1     
ELECTIONS RECORD AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Norman K Thurston

5     
Senate Sponsor: Jacob L. Anderegg

6     

7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to elections records.
10     Highlighted Provisions:
11          This bill:
12          ▸     provides that certain non-identifying information from a withheld voter registration
13     record be provided to political parties and candidates, to be used for a political
14     purpose;
15          ▸     in relation to the provision of information described in the preceding paragraph:
16               •     provides for a plan to provide notice to affected voters; and
17               •     provides penalties for obtaining, providing, or using the information in a manner
18     that is prohibited by law;
19          ▸     modifies the form used to request additional privacy protection to be consistent with
20     the changes made in this bill;
21          ▸     addresses the disclosure of certain information relating to a voter whose ballot is
22     rejected; and
23          ▸     makes technical and conforming changes.
24     Money Appropriated in this Bill:
25          None
26     Other Special Clauses:
27          None
28     Utah Code Sections Affected:
29     AMENDS:

30          20A-2-104, as last amended by Laws of Utah 2021, Chapter 100
31          20A-2-108, as last amended by Laws of Utah 2021, Chapter 100
32          20A-2-306, as last amended by Laws of Utah 2022, Chapter 121
33          20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
34          20A-6-105, as last amended by Laws of Utah 2021, Chapter 100
35     

36     Be it enacted by the Legislature of the state of Utah:
37          Section 1. Section 20A-2-104 is amended to read:
38          20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
39          (1) [(a)] As used in this section:
40          [(i)] (a) "Candidate for public office" means an individual:
41          [(A)] (i) who files a declaration of candidacy for a public office;
42          [(B)] (ii) who files a notice of intent to gather signatures under Section 20A-9-408; or
43          [(C)] (iii) employed by, under contract with, or a volunteer of, an individual described
44     in Subsection [(1)(a)(i)(A) or (B)] (1)(a)(i) or (ii) for political campaign purposes.
45          [(ii)] (b) "Dating violence" means the same as that term is defined in Section
46     78B-7-402 and the federal Violence Against Women Act of 1994, as amended.
47          [(iii)] (c) "Domestic violence" means the same as that term is defined in Section
48     77-36-1 and the federal Violence Against Women Act of 1994, as amended.
49          (d) "Hash Code" means a code generated by applying an algorithm to a set of data to
50     produce a code that:
51          (i) uniquely represents the set of data;
52          (ii) is always the same if the same algorithm is applied to the same set of data; and
53          (iii) cannot be reversed to reveal the data applied to the algorithm.
54          (e) "Protected individual" means an individual:
55          (i) who submits a withholding request form with the individual's voter registration
56     record, or to the lieutenant governor or a county clerk, if the individual indicates on the form
57     that the individual, or an individual who resides with the individual, is a victim of domestic

58     violence or dating violence or is likely to be a victim of domestic violence or dating violence;
59          (ii) who submits a withholding request form with the individual's voter registration
60     record, or to the lieutenant governor or a county clerk, if the individual indicates on the form
61     and provides verification that the individual, or an individual who resides with the individual,
62     is a law enforcement officer, a member of the armed forces as defined in Section 20A-1-513, a
63     public figure, or protected by a protective order or protection order; or
64          (iii) whose voter registration record was classified as a private record at the request of
65     the individual before May 12, 2020.
66          [(b)] (2) (a) An individual applying for voter registration, or an individual
67     preregistering to vote, shall complete a voter registration form in substantially the following
68     form:     
69     -----------------------------------------------------------------------------------------------------------------
70          
UTAH ELECTION REGISTRATION FORM

71          Are you a citizen of the United States of America?               Yes     No
72          If you checked "no" to the above question, do not complete this form.
73          Will you be 18 years of age on or before election day?          Yes     No
74          If you checked "no" to the above question, are you 16 or 17 years of age and
75     preregistering to vote?                                             
76                                                       Yes     No
77          If you checked "no" to both of the prior two questions, do not complete this form.
78          Name of Voter
79     _________________________________________________________________
80               First                Middle            Last
81          Utah Driver License or Utah Identification Card
82     Number____________________________
83          Date of Birth ______________________________________________________
84          Street Address of Principal Place of Residence
     

85     ____________________________________________________________________________
86          City            County            State            Zip Code
87          Telephone Number (optional) _________________________
88          Email Address (optional) _____________________________________________
89          Last four digits of Social Security Number ______________________
90          Last former address at which I was registered to vote (if
91     known)__________________________
     
92     ____________________________________________________________________________
93          City               County               State           Zip Code
94          Political Party
95          (a listing of each registered political party, as defined in Section 20A-8-101 and
96     maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
97     by a checkbox)
98          ◻Unaffiliated (no political party preference) ◻Other (Please
99     specify)___________________
100          I do swear (or affirm), subject to penalty of law for false statements, that the
101     information contained in this form is true, and that I am a citizen of the United States and a
102     resident of the state of Utah, residing at the above address. Unless I have indicated above that I
103     am preregistering to vote in a later election, I will be at least 18 years of age and will have
104     resided in Utah for 30 days immediately before the next election. I am not a convicted felon
105     currently incarcerated for commission of a felony.
106          Signed and sworn
107          __________________________________________________________
108                              Voter's Signature
109          _______________(month/day/year).
110          
PRIVACY INFORMATION

111          Voter registration records contain some information that is available to the public, such

112     as your name and address, some information that is available only to government entities, and
113     some information that is available only to certain third parties in accordance with the
114     requirements of law.
115          Your driver license number, identification card number, social security number, email
116     address, full date of birth, and phone number are available only to government entities. Your
117     year of birth is available to political parties, candidates for public office, certain third parties,
118     and their contractors, employees, and volunteers, in accordance with the requirements of law.
119          You may request that all information on your voter registration records be withheld
120     from all persons other than government entities, political parties, candidates for public office,
121     and their contractors, employees, and volunteers, by indicating here:
122          _____ Yes, I request that all information on my voter registration records be withheld
123     from all persons other than government entities, political parties, candidates for public office,
124     and their contractors, employees, and volunteers.
125          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
126          In addition to the protections provided above, you may request that [all] identifying
127     information on your voter registration records be withheld from all political parties, candidates
128     for public office, and their contractors, employees, and volunteers, by submitting a withholding
129     request form, and any required verification, as described in the following paragraphs.
130          A person may request that [all] identifying information on the person's voter
131     registration records be withheld from all political parties, candidates for public office, and their
132     contractors, employees, and volunteers, by submitting a withholding request form with this
133     registration record, or to the lieutenant governor or a county clerk, if the person is or is likely to
134     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
135     violence.
136          A person may request that [all] identifying information on the person's voter
137     registration records be withheld from all political parties, candidates for public office, and their
138     contractors, employees, and volunteers, by submitting a withholding request form and any
139     required verification with this registration form, or to the lieutenant governor or a county clerk,

140     if the person is, or resides with a person who is, a law enforcement officer, a member of the
141     armed forces, a public figure, or protected by a protective order or a protection order.
142          
CITIZENSHIP AFFIDAVIT

143          Name:
144          Name at birth, if different:
145          Place of birth:
146          Date of birth:
147          Date and place of naturalization (if applicable):
148          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
149     citizen and that to the best of my knowledge and belief the information above is true and
150     correct.
151          ____________________________
152          Signature of Applicant
153          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
154     allowing yourself to be registered or preregistered to vote if you know you are not entitled to
155     register or preregister to vote is up to one year in jail and a fine of up to $2,500.
156          NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT
157     VALID VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH
158     MUST BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME
159     AND PHOTOGRAPH; OR
160          TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
161     AND CURRENT ADDRESS.
162          FOR OFFICIAL USE ONLY
163                                   Type of I.D. ____________________________
164                                   Voting Precinct _________________________
165                                   Voting I.D. Number _____________________
166     ------------------------------------------------------------------------------------------------------------------
167          [(c)] (b) [Beginning May 1, 2022, the] The voter registration form described in

168     Subsection [(1)(b)] (2)(a) shall include a section in substantially the following form:     
169     ------------------------------------------------------------------------------------------------------------------
170          
BALLOT NOTIFICATIONS

171          If you have provided a phone number or email address, you can receive notifications by
172     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
173     deposit in the mail or in a ballot drop box, by indicating here:
174          ______ Yes, I would like to receive electronic notifications regarding the status of my
175     ballot.
176     ------------------------------------------------------------------------------------------------------------------
177          [(2)] (c) [(a)] (i) Except as provided under Subsection [(2)(b)] (2)(c)(ii), the county
178     clerk shall retain a copy of each voter registration form in a permanent countywide alphabetical
179     file, which may be electronic or some other recognized system.
180          [(b)] (ii) The county clerk may transfer a superseded voter registration form to the
181     Division of Archives and Records Service created under Section 63A-12-101.
182          (3) (a) Each county clerk shall retain lists of currently registered voters.
183          (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
184          (c) If there are any discrepancies between the two lists, the county clerk's list is the
185     official list.
186          (d) The lieutenant governor and the county clerks may charge the fees established
187     under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
188     the list of registered voters.
189          (4) (a) As used in this Subsection (4), "qualified person" means:
190          (i) a government official or government employee acting in the government official's or
191     government employee's capacity as a government official or a government employee;
192          (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
193     independent contractor of a health care provider;
194          (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
195     independent contractor of an insurance company;

196          (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
197     independent contractor of a financial institution;
198          (v) a political party, or an agent, employee, or independent contractor of a political
199     party;
200          (vi) a candidate for public office, or an employee, independent contractor, or volunteer
201     of a candidate for public office; [or]
202          (vii) a person described in Subsections (4)(a)(i) through (vi)[, or an agent, employee, or
203     independent contractor of the person,] who, after obtaining a year of birth from the list of
204     registered voters:
205          (A) provides the year of birth [of a registered voter that is obtained from the list of
206     registered voters] only to a person [who is a qualified person] described in Subsections (4)(a)(i)
207     through (vii);
208          (B) verifies that [a] the person[,] described in Subsection (4)(a)(vii)(A)[, to whom a
209     year of birth that is obtained from the list of registered voters is provided,] [is a qualified
210     person] is a person described in Subsections (4)(a)(i) through (vii);
211          (C) ensures, using industry standard security measures, that the year of birth [of a
212     registered voter that is obtained from the list of registered voters] may not be accessed by a
213     person other than a [qualified person] person described in Subsections (4)(a)(i) through (vii);
214          (D) verifies that each [qualified person, other than a qualified person described in
215     Subsection (4)(a)(i), (v), or (vi),] person described in Subsections (4)(a)(ii) through (iv) to
216     whom the person provides the year of birth [of a registered voter that is obtained from the list
217     of registered voters,] will only use the year of birth to verify the accuracy of personal
218     information submitted by an individual or to confirm the identity of a person in order to
219     prevent fraud, waste, or abuse;
220          (E) verifies that each [qualified] person described in Subsection (4)(a)(i)[,] to whom
221     the person provides the year of birth [of a registered voter that is obtained from the list of
222     registered voters,] will only use the year of birth in the [qualified] person's capacity as a
223     government official or government employee; and

224          (F) verifies that each [qualified] person described in Subsection (4)(a)(v) or (vi)[,] to
225     whom the person provides the year of birth [of a registered voter that is obtained from the list
226     of registered voters,] will only use the year of birth for a political purpose of the political party
227     or candidate for public office[.]; or
228          (viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
229     information under Subsection (4)(n) and (o):
230          (A) provides the information only to another person described in Subsection (4)(a)(v)
231     or (vi);
232          (B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a person
233     described in Subsection (4)(a)(v) or (vi);
234          (C) ensures, using industry standard security measures, that the information may not be
235     accessed by a person other than a person described in Subsection (4)(a)(v) or (vi); and
236          (D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
237     person provides the information will only use the information for a political purpose of the
238     political party or candidate for public office.
239          (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
240     Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
241     providing the list of registered voters to a qualified person under this section, include, with the
242     list, the years of birth of the registered voters, if:
243          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
244     the person is a qualified person; and
245          (ii) the qualified person signs a document that includes the following:
246          (A) the name, address, and telephone number of the person requesting the list of
247     registered voters;
248          (B) an indication of the type of qualified person that the person requesting the list
249     claims to be;
250          (C) a statement regarding the purpose for which the person desires to obtain the years
251     of birth;

252          (D) a list of the purposes for which the qualified person may use the year of birth of a
253     registered voter that is obtained from the list of registered voters;
254          (E) a statement that the year of birth of a registered voter that is obtained from the list
255     of registered voters may not be provided or used for a purpose other than a purpose described
256     under Subsection (4)(b)(ii)(D);
257          (F) a statement that if the person obtains the year of birth of a registered voter from the
258     list of registered voters under false pretenses, or provides or uses the year of birth of a
259     registered voter that is obtained from the list of registered voters in a manner that is prohibited
260     by law, is guilty of a class A misdemeanor and is subject to a civil fine;
261          (G) an assertion from the person that the person will not provide or use the year of
262     birth of a registered voter that is obtained from the list of registered voters in a manner that is
263     prohibited by law; and
264          (H) notice that if the person makes a false statement in the document, the person is
265     punishable by law under Section 76-8-504.
266          (c) The lieutenant governor or a county clerk:
267          (i) may not disclose the year of birth of a registered voter to a person that the lieutenant
268     governor or county clerk reasonably believes:
269          [(i)] (A) is not a qualified person or a person described in Subsection (4)(l); or
270          [(ii)] (B) will provide or use the year of birth in a manner prohibited by law[.]; and
271          (ii) may not disclose information under Subsections (4)(n) or (o) to a person that the
272     lieutenant governor or county clerk reasonably believes:
273          (A) is not a person described in Subsection (4)(a)(v) or (vi); or
274          (B) will provide or use the information in a manner prohibited by law.
275          (d) The lieutenant governor or a county clerk may not disclose the voter registration
276     form of a person, or information included in the person's voter registration form, whose voter
277     registration form is classified as private under Subsection (4)(h) to a person other than:
278          (i) a government official or government employee acting in the government official's or
279     government employee's capacity as a government official or government employee; or

280          (ii) [except as provided in Subsection (7) and] subject to Subsection (4)(e), a person
281     described in Subsection (4)(a)(v) or (vi) for a political purpose.
282          (e) [(e)] (i) [When] Except as provided in Subsection (4)(e)(ii), when disclosing a
283     record or information under Subsection (4)(d)(ii), the lieutenant governor or county clerk shall
284     exclude the information described in Subsection 63G-2-302(1)(j), other than the year of birth.
285          (ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
286     voter registration record of a protected individual, the lieutenant governor or county clerk shall
287     comply with Subsections (4)(n) through (p).
288          (f) The lieutenant governor or a county clerk may not disclose a withholding request
289     form, described in Subsections (7) and (8), submitted by an individual, or information obtained
290     from that form, to a person other than a government official or government employee acting in
291     the government official's or government employee's capacity as a government official or
292     government employee.
293          (g) A person is guilty of a class A misdemeanor if the person:
294          (i) obtains [the year of birth of a registered voter] from the list of registered voters,
295     under false pretenses, the year of birth of a registered voter or information described in
296     Subsection (4)(n) or (o);
297          (ii) uses or provides the year of birth of a registered voter, or information described in
298     Subsection (4)(n) or (o), that is obtained from the list of registered voters in a manner that is
299     not permitted by law;
300          (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
301     false pretenses;
302          (iv) uses or provides information obtained from a voter registration record described in
303     Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
304          (v) unlawfully discloses or obtains a voter registration record withheld under
305     Subsection (7) or a withholding request form described in Subsections (7) and (8); or
306          (vi) unlawfully discloses or obtains information from a voter registration record
307     withheld under Subsection (7) or a withholding request form described in Subsections (7) and

308     (8).
309          (h) The lieutenant governor or a county clerk shall classify the voter registration record
310     of a voter as a private record if the voter:
311          (i) submits a written application, created by the lieutenant governor, requesting that the
312     voter's voter registration record be classified as private;
313          (ii) requests on the voter's voter registration form that the voter's voter registration
314     record be classified as a private record; or
315          (iii) submits a withholding request form described in Subsection (7) and any required
316     verification.
317          (i) [The] Except as provided in Subsections (4)(d)(ii) and (e)(ii), the lieutenant
318     governor or a county clerk may not disclose to a person described in Subsection (4)(a)(v) or
319     (vi) a voter registration record, or information obtained from a voter registration record, if the
320     record is withheld under Subsection (7).
321          (j) In addition to any criminal penalty that may be imposed under this section, the
322     lieutenant governor may impose a civil fine against a person who violates a provision of this
323     section, in an amount equal to the greater of:
324          (i) the product of 30 and the square root of the total number of:
325          (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
326     dollar; or
327          (B) records from which information is obtained, provided, or used unlawfully, rounded
328     to the nearest whole dollar; or
329          (ii) $200.
330          (k) A qualified person may not obtain, provide, or use the year of birth of a registered
331     voter, if the year of birth is obtained from the list of registered voters or from a voter
332     registration record, unless the person:
333          (i) is a government official or government employee who obtains, provides, or uses the
334     year of birth in the government official's or government employee's capacity as a government
335     official or government employee;

336          (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
337     uses the year of birth only to verify the accuracy of personal information submitted by an
338     individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
339          (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
340     provides, or uses the year of birth for a political purpose of the political party or candidate for
341     public office; or
342          (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
343     uses the year of birth to provide the year of birth to another qualified person to verify the
344     accuracy of personal information submitted by an individual or to confirm the identity of a
345     person in order to prevent fraud, waste, or abuse.
346          (l) The lieutenant governor or a county clerk may provide a year of birth to a member
347     of the media, in relation to an individual designated by the member of the media, in order for
348     the member of the media to verify the identity of the individual.
349          (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
350     information from a voter registration record for a purpose other than a political purpose.
351          (n) Notwithstanding Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a
352     county clerk shall, when providing the list of registered voters to a qualified person described
353     in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose record is withheld
354     under Subsection (7), the information described in Subsection (4)(o), if:
355          (i) the lieutenant governor or a county clerk verifies the identity of the person and that
356     the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
357          (ii) the qualified person described in Subsection (4)(a)(v) or (vi) signs a document that
358     includes the following:
359          (A) the name, address, and telephone number of the person requesting the list of
360     registered voters;
361          (B) an indication of the type of qualified person that the person requesting the list
362     claims to be;
363          (C) a statement regarding the purpose for which the person desires to obtain the

364     information;
365          (D) a list of the purposes for which the qualified person may use the information;
366          (E) a statement that the information may not be provided or used for a purpose other
367     than a purpose described under Subsection (4)(n)(ii)(D);
368          (F) a statement that if the person obtains the information under false pretenses, or
369     provides or uses the information in a manner that is prohibited by law, the person is guilty of a
370     class A misdemeanor and is subject to a civil fine;
371          (G) an assertion from the person that the person will not provide or use the information
372     in a manner that is prohibited by law; and
373          (H) notice that if the person makes a false statement in the document, the person is
374     punishable by law under Section 76-8-504.
375          (o) Except as provided in Subsection (4)(p), the information that the lieutenant
376     governor or a county clerk is required to provide, under Subsection (4)(n), from the record of a
377     protected individual is:
378          (i) a single hash code, generated from a string of data that includes both the voter's
379     voter identification number and residential address;
380          (ii) the voter's residential address;
381          (iii) the voter's mailing address, if different from the voter's residential address;
382          (iv) the party affiliation of the voter;
383          (v) the precinct number for the voter's residential address;
384          (vi) the voter's voting history; and
385          (vii) a designation of which age group, of the following age groups, the voter falls
386     within:
387          (A) 25 or younger;
388          (B) 26 through 35;
389          (C) 36 through 45;
390          (D) 46 through 55;
391          (E) 56 through 65;

392          (F) 66 through 75; or
393          (G) 76 or older.
394          (p) The lieutenant governor or a county clerk may not disclose:
395          (i) information described in Subsection (4)(o) that, due to a small number of voters
396     affiliated with a particular political party, or due to another reason, would likely reveal the
397     identity of a voter if disclosed; or
398          (ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
399     county clerk determines that the nature of the address would directly reveal sensitive
400     information about the voter.
401          (q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain,
402     provide, or use the information described in Subsection (4)(n) or (o), except to the extent that
403     the qualified person uses the information for a political purpose of a political party or candidate
404     for public office.
405          (5) When political parties not listed on the voter registration form qualify as registered
406     political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
407     lieutenant governor shall inform the county clerks of the name of the new political party and
408     direct the county clerks to ensure that the voter registration form is modified to include that
409     political party.
410          (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
411     clerk's designee shall:
412          (a) review each voter registration form for completeness and accuracy; and
413          (b) if the county clerk believes, based upon a review of the form, that an individual
414     may be seeking to register or preregister to vote who is not legally entitled to register or
415     preregister to vote, refer the form to the county attorney for investigation and possible
416     prosecution.
417          (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
418     person described in Subsection (4)(a)(i), the voter registration record, and information obtained
419     from the voter registration record, of [an individual:] a protected individual.

420          [(a) who submits a withholding request form, with the voter registration record or to
421     the lieutenant governor or a county clerk, if:]
422          [(i) the individual indicates on the form that the individual, or an individual who
423     resides with the individual, is a victim of domestic violence or dating violence or is likely to be
424     a victim of domestic violence or dating violence; or]
425          [(ii) the individual indicates on the form and provides verification that the individual,
426     or an individual who resides with the individual, is:]
427          [(A) a law enforcement officer;]
428          [(B) a member of the armed forces, as defined in Section 20A-1-513;]
429          [(C) a public figure; or]
430          [(D) protected by a protective order or protection order; or]
431          [(b) whose voter registration record was classified as a private record at the request of
432     the individual before May 12, 2020.]
433          (8) (a) The lieutenant governor shall design and distribute the withholding request form
434     described in Subsection (7) to each election officer and to each agency that provides a voter
435     registration form.
436          (b) An individual described in Subsection [(7)(a)(i)] (1)(e)(i) is not required to provide
437     verification, other than the individual's attestation and signature on the withholding request
438     form, that the individual, or an individual who resides with the individual, is a victim of
439     domestic violence or dating violence or is likely to be a victim of domestic violence or dating
440     violence.
441          (c) The director of elections within the Office of the Lieutenant Governor shall make
442     rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
443     establishing requirements for providing the verification described in Subsection [(7)(a)(ii)]
444     (1)(e)(ii).
445          (9) An election officer or an employee of an election officer may not encourage an
446     individual to submit, or discourage an individual from submitting, a withholding request form.
447          (10) (a) The lieutenant governor shall make and execute a plan to provide notice to

448     registered voters who are protected individuals, that includes the following information:
449          (i) that the voter's classification of the record as private remains in effect;
450          (ii) that certain non-identifying information from the voter's voter registration record
451     may, under certain circumstances, be released to political parties and candidates for public
452     office;
453          (iii) that the voter's name, driver license or identification card number, social security
454     number, email address, phone number, and the voter's day, month, and year of birth will remain
455     private and will not be released to political parties or candidates for public office;
456          (iv) that a county clerk will only release the information to political parties and
457     candidates in a manner that does not associate the information with a particular voter; and
458          (v) that a county clerk may, under certain circumstances, withhold other information
459     that the county clerk determines would reveal identifying information about the voter.
460          (b) The lieutenant governor may include in the notice described in this Subsection (10)
461     a statement that a voter may obtain additional information on the lieutenant governor's website.
462          (c) The plan described in Subsection (10)(a) may include providing the notice
463     described in Subsection (10)(a) by:
464          (i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
465          (ii) publication on the lieutenant governor's website or a county's website;
466          (iii) posting the notice in public locations;
467          (iv) publication in a newspaper;
468          (v) sending notification to the voters by electronic means;
469          (vi) sending notice by other methods used by government entities to communicate with
470     citizens; or
471          (vii) providing notice by any other method.
472          (d) The lieutenant governor shall provide the notice included in a plan described in this
473     Subsection (10) before June 16, 2023.
474          Section 2. Section 20A-2-108 is amended to read:
475          20A-2-108. Driver license or state identification card registration form --

476     Transmittal of information.
477          (1) As used in this section, "qualifying form" means:
478          (a) a driver license application form; or
479          (b) a state identification card application form.
480          (2) The lieutenant governor and the Driver License Division shall design each
481     qualifying form to include:
482          (a) the following question, which an applicant is required to answer: "Do you authorize
483     the use of information in this form for voter registration purposes? YES____ NO____";
484          (b) the following statement:
485          
"PRIVACY INFORMATION

486          Voter registration records contain some information that is available to the public, such
487     as your name and address, some information that is available only to government entities, and
488     some information that is available only to certain third parties in accordance with the
489     requirements of law.
490          Your driver license number, identification card number, social security number, email
491     address, full date of birth, and phone number are available only to government entities. Your
492     year of birth is available to political parties, candidates for public office, certain third parties,
493     and their contractors, employees, and volunteers, in accordance with the requirements of law.
494          You may request that all information on your voter registration records be withheld
495     from all persons other than government entities, political parties, candidates for public office,
496     and their contractors, employees, and volunteers, by indicating here:
497          _____ Yes, I request that all information on my voter registration records be withheld
498     from all persons other than government entities, political parties, candidates for public office,
499     and their contractors, employees, and volunteers.
500          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
501          In addition to the protections provided above, you may request that [all] identifying
502     information on your voter registration records be withheld from all political parties, candidates
503     for public office, and their contractors, employees, and volunteers, by submitting a withholding

504     request form, and any required verification, as described in the following paragraphs.
505          A person may request that [all] identifying information on the person's voter
506     registration records be withheld from all political parties, candidates for public office, and their
507     contractors, employees, and volunteers, by submitting a withholding request form with this
508     registration record, or to the lieutenant governor or a county clerk, if the person is or is likely to
509     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
510     violence.
511          A person may request that [all] identifying information on the person's voter
512     registration records be withheld from all political parties, candidates for public office, and their
513     contractors, employees, and volunteers, by submitting a withholding request form and any
514     required verification with this registration form, or to the lieutenant governor or a county clerk,
515     if the person is, or resides with a person who is, a law enforcement officer, a member of the
516     armed forces, a public figure, or protected by a protective order or a protection order."; and
517          (c) [beginning May 1, 2022,] a section in substantially the following form:
     
518     ------------------------------------------------------------------------------------------------------------------
519          
BALLOT NOTIFICATIONS

520          If you have provided a phone number or email address, you can receive notifications by
521     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
522     deposit in the mail or in a ballot drop box, by indicating here:
523          ______ Yes, I would like to receive electronic notifications regarding the status of my
524     ballot.
525     ------------------------------------------------------------------------------------------------------------------
526          (3) The lieutenant governor and the Driver License Division shall ensure that a
527     qualifying form contains:
528          (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
529     Utah residency, and that the information provided in the form is true;
530          (b) a records disclosure that is similar to the records disclosure on a voter registration

531     form described in Section 20A-2-104;
532          (c) a statement that if an applicant declines to register or preregister to vote, the fact
533     that the applicant has declined to register or preregister will remain confidential and will be
534     used only for voter registration purposes;
535          (d) a statement that if an applicant does register or preregister to vote, the office at
536     which the applicant submits a voter registration application will remain confidential and will be
537     used only for voter registration purposes; and
538          (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
539     where an individual may, if desired:
540          (i) indicate the individual's desired political affiliation from a listing of each registered
541     political party, as defined in Section 20A-8-101;
542          (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
543     individual desires to affiliate; or
544          (iii) indicate that the individual does not wish to affiliate with a political party.
545          Section 3. Section 20A-2-306 is amended to read:
546          20A-2-306. Removing names from the official register -- Determining and
547     confirming change of residence.
548          (1) A county clerk may not remove a voter's name from the official register on the
549     grounds that the voter has changed residence unless the voter:
550          (a) confirms in writing that the voter has changed residence to a place outside the
551     county; or
552          (b) (i) has not voted in an election during the period beginning on the date of the notice
553     required by Subsection (3), and ending on the day after the date of the second regular general
554     election occurring after the date of the notice; and
555          (ii) has failed to respond to the notice required by Subsection (3).
556          (2) (a) When a county clerk obtains information that a voter's address has changed and
557     it appears that the voter still resides within the same county, the county clerk shall:
558          (i) change the official register to show the voter's new address; and

559          (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
560     printed on a postage prepaid, preaddressed return form.
561          (b) When a county clerk obtains information that a voter's address has changed and it
562     appears that the voter now resides in a different county, the county clerk shall verify the
563     changed residence by sending to the voter, by forwardable mail, the notice required by
564     Subsection (3) printed on a postage prepaid, preaddressed return form.
565          (3) (a) Each county clerk shall use substantially the following form to notify voters
566     whose addresses have changed:
567          "VOTER REGISTRATION NOTICE
568          We have been notified that your residence has changed. Please read, complete, and
569     return this form so that we can update our voter registration records. What is your current
570     street address?
     
571     ___________________________________________________________________________
572          Street                 City                County          State          Zip
573          What is your current phone number (optional)?________________________________
574          What is your current email address (optional)?_________________________________
575          If you have not changed your residence or have moved but stayed within the same
576     county, you must complete and return this form to the county clerk so that it is received by the
577     county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
578     return this form within that time:
579          - you may be required to show evidence of your address to the poll worker before being
580     allowed to vote in either of the next two regular general elections; or
581          - if you fail to vote at least once from the date this notice was mailed until the passing
582     of two regular general elections, you will no longer be registered to vote. If you have changed
583     your residence and have moved to a different county in Utah, you may register to vote by
584     contacting the county clerk in your county.
585          ________________________________________

586          Signature of Voter
587          
PRIVACY INFORMATION

588          Voter registration records contain some information that is available to the public, such
589     as your name and address, some information that is available only to government entities, and
590     some information that is available only to certain third parties in accordance with the
591     requirements of law.
592          Your driver license number, identification card number, social security number, email
593     address, full date of birth, and phone number are available only to government entities. Your
594     year of birth is available to political parties, candidates for public office, certain third parties,
595     and their contractors, employees, and volunteers, in accordance with the requirements of law.
596          You may request that all information on your voter registration records be withheld
597     from all persons other than government entities, political parties, candidates for public office,
598     and their contractors, employees, and volunteers, by indicating here:
599          _____ Yes, I request that all information on my voter registration records be withheld
600     from all persons other than government entities, political parties, candidates for public office,
601     and their contractors, employees, and volunteers.
602          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
603          In addition to the protections provided above, you may request that [all] identifying
604     information on your voter registration records be withheld from all political parties, candidates
605     for public office, and their contractors, employees, and volunteers, by submitting a withholding
606     request form, and any required verification, as described in the following paragraphs.
607          A person may request that [all] identifying information on the person's voter
608     registration records be withheld from all political parties, candidates for public office, and their
609     contractors, employees, and volunteers, by submitting a withholding request form with this
610     registration record, or to the lieutenant governor or a county clerk, if the person is or is likely to
611     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
612     violence.
613          A person may request that [all] identifying information on the person's voter

614     registration records be withheld from all political parties, candidates for public office, and their
615     contractors, employees, and volunteers, by submitting a withholding request form and any
616     required verification with this registration form, or to the lieutenant governor or a county clerk,
617     if the person is, or resides with a person who is, a law enforcement officer, a member of the
618     armed forces, a public figure, or protected by a protective order or a protection order."
619          (b) [Beginning May 1, 2022, the] The form described in Subsection (3)(a) shall also
620     include a section in substantially the following form:     
621     ------------------------------------------------------------------------------------------------------------------
622          
BALLOT NOTIFICATIONS

623          If you have provided a phone number or email address, you can receive notifications by
624     text message or email regarding the status of a ballot that is mailed to you or a ballot that you
625     deposit in the mail or in a ballot drop box, by indicating here:
626          ______ Yes, I would like to receive electronic notifications regarding the status of my
627     ballot.
628     ------------------------------------------------------------------------------------------------------------------
629          (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
630     names of any voters from the official register during the 90 days before a regular primary
631     election and the 90 days before a regular general election.
632          (b) The county clerk may remove the names of voters from the official register during
633     the 90 days before a regular primary election and the 90 days before a regular general election
634     if:
635          (i) the voter requests, in writing, that the voter's name be removed; or
636          (ii) the voter has died.
637          (c) (i) After a county clerk mails a notice as required in this section, the county clerk
638     may list that voter as inactive.
639          (ii) If a county clerk receives a returned voter identification card, determines that there
640     was no clerical error causing the card to be returned, and has no further information to contact
641     the voter, the county clerk may list that voter as inactive.

642          (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
643     privileges of a registered voter.
644          (iv) A county is not required to send routine mailings to an inactive voter and is not
645     required to count inactive voters when dividing precincts and preparing supplies.
646          (5) Beginning on or before January 1, 2022, the lieutenant governor shall make
647     available to a county clerk United States Social Security Administration data received by the
648     lieutenant governor regarding deceased individuals.
649          (6) A county clerk shall, within ten business days after the day on which the county
650     clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
651     relating to a decedent whose name appears on the official register, remove the decedent's name
652     from the official register.
653          (7) Ninety days before each primary and general election the lieutenant governor shall
654     compare the information the lieutenant governor has received under Subsection 26-2-13(11)
655     with the official register of voters to ensure that all deceased voters have been removed from
656     the official register.
657          Section 4. Section 20A-3a-401 is amended to read:
658          20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
659     Disposition -- Notice.
660          (1) This section governs ballots returned by mail or via a ballot drop box.
661          (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
662     the custody of the poll workers in accordance with Subsection (2)(b).
663          (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
664     the return envelope to the signature of the voter in the voter registration records.
665          (3) After complying with Subsection (2), the poll workers shall determine whether:
666          (a) the signatures correspond;
667          (b) the affidavit is sufficient;
668          (c) the voter is registered to vote in the correct precinct;
669          (d) the voter's right to vote the ballot has been challenged;

670          (e) the voter has already voted in the election;
671          (f) the voter is required to provide valid voter identification; and
672          (g) if the voter is required to provide valid voter identification, whether the voter has
673     provided valid voter identification.
674          (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
675     workers determine that:
676          (i) the signatures correspond;
677          (ii) the affidavit is sufficient;
678          (iii) the voter is registered to vote in the correct precinct;
679          (iv) the voter's right to vote the ballot has not been challenged;
680          (v) the voter has not already voted in the election; and
681          (vi) for a voter required to provide valid voter identification, that the voter has
682     provided valid voter identification.
683          (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
684     workers shall:
685          (i) remove the manual ballot from the return envelope in a manner that does not
686     destroy the affidavit on the return envelope;
687          (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
688     with the return envelope; and
689          (iii) place the ballot with the other ballots to be counted.
690          (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
691     the poll workers shall:
692          (i) disallow the vote;
693          (ii) without opening the return envelope, mark across the face of the return envelope:
694          (A) "Rejected as defective"; or
695          (B) "Rejected as not a registered voter"; and
696          (iii) place the return envelope, unopened, with the other rejected return envelopes.
697          (5) (a) If the poll workers reject an individual's ballot because the poll workers

698     determine that the signature on the return envelope does not match the individual's signature in
699     the voter registration records, the election officer shall contact the individual in accordance
700     with Subsection (7) by mail, email, text message, or phone, and inform the individual:
701          (i) that the individual's signature is in question;
702          (ii) how the individual may resolve the issue; and
703          (iii) that, in order for the ballot to be counted, the individual is required to deliver to
704     the election officer a correctly completed affidavit, provided by the county clerk, that meets the
705     requirements described in Subsection (5)(b).
706          (b) An affidavit described in Subsection (5)(a)(iii) shall include:
707          (i) an attestation that the individual voted the ballot;
708          (ii) a space for the individual to enter the individual's name, date of birth, and driver
709     license number or the last four digits of the individual's social security number;
710          (iii) a space for the individual to sign the affidavit; and
711          (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
712     governor's and county clerk's use of the individual's signature on the affidavit for voter
713     identification purposes.
714          (c) In order for an individual described in Subsection (5)(a) to have the individual's
715     ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
716     election officer.
717          (d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
718     immediately:
719          (i) scan the signature on the affidavit electronically and keep the signature on file in the
720     statewide voter registration database developed under Section 20A-2-109; and
721          (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
722     the day on which the canvass begins, count the individual's ballot.
723          (6) If the poll workers reject an individual's ballot for any reason, other than the reason
724     described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
725     accordance with Subsection (7) by mail, email, text message, or phone and specify the reason

726     for the rejection.
727          (7) An election officer who is required to give notice under Subsection (5) or (6) shall
728     give the notice no later than:
729          (a) if the election officer rejects the ballot before election day:
730          (i) one business day after the day on which the election officer rejects the ballot, if the
731     election officer gives the notice by email or text message; or
732          (ii) two business days after the day on which the election officer rejects the ballot, if
733     the election officer gives the notice by postal mail or phone;
734          (b) seven days after election day if the election officer rejects the ballot on election day;
735     or
736          (c) seven days after the canvass if the election officer rejects the ballot after election
737     day and before the end of the canvass.
738          (8) An election officer may not count the ballot of an individual whom the election
739     officer contacts under Subsection (5) or (6) unless:
740          (a) the election officer receives a signed affidavit from the individual under Subsection
741     (5)(b) or is otherwise able to establish contact with the individual to confirm the individual's
742     identity; and
743          (b) the affidavit described in Subsection (8)(a) is received, or the confirmation
744     described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
745     the canvass begins.
746          (9) The election officer shall retain and preserve the return envelopes in the manner
747     provided by law for the retention and preservation of ballots voted at that election.
748          (10) If, in response to a request, and in accordance with the requirements of law, an
749     election officer discloses the name or address of voters whose ballots have been rejected and
750     not yet resolved, the election officer shall:
751          (a) make the disclosure within two business days after the day on which the request is
752     made;
753          (b) respond to each request in the order the requests were made; and

754          (c) make each disclosure in a manner, and within a period of time, that does not reflect
755     favoritism to one requestor over another.
756          Section 5. Section 20A-6-105 is amended to read:
757          20A-6-105. Provisional ballot envelopes.
758          (1) Each election officer shall ensure that provisional ballot envelopes are printed in
759     substantially the following form:
760          "AFFIRMATION
761          Are you a citizen of the United States of America? Yes No
762          Will you be 18 years old on or before election day? Yes No
763          If you checked "no" in response to either of the two above questions, do not complete
764     this form.
765          Name of Voter _________________________________________________________
766                         First                Middle               Last
767          Driver License or Identification Card Number _________________________________
768          State of Issuance of Driver License or Identification Card Number _________________
769          Date of Birth ___________________________________________________________
770          Street Address of Principal Place of Residence
771          ______________________________________________________________________
772               City               County               State          Zip Code
773          Telephone Number (optional) ______________________________________________
774          Email Address (optional)__________________________________________________
775          Last four digits of Social Security Number ____________________________
776          Last former address at which I was registered to vote (if known)
777          ______________________________________________________________________
778               City               County               State          Zip Code
779          Voting Precinct (if known)
780     _________________________________________________
781          I, (please print your full name)__________________________do solemnly swear or

782     affirm:
783          That I am eligible to vote in this election; that I have not voted in this election in any
784     other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
785     vote in this precinct; and
786          Subject to penalty of law for false statements, that the information contained in this
787     form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
788     above address; and that I am at least 18 years old and have resided in Utah for the 30 days
789     immediately before this election.
790          Signed
791     ______________________________________________________________________
792          Dated
793     ______________________________________________________________________
794          In accordance with Section 20A-3a-506, wilfully providing false information above is a
795     class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
796          
PRIVACY INFORMATION

797          Voter registration records contain some information that is available to the public, such
798     as your name and address, some information that is available only to government entities, and
799     some information that is available only to certain third parties in accordance with the
800     requirements of law.
801          Your driver license number, identification card number, social security number, email
802     address, full date of birth, and phone number are available only to government entities. Your
803     year of birth is available to political parties, candidates for public office, certain third parties,
804     and their contractors, employees, and volunteers, in accordance with the requirements of law.
805          You may request that all information on your voter registration records be withheld
806     from all persons other than government entities, political parties, candidates for public office,
807     and their contractors, employees, and volunteers, by indicating here:
808          _____ Yes, I request that all information on my voter registration records be withheld
809     from all persons other than government entities, political parties, candidates for public office,

810     and their contractors, employees, and volunteers.
811          REQUEST FOR ADDITIONAL PRIVACY PROTECTION
812          In addition to the protections provided above, you may request that [all] identifying
813     information on your voter registration records be withheld from all political parties, candidates
814     for public office, and their contractors, employees, and volunteers, by submitting a withholding
815     request form, and any required verification, as described in the following paragraphs.
816          A person may request that [all] identifying information on the person's voter
817     registration records be withheld from all political parties, candidates for public office, and their
818     contractors, employees, and volunteers, by submitting a withholding request form with this
819     registration record, or to the lieutenant governor or a county clerk, if the person is or is likely to
820     be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
821     violence.
822          A person may request that [all] identifying information on the person's voter
823     registration records be withheld from all political parties, candidates for public office, and their
824     contractors, employees, and volunteers, by submitting a withholding request form and any
825     required verification with this registration form, or to the lieutenant governor or a county clerk,
826     if the person is, or resides with a person who is, a law enforcement officer, a member of the
827     armed forces, a public figure, or protected by a protective order or a protection order.
828          CITIZENSHIP AFFIDAVIT
829          Name:
830          Name at birth, if different:
831          Place of birth:
832          Date of birth:
833          Date and place of naturalization (if applicable):
834          I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
835     citizen and that to the best of my knowledge and belief the information above is true and
836     correct.
837                                             ____________________________

838                                                  Signature of Applicant
839          In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
840     allowing yourself to be registered to vote if you know you are not entitled to register to vote is
841     up to one year in jail and a fine of up to $2,500."
842          (2) The provisional ballot envelope shall include:
843          (a) a unique number;
844          (b) a detachable part that includes the unique number;
845          (c) a telephone number, internet address, or other indicator of a means, in accordance
846     with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted;
847     and
848          (d) [beginning May 1, 2022,] an insert containing written instructions on how a voter
849     may sign up to receive ballot status notifications via the ballot tracking system described in
850     Section 20A-3a-401.5.