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7 LONG TITLE
8 General Description:
9 This bill addresses voter signature verification, voter accessibility, and related issues.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides guidance for determining when a signature submitted with a ballot
13 corresponds to a signature in a voter registration record;
14 ▸ establishes requirements for contacting a voter when the voter's ballot is rejected;
15 ▸ establishes record-keeping and reporting requirements in relation to rejected ballots;
16 ▸ requires an election officer to provide an accessible voting option for a voter with a
17 disability;
18 ▸ requires the director of elections to make rules regarding signature verification for
19 individuals who are unable to sign their name consistently due to a disability;
20 ▸ grants rulemaking authority to establish criteria, processes, and training in relation
21 to signature comparison;
22 ▸ requires that election notices include instructions for how a voter with a disability
23 may obtain information on voting in an accessible manner;
24 ▸ addresses the disclosure of certain information relating to a voter whose ballot is
25 rejected;
26 ▸ makes it unlawful for an election officer to willfully neglect, or act corruptly in
27 discharging, the election officer's duty; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121, and 156
36 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392 and last amended by
37 Coordination Clause, Laws of Utah 2022, Chapter 392
38 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
39 20A-5-701, as last amended by Laws of Utah 2013, Chapter 253
40 Utah Code Sections Affected by Coordination Clause:
41 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
42
43 Be it enacted by the Legislature of the state of Utah:
44 Section 1. Section 20A-3a-202 is amended to read:
45 20A-3a-202. Conducting election by mail.
46 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
47 Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
48 accordance with this section.
49 (b) An individual who did not provide valid voter identification at the time the voter
50 registered to vote shall provide valid voter identification before voting.
51 (2) An election officer who administers an election:
52 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
53 and no later than seven days before election day, mail to each active voter within a voting
54 precinct:
55 (i) a manual ballot;
56 (ii) a return envelope;
57 (iii) instructions for returning the ballot that include an express notice about any
58 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
59 (iv) for an election administered by a county clerk, information regarding the location
60 and hours of operation of any election day voting center at which the voter may vote or a
61 website address where the voter may view this information;
62 (v) for an election administered by an election officer other than a county clerk, if the
63 election officer does not operate a polling place or an election day voting center, a warning, on
64 a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
65 instructions included with the ballot, the voter will be unable to vote in that election because
66 there will be no polling place for the voting precinct on the day of the election; and
67 (vi) [
68 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
69 (b) may not mail a ballot under this section to:
70 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
71 (ii) a voter whom the election officer is prohibited from sending a ballot under
72 Subsection (10)(c)(ii); [
73 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
74 include instructions for returning the ballot if the individual to whom the election officer mails
75 the ballot does not live at the address to which the ballot is sent[
76 (d) shall provide a method of accessible voting to a voter with a disability who is not
77 able to vote by mail; and
78 (e) shall include, on the election officer's website and with each ballot mailed,
79 instructions regarding how a voter described in Subsection (2)(d) may vote.
80 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
81 the manual ballot to the address:
82 (i) provided at the time of registration; or
83 (ii) if, at or after the time of registration, the voter files an alternate address request
84 form described in Subsection (3)(b), the alternate address indicated on the form.
85 (b) The lieutenant governor shall make available to voters an alternate address request
86 form that permits a voter to request that the election officer mail the voter's ballot to a location
87 other than the voter's residence.
88 (c) A voter shall provide the completed alternate address request form to the election
89 officer no later than 11 days before the day of the election.
90 (4) The return envelope shall include:
91 (a) the name, official title, and post office address of the election officer on the front of
92 the envelope;
93 (b) a space where a voter may write an email address and phone number by which the
94 election officer may contact the voter if the voter's ballot is rejected;
95 (c) a printed affidavit in substantially the following form:
96 "County of ____State of ____
97 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
98 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
99 currently incarcerated for commission of a felony.
100 ______________________________
101 Signature of Voter"; and
102 (d) a warning that the affidavit must be signed by the individual to whom the ballot
103 was sent and that the ballot will not be counted if the signature on the affidavit does not match
104 the signature on file with the election officer of the individual to whom the ballot was sent.
105 (5) If the election officer determines that the voter is required to show valid voter
106 identification, the election officer may:
107 (a) mail a ballot to the voter;
108 (b) instruct the voter to include a copy of the voter's valid voter identification with the
109 return ballot; and
110 (c) provide instructions to the voter on how the voter may sign up to receive electronic
111 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
112 (6) An election officer who administers an election shall:
113 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
114 election; or
115 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
116 and
117 (b) maintain the signatures on file in the election officer's office.
118 (7) Upon receipt of a returned ballot, the election officer shall review and process the
119 ballot under Section 20A-3a-401.
120 (8) A county that administers an election:
121 (a) shall provide at least one election day voting center in accordance with [
122
123 additional election day voting center for every 5,000 active voters in the county who have
124 requested to not receive a ballot by mail;
125 (b) shall ensure that each election day voting center operated by the county has at least
126 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
127 Pub. L. No. 107-252, for individuals with disabilities;
128 (c) may reduce the early voting period described in Section 20A-3a-601, if:
129 (i) the county clerk conducts early voting on at least four days;
130 (ii) the early voting days are within the period beginning on the date that is 14 days
131 before the date of the election and ending on the day before the election; and
132 (iii) the county clerk provides notice of the reduced early voting period in accordance
133 with Section 20A-3a-604;
134 (d) is not required to pay return postage for a ballot; and
135 (e) is subject to an audit conducted under Subsection (9).
136 (9) (a) The lieutenant governor shall:
137 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
138 an election conducted under this section; and
139 (ii) after each primary, general, or special election conducted under this section, select
140 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
141 developed under Subsection (9)(a)(i).
142 (b) The lieutenant governor shall post the results of an audit conducted under this
143 Subsection (9) on the lieutenant governor's website.
144 (10) (a) An individual may request that the election officer not send the individual a
145 ballot by mail in the next and subsequent elections by submitting a written request to the
146 election officer.
147 (b) An individual shall submit the request described in Subsection (10)(a) to the
148 election officer before 5 p.m. no later than 60 days before an election if the individual does not
149 wish to receive a ballot by mail in that election.
150 (c) An election officer who receives a request from an individual under Subsection
151 (10)(a):
152 (i) shall remove the individual's name from the list of voters who will receive a ballot
153 by mail; and
154 (ii) may not send the individual a ballot by mail for:
155 (A) the next election, if the individual submits the request described in Subsection
156 (10)(a) before the deadline described in Subsection (10)(b); or
157 (B) an election after the election described in Subsection (10)(c)(ii)(A).
158 (d) An individual who submits a request under Subsection (10)(a) may resume the
159 individual's receipt of a ballot by mail by submitting a written request to the election officer.
160 Section 2. Section 20A-3a-401 is amended to read:
161 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
162 Disposition -- Notice.
163 (1) This section governs ballots returned by mail or via a ballot drop box.
164 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
165 the custody of the poll workers in accordance with [
166 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
167 the return envelope to the signature of the voter in the voter registration records.
168 (3) After complying with Subsection (2), the poll workers shall determine whether:
169 (a) the signatures correspond;
170 (b) the affidavit is sufficient;
171 (c) the voter is registered to vote in the correct precinct;
172 (d) the voter's right to vote the ballot has been challenged;
173 (e) the voter has already voted in the election;
174 (f) the voter is required to provide valid voter identification; and
175 (g) if the voter is required to provide valid voter identification, whether the voter has
176 provided valid voter identification.
177 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
178 workers determine [
179 [
180 (i) in accordance with the rules made under Subsection (11):
181 (A) that the signature on the affidavit of the return envelope is reasonably consistent
182 with the individual's signature in the voter registration records; or
183 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
184 signature is verified by alternative means;
185 (ii) that the affidavit is sufficient;
186 (iii) that the voter is registered to vote in the correct precinct;
187 (iv) that the voter's right to vote the ballot has not been challenged;
188 (v) that the voter has not already voted in the election; and
189 (vi) for a voter required to provide valid voter identification, that the voter has
190 provided valid voter identification.
191 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
192 workers shall:
193 (i) remove the manual ballot from the return envelope in a manner that does not
194 destroy the affidavit on the return envelope;
195 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
196 with the return envelope; and
197 (iii) place the ballot with the other ballots to be counted.
198 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
199 the poll workers shall:
200 (i) disallow the vote;
201 (ii) without opening the return envelope, [
202 record the ballot as "rejected" and state the reason for the rejection; and
203 [
204 [
205 (iii) place the return envelope, unopened, with the other rejected return envelopes.
206 (5) (a) If the poll workers reject an individual's ballot because the poll workers
207 determine, in accordance with rules made under Subsection (11), that the signature on the
208 return envelope [
209 the voter registration records, the election officer shall:
210 (i) contact the individual in accordance with Subsection [
211
212 (ii) inform the individual:
213 [
214 [
215 [
216 to the election officer a correctly completed affidavit, provided by the county clerk, that meets
217 the requirements described in Subsection [
218 (b) The election officer shall ensure that the notice described in Subsection (5)(a)
219 includes:
220 (i) when communicating the notice by mail, a printed copy of the affidavit described in
221 Subsection (5)(c) and a courtesy reply envelope;
222 (ii) when communicating the notice electronically, a link to a copy of the affidavit
223 described in Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
224 (iii) when communicating the notice by phone, either during a direct conversation with
225 the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit
226 described in Subsection (5)(c), either in person from the clerk's office, by mail, or
227 electronically.
228 [
229 (i) an attestation that the individual voted the ballot;
230 (ii) a space for the individual to enter the individual's name, date of birth, and driver
231 license number or the last four digits of the individual's social security number;
232 (iii) a space for the individual to sign the affidavit; [
233 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
234 governor's and county clerk's use of the individual's signature on the affidavit for voter
235 identification purposes[
236 (v) a check box accompanied by language in substantially the following form: "I am a
237 voter with a qualifying disability under the Americans with Disabilities Act that impacts my
238 ability to sign my name consistently. I can provide appropriate documentation upon request. To
239 discuss accommodations, I can be contacted at __________________".
240 [
241 individual's ballot counted, the individual shall deliver the affidavit described in Subsection
242 [
243 [
244 (5)(d) shall immediately:
245 (i) scan the signature on the affidavit electronically and keep the signature on file in the
246 statewide voter registration database developed under Section 20A-2-109; [
247 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
248 the day on which the canvass begins, count the individual's ballot[
249 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
250 rules described in Subsection (11)(c).
251 [
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255 (6) (a) The election officer shall, within two business days after the day on which an
256 individual's ballot is rejected, notify the individual of the rejection and the reason for the
257 rejection, by phone, mail, email, or SMS text message, unless:
258 (i) the ballot is cured within one business day after the day on which the ballot is
259 rejected; or
260 (ii) the ballot is rejected because the ballot is received late or for another reason that
261 cannot be cured.
262 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
263 the election officer shall notify the individual of the rejection and the reason for the rejection by
264 phone, mail, email, or SMS text message, within the later of:
265 (i) 30 days after the day of the rejection; or
266 (ii) 30 days after the day of the election.
267 (c) The election officer may, when notifying an individual by phone under this
268 Subsection (6), use auto-dial technology.
269 [
270
271 [
272 [
273
274 [
275
276 [
277
278 [
279
280 [
281 election officer contacts under Subsection (5) or (6) unless:
282 (a) the election officer receives a signed affidavit from the individual under Subsection
283 (5)(b) or is otherwise able to establish contact with the individual to confirm the individual's
284 identity; and
285 (b) the affidavit described in Subsection [
286 described in Subsection [
287 which the canvass begins.
288 [
289 manner provided by law for the retention and preservation of ballots voted at that election.
290 (9) (a) The election officer shall record the following in the database used to verify
291 signatures:
292 (i) any initial rejection of a ballot under Subsection (4)(c), within one business day
293 after the day on which the election officer rejects the ballot; and
294 (ii) any resolution of a rejection of a ballot under Subsection (7), within one business
295 day after the day on which the ballot rejection is resolved.
296 (b) An election officer shall include, in the canvass report, a final report of the
297 disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
298 (i) the number of ballots rejected because the voter did not sign the voter's ballot; and
299 (ii) the number of ballots rejected because the voter's signatures on the ballot, and in
300 records on file, do not correspond.
301 (10) Willful failure to comply with this section constitutes willful neglect of duty under
302 Section 20A-5-701.
303 (11) The director of elections within the Office of the Lieutenant Governor shall make
304 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
305 establish:
306 (a) criteria and processes for use by poll workers in determining if a signature
307 corresponds with the signature on file for the voter under Subsections (3)(a) and (4)(a)(i)(A);
308 (b) training and certification requirements for election officers and employees of
309 election officers regarding the criteria and processes described in Subsection (11)(a); and
310 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
311 U.S.C. Secs. 12131 through 12165, an alternative means of verifying the identity of an
312 individual who checks the box described in Subsection (5)(c)(v).
313 (12) If, in response to a request, and in accordance with the requirements of law, an
314 election officer discloses the name or address of voters whose ballots have been rejected and
315 not yet resolved, the election officer shall:
316 (a) make the disclosure within two business days after the day on which the request is
317 made;
318 (b) respond to each request in the order the requests were made; and
319 (c) make each disclosure in a manner, and within a period of time, that does not reflect
320 favoritism to one requestor over another.
321 Section 3. Section 20A-5-101 is amended to read:
322 20A-5-101. Notice of election.
323 (1) On or before November 15 in the year before each regular general election year, the
324 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
325 (a) designates the offices to be filled at the next year's regular general election;
326 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
327 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
328 and 20A-9-408 for those offices; and
329 (c) contains a description of any ballot propositions to be decided by the voters that
330 have qualified for the ballot as of that date.
331 (2) (a) No later than seven business days after the day on which the lieutenant governor
332 transmits the written notice described in Subsection (1), each county clerk shall provide notice,
333 in accordance with Subsection (3):
334 (i) by posting notice in a conspicuous place most likely to give notice of the election to
335 the voters in each voting precinct within the county;
336 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
337 (B) by posting one notice, and at least one additional notice per 2,000 population of the
338 county, in places within the county that are most likely to give notice of the election to the
339 voters in the county, subject to a maximum of 10 notices; or
340 (C) by mailing notice to each registered voter in the county;
341 (iii) by posting notice on the Utah Public Notice Website, created in Section
342 63A-16-601, for seven days before the day of the election; and
343 (iv) by posting notice on the county's website for seven days before the day of the
344 election.
345 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
346 showing a copy of the notice and the places where the notice was posted.
347 (3) The notice described in Subsection (2) shall:
348 (a) designate the offices to be voted on in that election; and
349 (b) identify the dates for filing a declaration of candidacy for those offices.
350 (4) Except as provided in Subsection (6), before each election, the election officer shall
351 give printed notice of the following information:
352 (a) the date of election;
353 (b) the hours during which the polls will be open;
354 (c) the polling places for each voting precinct, early voting polling place, and election
355 day voting center;
356 (d) the address of the Statewide Electronic Voter Information Website and, if available,
357 the address of the election officer's website, with a statement indicating that the election officer
358 will post on the website any changes to the location of a polling place and the location of any
359 additional polling place;
360 (e) a phone number that a voter may call to obtain information regarding the location of
361 a polling place; [
362 (f) the qualifications for persons to vote in the election[
363 (g) instructions regarding how an individual with a disability, who is not able to vote a
364 manual ballot by mail, may obtain information on voting in an accessible manner.
365 (5) The election officer shall provide the notice described in Subsection (4):
366 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
367 to which the election pertains, at least two days before the day of the election;
368 (ii) at least two days before the day of the election, by posting one notice, and at least
369 one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
370 that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
371 maximum of 10 notices; or
372 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
373 which the election pertains at least five days before the day of the election;
374 (b) by posting notice on the Utah Public Notice Website, created in Section
375 63A-16-601, for two days before the day of the election; and
376 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
377 two days before the day of the election.
378 (6) Instead of including the information described in Subsection (4) in the notice, the
379 election officer may give printed notice that:
380 (a) is entitled "Notice of Election";
381 (b) includes the following: "A [indicate election type] will be held in [indicate the
382 jurisdiction] on [indicate date of election]. Information relating to the election, including
383 polling places, polling place hours, and qualifications of voters may be obtained from the
384 following sources:"; and
385 (c) specifies the following sources where an individual may view or obtain the
386 information described in Subsection (4):
387 (i) if the jurisdiction has a website, the jurisdiction's website;
388 (ii) the physical address of the jurisdiction offices; and
389 (iii) a mailing address and telephone number.
390 Section 4. Section 20A-5-701 is amended to read:
391 20A-5-701. Willful neglect of duty or corrupt conduct -- Penalty.
392 (1) It is unlawful for [
393 election officer's or poll worker's duty or to willfully act corruptly in discharging the election
394 officer's or poll worker's duty.
395 (2) [
396 third degree felony.
397 Section 5. Coordinating H.B. 37 with H.B. 162 and H.B. 448 -- Substantive and
398 technical amendments.
399 (1) If this H.B. 37, H.B. 162, Voter Accessibility Amendments, and H.B. 448, Election
400 Changes, all pass and become law, it is the intent of the Legislature that the Office of
401 Legislative Research and General Counsel shall prepare the Utah Code database for
402 publication, as follows:
403 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
404 Subsection 20A-3a-401(4)(a) in H.B. 162 and H.B. 448;
405 (b) the changes to Subsection 20A-3a-401(5) in H.B. 37 supersede the changes to
406 Subsection 20A-3a-401(5) in H.B. 162 and H.B. 448, except that, in Subsection
407 20A-3a-401(5)(e)(i) in H.B. 37, the reference to "Section 20A-2-109" will change to "Section
408 20A-2-502";
409 (c) enacted Subsection 20A-3a-401(10) in H.B. 162 does not take effect; and
410 (d) enacted Subsection 20A-3a-401(9) in H.B. 448 does not take effect.
411 (2) If this H.B. 37 and H.B. 162, Voter Accessibility Amendments, both pass and
412 become law, but H.B. 448, Election Changes, does not pass, it is the intent of the Legislature
413 that the Office of Legislative Research and General Counsel shall prepare the Utah Code
414 database for publication, as follows:
415 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
416 Subsection 20A-3a-401(4)(a) in H.B. 162;
417 (b) the changes to Subsection 20A-3a-401(5)(e)(iii) in H.B. 37 supersede the changes
418 to Subsection 20A-3a-401(5)(e)(iii) in H.B. 162; and
419 (c) enacted Subsection 20A-3a-401(10) in H.B. 162 does not take effect.
420 (3) If this H.B. 37 and H.B. 448, Election Changes, both pass and become law, but
421 H.B. 162, Voter Accessibility Amendments, does not pass:
422 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
423 Subsection 20A-3a-401(4)(a) in H.B. 448;
424 (b) the changes to Subsection 20A-3a-401(5) in H.B. 37 supersede the changes to
425 Subsection 20A-3a-401(5) in H.B. 448, except that, in Subsection 20A-3a-401(5)(e)(i) in H.B.
426 37, the reference to "Section 20A-2-109" will change to "Section 20A-2-502"; and
427 (c) enacted Subsection 20A-3a-401(9) in H.B. 448 does not take effect.