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6 Cosponsor:
Matthew H. Gwynn
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8 LONG TITLE
9 General Description:
10 This bill addresses voter signature verification, voter accessibility, and related issues.
11 Highlighted Provisions:
12 This bill:
13 ▸ provides guidance for determining when a signature submitted with a ballot
14 corresponds to a signature in a voter registration record;
15 ▸ establishes requirements for contacting a voter when the voter's ballot is rejected;
16 ▸ establishes record-keeping and reporting requirements in relation to rejected ballots;
17 ▸ requires an election officer to provide an accessible voting option for a voter with a
18 disability;
19 ▸ requires the director of elections to make rules regarding signature verification for
20 individuals who are unable to sign their name consistently due to a disability;
21 ▸ grants rulemaking authority to establish criteria, processes, and training in relation
22 to signature comparison;
23 ▸ requires that election notices include instructions for how a voter with a disability
24 may obtain information on voting in an accessible manner;
25 ▸ provides for the disclosure, to a political party or candidate, of certain information
26 relating to a voter whose ballot is rejected;
27 ▸ makes it unlawful for an election officer to willfully neglect, or act corruptly in
28 discharging, the election officer's duty; and
29 ▸ makes technical and conforming changes.
30 Money Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 20A-3a-202, as last amended by Laws of Utah 2021, Chapter 100
37 20A-3a-401, as renumbered and amended by Laws of Utah 2020, Chapter 31
38 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
39 20A-5-410, as renumbered and amended by Laws of Utah 2020, Chapter 31
40 20A-5-701, as last amended by Laws of Utah 2013, Chapter 253
41
42 Be it enacted by the Legislature of the state of Utah:
43 Section 1. Section 20A-3a-202 is amended to read:
44 20A-3a-202. Conducting election by mail.
45 (1) Except as otherwise provided for an election conducted entirely by mail under
46 Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
47 accordance with this section.
48 (2) An election officer who administers an election:
49 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
50 and no later than seven days before election day, mail to each active voter within a voting
51 precinct:
52 (i) a manual ballot;
53 (ii) a return envelope;
54 (iii) instructions for returning the ballot that include an express notice about any
55 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
56 (iv) for an election administered by a county clerk, information regarding the location
57 and hours of operation of any election day voting center at which the voter may vote or a
58 website address where the voter may view this information;
59 (v) for an election administered by an election officer other than a county clerk, if the
60 election officer does not operate a polling location or an election day voting center, a warning,
61 on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
62 the instructions included with the ballot, the voter will be unable to vote in that election
63 because there will be no polling place for the voting precinct on the day of the election; and
64 (vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
65 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
66 [
67 (b) may not mail a ballot under this section to:
68 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
69 (ii) a voter whom the election officer is prohibited from sending a ballot under
70 Subsection (10)(c)(ii)[
71 (c) shall:
72 (i) provide a method of accessible voting to a voter with a disability who is not able to
73 vote by mail; and
74 (ii) include, on the election officer's website and with each ballot mailed, instructions
75 regarding how a voter described in Subsection (2)(c)(i) may vote.
76 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
77 the manual ballot to the address:
78 (i) provided at the time of registration; or
79 (ii) if, at or after the time of registration, the voter files an alternate address request
80 form described in Subsection (3)(b), the alternate address indicated on the form.
81 (b) The lieutenant governor shall make available to voters an alternate address request
82 form that permits a voter to request that the election officer mail the voter's ballot to a location
83 other than the voter's residence.
84 (c) A voter shall provide the completed alternate address request form to the election
85 officer no later than 11 days before the day of the election.
86 (4) The return envelope shall include:
87 (a) the name, official title, and post office address of the election officer on the front of
88 the envelope;
89 (b) a space where a voter may write an email address and phone number by which the
90 election officer may contact the voter if the voter's ballot is rejected;
91 (c) a printed affidavit in substantially the following form:
92 "County of ____State of ____
93 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
94 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
95 currently incarcerated for commission of a felony.
96 ______________________________
97 Signature of Voter"; and
98 (d) a warning that the affidavit must be signed by the individual to whom the ballot
99 was sent and that the ballot will not be counted if the signature on the affidavit does not match
100 the signature on file with the election officer of the individual to whom the ballot was sent.
101 (5) If the election officer determines that the voter is required to show valid voter
102 identification, the election officer may:
103 (a) mail a ballot to the voter; and
104 (b) instruct the voter to include a copy of the voter's valid voter identification with the
105 return ballot.
106 (6) An election officer who administers an election shall:
107 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
108 election; or
109 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
110 and
111 (b) maintain the signatures on file in the election officer's office.
112 (7) Upon receipt of a returned ballot, the election officer shall review and process the
113 ballot under Section 20A-3a-401.
114 (8) A county that administers an election:
115 (a) shall provide at least one election day voting center in accordance with [
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117 for every 5,000 active voters in the county who have requested to not receive a ballot by mail;
118 (b) shall ensure that each election day voting center operated by the county has at least
119 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
120 Pub. L. No. 107-252, for individuals with disabilities;
121 (c) may reduce the early voting period described in Section 20A-3a-601, if:
122 (i) the county clerk conducts early voting on at least four days;
123 (ii) the early voting days are within the period beginning on the date that is 14 days
124 before the date of the election and ending on the day before the election; and
125 (iii) the county clerk provides notice of the reduced early voting period in accordance
126 with Section 20A-3a-604;
127 (d) is not required to pay return postage for a ballot; and
128 (e) is subject to an audit conducted under Subsection (9).
129 (9) (a) The lieutenant governor shall:
130 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
131 an election conducted under this section; and
132 (ii) after each primary, general, or special election conducted under this section, select
133 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
134 developed under Subsection (9)(a)(i).
135 (b) The lieutenant governor shall post the results of an audit conducted under this
136 Subsection (9) on the lieutenant governor's website.
137 (10) (a) An individual may request that the election officer not send the individual a
138 ballot by mail in the next and subsequent elections by submitting a written request to the
139 election officer.
140 (b) An individual shall submit the request described in Subsection (10)(a) to the
141 election officer before 5 p.m. no later than 60 days before an election if the individual does not
142 wish to receive a ballot by mail in that election.
143 (c) An election officer who receives a request from an individual under Subsection
144 (10)(a):
145 (i) shall remove the individual's name from the list of voters who will receive a ballot
146 by mail; and
147 (ii) may not send the individual a ballot by mail for:
148 (A) the next election, if the individual submits the request described in Subsection
149 (10)(a) before the deadline described in Subsection (10)(b); or
150 (B) an election after the election described in Subsection (10)(c)(ii)(A).
151 (d) An individual who submits a request under Subsection (10)(a) may resume the
152 individual's receipt of a ballot by mail by submitting a written request to the election officer.
153 Section 2. Section 20A-3a-401 is amended to read:
154 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
155 Disposition -- Notice.
156 (1) This section governs ballots returned by mail or via a ballot drop box.
157 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
158 the custody of the poll workers in accordance with Subsection (2)(b).
159 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
160 the return envelope to the signature of the voter in the voter registration records.
161 (3) After complying with Subsection (2), the poll workers shall determine whether:
162 (a) the signatures correspond;
163 (b) the affidavit is sufficient;
164 (c) the voter is registered to vote in the correct precinct;
165 (d) the voter's right to vote the ballot has been challenged;
166 (e) the voter has already voted in the election;
167 (f) the voter is required to provide valid voter identification; and
168 (g) if the voter is required to provide valid voter identification, whether the voter has
169 provided valid voter identification.
170 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
171 workers determine that:
172 (i) (A) the signatures correspond, in accordance with Subsection (4)(d); or
173 (B) if the signatures do not correspond and the voter qualifies for application of the
174 alternative signature verification rules described in Subsection (11)(c), the voter's signature is
175 verified in accordance with the rules described in Subsection (11)(c);
176 (ii) the affidavit is sufficient;
177 (iii) the voter is registered to vote in the correct precinct;
178 (iv) the voter's right to vote the ballot has not been challenged;
179 (v) the voter has not already voted in the election; and
180 (vi) for a voter required to provide valid voter identification, that the voter has
181 provided valid voter identification.
182 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
183 workers shall:
184 (i) remove the manual ballot from the return envelope in a manner that does not
185 destroy the affidavit on the return envelope;
186 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
187 with the return envelope; and
188 (iii) place the ballot with the other ballots to be counted.
189 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
190 the poll workers shall:
191 (i) disallow the vote;
192 (ii) without opening the return envelope, mark across the face of the return envelope:
193 (A) "Rejected as defective"; or
194 (B) "Rejected as not a registered voter"; and
195 (iii) place the return envelope, unopened, with the other rejected return envelopes.
196 (d) A signature corresponds under Subsection (4)(a)(i) if, in accordance with rules
197 made under Subsection (11), the poll workers determine that the signature on a ballot's
198 affidavit return envelope is reasonably consistent with the individual's signature in the voter
199 registration records.
200 (5) (a) If the poll workers reject an individual's ballot because the poll workers
201 determine that the signature on the return envelope does not [
202 individual's signature in the voter registration records, the election officer shall:
203 (i) contact the individual in accordance with Subsection [
204
205 (ii) inform the individual:
206 [
207 [
208 [
209 to the election officer a correctly completed affidavit, provided by the county clerk, that meets
210 the requirements described in Subsection [
211 (b) The election officer shall ensure that the notice described in Subsection (5)(a)
212 includes:
213 (i) when communicating the notice by mail, a printed copy of the affidavit described in
214 Subsection (5)(c) and a return envelope with pre-paid postage;
215 (ii) when communicating the notice by email or SMS text message, a link to a copy of
216 the affidavit described in Subsection (5)(c) that the county clerk's website hosts; or
217 (iii) when communicating the notice by phone, either during a direct conversation with
218 the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit
219 described in Subsection (5)(c), either in person from the clerk's office, by mail, or electronically
220 on the clerk's website.
221 [
222 (i) an attestation that the individual voted the ballot;
223 (ii) a space for the individual to enter the individual's name, date of birth, and driver
224 license number or the last four digits of the individual's social security number;
225 (iii) a space for the individual to sign the affidavit; [
226 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
227 governor's and county clerk's use of the individual's signature on the affidavit for voter
228 identification purposes[
229 (v) a check box accompanied by language in substantially the following form:
230 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
231 impacts my ability to sign my name consistently. I can provide appropriate documentation upon
232 request. To discuss accommodations, I can be contacted at __________________".
233 [
234 individual's ballot counted, the individual shall deliver the affidavit described in Subsection
235 [
236 [
237 (5)(d) shall immediately:
238 (i) scan the signature on the affidavit electronically and keep the signature on file in the
239 statewide voter registration database developed under Section 20A-2-109; [
240 (ii) if the election officer receives the affidavit no later than 5 p.m. the day before the
241 canvass, count the individual's ballot[
242 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
243 rules described in Subsection (11)(c).
244 (6) (a) If the poll workers reject an individual's ballot for any reason, [
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246 rejection [
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248 (i) within 24 hours after the ballot is rejected, by any means; or
249 (ii) if the reason for the rejection is not cured within 24 hours after the ballot is
250 rejected, by each of the following methods for which the election officer has contact
251 information in relation to the individual, including information provided by the individual on
252 the individual's return envelope:
253 (A) within one business day after the day on which the 24-hour period described in
254 Subsection (6)(a)(i) ends, by phone, mail, and SMS text message; and
255 (B) within two business days after the ballot is rejected, by mail.
256 (b) The election officer may, when notifying an individual by phone under Subsection
257 (6)(a)(ii)(A), use auto-dial technology.
258 [
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267 [
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270 election officer contacts under Subsection (5) or (6) unless:
271 (a) the election officer receives a signed affidavit from the individual [
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273
274 (b) (i) the election officer or the election officer's employee communicates directly with
275 the voter;
276 (ii) the voter provides identifying information to the officer or employee that the officer
277 or employee verifies using the voter's voter registration file; and
278 (iii) the election officer maintains written documentation of compliance with
279 Subsections (7)(b)(i) and (ii).
280 [
281 manner provided by law for the retention and preservation of ballots voted at that election.
282 (9) (a) The election officer shall record the following in the statewide database of
283 registered voters:
284 (i) any initial rejection of a ballot under Subsection (4)(c), within one business day
285 after the day on which the election officer rejects the ballot; and
286 (ii) any resolution of a rejection of a ballot under Subsection (7), within one business
287 day after the day on which the ballot rejection is resolved.
288 (b) An election officer shall include, in the canvass report, a final report of the
289 disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
290 (i) the number of ballots rejected because the voter did not sign the voter's ballot;
291 (ii) the number of ballots rejected because the voter's signatures on the ballot, and in
292 records on file, do not correspond; and
293 (iii) the number of ballots rejected for which the voter subsequently submitted an
294 affidavit stating, under Subsection (5)(c)(iv), that the reason for a voter's rejected signature was
295 the voter's disability.
296 (10) Willful failure to comply with this section constitutes willful neglect of duty under
297 Section 20A-5-701.
298 (11) The director of elections within the Office of the Lieutenant Governor shall make
299 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
300 establish:
301 (a) criteria and processes for use by poll workers in determining if a signature
302 corresponds with the signature on file for the voter under Subsection (4)(d);
303 (b) training and certification requirements for election officers and employees of
304 election officers regarding the criteria and processes described in Subsection (11)(a); and
305 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
306 U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
307 individual who checks the box described in Subsection (5)(c)(v).
308 (12) An election officer shall disclose to a political party or a candidate, no later than
309 one business day after the day of a request, the name and address of each voter whose ballot
310 has been rejected and not yet resolved, unless the voter's record:
311 (a) is withheld under Subsection 20A-2-104(7); or
312 (b) was classified as a private record at the request of the individual before May 12,
313 2020.
314 Section 3. Section 20A-5-101 is amended to read:
315 20A-5-101. Notice of election.
316 (1) On or before November 15 in the year before each regular general election year, the
317 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
318 (a) designates the offices to be filled at the next year's regular general election;
319 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
320 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
321 and 20A-9-408 for those offices; and
322 (c) contains a description of any ballot propositions to be decided by the voters that
323 have qualified for the ballot as of that date.
324 (2) (a) No later than seven business days after the day on which the lieutenant governor
325 transmits the written notice described in Subsection (1), each county clerk shall provide notice,
326 in accordance with Subsection (3):
327 (i) by posting notice in a conspicuous place most likely to give notice of the election to
328 the voters in each voting precinct within the county;
329 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
330 (B) by posting one notice, and at least one additional notice per 2,000 population of the
331 county, in places within the county that are most likely to give notice of the election to the
332 voters in the county, subject to a maximum of 10 notices; or
333 (C) by mailing notice to each registered voter in the county;
334 (iii) by posting notice on the Utah Public Notice Website, created in Section
335 63A-16-601, for seven days before the day of the election; and
336 (iv) by posting notice on the county's website for seven days before the day of the
337 election.
338 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
339 showing a copy of the notice and the places where the notice was posted.
340 (3) The notice described in Subsection (2) shall:
341 (a) designate the offices to be voted on in that election; and
342 (b) identify the dates for filing a declaration of candidacy for those offices.
343 (4) Except as provided in Subsection (6), before each election, the election officer shall
344 give printed notice of the following information:
345 (a) the date of election;
346 (b) the hours during which the polls will be open;
347 (c) the polling places for each voting precinct, early voting polling place, and election
348 day voting center;
349 (d) the address of the Statewide Electronic Voter Information Website and, if available,
350 the address of the election officer's website, with a statement indicating that the election officer
351 will post on the website any changes to the location of a polling place and the location of any
352 additional polling place;
353 (e) a phone number that a voter may call to obtain information regarding the location of
354 a polling place; [
355 (f) the qualifications for persons to vote in the election[
356 (g) instructions regarding how an individual with a disability, who is not able to vote a
357 manual ballot by mail, may obtain information on voting in an accessible manner.
358 (5) The election officer shall provide the notice described in Subsection (4):
359 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
360 to which the election pertains, at least two days before the day of the election;
361 (ii) at least two days before the day of the election, by posting one notice, and at least
362 one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
363 that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
364 maximum of 10 notices; or
365 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
366 which the election pertains at least five days before the day of the election;
367 (b) by posting notice on the Utah Public Notice Website, created in Section
368 63A-16-601, for two days before the day of the election; and
369 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
370 two days before the day of the election.
371 (6) Instead of including the information described in Subsection (4) in the notice, the
372 election officer may give printed notice that:
373 (a) is entitled "Notice of Election";
374 (b) includes the following: "A [indicate election type] will be held in [indicate the
375 jurisdiction] on [indicate date of election]. Information relating to the election, including
376 polling places, polling place hours, and qualifications of voters may be obtained from the
377 following sources:"; and
378 (c) specifies the following sources where an individual may view or obtain the
379 information described in Subsection (4):
380 (i) if the jurisdiction has a website, the jurisdiction's website;
381 (ii) the physical address of the jurisdiction offices; and
382 (iii) a mailing address and telephone number.
383 Section 4. Section 20A-5-410 is amended to read:
384 20A-5-410. Election officer to provide voting history information and status.
385 (1) As used in this section, "voting history record" means the information about the
386 existence and status of absentee ballot requests required by this section.
387 (2) (a) Each election officer shall maintain, in the election officer's office, a voting
388 history record of those voters registered to vote in the election officer's jurisdiction.
389 (b) Except as it relates to a voter whose voter registration record is classified as private
390 under Subsection 63G-2-302(1)(k), the voting history record is a public record under Title 63G,
391 Chapter 2, Government Records Access and Management Act.
392 (3) The election officer shall ensure that the voting history record for each voting
393 precinct contains:
394 (a) for voting by mail:
395 (i) the date that the manual ballot was mailed to the voter; and
396 (ii) the date that the voted manual ballot was received by the election officer;
397 (b) for early voting:
398 (i) the name and address of each individual who participated in early voting; and
399 (ii) the date the individual voted; and
400 (c) for voting on election day, the name and address of each individual who voted on
401 election day.
402 (4) Beginning January 1, 2024, the election officer shall ensure that the voting history
403 record includes the information described in Subsection 20A-3a-401(9)(b).
404 [
405 Section 63G-2-204 or the time limits for a request for records established in any ordinance, the
406 election officer shall ensure that the information required by this section is recorded and made
407 available to the public no later than one business day after its receipt in the election officer's
408 office.
409 (b) Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements
410 established in any ordinance, the election officer shall make copies of the voting history record
411 available to the public for the actual cost of production or copying.
412 Section 5. Section 20A-5-701 is amended to read:
413 20A-5-701. Willful neglect of duty or corrupt conduct -- Penalty.
414 (1) It is unlawful for any election officer or poll worker to willfully neglect the election
415 officer's or poll worker's duty or to willfully act corruptly in discharging the election officer's or
416 poll worker's duty.
417 (2) [
418 third degree felony.