1     
VOTING ADMINISTRATION AMENDMENTS

2     
2022 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Michael J. Petersen

5     
Senate Sponsor: Kirk A. Cullimore

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to the administration of elections.
10     Highlighted Provisions:
11          This bill:
12          ▸     establishes a deadline to cure a rejected ballot; and
13          ▸     makes technical and conforming amendments.
14     Money Appropriated in this Bill:
15          None
16     Other Special Clauses:
17          This bill provides a coordination clause.
18     Utah Code Sections Affected:
19     AMENDS:
20          20A-3a-401, as renumbered and amended by Laws of Utah 2020, Chapter 31
21     Utah Code Sections Affected by Coordination Clause:
22          20A-3a-401, as renumbered and amended by Laws of Utah 2020, Chapter 31
23     

24     Be it enacted by the Legislature of the state of Utah:
25          Section 1. Section 20A-3a-401 is amended to read:
26          20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
27     Disposition -- Notice.
28          (1) This section governs ballots returned by mail or via a ballot drop box.
29          (2) (a) Poll workers shall open return envelopes containing manual ballots that are in

30     the custody of the poll workers in accordance with Subsection (2)(b).
31          (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
32     the return envelope to the signature of the voter in the voter registration records.
33          (3) After complying with Subsection (2), the poll workers shall determine whether:
34          (a) the signatures correspond;
35          (b) the affidavit is sufficient;
36          (c) the voter is registered to vote in the correct precinct;
37          (d) the voter's right to vote the ballot has been challenged;
38          (e) the voter has already voted in the election;
39          (f) the voter is required to provide valid voter identification; and
40          (g) if the voter is required to provide valid voter identification, whether the voter has
41     provided valid voter identification.
42          (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
43     workers determine that:
44          (i) the signatures correspond;
45          (ii) the affidavit is sufficient;
46          (iii) the voter is registered to vote in the correct precinct;
47          (iv) the voter's right to vote the ballot has not been challenged;
48          (v) the voter has not already voted in the election; and
49          (vi) for a voter required to provide valid voter identification, that the voter has
50     provided valid voter identification.
51          (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
52     workers shall:
53          (i) remove the manual ballot from the return envelope in a manner that does not
54     destroy the affidavit on the return envelope;
55          (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
56     with the return envelope; and
57          (iii) place the ballot with the other ballots to be counted.

58          (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
59     the poll workers shall:
60          (i) disallow the vote;
61          (ii) without opening the return envelope, mark across the face of the return envelope:
62          (A) "Rejected as defective"; or
63          (B) "Rejected as not a registered voter"; and
64          (iii) place the return envelope, unopened, with the other rejected return envelopes.
65          (5) (a) If the poll workers reject an individual's ballot because the poll workers
66     determine that the signature on the return envelope does not match the individual's signature in
67     the voter registration records, the election officer shall contact the individual in accordance
68     with Subsection (7) by mail, email, text message, or phone, and inform the individual:
69          (i) that the individual's signature is in question;
70          (ii) how the individual may resolve the issue; and
71          (iii) that, in order for the ballot to be counted, the individual is required to deliver to
72     the election officer a correctly completed affidavit, provided by the county clerk, that meets the
73     requirements described in Subsection (5)(b).
74          (b) An affidavit described in Subsection (5)(a)(iii) shall include:
75          (i) an attestation that the individual voted the ballot;
76          (ii) a space for the individual to enter the individual's name, date of birth, and driver
77     license number or the last four digits of the individual's social security number;
78          (iii) a space for the individual to sign the affidavit; and
79          (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
80     governor's and county clerk's use of the individual's signature on the affidavit for voter
81     identification purposes.
82          (c) In order for an individual described in Subsection (5)(a) to have the individual's
83     ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
84     election officer.
85          (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall

86     immediately:
87          (i) scan the signature on the affidavit electronically and keep the signature on file in the
88     statewide voter registration database developed under Section 20A-2-109; and
89          (ii) if the election officer receives the affidavit no later than 5 p.m. [the day before]
90     three days before the day on which the canvass begins, count the individual's ballot.
91          (6) If the poll workers reject an individual's ballot for any reason, other than the reason
92     described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
93     accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
94     for the rejection.
95          (7) An election officer who is required to give notice under Subsection (5) or (6) shall
96     give the notice no later than:
97          (a) if the election officer rejects the ballot before election day:
98          (i) one business day after the day on which the election officer rejects the ballot, if the
99     election officer gives the notice by email or text message; or
100          (ii) two business days after the day on which the election officer rejects the ballot, if
101     the election officer gives the notice by postal mail or phone;
102          (b) seven days after election day if the election officer rejects the ballot on election day;
103     or
104          (c) seven days after the canvass if the election officer rejects the ballot after election
105     day and before the end of the canvass.
106          (8) An election officer may not count the ballot of an individual whom the election
107     officer contacts under Subsection (5) or (6) unless:
108          (a) the election officer receives a signed affidavit from the individual under Subsection
109     (5)(b) or is otherwise able to establish contact with the individual to confirm the individual's
110     identity[.]; and
111          (b) the affidavit described in Subsection (8)(a) is received, or the confirmation
112     described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
113     the canvass begins.

114          (9) The election officer shall retain and preserve the return envelopes in the manner
115     provided by law for the retention and preservation of ballots voted at that election.
116          Section 2. Coordinating H.B. 411 with H.B. 188 -- Technical amendment.
117          If this H.B. 411 and H.B. 188, Voter Signature Verification Amendments, both pass and
118     become law, it is the intent of the Legislature that the Office of Legislative Research and
119     General Counsel prepare the Utah Code database for publication by amending Subsection
120     20A-3a-401(8) of this bill to read:
121          "[(8)] (7) An election officer may not count the ballot of an individual whom the
122     election officer contacts under Subsection (5) or (6) unless:
123          (a) (i) the election officer receives a signed affidavit from the individual under
124     Subsection [(5)(b) or is otherwise able to establish contact with the individual to confirm the
125     individual's identity.] (5)(a)(ii)(C); and
126          (ii) the affidavit described in Subsection (7)(a)(i) is received no later than 5 p.m. three
127     days before the day on which the canvass begins; or
128          (b) (i) the election officer or the election officer's employee communicates directly with
129     the voter;
130          (ii) the voter provides identifying information to the officer or employee that the officer
131     or employee verifies using the voter's voter registration file; and
132          (iii) the election officer maintains written documentation of compliance with
133     Subsections (7)(b)(i) and (ii).".