contractors, employees, and volunteers, by submitting a withholding request
517 form, and any required verification, as described in the following paragraphs.
518 A person may request that all information on the person's voter registration records be
519 withheld from all political parties, candidates for public office, and their contractors,
520 employees, and volunteers, by submitting a withholding request form with this registration
521 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
522 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
523 A person may request that all information on the person's voter registration records be
524 withheld from all political parties, candidates for public office, and their contractors,
525 employees, and volunteers, by submitting a withholding request form and any required
526 verification with this registration form, or to the lieutenant governor or a county clerk, if the
527 person is, or resides with a person who is, a law enforcement officer, a member of the armed
528 forces, a public figure, or protected by a protective order or a protection order.
529
530 Name:
531 Name at birth, if different:
532 Place of birth:
533 Date of birth:
534 Date and place of naturalization (if applicable):
535 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
536 citizen and that to the best of my knowledge and belief the information above is true and
537 correct.
538 ____________________________
539 Signature of Applicant
540 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
541 allowing yourself to be registered or preregistered to vote if you know you are not entitled to
542 register or preregister to vote is up to one year in jail and a fine of up to $2,500.
543 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
544 VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
545 BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
546 PHOTOGRAPH; OR
547 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
548 CURRENT ADDRESS.
549 FOR OFFICIAL USE ONLY
550 Type of I.D. ____________________________
551 Voting Precinct _________________________
552 Voting I.D. Number _____________________
553 ------------------------------------------------------------------------------------------------------------------
554 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
555 of each voter registration form in a permanent countywide alphabetical file, which may be
556 electronic or some other recognized system.
557 (b) The county clerk may transfer a superseded voter registration form to the Division
558 of Archives and Records Service created under Section 63A-12-101.
559 (3) (a) Each county clerk shall retain lists of currently registered voters.
560 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
561 (c) If there are any discrepancies between the two lists, the county clerk's list is the
562 official list.
563 (d) The lieutenant governor and the county clerks may charge the fees established
564 under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
565 the list of registered voters.
566 (4) (a) As used in this Subsection (4), "qualified person" means:
567 (i) a government official or government employee acting in the government official's or
568 government employee's capacity as a government official or a government employee;
569 (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
570 independent contractor of a health care provider;
571 (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
572 independent contractor of an insurance company;
573 (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
574 independent contractor of a financial institution;
575 (v) a political party, or an agent, employee, or independent contractor of a political
576 party;
577 (vi) a candidate for public office, or an employee, independent contractor, or volunteer
578 of a candidate for public office; or
579 (vii) a person, or an agent, employee, or independent contractor of the person, who:
580 (A) provides the year of birth of a registered voter that is obtained from the list of
581 registered voters only to a person who is a qualified person;
582 (B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
583 birth that is obtained from the list of registered voters is provided, is a qualified person;
584 (C) ensures, using industry standard security measures, that the year of birth of a
585 registered voter that is obtained from the list of registered voters may not be accessed by a
586 person other than a qualified person;
587 (D) verifies that each qualified person, other than a qualified person described in
588 Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered
589 voter that is obtained from the list of registered voters, will only use the year of birth to verify
590 the accuracy of personal information submitted by an individual or to confirm the identity of a
591 person in order to prevent fraud, waste, or abuse;
592 (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
593 person provides the year of birth of a registered voter that is obtained from the list of registered
594 voters, will only use the year of birth in the qualified person's capacity as a government official
595 or government employee; and
596 (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
597 whom the person provides the year of birth of a registered voter that is obtained from the list of
598 registered voters, will only use the year of birth for a political purpose of the political party or
599 candidate for public office.
600 (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
601 Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
602 providing the list of registered voters to a qualified person under this section, include, with the
603 list, the years of birth of the registered voters, if:
604 (i) the lieutenant governor or a county clerk verifies the identity of the person and that
605 the person is a qualified person; and
606 (ii) the qualified person signs a document that includes the following:
607 (A) the name, address, and telephone number of the person requesting the list of
608 registered voters;
609 (B) an indication of the type of qualified person that the person requesting the list
610 claims to be;
611 (C) a statement regarding the purpose for which the person desires to obtain the years
612 of birth;
613 (D) a list of the purposes for which the qualified person may use the year of birth of a
614 registered voter that is obtained from the list of registered voters;
615 (E) a statement that the year of birth of a registered voter that is obtained from the list
616 of registered voters may not be provided or used for a purpose other than a purpose described
617 under Subsection (4)(b)(ii)(D);
618 (F) a statement that if the person obtains the year of birth of a registered voter from the
619 list of registered voters under false pretenses, or provides or uses the year of birth of a
620 registered voter that is obtained from the list of registered voters in a manner that is prohibited
621 by law, is guilty of a class A misdemeanor and is subject to a civil fine;
622 (G) an assertion from the person that the person will not provide or use the year of
623 birth of a registered voter that is obtained from the list of registered voters in a manner that is
624 prohibited by law; and
625 (H) notice that if the person makes a false statement in the document, the person is
626 punishable by law under Section 76-8-504.
627 (c) The lieutenant governor or a county clerk may not disclose the year of birth of a
628 registered voter to a person that the lieutenant governor or county clerk reasonably believes:
629 (i) is not a qualified person or a person described in Subsection (4)(l); or
630 (ii) will provide or use the year of birth in a manner prohibited by law.
631 (d) The lieutenant governor or a county clerk may not disclose the voter registration
632 form of a person, or information included in the person's voter registration form, whose voter
633 registration form is classified as private under Subsection (4)(h) to a person other than:
634 (i) a government official or government employee acting in the government official's or
635 government employee's capacity as a government official or government employee; or
636 (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
637 described in Subsection (4)(a)(v) or (vi) for a political purpose.
638 (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
639 governor or county clerk shall exclude the information described in Subsection
640 63G-2-302(1)(j), other than the year of birth.
641 (f) The lieutenant governor or a county clerk may not disclose a withholding request
642 form, described in Subsections (7) and (8), submitted by an individual, or information obtained
643 from that form, to a person other than a government official or government employee acting in
644 the government official's or government employee's capacity as a government official or
645 government employee.
646 (g) A person is guilty of a class A misdemeanor if the person:
647 (i) obtains the year of birth of a registered voter from the list of registered voters under
648 false pretenses;
649 (ii) uses or provides the year of birth of a registered voter that is obtained from the list
650 of registered voters in a manner that is not permitted by law;
651 (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
652 false pretenses;
653 (iv) uses or provides information obtained from a voter registration record described in
654 Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
655 (v) unlawfully discloses or obtains a voter registration record withheld under
656 Subsection (7) or a withholding request form described in Subsections (7) and (8); or
657 (vi) unlawfully discloses or obtains information from a voter registration record
658 withheld under Subsection (7) or a withholding request form described in Subsections (7) and
659 (8).
660 (h) The lieutenant governor or a county clerk shall classify the voter registration record
661 of a voter as a private record if the voter:
662 (i) submits a written application, created by the lieutenant governor, requesting that the
663 voter's voter registration record be classified as private;
664 (ii) requests on the voter's voter registration form that the voter's voter registration
665 record be classified as a private record; [
666 (iii) submits a withholding request form described in Subsection (7) and any required
667 verification[
668 (iv) registers to vote as a student voter or preregisters to vote and is not yet 18 years
669 old.
670 (i) The lieutenant governor or a county clerk may not disclose to a person described in
671 Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
672 registration record, if the record is withheld under Subsection (7).
673 (j) In addition to any criminal penalty that may be imposed under this section, the
674 lieutenant governor may impose a civil fine against a person who violates a provision of this
675 section, in an amount equal to the greater of:
676 (i) the product of 30 and the square root of the total number of:
677 (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
678 dollar; or
679 (B) records from which information is obtained, provided, or used unlawfully, rounded
680 to the nearest whole dollar; or
681 (ii) $200.
682 (k) A qualified person may not obtain, provide, or use the year of birth of a registered
683 voter, if the year of birth is obtained from the list of registered voters or from a voter
684 registration record, unless the person:
685 (i) is a government official or government employee who obtains, provides, or uses the
686 year of birth in the government official's or government employee's capacity as a government
687 official or government employee;
688 (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
689 uses the year of birth only to verify the accuracy of personal information submitted by an
690 individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
691 (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
692 provides, or uses the year of birth for a political purpose of the political party or candidate for
693 public office; or
694 (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
695 uses the year of birth to provide the year of birth to another qualified person to verify the
696 accuracy of personal information submitted by an individual or to confirm the identity of a
697 person in order to prevent fraud, waste, or abuse.
698 (l) The lieutenant governor or a county clerk may provide a year of birth to a member
699 of the media, in relation to an individual designated by the member of the media, in order for
700 the member of the media to verify the identity of the individual.
701 (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
702 information from a voter registration record for a purpose other than a political purpose.
703 (5) When political parties not listed on the voter registration form qualify as registered
704 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
705 lieutenant governor shall inform the county clerks of the name of the new political party and
706 direct the county clerks to ensure that the voter registration form is modified to include that
707 political party.
708 (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
709 clerk's designee shall:
710 (a) review each voter registration form for completeness and accuracy; and
711 (b) if the county clerk believes, based upon a review of the form, that an individual
712 may be seeking to register or preregister to vote who is not legally entitled to register or
713 preregister to vote, refer the form to the county attorney for investigation and possible
714 prosecution.
715 (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
716 person described in Subsection (4)(a)(i), the voter registration record, and information obtained
717 from the voter registration record, of an individual:
718 (a) who submits a withholding request form, with the voter registration record or to the
719 lieutenant governor or a county clerk, if:
720 (i) the individual indicates on the form that the individual, or an individual who resides
721 with the individual, is a victim of domestic violence or dating violence or is likely to be a
722 victim of domestic violence or dating violence; or
723 (ii) the individual indicates on the form and provides verification that the individual, or
724 an individual who resides with the individual, is:
725 (A) a law enforcement officer;
726 (B) a member of the armed forces, as defined in Section 20A-1-513;
727 (C) a public figure; or
728 (D) protected by a protective order or protection order; [
729 (b) whose voter registration record was classified as a private record at the request of
730 the individual before May 12, 2020[
731 (c) who registered to vote as a student voter or preregistered to vote and is not yet 18
732 years old.
733 (8) (a) The lieutenant governor shall design and distribute the withholding request form
734 described in Subsection (7) to each election officer and to each agency that provides a voter
735 registration form.
736 (b) An individual described in Subsection (7)(a)(i) is not required to provide
737 verification, other than the individual's attestation and signature on the withholding request
738 form, that the individual, or an individual who resides with the individual, is a victim of
739 domestic violence or dating violence or is likely to be a victim of domestic violence or dating
740 violence.
741 (c) The director of elections within the Office of the Lieutenant Governor shall make
742 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
743 establishing requirements for providing the verification described in Subsection (7)(a)(ii).
744 (9) An election officer or an employee of an election officer may not encourage an
745 individual to submit, or discourage an individual from submitting, a withholding request form.
746 Section 5. Section 20A-2-204 is amended to read:
747 20A-2-204. Registering to vote when applying for or renewing a driver license.
748 (1) As used in this section, "voter registration form" means, when an individual named
749 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
750 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
751 voter registration purposes.
752 (2) A citizen who is qualified to vote may register to vote, and a citizen who is
753 qualified to preregister to vote may preregister to vote, by answering "yes" to the question
754 described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
755 (3) The Driver License Division shall:
756 (a) assist an individual in completing the voter registration form unless the individual
757 refuses assistance;
758 (b) electronically transmit each address change to the lieutenant governor within five
759 days after the day on which the division receives the address change; and
760 (c) within five days after the day on which the division receives a voter registration
761 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
762 following for the individual named on the form:
763 (i) the name, date of birth, driver license or state identification card number, last four
764 digits of the social security number, Utah residential address, place of birth, and signature;
765 (ii) a mailing address, if different from the individual's Utah residential address;
766 (iii) an email address and phone number, if available;
767 (iv) the desired political affiliation, if indicated;
768 (v) an indication of whether the individual requested that the individual's voter
769 registration record be classified as a private record under Subsection 20A-2-108(2)(b); and
770 (vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
771 verification submitted with the form.
772 (4) Upon receipt of an individual's voter registration form from the Driver License
773 Division under Subsection (3), the lieutenant governor shall:
774 (a) enter the information into the statewide voter registration database; [
775 (b) if the individual requests on the individual's voter registration form that the
776 individual's voter registration record be classified as a private record or the individual submits a
777 withholding request form described in Subsections 20A-2-104(7) and (8) and any required
778 verification, classify the individual's voter registration record as a private record[
779 (c) if the individual is registering to vote as a student voter, classify the individual's
780 voter registration record as a private record until the day on which the individual is 18 years
781 old.
782 (5) The county clerk of an individual whose information is entered into the statewide
783 voter registration database under Subsection (4) shall:
784 (a) ensure that the individual meets the qualifications to be registered or preregistered
785 to vote; and
786 (b) (i) if the individual meets the qualifications to be registered to vote:
787 (A) ensure that the individual is assigned to the proper voting precinct; and
788 (B) send the individual the notice described in Section 20A-2-304; or
789 (ii) if the individual meets the qualifications to be preregistered to vote, process the
790 form in accordance with the requirements of Section 20A-2-101.1.
791 (6) (a) When the county clerk receives a correctly completed voter registration form
792 under this section, the clerk shall:
793 (i) comply with the applicable provisions of this Subsection (6); or
794 (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
795 (b) If the county clerk receives a correctly completed voter registration form under this
796 section no later than 5 p.m. or, if submitting the form electronically, midnight, 11 calendar days
797 before the date of an election, the county clerk shall:
798 (i) accept the voter registration form; and
799 (ii) unless the individual is preregistering to vote:
800 (A) enter the individual's name on the list of registered voters for the voting precinct in
801 which the individual resides; and
802 (B) notify the individual that the individual is registered to vote in the upcoming
803 election; and
804 (iii) if the individual named in the form is preregistering to vote, comply with Section
805 20A-2-101.1.
806 (c) If the county clerk receives a correctly completed voter registration form under this
807 section after the deadline described in Subsection (6)(b), the county clerk shall, unless the
808 individual named in the form is preregistering to vote:
809 (i) accept the application for registration of the individual;
810 (ii) process the voter registration form; and
811 (iii) unless the individual is preregistering to vote, and except as provided in
812 Subsection 20A-2-207(6), inform the individual that the individual will not be registered to
813 vote in the pending election, unless the individual registers to vote by provisional ballot during
814 the early voting period, if applicable, or on election day, in accordance with Section
815 20A-2-207.
816 (7) (a) If the county clerk determines that an individual's voter registration form
817 received from the Driver License Division is incorrect because of an error, because the form is
818 incomplete, or because the individual does not meet the qualifications to be registered to vote,
819 the county clerk shall mail notice to the individual stating that the individual has not been
820 registered or preregistered because of an error, because the registration form is incomplete, or
821 because the individual does not meet the qualifications to be registered to vote.
822 (b) If a county clerk believes, based upon a review of a voter registration form, that an
823 individual, who knows that the individual is not legally entitled to register or preregister to
824 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
825 the form to the county attorney for investigation and possible prosecution.
826 Section 6. Section 20A-2-302 is amended to read:
827 20A-2-302. Voter registration forms for high school students.
828 (1) (a) A county clerk may:
829 (i) contact each high school and each accredited nonpublic high school in the county;
830 (ii) determine the number of high school seniors; and
831 (iii) distribute voter registration forms to each accredited public or private high school
832 in an amount sufficient for distribution to each high school senior.
833 (b) The county clerk shall process a voter registration form received from an individual
834 under this section:
835 (i) for an individual who is not eligible to register as a student voter, in accordance
836 with Section 20A-2-101.1[
837 (ii) for an individual who is eligible to register as a student voter, in accordance with
838 Section 20A-2-304.
839 (2) Each public school and accredited nonpublic school may:
840 (a) include the voter registration form in the senior registration packet; and
841 (b) collect and forward completed voter registration forms to the county clerk.
842 Section 7. Section 20A-2-304 is amended to read:
843 20A-2-304. County clerk's responsibilities -- Notice of disposition.
844 Each county clerk shall:
845 (1) register to vote each individual who meets the requirements for registration and
846 who:
847 (a) submits a completed voter registration form to the county clerk;
848 (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
849 the Driver License Division;
850 (c) submits a completed voter registration form to a public assistance agency or a
851 discretionary voter registration agency; or
852 (d) mails a completed voter registration form to the county clerk; [
853 (2) within 30 days after the day on which the county clerk processes a voter registration
854 form, send a notice to the individual who submits the form that:
855 (a) (i) informs the individual that the individual's voter registration form has been
856 accepted and that the individual is registered to vote;
857 (ii) informs the individual of the procedure for designating or changing the individual's
858 political affiliation; and
859 (iii) informs the individual of the procedure to cancel a voter registration;
860 (b) informs the individual that the individual's voter registration form has been rejected
861 and the reason for the rejection; or
862 (c) (i) informs the individual that the individual's voter registration form is being
863 returned to the individual for further action because the form is incomplete; and
864 (ii) gives instructions to the individual on how to properly complete the form[
865 (3) if the completed voter registration form is for an individual registering as a student
866 voter and the individual has not opted out of being preregistered to vote on the individual's
867 voter registration form, process the individual's preregistration under Section 20A-2-101.1 after
868 completing the individual's student voter registration under Subsections (1) and (2).
869 Section 8. Section 20A-6-105 is amended to read:
870 20A-6-105. Provisional ballot envelopes.
871 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
872 substantially the following form:
873 "AFFIRMATION
874 Are you a citizen of the United States of America? Yes No
875 Will you be 18 years old on or before election day? Yes No
876 If you checked "no" in response to either of the two above questions, do not complete this
877 form.
878 Name of Voter _________________________________________________________
879 First Middle Last
880 Driver License or Identification Card Number _________________________________
881 State of Issuance of Driver License or Identification Card Number _________________
882 Date of Birth ___________________________________________________________
883 Street Address of Principal Place of Residence
884 ______________________________________________________________________
885 City County State Zip Code
886 Telephone Number (optional) ______________________________________________
887 Last four digits of Social Security Number ____________________________
888 Last former address at which I was registered to vote (if known)
889 ______________________________________________________________________
890 City County State Zip Code
891 Voting Precinct (if known)
892 _________________________________________________
893 I, (please print your full name)__________________________do solemnly swear or
894 affirm:
895 That I am eligible to vote in this election; that I have not voted in this election in any
896 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
897 vote in this precinct; and
898 Subject to penalty of law for false statements, that the information contained in this
899 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
900 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
901 immediately before this election.
902 Signed ______________________________________________________________________
903 Dated ______________________________________________________________________
904 In accordance with Section 20A-3a-506, wilfully providing false information above is a
905 class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
906
907 Voter registration records contain some information that is available to the public, such
908 as your name and address, some information that is available only to government entities, and
909 some information that is available only to certain third parties in accordance with the
910 requirements of law.
911 Your driver license number, identification card number, social security number, email
912 address, and full date of birth are available only to government entities. Your year of birth is
913 available to political parties, candidates for public office, certain third parties, and their
914 contractors, employees, and volunteers, in accordance with the requirements of law.
915 You may request that all information on your voter registration records be withheld
916 from all persons other than government entities, political parties, candidates for public office,
917 and their contractors, employees, and volunteers, by indicating here:
918 _____ Yes, I request that all information on my voter registration records be withheld
919 from all persons other than government entities, political parties, candidates for public office,
920 and their contractors, employees, and volunteers.
921
922 In addition to the protections provided above, you may request that all information on
923 your voter registration records be withheld from all political parties, candidates for public
924 office, and their contractors, employees, and volunteers, by submitting a withholding request
925 form, and any required verification, as described in the following paragraphs.
926 A person may request that all information on the person's voter registration records be
927 withheld from all political parties, candidates for public office, and their contractors,
928 employees, and volunteers, by submitting a withholding request form with this registration
929 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
930 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
931 A person may request that all information on the person's voter registration records be
932 withheld from all political parties, candidates for public office, and their contractors,
933 employees, and volunteers, by submitting a withholding request form and any required
934 verification with this registration form, or to the lieutenant governor or a county clerk, if the
935 person is, or resides with a person who is, a law enforcement officer, a member of the armed
936 forces, a public figure, or protected by a protective order or a protection order.
937 CITIZENSHIP AFFIDAVIT
938 Name:
939 Name at birth, if different:
940 Place of birth:
941 Date of birth:
942 Date and place of naturalization (if applicable):
943 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
944 citizen and that to the best of my knowledge and belief the information above is true and
945 correct.
946 ____________________________
947 Signature of Applicant
948 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
949 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
950 up to one year in jail and a fine of up to $2,500."
951 (2) Each election officer shall ensure that student voter provisional ballot envelopes are
952 printed in substantially the following form:
953 "AFFIRMATION
954 Are you a citizen of the United States of America? Yes No
955 Will you be 16 or 17 years old on or before election day and are you voting as a student
956 voter in a local school board election? Yes No
957 If you checked "no" in response to either of the two above questions, do not complete
958 this form.
959 Name of Voter _________________________________________________________
960 First Middle Last
961 Driver License or Identification Card Number _________________________________
962 State of Issuance of Driver License or Identification Card Number _________________
963 Date of Birth ___________________________________________________________
964 Street Address of Principal Place of Residence
965 ______________________________________________________________________
966 City County State Zip Code
967 Telephone Number (optional) ______________________________________________
968 Last four digits of Social Security Number ____________________________
969 Last former address at which I was registered to vote (if known)
970 ______________________________________________________________________
971 City County State Zip Code
972 Voting Precinct (if known)
973 _________________________________________________
974 I, (please print your full name)__________________________do solemnly swear or
975 affirm:
976 That I am eligible to vote in this election; that I have not voted in this election in any
977 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
978 vote in this precinct; and
979 Subject to penalty of law for false statements, that the information contained in this
980 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
981 above address; and that I will be 16 or 17 years old on or before election day and have resided
982 in Utah for the 30 days immediately before this election.
983 Signed
984 ______________________________________________________________________
985 Dated
986 ______________________________________________________________________
987 In accordance with Section 20A-3a-506, wilfully providing false information above is a
988 class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
989 PRIVACY INFORMATION
990 Voter registration records contain some information that is available to the public, such
991 as your name and address, some information that is available only to government entities, and
992 some information that is available only to certain third parties in accordance with the
993 requirements of law.
994 Your driver license number, identification card number, social security number, email
995 address, and full date of birth are available only to government entities. Your year of birth is
996 available to political parties, candidates for public office, certain third parties, and their
997 contractors, employees, and volunteers, in accordance with the requirements of law.
998 You may request that all information on your voter registration records be withheld
999 from all persons other than government entities, political parties, candidates for public office,
1000 and their contractors, employees, and volunteers, by indicating here:
1001 _____ Yes, I request that all information on my voter registration records be withheld
1002 from all persons other than government entities, political parties, candidates for public office,
1003 and their contractors, employees, and volunteers.
1004 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
1005 In addition to the protections provided above, you may request that all information on
1006 your voter registration records be withheld from all political parties, candidates for public
1007 office, and their contractors, employees, and volunteers, by submitting a withholding request
1008 form, and any required verification, as described in the following paragraphs.
1009 A person may request that all information on the person's voter registration records be
1010 withheld from all political parties, candidates for public office, and their contractors,
1011 employees, and volunteers, by submitting a withholding request form with this registration
1012 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
1013 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
1014 A person may request that all information on the person's voter registration records be
1015 withheld from all political parties, candidates for public office, and their contractors,
1016 employees, and volunteers, by submitting a withholding request form and any required
1017 verification with this registration form, or to the lieutenant governor or a county clerk, if the
1018 person is, or resides with a person who is, a law enforcement officer, a member of the armed
1019 forces, a public figure, or protected by a protective order or a protection order.
1020 CITIZENSHIP AFFIDAVIT
1021 Name:
1022 Name at birth, if different:
1023 Place of birth:
1024 Date of birth:
1025 Date and place of naturalization (if applicable):
1026 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1027 citizen and that to the best of my knowledge and belief the information above is true and
1028 correct.
1029 ____________________________
1030 Signature of Applicant
1031 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1032 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1033 up to one year in jail and a fine of up to $2,500."
1034 [
1035 (a) a unique number;
1036 (b) a detachable part that includes the unique number; and
1037 (c) a telephone number, internet address, or other indicator of a means, in accordance
1038 with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
1039 Section 9. Section 20A-6-306 is enacted to read:
1040 20A-6-306. Student voter ballots.
1041 (1) If a local school board votes to allow student voters under Section 20A-14-203,
1042 election officers within the local school board's boundaries shall prepare a student voter ballot
1043 that will not allow a student voter to vote for any candidate or issue other than a local school
1044 board candidate.
1045 (2) Except as provided in Subsection (1), student voter ballots shall comply with all
1046 applicable requirements of this chapter.
1047 Section 10. Section 20A-14-203 is amended to read:
1048 20A-14-203. Becoming a member of a local board of education -- Declaration of
1049 candidacy -- Election -- Student voters.
1050 (1) An individual may become a candidate for a local school board:
1051 [
1052
1053 [
1054 the county clerk on or after the second Friday in March, and before 5 p.m. on the third
1055 Thursday in March, before the next regular general election; and
1056 (b) by paying the fee described in Section 20A-9-202.
1057 (2) (a) The term of office for an individual elected to a local board of education is four
1058 years, beginning on the first Monday in January after the election.
1059 (b) A member of a local board of education shall serve until a successor is elected or
1060 appointed and qualified.
1061 (c) A member of a local board of education is "qualified" when the member takes or
1062 signs the constitutional oath of office.
1063 (3) (a) A local school board may, by a majority vote, allow student voters to vote in the
1064 local school board's elections.
1065 (b) If a local school board votes to allow student voters to vote in the local school
1066 board's elections, the local school board shall, as soon as is reasonably possible after the vote,
1067 transmit notice of the vote to all election officers within the local school board's boundaries.
1068 Section 11. Section 63G-2-302 is amended to read:
1069 63G-2-302. Private records.
1070 (1) The following records are private:
1071 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1072 social services, welfare benefits, or the determination of benefit levels;
1073 (b) records containing data on individuals describing medical history, diagnosis,
1074 condition, treatment, evaluation, or similar medical data;
1075 (c) records of publicly funded libraries that when examined alone or with other records
1076 identify a patron;
1077 (d) records received by or generated by or for:
1078 (i) the Independent Legislative Ethics Commission, except for:
1079 (A) the commission's summary data report that is required under legislative rule; and
1080 (B) any other document that is classified as public under legislative rule; or
1081 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1082 unless the record is classified as public under legislative rule;
1083 (e) records received by, or generated by or for, the Independent Executive Branch
1084 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1085 of Executive Branch Ethics Complaints;
1086 (f) records received or generated for a Senate confirmation committee concerning
1087 character, professional competence, or physical or mental health of an individual:
1088 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1089 (A) reasonably could be expected to interfere with the investigation undertaken by the
1090 committee; or
1091 (B) would create a danger of depriving a person of a right to a fair proceeding or
1092 impartial hearing; and
1093 (ii) after the meeting, if the meeting was closed to the public;
1094 (g) employment records concerning a current or former employee of, or applicant for
1095 employment with, a governmental entity that would disclose that individual's home address,
1096 home telephone number, social security number, insurance coverage, marital status, or payroll
1097 deductions;
1098 (h) records or parts of records under Section 63G-2-303 that a current or former
1099 employee identifies as private according to the requirements of that section;
1100 (i) that part of a record indicating a person's social security number or federal employer
1101 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1102 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1103 (j) that part of a voter registration record identifying a voter's:
1104 (i) driver license or identification card number;
1105 (ii) social security number, or last four digits of the social security number;
1106 (iii) email address; or
1107 (iv) date of birth;
1108 (k) a voter registration record that is classified as a private record by the lieutenant
1109 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
1110 20A-2-204(4)(b) or (c);
1111 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1112 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1113 verification submitted in support of the form;
1114 (n) a record that:
1115 (i) contains information about an individual;
1116 (ii) is voluntarily provided by the individual; and
1117 (iii) goes into an electronic database that:
1118 (A) is designated by and administered under the authority of the Chief Information
1119 Officer; and
1120 (B) acts as a repository of information about the individual that can be electronically
1121 retrieved and used to facilitate the individual's online interaction with a state agency;
1122 (o) information provided to the Commissioner of Insurance under:
1123 (i) Subsection 31A-23a-115(3)(a);
1124 (ii) Subsection 31A-23a-302(4); or
1125 (iii) Subsection 31A-26-210(4);
1126 (p) information obtained through a criminal background check under Title 11, Chapter
1127 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1128 (q) information provided by an offender that is:
1129 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1130 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
1131 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1132 77-43-108(4);
1133 (r) a statement and any supporting documentation filed with the attorney general in
1134 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1135 homeland security;
1136 (s) electronic toll collection customer account information received or collected under
1137 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1138 collected by a public transit district, including contact and payment information and customer
1139 travel data;
1140 (t) an email address provided by a military or overseas voter under Section
1141 20A-16-501;
1142 (u) a completed military-overseas ballot that is electronically transmitted under Title
1143 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1144 (v) records received by or generated by or for the Political Subdivisions Ethics Review
1145 Commission established in Section 63A-15-201, except for:
1146 (i) the commission's summary data report that is required in Section 63A-15-202; and
1147 (ii) any other document that is classified as public in accordance with Title 63A,
1148 Chapter 15, Political Subdivisions Ethics Review Commission;
1149 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1150 an incident or threat;
1151 (x) a criminal background check or credit history report conducted in accordance with
1152 Section 63A-3-201;
1153 (y) a record described in Subsection 53-5a-104(7);
1154 (z) the following portions of a record maintained by a county for the purpose of
1155 administering property taxes, an individual's:
1156 (i) email address;
1157 (ii) phone number; or
1158 (iii) personal financial information related to a person's payment method; and
1159 (aa) a record concerning an individual's eligibility for an exemption, deferral,
1160 abatement, or relief under:
1161 (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
1162 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1163 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1164 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions.
1165 (2) The following records are private if properly classified by a governmental entity:
1166 (a) records concerning a current or former employee of, or applicant for employment
1167 with a governmental entity, including performance evaluations and personal status information
1168 such as race, religion, or disabilities, but not including records that are public under Subsection
1169 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1170 (b) records describing an individual's finances, except that the following are public:
1171 (i) records described in Subsection 63G-2-301(2);
1172 (ii) information provided to the governmental entity for the purpose of complying with
1173 a financial assurance requirement; or
1174 (iii) records that must be disclosed in accordance with another statute;
1175 (c) records of independent state agencies if the disclosure of those records would
1176 conflict with the fiduciary obligations of the agency;
1177 (d) other records containing data on individuals the disclosure of which constitutes a
1178 clearly unwarranted invasion of personal privacy;
1179 (e) records provided by the United States or by a government entity outside the state
1180 that are given with the requirement that the records be managed as private records, if the
1181 providing entity states in writing that the record would not be subject to public disclosure if
1182 retained by it;
1183 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1184 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1185 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1186 (g) audio and video recordings created by a body-worn camera, as defined in Section
1187 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1188 (i) depict the commission of an alleged crime;
1189 (ii) record any encounter between a law enforcement officer and a person that results in
1190 death or bodily injury, or includes an instance when an officer fires a weapon;
1191 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1192 against a law enforcement officer or law enforcement agency;
1193 (iv) contain an officer involved critical incident as defined in Subsection
1194 76-2-408(1)(f); or
1195 (v) have been requested for reclassification as a public record by a subject or
1196 authorized agent of a subject featured in the recording.
1197 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1198 records, statements, history, diagnosis, condition, treatment, and evaluation.
1199 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1200 doctors, or affiliated entities are not private records or controlled records under Section
1201 63G-2-304 when the records are sought:
1202 (i) in connection with any legal or administrative proceeding in which the patient's
1203 physical, mental, or emotional condition is an element of any claim or defense; or
1204 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1205 relies upon the condition as an element of the claim or defense.
1206 (c) Medical records are subject to production in a legal or administrative proceeding
1207 according to state or federal statutes or rules of procedure and evidence as if the medical
1208 records were in the possession of a nongovernmental medical care provider.