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6 Cosponsor:
Dan N. Johnson
7
8 LONG TITLE
9 General Description:
10 This bill creates a student voter pilot project for local school board elections.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ allows local school boards to vote to allow students who are 16 and 17 years old to
15 vote in local school board elections; and
16 ▸ makes technical and conforming changes.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 AMENDS:
23 20A-1-102, as last amended by Laws of Utah 2020, Chapters 31, 49, 255, and 354
24 20A-2-101, as last amended by Laws of Utah 2019, Chapter 433
25 20A-2-101.1, as last amended by Laws of Utah 2018, Chapter 223
26 20A-2-104, as last amended by Laws of Utah 2020, Chapter 255
27 20A-2-204, as last amended by Laws of Utah 2020, Chapters 31, 95, 255 and last
28 amended by Coordination Clause, Laws of Utah 2020, Chapter 95
29 20A-2-302, as last amended by Laws of Utah 2020, Chapter 31
30 20A-2-304, as last amended by Laws of Utah 2020, Chapter 31
31 20A-6-105, as last amended by Laws of Utah 2020, Chapters 31 and 255
32 20A-14-203, as last amended by Laws of Utah 2016, Chapter 16
33 63G-2-302, as last amended by Laws of Utah 2020, Fifth Special Session, Chapter 4
34 ENACTS:
35 20A-6-306, Utah Code Annotated 1953
36
37 Be it enacted by the Legislature of the state of Utah:
38 Section 1. Section 20A-1-102 is amended to read:
39 20A-1-102. Definitions.
40 As used in this title:
41 (1) "Active voter" means a registered voter who has not been classified as an inactive
42 voter by the county clerk.
43 (2) "Automatic tabulating equipment" means apparatus that automatically examines
44 and counts votes recorded on ballots and tabulates the results.
45 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
46 storage medium, that records an individual voter's vote.
47 (b) "Ballot" does not include a record to tally multiple votes.
48 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
49 on the ballot for their approval or rejection including:
50 (a) an opinion question specifically authorized by the Legislature;
51 (b) a constitutional amendment;
52 (c) an initiative;
53 (d) a referendum;
54 (e) a bond proposition;
55 (f) a judicial retention question;
56 (g) an incorporation of a city or town; or
57 (h) any other ballot question specifically authorized by the Legislature.
58 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
59 together using staples or another means in at least three places across the top of the paper in the
60 blank space reserved for securing the paper.
61 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
62 20A-4-306 to canvass election returns.
63 (7) "Bond election" means an election held for the purpose of approving or rejecting
64 the proposed issuance of bonds by a government entity.
65 (8) "Business reply mail envelope" means an envelope that may be mailed free of
66 charge by the sender.
67 (9) "Canvass" means the review of election returns and the official declaration of
68 election results by the board of canvassers.
69 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
70 the canvass.
71 (11) "Contracting election officer" means an election officer who enters into a contract
72 or interlocal agreement with a provider election officer.
73 (12) "Convention" means the political party convention at which party officers and
74 delegates are selected.
75 (13) "Counting center" means one or more locations selected by the election officer in
76 charge of the election for the automatic counting of ballots.
77 (14) "Counting judge" means a poll worker designated to count the ballots during
78 election day.
79 (15) "Counting room" means a suitable and convenient private place or room for use
80 by the poll workers and counting judges to count ballots.
81 (16) "County officers" means those county officers that are required by law to be
82 elected.
83 (17) "Date of the election" or "election day" or "day of the election":
84 (a) means the day that is specified in the calendar year as the day that the election
85 occurs; and
86 (b) does not include:
87 (i) deadlines established for voting by mail, military-overseas voting, or emergency
88 voting; or
89 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
90 Voting.
91 (18) "Elected official" means:
92 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
93 Municipal Alternate Voting Methods Pilot Project;
94 (b) a person who is considered to be elected to a municipal office in accordance with
95 Subsection 20A-1-206(1)(c)(ii); or
96 (c) a person who is considered to be elected to a local district office in accordance with
97 Subsection 20A-1-206(3)(c)(ii).
98 (19) "Election" means a regular general election, a municipal general election, a
99 statewide special election, a local special election, a regular primary election, a municipal
100 primary election, and a local district election.
101 (20) "Election Assistance Commission" means the commission established by the Help
102 America Vote Act of 2002, Pub. L. No. 107-252.
103 (21) "Election cycle" means the period beginning on the first day persons are eligible to
104 file declarations of candidacy and ending when the canvass is completed.
105 (22) "Election judge" means a poll worker that is assigned to:
106 (a) preside over other poll workers at a polling place;
107 (b) act as the presiding election judge; or
108 (c) serve as a canvassing judge, counting judge, or receiving judge.
109 (23) "Election officer" means:
110 (a) the lieutenant governor, for all statewide ballots and elections;
111 (b) the county clerk for:
112 (i) a county ballot and election; and
113 (ii) a ballot and election as a provider election officer as provided in Section
114 20A-5-400.1 or 20A-5-400.5;
115 (c) the municipal clerk for:
116 (i) a municipal ballot and election; and
117 (ii) a ballot and election as a provider election officer as provided in Section
118 20A-5-400.1 or 20A-5-400.5;
119 (d) the local district clerk or chief executive officer for:
120 (i) a local district ballot and election; and
121 (ii) a ballot and election as a provider election officer as provided in Section
122 20A-5-400.1 or 20A-5-400.5; or
123 (e) the business administrator or superintendent of a school district for:
124 (i) a school district ballot and election; and
125 (ii) a ballot and election as a provider election officer as provided in Section
126 20A-5-400.1 or 20A-5-400.5.
127 (24) "Election official" means any election officer, election judge, or poll worker.
128 (25) "Election results" means:
129 (a) for an election other than a bond election, the count of votes cast in the election and
130 the election returns requested by the board of canvassers; or
131 (b) for bond elections, the count of those votes cast for and against the bond
132 proposition plus any or all of the election returns that the board of canvassers may request.
133 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
134 registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
135 ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
136 the total votes cast form.
137 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
138 or logically associated with a record and executed or adopted by a person with the intent to sign
139 the record.
140 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
141 clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
142 (29) "Judicial office" means the office filled by any judicial officer.
143 (30) "Judicial officer" means any justice or judge of a court of record or any county
144 court judge.
145 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
146 Local Government Entities - Local Districts, and includes a special service district under Title
147 17D, Chapter 1, Special Service District Act.
148 (32) "Local district officers" means those local district board members that are required
149 by law to be elected.
150 (33) "Local election" means a regular county election, a regular municipal election, a
151 municipal primary election, a local special election, a local district election, and a bond
152 election.
153 (34) "Local political subdivision" means a county, a municipality, a local district, or a
154 local school district.
155 (35) "Local special election" means a special election called by the governing body of a
156 local political subdivision in which all registered voters of the local political subdivision may
157 vote.
158 (36) "Manual ballot" means a paper document produced by an election officer on
159 which an individual records an individual's vote by directly placing a mark on the paper
160 document using a pen or other marking instrument.
161 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
162 mechanical record, that:
163 (a) is created via electronic or mechanical means; and
164 (b) records an individual voter's vote cast via a method other than an individual directly
165 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
166 (38) "Municipal executive" means:
167 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
168 (b) the mayor in the council-manager form of government defined in Subsection
169 10-3b-103(7); or
170 (c) the chair of a metro township form of government defined in Section 10-3b-102.
171 (39) "Municipal general election" means the election held in municipalities and, as
172 applicable, local districts on the first Tuesday after the first Monday in November of each
173 odd-numbered year for the purposes established in Section 20A-1-202.
174 (40) "Municipal legislative body" means:
175 (a) the council of the city or town in any form of municipal government; or
176 (b) the council of a metro township.
177 (41) "Municipal office" means an elective office in a municipality.
178 (42) "Municipal officers" means those municipal officers that are required by law to be
179 elected.
180 (43) "Municipal primary election" means an election held to nominate candidates for
181 municipal office.
182 (44) "Municipality" means a city, town, or metro township.
183 (45) "Official ballot" means the ballots distributed by the election officer for voters to
184 record their votes.
185 (46) "Official endorsement" means the information on the ballot that identifies:
186 (a) the ballot as an official ballot;
187 (b) the date of the election; and
188 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
189 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
190 (ii) for a ballot prepared by a county clerk, the words required by Subsection
191 20A-6-301(1)(b)(iii).
192 (47) "Official register" means the official record furnished to election officials by the
193 election officer that contains the information required by Section 20A-5-401.
194 (48) "Political party" means an organization of registered voters that has qualified to
195 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
196 and Procedures.
197 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
198 election, voting, or counting votes.
199 (b) "Poll worker" includes election judges.
200 (c) "Poll worker" does not include a watcher.
201 (50) "Pollbook" means a record of the names of voters in the order that they appear to
202 cast votes.
203 (51) "Polling place" means a building where voting is conducted.
204 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
205 in which the voter marks the voter's choice.
206 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
207 8, Presidential Primary Election.
208 (54) "Primary convention" means the political party conventions held during the year
209 of the regular general election.
210 (55) "Protective counter" means a separate counter, which cannot be reset, that:
211 (a) is built into a voting machine; and
212 (b) records the total number of movements of the operating lever.
213 (56) "Provider election officer" means an election officer who enters into a contract or
214 interlocal agreement with a contracting election officer to conduct an election for the
215 contracting election officer's local political subdivision in accordance with Section
216 20A-5-400.1.
217 (57) "Provisional ballot" means a ballot voted provisionally by a person:
218 (a) whose name is not listed on the official register at the polling place;
219 (b) whose legal right to vote is challenged as provided in this title; or
220 (c) whose identity was not sufficiently established by a poll worker.
221 (58) "Provisional ballot envelope" means an envelope printed in the form required by
222 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
223 verify a person's legal right to vote.
224 (59) (a) "Public figure" means an individual who, due to the individual being
225 considered for, holding, or having held a position of prominence in a public or private capacity,
226 or due to the individual's celebrity status, has an increased risk to the individual's safety.
227 (b) "Public figure" does not include an individual:
228 (i) elected to public office; or
229 (ii) appointed to fill a vacancy in an elected public office.
230 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
231 duties of the position for which the individual was elected.
232 (61) "Receiving judge" means the poll worker that checks the voter's name in the
233 official register at a polling location and provides the voter with a ballot.
234 (62) "Registration form" means a form by which an individual may register to vote
235 under this title.
236 (63) "Regular ballot" means a ballot that is not a provisional ballot.
237 (64) "Regular general election" means the election held throughout the state on the first
238 Tuesday after the first Monday in November of each even-numbered year for the purposes
239 established in Section 20A-1-201.
240 (65) "Regular primary election" means the election, held on the date specified in
241 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
242 local school board positions to advance to the regular general election.
243 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
244 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
245 provided to a voter with a manual ballot:
246 (a) into which the voter places the manual ballot after the voter has voted the manual
247 ballot in order to preserve the secrecy of the voter's vote; and
248 (b) that includes the voter affidavit and a place for the voter's signature.
249 (68) "Sample ballot" means a mock ballot similar in form to the official ballot printed
250 and distributed as provided in Section 20A-5-405.
251 (69) "Special election" means an election held as authorized by Section 20A-1-203.
252 (70) "Spoiled ballot" means each ballot that:
253 (a) is spoiled by the voter;
254 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
255 (c) lacks the official endorsement.
256 (71) "Statewide special election" means a special election called by the governor or the
257 Legislature in which all registered voters in Utah may vote.
258 (72) "Student voter" means a 16-year-old or 17-year-old individual who is registered to
259 vote in a local school board election.
260 [
261 purpose of tabulating votes cast by voters at an election.
262 [
263 (a) political parties;
264 (b) candidates for an office; or
265 (c) ballot propositions.
266 [
267 counting center.
268 [
269 by statute, whether that absence occurs because of death, disability, disqualification,
270 resignation, or other cause.
271 [
272 (a) a form of identification that bears the name and photograph of the voter which may
273 include:
274 (i) a currently valid Utah driver license;
275 (ii) a currently valid identification card that is issued by:
276 (A) the state; or
277 (B) a branch, department, or agency of the United States;
278 (iii) a currently valid Utah permit to carry a concealed weapon;
279 (iv) a currently valid United States passport; or
280 (v) a currently valid United States military identification card;
281 (b) one of the following identification cards, whether or not the card includes a
282 photograph of the voter:
283 (i) a valid tribal identification card;
284 (ii) a Bureau of Indian Affairs card; or
285 (iii) a tribal treaty card; or
286 (c) two forms of identification not listed under Subsection [
287 bear the name of the voter and provide evidence that the voter resides in the voting precinct,
288 which may include:
289 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
290 election;
291 (ii) a bank or other financial account statement, or a legible copy thereof;
292 (iii) a certified birth certificate;
293 (iv) a valid social security card;
294 (v) a check issued by the state or the federal government or a legible copy thereof;
295 (vi) a paycheck from the voter's employer, or a legible copy thereof;
296 (vii) a currently valid Utah hunting or fishing license;
297 (viii) certified naturalization documentation;
298 (ix) a currently valid license issued by an authorized agency of the United States;
299 (x) a certified copy of court records showing the voter's adoption or name change;
300 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
301 (xii) a currently valid identification card issued by:
302 (A) a local government within the state;
303 (B) an employer for an employee; or
304 (C) a college, university, technical school, or professional school located within the
305 state; or
306 (xiii) a current Utah vehicle registration.
307 [
308 write-in candidate by following the procedures and requirements of this title.
309 [
310 voter, by:
311 (a) mailing the ballot to the location designated in the mailing; or
312 (b) depositing the ballot in a ballot drop box designated by the election officer.
313 [
314 (a) meets the requirements for voting in an election;
315 (b) meets the requirements of election registration;
316 (c) is registered to vote; and
317 (d) is listed in the official register book.
318 [
319 Section 20A-2-102.5.
320 [
321 machines, and ballot box.
322 [
323 (a) the space or compartment within a polling place that is provided for the preparation
324 of ballots, including the voting enclosure or curtain; or
325 (b) a voting device that is free standing.
326 [
327 voter to vote a mechanical ballot.
328 [
329 under Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
330 [
331 described in Section 20A-3a-801 to become a watcher for an election.
332 [
333 [
334 printed on the ballot, in accordance with the procedures established in this title.
335 Section 2. Section 20A-2-101 is amended to read:
336 20A-2-101. Eligibility for registration.
337 (1) Except as provided in Subsection [
338 election who:
339 (a) is a citizen of the United States;
340 (b) has been a resident of Utah for at least the 30 days immediately before the election;
341 (c) will be:
342 (i) at least 18 years [
343 (ii) if the election is a regular primary election, a municipal primary election, or a
344 presidential primary election:
345 (A) 17 years [
346 municipal primary election, or presidential primary election; and
347 (B) 18 years [
348 follows the regular primary election, municipal primary election, or presidential primary
349 election; and
350 (d) currently resides within the voting district or precinct in which the individual
351 applies to register to vote.
352 (2) Except as provided in Subsection (3), an individual may register to vote as a
353 student voter in a local school board election if:
354 (a) the individual will be 16 or 17 years old on the date of the general election for the
355 local school board;
356 (b) the individual meets the qualifications under Subsections (1)(a), (b), and (d); and
357 (c) the local school board where the individual currently resides has voted to allow
358 student voters under Section 20A-14-203.
359 [
360 prison, or other facility within a voting precinct is not a resident of that voting precinct and may
361 not register to vote in that voting precinct unless the individual was a resident of that voting
362 precinct before the confinement or incarceration.
363 (ii) An individual who is involuntarily confined or incarcerated in a jail or prison is a
364 resident of the voting precinct in which the individual resided before the confinement or
365 incarceration.
366 (b) An individual who has been convicted of a felony or a misdemeanor for an offense
367 under this title may not register to vote or remain registered to vote unless the individual's right
368 to vote has been restored as provided in Section 20A-2-101.3 or 20A-2-101.5.
369 (c) An individual whose right to vote has been restored, as provided in Section
370 20A-2-101.3 or 20A-2-101.5, is eligible to register to vote.
371 [
372 resides within the geographic boundaries of the entity in which the election is held may register
373 to vote in a:
374 (a) regular general election;
375 (b) regular primary election;
376 (c) municipal general election;
377 (d) municipal primary election;
378 (e) statewide special election;
379 (f) local special election;
380 (g) local district election;
381 (h) bond election; and
382 (i) presidential primary election.
383 (5) An individual who is eligible to vote as a student voter and who resides within the
384 geographic boundaries of the local school board district in which the election is held may
385 register to vote in the primary and general elections for the local school board.
386 Section 3. Section 20A-2-101.1 is amended to read:
387 20A-2-101.1. Preregistering to vote.
388 (1) An individual may preregister to vote if the individual:
389 (a) is 16 or 17 years [
390 (b) is not eligible to register to vote because the individual does not comply with the
391 age requirements described in Subsection 20A-2-101(1)(c);
392 (c) is a citizen of the United States;
393 (d) has been a resident of Utah for at least 30 days; and
394 (e) currently resides within the voting district or precinct in which the individual
395 preregisters to vote.
396 (2) An individual described in Subsection (1) may not vote in an election and is not
397 registered to vote until:
398 (a) the individual is otherwise eligible to register to vote because the individual
399 complies with the age requirements described in Subsection 20A-2-101(1)(c); and
400 (b) the county clerk registers the individual to vote under Subsection (4).
401 (3) An individual who preregisters to vote shall:
402 (a) complete a voter registration form, including an indication that the individual is
403 preregistering to vote; and
404 (b) submit the voter registration form to a county clerk in person, by mail, or in any
405 other manner authorized by this chapter for the submission of a voter registration form.
406 (4) (a) A county clerk shall:
407 (i) retain the voter registration form of an individual who meets the qualifications for
408 preregistration and who submits a completed voter registration form to the county clerk under
409 Subsection (3)(b);
410 (ii) register the individual to vote in the next election in which the individual will be
411 eligible to vote, before the voter registration deadline established in Section 20A-2-102.5 for
412 that election; and
413 (iii) send a notice to the individual that:
414 (A) informs the individual that the individual's voter registration form has been
415 accepted as an application for preregistration;
416 (B) informs the individual that the individual will be registered to vote in the next
417 election in which the individual will be eligible to vote; and
418 (C) indicates in which election the individual will be registered to vote.
419 (b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
420 considered to have applied for voter registration on the earlier of:
421 (i) the day of the voter registration deadline immediately preceding the election day on
422 which the individual will be at least 18 years [
423 (ii) the day on which the individual turns 18 years [
424 (c) A county clerk shall refer a voter registration form to the county attorney for
425 investigation and possible prosecution if the clerk or the clerk's designee believes the
426 individual is attempting to preregister to vote in an election in which the individual will not be
427 legally entitled to vote.
428 (5) (a) The lieutenant governor or a county clerk shall classify the voter registration
429 record of an individual who preregisters to vote as a private record until the day on which the
430 individual turns 18 years [
431 (b) On the day on which the individual described in Subsection (5)(a) turns 18 years [
432
433 record as a public record in accordance with Subsection 63G-2-301(2)(l).
434 (6) If an individual who is at least 18 years [
435 voter registration form that the individual is preregistering to vote, the county clerk shall
436 consider the form as a voter registration form and shall process the form in accordance with
437 this chapter.
438 (7) (a) Notwithstanding Subsection (1)(b), an individual who registers to vote as a
439 student voter shall also be preregistered to vote unless the individual opts out of preregistration
440 on the individual's voter registration form.
441 (b) Subsection (2) does not prevent an individual who is preregistered to vote and who
442 is registered as a student voter from voting in a local school board election.
443 Section 4. Section 20A-2-104 is amended to read:
444 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
445 (1) (a) As used in this section:
446 (i) "Candidate for public office" means an individual:
447 (A) who files a declaration of candidacy for a public office;
448 (B) who files a notice of intent to gather signatures under Section 20A-9-408; or
449 (C) employed by, under contract with, or a volunteer of, an individual described in
450 Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
451 (ii) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
452 the federal Violence Against Women Act of 1994, as amended.
453 (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1
454 and the federal Violence Against Women Act of 1994, as amended.
455 (b) An individual applying for voter registration, or an individual preregistering to
456 vote, shall complete a voter registration form in substantially the following form:
457 -----------------------------------------------------------------------------------------------------------------
458
459 Are you a citizen of the United States of America? Yes No
460 If you checked "no" to the above question, do not complete this form.
461 Will you be 18 years [
462 If you checked "no" to the above question, are you 16 or 17 years [
463 preregistering to vote or registering to vote as a student voter? Yes No
464 If you are not eligible to vote as a student voter, you will be preregistered to vote. If you are
465 eligible to vote in a local school board election, you will be registered as a student voter and
466 also preregistered to vote as an adult unless you check the box below:
467 I am registering as a student voter and do not want to be preregistered to vote as an adult.
468 If you [
469 election day and you are not preregistering to vote or registering to vote as a student voter, do
470 not complete this form.
471 Name of Voter
472 _________________________________________________________________
473 First Middle Last
474 Utah Driver License or Utah Identification Card Number____________________________
475 Date of Birth ______________________________________________________
476 Street Address of Principal Place of Residence
477 ____________________________________________________________________________
478 City County State Zip Code
479 Telephone Number (optional) _________________________
480 Last four digits of Social Security Number ______________________
481 Last former address at which I was registered to vote (if
482 known)__________________________
483 ____________________________________________________________________________
484 City County State Zip Code
485 Political Party
486 (a listing of each registered political party, as defined in Section 20A-8-101 and maintained by
487 the lieutenant governor under Section 67-1a-2, with each party's name preceded by a checkbox)
488 ◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
489 I do swear (or affirm), subject to penalty of law for false statements, that the
490 information contained in this form is true, and that I am a citizen of the United States and a
491 resident of the state of Utah, residing at the above address. Unless I have indicated above that I
492 am registering to vote as a student voter or preregistering to vote in a later election, I will be at
493 least 18 years [
494 next election. I am not a convicted felon currently incarcerated for commission of a felony.
495 Signed and sworn
496 __________________________________________________________
497 Voter's Signature
498 _______________(month/day/year).
499
500 Voter registration records contain some information that is available to the public, such
501 as your name and address, some information that is available only to government entities, and
502 some information that is available only to certain third parties in accordance with the
503 requirements of law.
504 Your driver license number, identification card number, social security number, email
505 address, and full date of birth are available only to government entities. Your year of birth is
506 available to political parties, candidates for public office, certain third parties, and their
507 contractors, employees, and volunteers, in accordance with the requirements of law.
508 You may request that all information on your voter registration records be withheld
509 from all persons other than government entities, political parties, candidates for public office,
510 and their contractors, employees, and volunteers, by indicating here:
511 _____ Yes, I request that all information on my voter registration records be withheld
512 from all persons other than government entities, political parties, candidates for public office,
513 and their contractors, employees, and volunteers.
514
515 In addition to the protections provided above, you may request that all information on
516 your voter registration records be withheld from all political parties, candidates for public
517 office, and their contractors, employees, and volunteers, by submitting a withholding request
518 form, and any required verification, as described in the following paragraphs.
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 with this registration
522 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
523 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
524 A person may request that all information on the person's voter registration records be
525 withheld from all political parties, candidates for public office, and their contractors,
526 employees, and volunteers, by submitting a withholding request form and any required
527 verification with this registration form, or to the lieutenant governor or a county clerk, if the
528 person is, or resides with a person who is, a law enforcement officer, a member of the armed
529 forces, a public figure, or protected by a protective order or a protection order.
530
531 Name:
532 Name at birth, if different:
533 Place of birth:
534 Date of birth:
535 Date and place of naturalization (if applicable):
536 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
537 citizen and that to the best of my knowledge and belief the information above is true and
538 correct.
539 ____________________________
540 Signature of Applicant
541 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
542 allowing yourself to be registered or preregistered to vote if you know you are not entitled to
543 register or preregister to vote is up to one year in jail and a fine of up to $2,500.
544 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
545 VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
546 BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
547 PHOTOGRAPH; OR
548 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
549 CURRENT ADDRESS.
550 FOR OFFICIAL USE ONLY
551 Type of I.D. ____________________________
552 Voting Precinct _________________________
553 Voting I.D. Number _____________________
554 ------------------------------------------------------------------------------------------------------------------
555 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
556 of each voter registration form in a permanent countywide alphabetical file, which may be
557 electronic or some other recognized system.
558 (b) The county clerk may transfer a superseded voter registration form to the Division
559 of Archives and Records Service created under Section 63A-12-101.
560 (3) (a) Each county clerk shall retain lists of currently registered voters.
561 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
562 (c) If there are any discrepancies between the two lists, the county clerk's list is the
563 official list.
564 (d) The lieutenant governor and the county clerks may charge the fees established
565 under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
566 the list of registered voters.
567 (4) (a) As used in this Subsection (4), "qualified person" means:
568 (i) a government official or government employee acting in the government official's or
569 government employee's capacity as a government official or a government employee;
570 (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
571 independent contractor of a health care provider;
572 (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
573 independent contractor of an insurance company;
574 (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
575 independent contractor of a financial institution;
576 (v) a political party, or an agent, employee, or independent contractor of a political
577 party;
578 (vi) a candidate for public office, or an employee, independent contractor, or volunteer
579 of a candidate for public office; or
580 (vii) a person, or an agent, employee, or independent contractor of the person, who:
581 (A) provides the year of birth of a registered voter that is obtained from the list of
582 registered voters only to a person who is a qualified person;
583 (B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
584 birth that is obtained from the list of registered voters is provided, is a qualified person;
585 (C) ensures, using industry standard security measures, that the year of birth of a
586 registered voter that is obtained from the list of registered voters may not be accessed by a
587 person other than a qualified person;
588 (D) verifies that each qualified person, other than a qualified person described in
589 Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered
590 voter that is obtained from the list of registered voters, will only use the year of birth to verify
591 the accuracy of personal information submitted by an individual or to confirm the identity of a
592 person in order to prevent fraud, waste, or abuse;
593 (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
594 person provides the year of birth of a registered voter that is obtained from the list of registered
595 voters, will only use the year of birth in the qualified person's capacity as a government official
596 or government employee; and
597 (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
598 whom the person provides the year of birth of a registered voter that is obtained from the list of
599 registered voters, will only use the year of birth for a political purpose of the political party or
600 candidate for public office.
601 (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
602 Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
603 providing the list of registered voters to a qualified person under this section, include, with the
604 list, the years of birth of the registered voters, if:
605 (i) the lieutenant governor or a county clerk verifies the identity of the person and that
606 the person is a qualified person; and
607 (ii) the qualified person signs a document that includes the following:
608 (A) the name, address, and telephone number of the person requesting the list of
609 registered voters;
610 (B) an indication of the type of qualified person that the person requesting the list
611 claims to be;
612 (C) a statement regarding the purpose for which the person desires to obtain the years
613 of birth;
614 (D) a list of the purposes for which the qualified person may use the year of birth of a
615 registered voter that is obtained from the list of registered voters;
616 (E) a statement that the year of birth of a registered voter that is obtained from the list
617 of registered voters may not be provided or used for a purpose other than a purpose described
618 under Subsection (4)(b)(ii)(D);
619 (F) a statement that if the person obtains the year of birth of a registered voter from the
620 list of registered voters under false pretenses, or provides or uses the year of birth of a
621 registered voter that is obtained from the list of registered voters in a manner that is prohibited
622 by law, is guilty of a class A misdemeanor and is subject to a civil fine;
623 (G) an assertion from the person that the person will not provide or use the year of
624 birth of a registered voter that is obtained from the list of registered voters in a manner that is
625 prohibited by law; and
626 (H) notice that if the person makes a false statement in the document, the person is
627 punishable by law under Section 76-8-504.
628 (c) The lieutenant governor or a county clerk may not disclose the year of birth of a
629 registered voter to a person that the lieutenant governor or county clerk reasonably believes:
630 (i) is not a qualified person or a person described in Subsection (4)(l); or
631 (ii) will provide or use the year of birth in a manner prohibited by law.
632 (d) The lieutenant governor or a county clerk may not disclose the voter registration
633 form of a person, or information included in the person's voter registration form, whose voter
634 registration form is classified as private under Subsection (4)(h) to a person other than:
635 (i) a government official or government employee acting in the government official's or
636 government employee's capacity as a government official or government employee; or
637 (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
638 described in Subsection (4)(a)(v) or (vi) for a political purpose.
639 (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
640 governor or county clerk shall exclude the information described in Subsection
641 63G-2-302(1)(j), other than the year of birth.
642 (f) The lieutenant governor or a county clerk may not disclose a withholding request
643 form, described in Subsections (7) and (8), submitted by an individual, or information obtained
644 from that form, to a person other than a government official or government employee acting in
645 the government official's or government employee's capacity as a government official or
646 government employee.
647 (g) A person is guilty of a class A misdemeanor if the person:
648 (i) obtains the year of birth of a registered voter from the list of registered voters under
649 false pretenses;
650 (ii) uses or provides the year of birth of a registered voter that is obtained from the list
651 of registered voters in a manner that is not permitted by law;
652 (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
653 false pretenses;
654 (iv) uses or provides information obtained from a voter registration record described in
655 Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
656 (v) unlawfully discloses or obtains a voter registration record withheld under
657 Subsection (7) or a withholding request form described in Subsections (7) and (8); or
658 (vi) unlawfully discloses or obtains information from a voter registration record
659 withheld under Subsection (7) or a withholding request form described in Subsections (7) and
660 (8).
661 (h) The lieutenant governor or a county clerk shall classify the voter registration record
662 of a voter as a private record if the voter:
663 (i) submits a written application, created by the lieutenant governor, requesting that the
664 voter's voter registration record be classified as private;
665 (ii) requests on the voter's voter registration form that the voter's voter registration
666 record be classified as a private record; [
667 (iii) submits a withholding request form described in Subsection (7) and any required
668 verification[
669 (iv) registers to vote as a student voter or preregisters to vote and is not yet 18 years
670 old.
671 (i) The lieutenant governor or a county clerk may not disclose to a person described in
672 Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
673 registration record, if the record is withheld under Subsection (7).
674 (j) In addition to any criminal penalty that may be imposed under this section, the
675 lieutenant governor may impose a civil fine against a person who violates a provision of this
676 section, in an amount equal to the greater of:
677 (i) the product of 30 and the square root of the total number of:
678 (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
679 dollar; or
680 (B) records from which information is obtained, provided, or used unlawfully, rounded
681 to the nearest whole dollar; or
682 (ii) $200.
683 (k) A qualified person may not obtain, provide, or use the year of birth of a registered
684 voter, if the year of birth is obtained from the list of registered voters or from a voter
685 registration record, unless the person:
686 (i) is a government official or government employee who obtains, provides, or uses the
687 year of birth in the government official's or government employee's capacity as a government
688 official or government employee;
689 (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
690 uses the year of birth only to verify the accuracy of personal information submitted by an
691 individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
692 (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
693 provides, or uses the year of birth for a political purpose of the political party or candidate for
694 public office; or
695 (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
696 uses the year of birth to provide the year of birth to another qualified person to verify the
697 accuracy of personal information submitted by an individual or to confirm the identity of a
698 person in order to prevent fraud, waste, or abuse.
699 (l) The lieutenant governor or a county clerk may provide a year of birth to a member
700 of the media, in relation to an individual designated by the member of the media, in order for
701 the member of the media to verify the identity of the individual.
702 (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
703 information from a voter registration record for a purpose other than a political purpose.
704 (5) When political parties not listed on the voter registration form qualify as registered
705 political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
706 lieutenant governor shall inform the county clerks of the name of the new political party and
707 direct the county clerks to ensure that the voter registration form is modified to include that
708 political party.
709 (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
710 clerk's designee shall:
711 (a) review each voter registration form for completeness and accuracy; and
712 (b) if the county clerk believes, based upon a review of the form, that an individual
713 may be seeking to register or preregister to vote who is not legally entitled to register or
714 preregister to vote, refer the form to the county attorney for investigation and possible
715 prosecution.
716 (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
717 person described in Subsection (4)(a)(i), the voter registration record, and information obtained
718 from the voter registration record, of an individual:
719 (a) who submits a withholding request form, with the voter registration record or to the
720 lieutenant governor or a county clerk, if:
721 (i) the individual indicates on the form that the individual, or an individual who resides
722 with the individual, is a victim of domestic violence or dating violence or is likely to be a
723 victim of domestic violence or dating violence; or
724 (ii) the individual indicates on the form and provides verification that the individual, or
725 an individual who resides with the individual, is:
726 (A) a law enforcement officer;
727 (B) a member of the armed forces, as defined in Section 20A-1-513;
728 (C) a public figure; or
729 (D) protected by a protective order or protection order; [
730 (b) whose voter registration record was classified as a private record at the request of
731 the individual before May 12, 2020[
732 (c) who registered to vote as a student voter or preregistered to vote and is not yet 18
733 years old.
734 (8) (a) The lieutenant governor shall design and distribute the withholding request form
735 described in Subsection (7) to each election officer and to each agency that provides a voter
736 registration form.
737 (b) An individual described in Subsection (7)(a)(i) is not required to provide
738 verification, other than the individual's attestation and signature on the withholding request
739 form, that the individual, or an individual who resides with the individual, is a victim of
740 domestic violence or dating violence or is likely to be a victim of domestic violence or dating
741 violence.
742 (c) The director of elections within the Office of the Lieutenant Governor shall make
743 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
744 establishing requirements for providing the verification described in Subsection (7)(a)(ii).
745 (9) An election officer or an employee of an election officer may not encourage an
746 individual to submit, or discourage an individual from submitting, a withholding request form.
747 Section 5. Section 20A-2-204 is amended to read:
748 20A-2-204. Registering to vote when applying for or renewing a driver license.
749 (1) As used in this section, "voter registration form" means, when an individual named
750 on a qualifying form, as defined in Section 20A-2-108, answers "yes" to the question described
751 in Subsection 20A-2-108(2)(a), the information on the qualifying form that can be used for
752 voter registration purposes.
753 (2) A citizen who is qualified to vote may register to vote, and a citizen who is
754 qualified to preregister to vote may preregister to vote, by answering "yes" to the question
755 described in Subsection 20A-2-108(2)(a) and completing the voter registration form.
756 (3) The Driver License Division shall:
757 (a) assist an individual in completing the voter registration form unless the individual
758 refuses assistance;
759 (b) electronically transmit each address change to the lieutenant governor within five
760 days after the day on which the division receives the address change; and
761 (c) within five days after the day on which the division receives a voter registration
762 form, electronically transmit the form to the Office of the Lieutenant Governor, including the
763 following for the individual named on the form:
764 (i) the name, date of birth, driver license or state identification card number, last four
765 digits of the social security number, Utah residential address, place of birth, and signature;
766 (ii) a mailing address, if different from the individual's Utah residential address;
767 (iii) an email address and phone number, if available;
768 (iv) the desired political affiliation, if indicated;
769 (v) an indication of whether the individual requested that the individual's voter
770 registration record be classified as a private record under Subsection 20A-2-108(2)(b); and
771 (vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
772 verification submitted with the form.
773 (4) Upon receipt of an individual's voter registration form from the Driver License
774 Division under Subsection (3), the lieutenant governor shall:
775 (a) enter the information into the statewide voter registration database; [
776 (b) if the individual requests on the individual's voter registration form that the
777 individual's voter registration record be classified as a private record or the individual submits a
778 withholding request form described in Subsections 20A-2-104(7) and (8) and any required
779 verification, classify the individual's voter registration record as a private record[
780 (c) if the individual is registering to vote as a student voter, classify the individual's
781 voter registration record as a private record until the day on which the individual is 18 years
782 old.
783 (5) The county clerk of an individual whose information is entered into the statewide
784 voter registration database under Subsection (4) shall:
785 (a) ensure that the individual meets the qualifications to be registered or preregistered
786 to vote; and
787 (b) (i) if the individual meets the qualifications to be registered to vote:
788 (A) ensure that the individual is assigned to the proper voting precinct; and
789 (B) send the individual the notice described in Section 20A-2-304; or
790 (ii) if the individual meets the qualifications to be preregistered to vote, process the
791 form in accordance with the requirements of Section 20A-2-101.1.
792 (6) (a) When the county clerk receives a correctly completed voter registration form
793 under this section, the clerk shall:
794 (i) comply with the applicable provisions of this Subsection (6); or
795 (ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
796 (b) If the county clerk receives a correctly completed voter registration form under this
797 section no later than 5 p.m. or, if submitting the form electronically, midnight, 11 calendar days
798 before the date of an election, the county clerk shall:
799 (i) accept the voter registration form; and
800 (ii) unless the individual is preregistering to vote:
801 (A) enter the individual's name on the list of registered voters for the voting precinct in
802 which the individual resides; and
803 (B) notify the individual that the individual is registered to vote in the upcoming
804 election; and
805 (iii) if the individual named in the form is preregistering to vote, comply with Section
806 20A-2-101.1.
807 (c) If the county clerk receives a correctly completed voter registration form under this
808 section after the deadline described in Subsection (6)(b), the county clerk shall, unless the
809 individual named in the form is preregistering to vote:
810 (i) accept the application for registration of the individual;
811 (ii) process the voter registration form; and
812 (iii) unless the individual is preregistering to vote, and except as provided in
813 Subsection 20A-2-207(6), inform the individual that the individual will not be registered to
814 vote in the pending election, unless the individual registers to vote by provisional ballot during
815 the early voting period, if applicable, or on election day, in accordance with Section
816 20A-2-207.
817 (7) (a) If the county clerk determines that an individual's voter registration form
818 received from the Driver License Division is incorrect because of an error, because the form is
819 incomplete, or because the individual does not meet the qualifications to be registered to vote,
820 the county clerk shall mail notice to the individual stating that the individual has not been
821 registered or preregistered because of an error, because the registration form is incomplete, or
822 because the individual does not meet the qualifications to be registered to vote.
823 (b) If a county clerk believes, based upon a review of a voter registration form, that an
824 individual, who knows that the individual is not legally entitled to register or preregister to
825 vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
826 the form to the county attorney for investigation and possible prosecution.
827 Section 6. Section 20A-2-302 is amended to read:
828 20A-2-302. Voter registration forms for high school students.
829 (1) (a) A county clerk may:
830 (i) contact each high school and each accredited nonpublic high school in the county;
831 (ii) determine the number of high school seniors; and
832 (iii) distribute voter registration forms to each accredited public or private high school
833 in an amount sufficient for distribution to each high school senior.
834 (b) The county clerk shall process a voter registration form received from an individual
835 under this section:
836 (i) for an individual who is not eligible to register as a student voter, in accordance
837 with Section 20A-2-101.1[
838 (ii) for an individual who is eligible to register as a student voter, in accordance with
839 Section 20A-2-304.
840 (2) Each public school and accredited nonpublic school may:
841 (a) include the voter registration form in the senior registration packet; and
842 (b) collect and forward completed voter registration forms to the county clerk.
843 Section 7. Section 20A-2-304 is amended to read:
844 20A-2-304. County clerk's responsibilities -- Notice of disposition.
845 Each county clerk shall:
846 (1) register to vote each individual who meets the requirements for registration and
847 who:
848 (a) submits a completed voter registration form to the county clerk;
849 (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
850 the Driver License Division;
851 (c) submits a completed voter registration form to a public assistance agency or a
852 discretionary voter registration agency; or
853 (d) mails a completed voter registration form to the county clerk; [
854 (2) within 30 days after the day on which the county clerk processes a voter registration
855 form, send a notice to the individual who submits the form that:
856 (a) (i) informs the individual that the individual's voter registration form has been
857 accepted and that the individual is registered to vote;
858 (ii) informs the individual of the procedure for designating or changing the individual's
859 political affiliation; and
860 (iii) informs the individual of the procedure to cancel a voter registration;
861 (b) informs the individual that the individual's voter registration form has been rejected
862 and the reason for the rejection; or
863 (c) (i) informs the individual that the individual's voter registration form is being
864 returned to the individual for further action because the form is incomplete; and
865 (ii) gives instructions to the individual on how to properly complete the form[
866 (3) if the completed voter registration form is for an individual registering as a student
867 voter and the individual has not opted out of being preregistered to vote on the individual's
868 voter registration form, process the individual's preregistration under Section 20A-2-101.1 after
869 completing the individual's student voter registration under Subsections (1) and (2).
870 Section 8. Section 20A-6-105 is amended to read:
871 20A-6-105. Provisional ballot envelopes.
872 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
873 substantially the following form:
874 "AFFIRMATION
875 Are you a citizen of the United States of America? Yes No
876 Will you be 18 years old on or before election day? Yes No
877 If you checked "no" in response to either of the two above questions, do not complete this
878 form.
879 Name of Voter _________________________________________________________
880 First Middle Last
881 Driver License or Identification Card Number _________________________________
882 State of Issuance of Driver License or Identification Card Number _________________
883 Date of Birth ___________________________________________________________
884 Street Address of Principal Place of Residence
885 ______________________________________________________________________
886 City County State Zip Code
887 Telephone Number (optional) ______________________________________________
888 Last four digits of Social Security Number ____________________________
889 Last former address at which I was registered to vote (if known)
890 ______________________________________________________________________
891 City County State Zip Code
892 Voting Precinct (if known)
893 _________________________________________________
894 I, (please print your full name)__________________________do solemnly swear or
895 affirm:
896 That I am eligible to vote in this election; that I have not voted in this election in any
897 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
898 vote in this precinct; and
899 Subject to penalty of law for false statements, that the information contained in this
900 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
901 above address; and that I am at least 18 years old and have resided in Utah for the 30 days
902 immediately before this election.
903 Signed ______________________________________________________________________
904 Dated ______________________________________________________________________
905 In accordance with Section 20A-3a-506, wilfully providing false information above is a
906 class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
907
908 Voter registration records contain some information that is available to the public, such
909 as your name and address, some information that is available only to government entities, and
910 some information that is available only to certain third parties in accordance with the
911 requirements of law.
912 Your driver license number, identification card number, social security number, email
913 address, and full date of birth are available only to government entities. Your year of birth is
914 available to political parties, candidates for public office, certain third parties, and their
915 contractors, employees, and volunteers, in accordance with the requirements of law.
916 You may request that all information on your voter registration records be withheld
917 from all persons other than government entities, political parties, candidates for public office,
918 and their contractors, employees, and volunteers, by indicating here:
919 _____ Yes, I request that all information on my voter registration records be withheld
920 from all persons other than government entities, political parties, candidates for public office,
921 and their contractors, employees, and volunteers.
922
923 In addition to the protections provided above, you may request that all information on
924 your voter registration records be withheld from all political parties, candidates for public
925 office, and their contractors, employees, and volunteers, by submitting a withholding request
926 form, and any required verification, as described in the following paragraphs.
927 A person may request that all information on the person's voter registration records be
928 withheld from all political parties, candidates for public office, and their contractors,
929 employees, and volunteers, by submitting a withholding request form with this registration
930 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
931 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
932 A person may request that all information on the person's voter registration records be
933 withheld from all political parties, candidates for public office, and their contractors,
934 employees, and volunteers, by submitting a withholding request form and any required
935 verification with this registration form, or to the lieutenant governor or a county clerk, if the
936 person is, or resides with a person who is, a law enforcement officer, a member of the armed
937 forces, a public figure, or protected by a protective order or a protection order.
938 CITIZENSHIP AFFIDAVIT
939 Name:
940 Name at birth, if different:
941 Place of birth:
942 Date of birth:
943 Date and place of naturalization (if applicable):
944 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
945 citizen and that to the best of my knowledge and belief the information above is true and
946 correct.
947 ____________________________
948 Signature of Applicant
949 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
950 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
951 up to one year in jail and a fine of up to $2,500."
952 (2) Each election officer shall ensure that student voter provisional ballot envelopes are
953 printed in substantially the following form:
954 "AFFIRMATION
955 Are you a citizen of the United States of America? Yes No
956 Will you be 16 or 17 years old on or before election day and are you voting as a student
957 voter in a local school board election? Yes No
958 If you checked "no" in response to either of the two above questions, do not complete
959 this form.
960 Name of Voter _________________________________________________________
961 First Middle Last
962 Driver License or Identification Card Number _________________________________
963 State of Issuance of Driver License or Identification Card Number _________________
964 Date of Birth ___________________________________________________________
965 Street Address of Principal Place of Residence
966 ______________________________________________________________________
967 City County State Zip Code
968 Telephone Number (optional) ______________________________________________
969 Last four digits of Social Security Number ____________________________
970 Last former address at which I was registered to vote (if known)
971 ______________________________________________________________________
972 City County State Zip Code
973 Voting Precinct (if known)
974 _________________________________________________
975 I, (please print your full name)__________________________do solemnly swear or
976 affirm:
977 That I am eligible to vote in this election; that I have not voted in this election in any
978 other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
979 vote in this precinct; and
980 Subject to penalty of law for false statements, that the information contained in this
981 form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
982 above address; and that I will be 16 or 17 years old on or before election day and have resided
983 in Utah for the 30 days immediately before this election.
984 Signed
985 ______________________________________________________________________
986 Dated
987 ______________________________________________________________________
988 In accordance with Section 20A-3a-506, wilfully providing false information above is a
989 class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
990 PRIVACY INFORMATION
991 Voter registration records contain some information that is available to the public, such
992 as your name and address, some information that is available only to government entities, and
993 some information that is available only to certain third parties in accordance with the
994 requirements of law.
995 Your driver license number, identification card number, social security number, email
996 address, and full date of birth are available only to government entities. Your year of birth is
997 available to political parties, candidates for public office, certain third parties, and their
998 contractors, employees, and volunteers, in accordance with the requirements of law.
999 You may request that all information on your voter registration records be withheld
1000 from all persons other than government entities, political parties, candidates for public office,
1001 and their contractors, employees, and volunteers, by indicating here:
1002 _____ Yes, I request that all information on my voter registration records be withheld
1003 from all persons other than government entities, political parties, candidates for public office,
1004 and their contractors, employees, and volunteers.
1005 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
1006 In addition to the protections provided above, you may request that all information on
1007 your voter registration records be withheld from all political parties, candidates for public
1008 office, and their contractors, employees, and volunteers, by submitting a withholding request
1009 form, and any required verification, as described in the following paragraphs.
1010 A person may request that all information on the person's voter registration records be
1011 withheld from all political parties, candidates for public office, and their contractors,
1012 employees, and volunteers, by submitting a withholding request form with this registration
1013 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
1014 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
1015 A person may request that all information on the person's voter registration records be
1016 withheld from all political parties, candidates for public office, and their contractors,
1017 employees, and volunteers, by submitting a withholding request form and any required
1018 verification with this registration form, or to the lieutenant governor or a county clerk, if the
1019 person is, or resides with a person who is, a law enforcement officer, a member of the armed
1020 forces, a public figure, or protected by a protective order or a protection order.
1021 CITIZENSHIP AFFIDAVIT
1022 Name:
1023 Name at birth, if different:
1024 Place of birth:
1025 Date of birth:
1026 Date and place of naturalization (if applicable):
1027 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1028 citizen and that to the best of my knowledge and belief the information above is true and
1029 correct.
1030 ____________________________
1031 Signature of Applicant
1032 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1033 allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1034 up to one year in jail and a fine of up to $2,500."
1035 [
1036 (a) a unique number;
1037 (b) a detachable part that includes the unique number; and
1038 (c) a telephone number, internet address, or other indicator of a means, in accordance
1039 with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted.
1040 Section 9. Section 20A-6-306 is enacted to read:
1041 20A-6-306. Student voter ballots.
1042 (1) If a local school board votes to allow student voters under Section 20A-14-203,
1043 election officers within the local school board's boundaries shall prepare a student voter ballot
1044 that will not allow a student voter to vote for any candidate or issue other than a local school
1045 board candidate.
1046 (2) Except as provided in Subsection (1), student voter ballots shall comply with all
1047 applicable requirements of this chapter.
1048 Section 10. Section 20A-14-203 is amended to read:
1049 20A-14-203. Becoming a member of a local board of education -- Declaration of
1050 candidacy -- Election -- Student voter pilot project.
1051 (1) An individual may become a candidate for a local school board:
1052 [
1053
1054 [
1055 the county clerk on or after the second Friday in March, and before 5 p.m. on the third
1056 Thursday in March, before the next regular general election; and
1057 (b) by paying the fee described in Section 20A-9-202.
1058 (2) (a) The term of office for an individual elected to a local board of education is four
1059 years, beginning on the first Monday in January after the election.
1060 (b) A member of a local board of education shall serve until a successor is elected or
1061 appointed and qualified.
1062 (c) A member of a local board of education is "qualified" when the member takes or
1063 signs the constitutional oath of office.
1064 (3) (a) There is created a student voter pilot project.
1065 (b) The student voter pilot project begins on January 1, 2022, and ends on January 1,
1066 2027.
1067 (c) A local school board may participate in the student voter pilot project, in
1068 accordance with the requirements of this section and all other applicable provisions of law, by
1069 voting to allow student voters to vote in the local school board's elections.
1070 (d) If a local school board votes to participate in the student voter pilot project, the
1071 local school board shall, as soon as is reasonably possible after the vote, transmit notice of the
1072 vote to all election officers within the local school board's boundaries.
1073 Section 11. Section 63G-2-302 is amended to read:
1074 63G-2-302. Private records.
1075 (1) The following records are private:
1076 (a) records concerning an individual's eligibility for unemployment insurance benefits,
1077 social services, welfare benefits, or the determination of benefit levels;
1078 (b) records containing data on individuals describing medical history, diagnosis,
1079 condition, treatment, evaluation, or similar medical data;
1080 (c) records of publicly funded libraries that when examined alone or with other records
1081 identify a patron;
1082 (d) records received by or generated by or for:
1083 (i) the Independent Legislative Ethics Commission, except for:
1084 (A) the commission's summary data report that is required under legislative rule; and
1085 (B) any other document that is classified as public under legislative rule; or
1086 (ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
1087 unless the record is classified as public under legislative rule;
1088 (e) records received by, or generated by or for, the Independent Executive Branch
1089 Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
1090 of Executive Branch Ethics Complaints;
1091 (f) records received or generated for a Senate confirmation committee concerning
1092 character, professional competence, or physical or mental health of an individual:
1093 (i) if, prior to the meeting, the chair of the committee determines release of the records:
1094 (A) reasonably could be expected to interfere with the investigation undertaken by the
1095 committee; or
1096 (B) would create a danger of depriving a person of a right to a fair proceeding or
1097 impartial hearing; and
1098 (ii) after the meeting, if the meeting was closed to the public;
1099 (g) employment records concerning a current or former employee of, or applicant for
1100 employment with, a governmental entity that would disclose that individual's home address,
1101 home telephone number, social security number, insurance coverage, marital status, or payroll
1102 deductions;
1103 (h) records or parts of records under Section 63G-2-303 that a current or former
1104 employee identifies as private according to the requirements of that section;
1105 (i) that part of a record indicating a person's social security number or federal employer
1106 identification number if provided under Section 31A-23a-104, 31A-25-202, 31A-26-202,
1107 58-1-301, 58-55-302, 61-1-4, or 61-2f-203;
1108 (j) that part of a voter registration record identifying a voter's:
1109 (i) driver license or identification card number;
1110 (ii) social security number, or last four digits of the social security number;
1111 (iii) email address; or
1112 (iv) date of birth;
1113 (k) a voter registration record that is classified as a private record by the lieutenant
1114 governor or a county clerk under Subsection 20A-2-101.1(5)(a), 20A-2-104(4)(h), or
1115 20A-2-204(4)(b) or (c);
1116 (l) a voter registration record that is withheld under Subsection 20A-2-104(7);
1117 (m) a withholding request form described in Subsections 20A-2-104(7) and (8) and any
1118 verification submitted in support of the form;
1119 (n) a record that:
1120 (i) contains information about an individual;
1121 (ii) is voluntarily provided by the individual; and
1122 (iii) goes into an electronic database that:
1123 (A) is designated by and administered under the authority of the Chief Information
1124 Officer; and
1125 (B) acts as a repository of information about the individual that can be electronically
1126 retrieved and used to facilitate the individual's online interaction with a state agency;
1127 (o) information provided to the Commissioner of Insurance under:
1128 (i) Subsection 31A-23a-115(3)(a);
1129 (ii) Subsection 31A-23a-302(4); or
1130 (iii) Subsection 31A-26-210(4);
1131 (p) information obtained through a criminal background check under Title 11, Chapter
1132 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
1133 (q) information provided by an offender that is:
1134 (i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
1135 Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
1136 (ii) not required to be made available to the public under Subsection 77-41-110(4) or
1137 77-43-108(4);
1138 (r) a statement and any supporting documentation filed with the attorney general in
1139 accordance with Section 34-45-107, if the federal law or action supporting the filing involves
1140 homeland security;
1141 (s) electronic toll collection customer account information received or collected under
1142 Section 72-6-118 and customer information described in Section 17B-2a-815 received or
1143 collected by a public transit district, including contact and payment information and customer
1144 travel data;
1145 (t) an email address provided by a military or overseas voter under Section
1146 20A-16-501;
1147 (u) a completed military-overseas ballot that is electronically transmitted under Title
1148 20A, Chapter 16, Uniform Military and Overseas Voters Act;
1149 (v) records received by or generated by or for the Political Subdivisions Ethics Review
1150 Commission established in Section 63A-15-201, except for:
1151 (i) the commission's summary data report that is required in Section 63A-15-202; and
1152 (ii) any other document that is classified as public in accordance with Title 63A,
1153 Chapter 15, Political Subdivisions Ethics Review Commission;
1154 (w) a record described in Section 53G-9-604 that verifies that a parent was notified of
1155 an incident or threat;
1156 (x) a criminal background check or credit history report conducted in accordance with
1157 Section 63A-3-201;
1158 (y) a record described in Subsection 53-5a-104(7);
1159 (z) the following portions of a record maintained by a county for the purpose of
1160 administering property taxes, an individual's:
1161 (i) email address;
1162 (ii) phone number; or
1163 (iii) personal financial information related to a person's payment method; and
1164 (aa) a record concerning an individual's eligibility for an exemption, deferral,
1165 abatement, or relief under:
1166 (i) Title 59, Chapter 2, Part 11, Exemptions, Deferrals, and Abatements;
1167 (ii) Title 59, Chapter 2, Part 12, Property Tax Relief;
1168 (iii) Title 59, Chapter 2, Part 18, Tax Deferral and Tax Abatement; or
1169 (iv) Title 59, Chapter 2, Part 19, Armed Forces Exemptions.
1170 (2) The following records are private if properly classified by a governmental entity:
1171 (a) records concerning a current or former employee of, or applicant for employment
1172 with a governmental entity, including performance evaluations and personal status information
1173 such as race, religion, or disabilities, but not including records that are public under Subsection
1174 63G-2-301(2)(b) or 63G-2-301(3)(o) or private under Subsection (1)(b);
1175 (b) records describing an individual's finances, except that the following are public:
1176 (i) records described in Subsection 63G-2-301(2);
1177 (ii) information provided to the governmental entity for the purpose of complying with
1178 a financial assurance requirement; or
1179 (iii) records that must be disclosed in accordance with another statute;
1180 (c) records of independent state agencies if the disclosure of those records would
1181 conflict with the fiduciary obligations of the agency;
1182 (d) other records containing data on individuals the disclosure of which constitutes a
1183 clearly unwarranted invasion of personal privacy;
1184 (e) records provided by the United States or by a government entity outside the state
1185 that are given with the requirement that the records be managed as private records, if the
1186 providing entity states in writing that the record would not be subject to public disclosure if
1187 retained by it;
1188 (f) any portion of a record in the custody of the Division of Aging and Adult Services,
1189 created in Section 62A-3-102, that may disclose, or lead to the discovery of, the identity of a
1190 person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
1191 (g) audio and video recordings created by a body-worn camera, as defined in Section
1192 77-7a-103, that record sound or images inside a home or residence except for recordings that:
1193 (i) depict the commission of an alleged crime;
1194 (ii) record any encounter between a law enforcement officer and a person that results in
1195 death or bodily injury, or includes an instance when an officer fires a weapon;
1196 (iii) record any encounter that is the subject of a complaint or a legal proceeding
1197 against a law enforcement officer or law enforcement agency;
1198 (iv) contain an officer involved critical incident as defined in Subsection
1199 76-2-408(1)(f); or
1200 (v) have been requested for reclassification as a public record by a subject or
1201 authorized agent of a subject featured in the recording.
1202 (3) (a) As used in this Subsection (3), "medical records" means medical reports,
1203 records, statements, history, diagnosis, condition, treatment, and evaluation.
1204 (b) Medical records in the possession of the University of Utah Hospital, its clinics,
1205 doctors, or affiliated entities are not private records or controlled records under Section
1206 63G-2-304 when the records are sought:
1207 (i) in connection with any legal or administrative proceeding in which the patient's
1208 physical, mental, or emotional condition is an element of any claim or defense; or
1209 (ii) after a patient's death, in any legal or administrative proceeding in which any party
1210 relies upon the condition as an element of the claim or defense.
1211 (c) Medical records are subject to production in a legal or administrative proceeding
1212 according to state or federal statutes or rules of procedure and evidence as if the medical
1213 records were in the possession of a nongovernmental medical care provider.