This document includes Senate 2nd Reading Floor Amendments incorporated into the bill on Wed, Mar 2, 2022 at 6:40 PM by lpoole.
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7 LONG TITLE
8 General Description:
9 This bill addresses election security and voter confidence.
10 Highlighted Provisions:
11 This bill:
12 ▸ clarifies that it is unlawful to vote in the same election in Utah and outside of Utah;
13 ▸ requires an individual who did not provide valid voter identification when
14 registering to vote to provide valid voter identification when voting;
15 ▸ prohibits an election officer from soliciting, accepting, or using funds donated for an
16 election by a person other than a government entity;
17 ▸ requires video surveillance of unattended ballot drop boxes and institutes other
18 requirements and security measures for ballot drop boxes;
19 ▸ requires the director of elections to make rules establishing:
20 • requirements for election officials regarding ballot security, including ballot
21 custody, processing, and tabulation;
22 • minimum standards for preserving the security of election equipment, including
23 use, storage, and maintenance;
24 • software validation procedures to verify that voting system files have not been
25 tampered with; and
26 • minimum requirements that a vendor must meet to be eligible to print ballots to
27 be used in an election;
28 ▸ requires the lieutenant governor to conduct an annual voter registration audit;
29 ▸ restricts access to election equipment and prohibits connecting certain election
30 equipment to the Internet;
31 ▸ modifies a county clerk's responsibilities;
32 ▸ provides for the security of election equipment and information;
33 ▸ requires increased record keeping for security purposes;
34 ▸ requires an election official to check available resources to determine whether an
35 individual registers to vote, or votes, in more than one state or precinct;
36 ▸ addresses printing and mailing of ballots; and
37 ▸ addresses legal requirements relating to copies of ballots and election returns made
38 as part of a legislative audit.
39 Money Appropriated in this Bill:
40 This bill appropriates in fiscal year 2023:
41 ▸ to the Governor's Office - Governor's Office - Lt. Governor's Office as a one-time
42 appropriation:
43 • from the General Fund, One-time, Ŝ→ [
44 Other Special Clauses:
45 None
46 Utah Code Sections Affected:
47 AMENDS:
48 20A-1-603, as last amended by Laws of Utah 2020, Chapter 31
49 20A-2-304, as last amended by Laws of Utah 2021, Chapter 100
50 20A-2-308, as last amended by Laws of Utah 2014, Chapter 373
51 20A-3a-202, as last amended by Laws of Utah 2021, Chapter 100
52 20A-3a-204, as enacted by Laws of Utah 2020, Chapter 31
53 20A-4-202, as last amended by Laws of Utah 2020, Chapter 31
54 20A-5-403.5, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
55 ENACTS:
56 20A-3a-404, Utah Code Annotated 1953
57 20A-5-207, Utah Code Annotated 1953
58 20A-5-901, Utah Code Annotated 1953
59 20A-5-902, Utah Code Annotated 1953
60 20A-5-903, Utah Code Annotated 1953
61 20A-5-904, Utah Code Annotated 1953
62 20A-5-905, Utah Code Annotated 1953
63 20A-6-108, Utah Code Annotated 1953
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65 Be it enacted by the Legislature of the state of Utah:
66 Section 1. Section 20A-1-603 is amended to read:
67 20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or records
68 -- Penalties.
69 (1) (a) An individual may not fraudulently vote on the individual's behalf or on behalf
70 of another, by:
71 (i) voting more than once at any one election, regardless of whether one of the
72 elections is in a state or territory of the United States outside of Utah;
73 (ii) knowingly handing in two or more ballots folded together;
74 (iii) changing any ballot after the ballot is cast or deposited in the ballot box, or ballot
75 drop box, or mailed;
76 (iv) adding or attempting to add any ballot or vote to those legally polled at any
77 election by fraudulently introducing the ballot or vote into the ballot box or vote tally, either
78 before or after the ballots have been counted;
79 (v) adding to or mixing or attempting to add or mix, other ballots with the ballots
80 lawfully polled while those ballots are being counted or canvassed, or at any other time; or
81 (vi) voting in a voting district or precinct when the individual knew or should have
82 known that the individual was not eligible for voter registration in that district or precinct,
83 unless the individual is legally entitled to vote the ballot under Section 20A-4-107 or another
84 provision of this title.
85 (b) A person may not fraudulently interfere with an election by:
86 (i) willfully tampering with, detaining, mutilating, or destroying any election returns;
87 (ii) in any manner, interfering with the officers holding an election or conducting a
88 canvass, or with the voters lawfully exercising their rights of voting at an election, so as to
89 prevent the election or canvass from being fairly held or lawfully conducted;
90 (iii) engaging in riotous conduct at any election, or interfering in any manner with any
91 election official in the discharge of the election official's duties;
92 (iv) inducing any election officer, or officer whose duty it is to ascertain, announce, or
93 declare the result of any election or to give or make any certificate, document, or evidence in
94 relation to any election, to violate or refuse to comply with the election officer's duty or any law
95 regulating the election officer's duty;
96 (v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook, or
97 other thing from a polling place, or from the possession of the person authorized by law to have
98 the custody of that thing;
99 (vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or the
100 contents of a ballot drop box; or
101 (vii) aiding, counseling, providing, procuring, advising, or assisting any person to do
102 any of the acts described in this section.
103 (2) In addition to the penalties established in Subsections 20A-1-609(2) and (3), a
104 person who commits an offense under Subsection (1) is guilty of a class A misdemeanor.
105 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
106 the official register made at the following times:
107 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
108 (b) the day of the election; and
109 (c) the last day of the canvass.
110 Section 2. Section 20A-2-304 is amended to read:
111 20A-2-304. County clerk's responsibilities -- Notice of disposition.
112 Each county clerk shall:
113 (1) register to vote each individual who meets the requirements for registration and
114 who:
115 (a) submits a completed voter registration form to the county clerk;
116 (b) submits a completed voter registration form, as defined in Section 20A-2-204, to
117 the Driver License Division;
118 (c) submits a completed voter registration form to a public assistance agency or a
119 discretionary voter registration agency; or
120 (d) mails a completed voter registration form to the county clerk; and
121 (2) within 30 days after the day on which the county clerk processes a voter registration
122 form, send a notice to the individual who submits the form that:
123 (a) (i) informs the individual that the individual's voter registration form has been
124 accepted and that the individual is registered to vote;
125 (ii) informs the individual of the procedure for designating or changing the individual's
126 political affiliation;
127 (iii) informs the individual of the procedure to cancel a voter registration; [
128 [
129 (iv) provides instructions to the voter on how the voter may sign up to receive
130 electronic ballot status notifications via the ballot tracking system described in Section
131 20A-3a-401.5; and
132 [
133 notifications if the individual opted to receive electronic ballot status notifications on the voter
134 registration form; [
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138 (b) informs the individual that the individual's voter registration form has been rejected
139 and the reason for the rejection; or
140 (c) (i) informs the individual that the individual's voter registration form is being
141 returned to the individual for further action because the form is incomplete; and
142 (ii) gives instructions to the individual on how to properly complete the form.
143 Section 3. Section 20A-2-308 is amended to read:
144 20A-2-308. Lieutenant governor and county clerks to preserve records.
145 (1) As used in this section:
146 (a) "Voter registration record" means a record concerning the implementation of
147 programs and activities conducted for the purpose of ensuring that the official register is
148 accurate and current.
149 (b) "Voter registration record" does not include a record that:
150 (i) relates to a person's decision to decline to register to vote; or
151 (ii) identifies the particular public assistance agency, discretionary voter registration
152 agency, or Driver License Division through which a particular voter registered to vote.
153 (2) The lieutenant governor and each county clerk shall:
154 (a) preserve for at least two years all records relating to voter registration, including:
155 (i) the official register; and
156 (ii) the names and addresses of all persons to whom the notice required by Section
157 20A-2-306 was sent and a notation as to whether or not the person responded to the notice;
158 (b) make a voter registration record available for public inspection, except for a voter
159 registration record, or part of a voter registration record that is classified as private under
160 Section 63G-2-302; and
161 (c) allow a record or part of a record described in Subsection (2)(b) that is not
162 classified as a private record to be photocopied for a reasonable cost.
163 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
164 the official register made at the following times:
165 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
166 (b) the day of the election; and
167 (c) the last day of the canvass.
168 Section 4. Section 20A-3a-202 is amended to read:
169 20A-3a-202. Conducting election by mail.
170 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
171 Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
172 accordance with this section.
173 (b) An individual who did not provide valid voter identification at the time the voter
174 registered to vote shall provide valid voter identification before voting.
175 (2) An election officer who administers an election:
176 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
177 and no later than seven days before election day, mail to each active voter within a voting
178 precinct:
179 (i) a manual ballot;
180 (ii) a return envelope;
181 (iii) instructions for returning the ballot that include an express notice about any
182 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
183 (iv) for an election administered by a county clerk, information regarding the location
184 and hours of operation of any election day voting center at which the voter may vote or a
185 website address where the voter may view this information;
186 (v) for an election administered by an election officer other than a county clerk, if the
187 election officer does not operate a polling location or an election day voting center, a warning,
188 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
189 the instructions included with the ballot, the voter will be unable to vote in that election
190 because there will be no polling place for the voting precinct on the day of the election; and
191 (vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
192 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5; and
193 (b) may not mail a ballot under this section to:
194 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
195 (ii) a voter whom the election officer is prohibited from sending a ballot under
196 Subsection (10)(c)(ii).
197 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
198 the manual ballot to the address:
199 (i) provided at the time of registration; or
200 (ii) if, at or after the time of registration, the voter files an alternate address request
201 form described in Subsection (3)(b), the alternate address indicated on the form.
202 (b) The lieutenant governor shall make available to voters an alternate address request
203 form that permits a voter to request that the election officer mail the voter's ballot to a location
204 other than the voter's residence.
205 (c) A voter shall provide the completed alternate address request form to the election
206 officer no later than 11 days before the day of the election.
207 (4) The return envelope shall include:
208 (a) the name, official title, and post office address of the election officer on the front of
209 the envelope;
210 (b) a space where a voter may write an email address and phone number by which the
211 election officer may contact the voter if the voter's ballot is rejected;
212 (c) a printed affidavit in substantially the following form:
213 "County of ____State of ____
214 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
215 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
216 currently incarcerated for commission of a felony.
217 ______________________________
218 Signature of Voter"; and
219 (d) a warning that the affidavit must be signed by the individual to whom the ballot
220 was sent and that the ballot will not be counted if the signature on the affidavit does not match
221 the signature on file with the election officer of the individual to whom the ballot was sent.
222 (5) If the election officer determines that the voter is required to show valid voter
223 identification, the election officer may:
224 (a) mail a ballot to the voter; [
225 (b) instruct the voter to include a copy of the voter's valid voter identification with the
226 return ballot[
227 (c) provide instructions to the voter on how the voter may sign up to receive electronic
228 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
229 (6) An election officer who administers an election shall:
230 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
231 election; or
232 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
233 and
234 (b) maintain the signatures on file in the election officer's office.
235 (7) Upon receipt of a returned ballot, the election officer shall review and process the
236 ballot under Section 20A-3a-401.
237 (8) A county that administers an election:
238 (a) shall provide at least one election day voting center in accordance with Chapter 3a,
239 Part 7, Election Day Voting Center, and at least one additional election day voting center for
240 every 5,000 active voters in the county who have requested to not receive a ballot by mail;
241 (b) shall ensure that each election day voting center operated by the county has at least
242 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
243 Pub. L. No. 107-252, for individuals with disabilities;
244 (c) may reduce the early voting period described in Section 20A-3a-601, if:
245 (i) the county clerk conducts early voting on at least four days;
246 (ii) the early voting days are within the period beginning on the date that is 14 days
247 before the date of the election and ending on the day before the election; and
248 (iii) the county clerk provides notice of the reduced early voting period in accordance
249 with Section 20A-3a-604;
250 (d) is not required to pay return postage for a ballot; and
251 (e) is subject to an audit conducted under Subsection (9).
252 (9) (a) The lieutenant governor shall:
253 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
254 an election conducted under this section; and
255 (ii) after each primary, general, or special election conducted under this section, select
256 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
257 developed under Subsection (9)(a)(i).
258 (b) The lieutenant governor shall post the results of an audit conducted under this
259 Subsection (9) on the lieutenant governor's website.
260 (10) (a) An individual may request that the election officer not send the individual a
261 ballot by mail in the next and subsequent elections by submitting a written request to the
262 election officer.
263 (b) An individual shall submit the request described in Subsection (10)(a) to the
264 election officer before 5 p.m. no later than 60 days before an election if the individual does not
265 wish to receive a ballot by mail in that election.
266 (c) An election officer who receives a request from an individual under Subsection
267 (10)(a):
268 (i) shall remove the individual's name from the list of voters who will receive a ballot
269 by mail; and
270 (ii) may not send the individual a ballot by mail for:
271 (A) the next election, if the individual submits the request described in Subsection
272 (10)(a) before the deadline described in Subsection (10)(b); or
273 (B) an election after the election described in Subsection (10)(c)(ii)(A).
274 (d) An individual who submits a request under Subsection (10)(a) may resume the
275 individual's receipt of a ballot by mail by submitting a written request to the election officer.
276 Section 5. Section 20A-3a-204 is amended to read:
277 20A-3a-204. Marking and depositing ballots.
278 (1) To vote by mail:
279 (a) except as provided in Subsection (6), the voter shall prepare the voter's manual
280 ballot by marking the appropriate space with a mark opposite the name of each candidate of the
281 voter's choice for each office to be filled;
282 (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
283 appropriate space with a mark opposite the answer the voter intends to make;
284 (c) except as provided in Subsection (6), the voter shall record a write-in vote in
285 accordance with Subsection 20A-3a-206(1);
286 (d) except as provided in Subsection (6), a mark is not required opposite the name of a
287 write-in candidate; and
288 (e) the voter shall:
289 (i) complete and sign the affidavit on the return envelope;
290 (ii) place the voted ballot in the return envelope;
291 (iii) if required, place a copy of the voter's valid voter identification in the return
292 envelope;
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295 or
296 (B) place the return envelope in a ballot drop box, designated by the election officer,
297 for the precinct where the voter resides.
298 (2) (a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that is
299 mailed must be:
300 (i) clearly postmarked before election day, or otherwise clearly marked by the post
301 office as received by the post office before election day; and
302 (ii) received in the office of the election officer before noon on the day of the official
303 canvass following the election.
304 (b) Except as provided in Subsection (2)(c), to be valid, a ballot shall, before the polls
305 close on election day, be deposited in:
306 (i) a ballot box at a polling place; or
307 (ii) a ballot drop box designated by an election officer for the jurisdiction to which the
308 ballot relates.
309 (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
310 drop box in the wrong jurisdiction to the correct jurisdiction.
311 (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
312 ballot drop box, with a sealed return envelope containing a ballot in the voter's possession, to
313 deposit the ballot in the ballot drop box.
314 (3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
315 complying with Subsections (1)(a) through (d):
316 (a) sign the official register or pollbook; and
317 (b) (i) place the ballot in the ballot box; or
318 (ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
319 envelope, complete the information printed on the provisional ballot envelope, and deposit the
320 provisional ballot envelope in the provisional ballot box.
321 (4) (a) An individual with a disability may vote a mechanical ballot at a polling place.
322 (b) An individual other than an individual with a disability may vote a mechanical
323 ballot at a polling place if permitted by the election officer.
324 (5) To vote a mechanical ballot, the voter shall:
325 (a) make the selections according to the instructions provided for the voting device;
326 and
327 (b) subject to Subsection (6), record a write-in vote by:
328 (i) selecting the appropriate position for entering a write-in candidate; and
329 (ii) using the voting device to enter the name of the valid write-in candidate for whom
330 the voter wishes to vote.
331 (6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6,
332 Municipal Alternate Voting Methods Pilot Project, a voter:
333 (a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
334 first preference for the office; and
335 (b) may indicate, as directed on the ballot, the names of the remaining candidates in
336 order of the voter's preference.
337 (7) A voter who votes at a polling place:
338 (a) shall mark and cast or deposit the ballot without delay and shall leave the voting
339 area after voting; and
340 (b) may not:
341 (i) occupy a voting booth occupied by another, except as provided in Section
342 20A-3a-208;
343 (ii) remain within the voting area more than 10 minutes; or
344 (iii) occupy a voting booth for more than five minutes if all booths are in use and other
345 voters are waiting to occupy a voting booth.
346 (8) If the official register shows any voter as having voted, that voter may not reenter
347 the voting area during that election unless that voter is an election official or watcher.
348 (9) A poll worker may not, at a polling place, allow more than four voters more than
349 the number of voting booths into the voting area at one time unless those excess voters are:
350 (a) election officials;
351 (b) watchers; or
352 (c) assisting voters with a disability.
353 Section 6. Section 20A-3a-404 is enacted to read:
354 20A-3a-404. Rules regarding ballot security -- Affidavit of compliance.
355 (1) The director of elections within the Office of the Lieutenant Governor shall make
356 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
357 establishing requirements for election officials regarding ballot security, including the custody,
358 documentation of custody, handling, processing, disposition, and tabulation of ballots.
359 (2) Beginning in November 2022, an election officer shall include, with all election
360 returns provided to a board of canvassers, an affidavit, signed by the election officer, certifying:
361 (a) compliance with the rules described in Subsection (1); and
362 (b) that the county clerk maintains the voter registration database in accordance with
363 federal and state laws and rules.
364 Section 7. Section 20A-4-202 is amended to read:
365 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
366 provisional ballots cast.
367 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
368 (a) ensure that the poll workers have provided all of the ballots and election returns;
369 (b) inspect the ballots and election returns to ensure that they are sealed;
370 (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
371 secure place;
372 (d) for mechanical ballots:
373 (i) count the ballots; and
374 (ii) deposit and lock the ballots and election returns in a safe and secure place; and
375 (e) for bond elections, provide a copy of the election results to the board of canvassers
376 of the local political subdivision that called the bond election.
377 (2) Each election officer shall:
378 (a) before 5 p.m. on the day after the date of the election, determine the number of
379 provisional ballots cast within the election officer's jurisdiction and make that number available
380 to the public;
381 (b) preserve ballots for 22 months after the election or until the time has expired during
382 which the ballots could be used in an election contest;
383 (c) preserve all other official election returns for at least 22 months after an election;
384 and
385 (d) after that time, destroy them without opening or examining them.
386 (3) (a) The election officer shall package and retain all tabulating cards and other
387 materials used in the programming of the automatic tabulating equipment.
388 (b) The election officer:
389 (i) may access these tabulating cards and other materials;
390 (ii) may make copies of these materials and make changes to the copies;
391 (iii) may not alter or make changes to the materials themselves; and
392 (iv) within 22 months after the election in which they were used, may dispose of those
393 materials or retain them.
394 (4) (a) If an election contest is begun within 12 months, the election officer shall:
395 (i) keep the ballots and election returns unopened and unaltered until the contest is
396 complete; or
397 (ii) surrender the ballots and election returns to the custody of the court having
398 jurisdiction of the contest when ordered or subpoenaed to do so by that court.
399 (b) When all election contests arising from an election are complete, the election
400 officer shall either:
401 (i) retain the ballots and election returns until the time for preserving them under this
402 section has run; or
403 (ii) destroy the ballots and election returns remaining in the election officer's custody
404 without opening or examining them if the time for preserving them under this section has run.
405 (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
406 (i) may make and keep copies of ballots or election returns as part of a legislative audit;
407 and
408 (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
409 identifies a ballot with the voter who casts the ballot.
410 (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
411 under Title 63G, Chapter 2, Government Records Access and Management Act.
412 Section 8. Section 20A-5-207 is enacted to read:
413 20A-5-207. Donated funding prohibited.
414 An election officer may not solicit, accept, or use any funds for an election if those
415 funds are donated by any person other than a government entity.
416 Section 9. Section 20A-5-403.5 is amended to read:
417 20A-5-403.5. Ballot drop boxes.
418 (1) An election officer:
419 (a) shall designate at least one ballot drop box in each municipality and reservation
420 located in the jurisdiction to which the election relates;
421 [
422 jurisdiction; [
423 [
424 election officer's jurisdiction[
425 (d) shall provide 24-hour video surveillance of each unattended ballot drop box; and
426 (e) shall post a sign on or near each unattended ballot drop box indicating that the
427 ballot drop box is under 24-hour video surveillance.
428 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
429 shall, at least 19 days before the date of the election, provide notice of the location of each
430 ballot drop box designated under Subsection (1):
431 (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
432 the jurisdiction holding the election;
433 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
434 jurisdiction holding the election, in places within the jurisdiction that are most likely to give
435 notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
436 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
437 (b) by posting notice on the Utah Public Notice Website, created in Section
438 63A-16-601, for 19 days before the day of the election; and
439 (c) by posting notice on the jurisdiction's website for 19 days before the day of the
440 election.
441 (3) Instead of including the location of ballot drop boxes, a notice required under
442 Subsection (2) may specify the following sources where a voter may view or obtain a copy of
443 all ballot drop box locations:
444 (a) the jurisdiction's website;
445 (b) the physical address of the jurisdiction's offices; and
446 (c) a mailing address and telephone number.
447 (4) The election officer shall include in the notice described in Subsection (2):
448 (a) the address of the Statewide Electronic Voter Information Website and, if available,
449 the address of the election officer's website, with a statement indicating that the election officer
450 will post on the website the location of each ballot drop box, including any changes to the
451 location of a ballot drop box and the location of additional ballot drop boxes; and
452 (b) a phone number that a voter may call to obtain information regarding the location
453 of a ballot drop box.
454 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
455 deadline described in Subsection (2):
456 (i) if necessary, change the location of a ballot drop box; or
457 (ii) if the election officer determines that the number of ballot drop boxes is
458 insufficient due to the number of registered voters who are voting, designate additional ballot
459 drop boxes.
460 (b) Except as provided in Section 20A-1-308, if an election officer changes the
461 location of a ballot box or designates an additional ballot drop box location, the election officer
462 shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
463 the additional ballot drop box location:
464 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
465 (ii) by posting the information on the website of the election officer, if available; and
466 (iii) by posting notice:
467 (A) for a change in the location of a ballot drop box, at the new location and, if
468 possible, the old location; and
469 (B) for an additional ballot drop box location, at the additional ballot drop box
470 location.
471 (6) An election officer may, at any time, authorize two or more poll workers to remove
472 a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
473 (7) (a) At least two poll workers must be present when a poll worker collects ballots
474 from a ballot drop box and delivers the ballots to the location where the ballots will be opened
475 and counted.
476 (b) An election officer shall ensure that the chain of custody of ballots placed in a
477 ballot box are recorded and tracked from the time the ballots are removed from the ballot box
478 until the ballots are delivered to the location where the ballots will be opened and counted.
479 Section 10. Section 20A-5-901 is enacted to read:
480
481 20A-5-901. Voter registration audit.
482 (1) The lieutenant governor shall, on at least an annual basis, conduct an audit of the
483 voter registration database.
484 (2) The audit shall include:
485 (a) a random selection of at least .02% of the active registered voters statewide; and
486 (b) at least one active registered voter from each county.
487 (3) For each voter selected for the audit, the auditor shall:
488 (a) verify that the voter is eligible for registration;
489 (b) verify that the voter's registration information is accurate and supported by the
490 documentation on file;
491 (c) verify that there is a signature on file for the voter;
492 (d) check for duplicate voter registrations; and
493 (e) search available resources to determine whether the voter is deceased.
494 (4) The audit report shall identify areas of concern or training needed in response to the
495 audit findings.
496 (5) The lieutenant governor shall:
497 (a) share the audit results with the county clerks and verify that the county clerks
498 address the concerns and fulfill the training identified under Subsection (4); and
499 (b) beginning in 2023, report biannually to the Government Operations Interim
500 Committee on the results of the audits conducted under this section.
501 Section 11. Section 20A-5-902 is enacted to read:
502 20A-5-902. Security of election equipment.
503 (1) Except when divesting election equipment as surplus property or providing for
504 maintenance, an election officer may not permit an individual, other than an election official,
505 access to election equipment.
506 (2) An election officer shall keep a record of service work done on voting equipment,
507 including:
508 (a) a designation of the specific equipment serviced;
509 (b) the date of service;
510 (c) the names of all individuals who perform or supervise the service;
511 (d) the name of each vendor that performs the service; and
512 (e) a description of the service performed.
513 Section 12. Section 20A-5-903 is enacted to read:
514 20A-5-903. Cyber security.
515 (1) An election officer shall ensure that the following election equipment is never
516 connected to the Internet:
517 (a) tabulation servers;
518 (b) tabulation equipment;
519 (c) ballot scanners, including central, precinct, and mobile scanners; and
520 (d) ballot marking devices.
521 (2) This section does not prohibit Internet connection of equipment used for voting if
522 the equipment's use of voting is solely for the purpose of:
523 (a) complying with Title 20A, Chapter 16, Uniform Military and Overseas Voting Act;
524 or
525 (b) administering the Internet Voting Pilot Project, described in Section 20A-6-103.
526 Section 13. Section 20A-5-904 is enacted to read:
527 20A-5-904. Voter fraud.
528 An election officer shall:
529 (1) check available resources to determine whether an individual registers to vote, or
530 votes, in more than one state or precinct; and
531 (2) report the information to law enforcement or a prosecutor if the election officer has
532 reason to believe that an individual has intentionally committed election fraud.
533 Section 14. Section 20A-5-905 is enacted to read:
534 20A-5-905. Software validation -- Database security.
535 (1) Before November 2022, the director of elections within the Office of the Lieutenant
536 Governor shall make rules, in accordance with Title 63G, Chapter 3, Utah Administrative
537 Rulemaking Act, establishing software validation procedures that an election officer is required
538 to comply with to verify that voting system files have not been tampered with.
539 (2) The lieutenant governor and each county clerk shall ensure that a record is made,
540 and stored for at least 22 months, of each time a voter database is accessed by a person,
541 including:
542 (a) the name of the person accessing the voter database;
543 (b) the date and time of the access; and
544 (c) any changes made to the voter database.
545 Section 15. Section 20A-6-108 is enacted to read:
546 20A-6-108. Requirements for printing and mailing ballots.
547 (1) Before January 2023, the director of elections within the Office of the Lieutenant
548 Governor shall, in consultation with county clerks, make rules, in accordance with Title 63G,
549 Chapter 3, Utah Administrative Rulemaking Act, establishing minimum requirements that a
550 vendor must meet to be eligible to print ballots to be used in an election.
551 (2) Beginning on the effective date of the rules described in Subsection (1), an election
552 officer shall ensure that, when the bulk of ballots are initially mailed to voters, the ballots are
553 mailed from a location in Utah.
554 Section 16. Appropriation.
555 The following sums of money are appropriated for the fiscal year beginning July 1,
556 2022, and ending June 30, 2023. These are additions to amounts previously appropriated for
557 fiscal year 2023. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
558 Act, the Legislature appropriates the following sums of money from the funds or accounts
559 indicated for the use and support of the government of the state of Utah.
560 ITEM 1
561 To Governor's Office -- Governor's Office
562 From General Fund, One-time Ŝ→ [
$1,000,000] $500,000 ←Ŝ
563 Schedule of Programs:
564 Lt. Governor's Office Ŝ→ [
565 The Legislature intends that:
566 (1) appropriations provided under this section be distributed, in a manner determined
567 by the lieutenant governor, to assist counties and municipalities to obtain video surveillance
568 equipment to comply with Subsection 20A-5-403.5(1); and
569 (2) under Section 63J-1-603, appropriations provided under this section not lapse at the
570 close of fiscal year 2023 and the use of any nonlapsing funds is limited to the purpose
571 described in Subsection (1).