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7 LONG TITLE
8 General Description:
9 This bill amends provisions of the Election Code and the authority of the lieutenant
10 governor over elections.
11 Highlighted Provisions:
12 This bill:
13 ▸ defines terms;
14 ▸ modifies and describes the supervisory and oversight authority of the lieutenant
15 governor over elections;
16 ▸ describes the duties of a clerk in relation to elections;
17 ▸ provides the lieutenant governor with access to records, facilities, equipment, staff,
18 and meetings to assist the lieutenant governor in fulfilling the supervisory and
19 oversight authority described above;
20 ▸ provides a process and method for the lieutenant governor to enforce compliance
21 with the provisions of election law;
22 ▸ requires the lieutenant governor to provide, and certain election administrators and
23 employees to complete, training relating to conducting elections;
24 ▸ addresses requirements for audits of election processes;
25 ▸ modifies publication dates for certain ballot statistics;
26 ▸ requires certain studies relating to elections;
27 ▸ grants rulemaking authority to the lieutenant governor in relation to:
28 • training;
29 • audits;
30 • maintaining and updating the statewide voter registration system and database;
31 • conducting elections;
32 • signature comparison and verification;
33 • alternative methods of identity verification; and
34 • chain of custody and ballot reconciliation;
35 ▸ modifies provisions relating to the statewide voter registration system and database,
36 including requirements relating to maintenance and updates;
37 ▸ establishes requirements to ensure accessibility of the election system in relation to
38 a person with a disability;
39 ▸ modifies ballot curing requirements;
40 ▸ enacts ballot chain of custody and reconciliation requirements;
41 ▸ establishes requirements relating to election records and election security;
42 ▸ requires uniformity of certain election processes and records; and
43 ▸ makes technical and conforming changes.
44 Money Appropriated in this Bill:
45 This bill appropriates in fiscal year 2024:
46 ▸ to the Governor's Office - Lt. Governor's Office, as an ongoing appropriation:
47 • from the General Fund, $860,000; and
48 ▸ to the Governor's Office - Lt. Governor's Office, as a one-time appropriation:
49 • from the General Fund, $730,000.
50 Other Special Clauses:
51 None
52 Utah Code Sections Affected:
53 AMENDS:
54 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64
56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117
57 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
58 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
59 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100
60 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380
61 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
62 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
63 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
64 20A-4-202, as last amended by Laws of Utah 2022, Chapter 156
65 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
66 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
67 20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
68 53-18-103, as last amended by Laws of Utah 2022, Chapter 367
69 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18
70 ENACTS:
71 20A-1-105, Utah Code Annotated 1953
72 20A-1-106, Utah Code Annotated 1953
73 20A-1-107, Utah Code Annotated 1953
74 20A-1-108, Utah Code Annotated 1953
75 20A-2-501, Utah Code Annotated 1953
76 20A-2-507, Utah Code Annotated 1953
77 20A-3a-106, Utah Code Annotated 1953
78 20A-3a-401.1, Utah Code Annotated 1953
79 20A-3a-402.5, Utah Code Annotated 1953
80 20A-4-109, Utah Code Annotated 1953
81 RENUMBERS AND AMENDS:
82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018,
83 Chapter 19)
84 20A-2-503, (Renumbered from 20A-2-304.5, as last amended by Laws of Utah 2012,
85 Chapter 52)
86 20A-2-504, (Renumbered from 20A-2-305, as last amended by Laws of Utah 2022,
87 Chapter 121)
88 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022,
89 Chapter 121)
90 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022,
91 Chapter 156)
92 REPEALS:
93 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1
94
95 Be it enacted by the Legislature of the state of Utah:
96 Section 1. Section 20A-1-102 is amended to read:
97 20A-1-102. Definitions.
98 As used in this title:
99 (1) "Active voter" means a registered voter who has not been classified as an inactive
100 voter by the county clerk.
101 (2) "Automatic tabulating equipment" means apparatus that automatically examines
102 and counts votes recorded on ballots and tabulates the results.
103 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
104 storage medium, that records an individual voter's vote.
105 (b) "Ballot" does not include a record to tally multiple votes.
106 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
107 on the ballot for their approval or rejection including:
108 (a) an opinion question specifically authorized by the Legislature;
109 (b) a constitutional amendment;
110 (c) an initiative;
111 (d) a referendum;
112 (e) a bond proposition;
113 (f) a judicial retention question;
114 (g) an incorporation of a city or town; or
115 (h) any other ballot question specifically authorized by the Legislature.
116 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
117 together using staples or another means in at least three places across the top of the paper in the
118 blank space reserved for securing the paper.
119 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
120 20A-4-306 to canvass election returns.
121 (7) "Bond election" means an election held for the purpose of approving or rejecting
122 the proposed issuance of bonds by a government entity.
123 (8) "Business reply mail envelope" means an envelope that may be mailed free of
124 charge by the sender.
125 (9) "Canvass" means the review of election returns and the official declaration of
126 election results by the board of canvassers.
127 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
128 the canvass.
129 (11) "Contracting election officer" means an election officer who enters into a contract
130 or interlocal agreement with a provider election officer.
131 (12) "Convention" means the political party convention at which party officers and
132 delegates are selected.
133 (13) "Counting center" means one or more locations selected by the election officer in
134 charge of the election for the automatic counting of ballots.
135 (14) "Counting judge" means a poll worker designated to count the ballots during
136 election day.
137 (15) "Counting room" means a suitable and convenient private place or room for use
138 by the poll workers and counting judges to count ballots.
139 (16) "County officers" means those county officers that are required by law to be
140 elected.
141 (17) "Date of the election" or "election day" or "day of the election":
142 (a) means the day that is specified in the calendar year as the day that the election
143 occurs; and
144 (b) does not include:
145 (i) deadlines established for voting by mail, military-overseas voting, or emergency
146 voting; or
147 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
148 Voting.
149 (18) "Elected official" means:
150 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
151 Municipal Alternate Voting Methods Pilot Project;
152 (b) a person who is considered to be elected to a municipal office in accordance with
153 Subsection 20A-1-206(1)(c)(ii); or
154 (c) a person who is considered to be elected to a local district office in accordance with
155 Subsection 20A-1-206(3)(b)(ii).
156 (19) "Election" means a regular general election, a municipal general election, a
157 statewide special election, a local special election, a regular primary election, a municipal
158 primary election, and a local district election.
159 (20) "Election Assistance Commission" means the commission established by the Help
160 America Vote Act of 2002, Pub. L. No. 107-252.
161 (21) "Election cycle" means the period beginning on the first day persons are eligible to
162 file declarations of candidacy and ending when the canvass is completed.
163 (22) "Election judge" means a poll worker that is assigned to:
164 (a) preside over other poll workers at a polling place;
165 (b) act as the presiding election judge; or
166 (c) serve as a canvassing judge, counting judge, or receiving judge.
167 (23) "Election officer" means:
168 (a) the lieutenant governor, for all statewide ballots and elections;
169 (b) the county clerk for:
170 (i) a county ballot and election; and
171 (ii) a ballot and election as a provider election officer as provided in Section
172 20A-5-400.1 or 20A-5-400.5;
173 (c) the municipal clerk for:
174 (i) a municipal ballot and election; and
175 (ii) a ballot and election as a provider election officer as provided in Section
176 20A-5-400.1 or 20A-5-400.5;
177 (d) the local district clerk or chief executive officer for:
178 (i) a local district ballot and election; and
179 (ii) a ballot and election as a provider election officer as provided in Section
180 20A-5-400.1 or 20A-5-400.5; or
181 (e) the business administrator or superintendent of a school district for:
182 (i) a school district ballot and election; and
183 (ii) a ballot and election as a provider election officer as provided in Section
184 20A-5-400.1 or 20A-5-400.5.
185 (24) "Election official" means any election officer, election judge, or poll worker.
186 (25) "Election results" means:
187 (a) for an election other than a bond election, the count of votes cast in the election and
188 the election returns requested by the board of canvassers; or
189 (b) for bond elections, the count of those votes cast for and against the bond
190 proposition plus any or all of the election returns that the board of canvassers may request.
191 (26) "Election returns" includes:
192 (a) the pollbook, the military and overseas absentee voter registration and voting
193 certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
194 ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
195 cast form; and
196 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
197 ballot.
198 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
199 or logically associated with a record and executed or adopted by a person with the intent to sign
200 the record.
201 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
202 clerk under Subsection [
203 (29) "Judicial office" means the office filled by any judicial officer.
204 (30) "Judicial officer" means any justice or judge of a court of record or any county
205 court judge.
206 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
207 Local Government Entities - Local Districts, and includes a special service district under Title
208 17D, Chapter 1, Special Service District Act.
209 (32) "Local district officers" means those local district board members that are required
210 by law to be elected.
211 (33) "Local election" means a regular county election, a regular municipal election, a
212 municipal primary election, a local special election, a local district election, and a bond
213 election.
214 (34) "Local political subdivision" means a county, a municipality, a local district, or a
215 local school district.
216 (35) "Local special election" means a special election called by the governing body of a
217 local political subdivision in which all registered voters of the local political subdivision may
218 vote.
219 (36) "Manual ballot" means a paper document produced by an election officer on
220 which an individual records an individual's vote by directly placing a mark on the paper
221 document using a pen or other marking instrument.
222 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
223 mechanical record, that:
224 (a) is created via electronic or mechanical means; and
225 (b) records an individual voter's vote cast via a method other than an individual directly
226 placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
227 (38) "Municipal executive" means:
228 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
229 (b) the mayor in the council-manager form of government defined in Subsection
230 10-3b-103(7); or
231 (c) the [
232 10-3b-102.
233 (39) "Municipal general election" means the election held in municipalities and, as
234 applicable, local districts on the first Tuesday after the first Monday in November of each
235 odd-numbered year for the purposes established in Section 20A-1-202.
236 (40) "Municipal legislative body" means:
237 (a) the council of the city or town in any form of municipal government; or
238 (b) the council of a metro township.
239 (41) "Municipal office" means an elective office in a municipality.
240 (42) "Municipal officers" means those municipal officers that are required by law to be
241 elected.
242 (43) "Municipal primary election" means an election held to nominate candidates for
243 municipal office.
244 (44) "Municipality" means a city, town, or metro township.
245 (45) "Official ballot" means the ballots distributed by the election officer for voters to
246 record their votes.
247 (46) "Official endorsement" means the information on the ballot that identifies:
248 (a) the ballot as an official ballot;
249 (b) the date of the election; and
250 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
251 facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
252 (ii) for a ballot prepared by a county clerk, the words required by Subsection
253 20A-6-301(1)(b)(iii).
254 (47) "Official register" means the official record furnished to election officials by the
255 election officer that contains the information required by Section 20A-5-401.
256 (48) "Political party" means an organization of registered voters that has qualified to
257 participate in an election by meeting the requirements of Chapter 8, Political Party Formation
258 and Procedures.
259 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
260 election, voting, or counting votes.
261 (b) "Poll worker" includes election judges.
262 (c) "Poll worker" does not include a watcher.
263 (50) "Pollbook" means a record of the names of voters in the order that they appear to
264 cast votes.
265 (51) "Polling place" means a building where voting is conducted.
266 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
267 in which the voter marks the voter's choice.
268 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
269 8, Presidential Primary Election.
270 (54) "Primary convention" means the political party conventions held during the year
271 of the regular general election.
272 (55) "Protective counter" means a separate counter, which cannot be reset, that:
273 (a) is built into a voting machine; and
274 (b) records the total number of movements of the operating lever.
275 (56) "Provider election officer" means an election officer who enters into a contract or
276 interlocal agreement with a contracting election officer to conduct an election for the
277 contracting election officer's local political subdivision in accordance with Section
278 20A-5-400.1.
279 (57) "Provisional ballot" means a ballot voted provisionally by a person:
280 (a) whose name is not listed on the official register at the polling place;
281 (b) whose legal right to vote is challenged as provided in this title; or
282 (c) whose identity was not sufficiently established by a poll worker.
283 (58) "Provisional ballot envelope" means an envelope printed in the form required by
284 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
285 verify a person's legal right to vote.
286 (59) (a) "Public figure" means an individual who, due to the individual being
287 considered for, holding, or having held a position of prominence in a public or private capacity,
288 or due to the individual's celebrity status, has an increased risk to the individual's safety.
289 (b) "Public figure" does not include an individual:
290 (i) elected to public office; or
291 (ii) appointed to fill a vacancy in an elected public office.
292 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
293 duties of the position for which the individual was elected.
294 (61) "Receiving judge" means the poll worker that checks the voter's name in the
295 official register at a polling place and provides the voter with a ballot.
296 (62) "Registration form" means a form by which an individual may register to vote
297 under this title.
298 (63) "Regular ballot" means a ballot that is not a provisional ballot.
299 (64) "Regular general election" means the election held throughout the state on the first
300 Tuesday after the first Monday in November of each even-numbered year for the purposes
301 established in Section 20A-1-201.
302 (65) "Regular primary election" means the election, held on the date specified in
303 Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
304 local school board positions to advance to the regular general election.
305 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
306 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
307 provided to a voter with a manual ballot:
308 (a) into which the voter places the manual ballot after the voter has voted the manual
309 ballot in order to preserve the secrecy of the voter's vote; and
310 (b) that includes the voter affidavit and a place for the voter's signature.
311 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
312 published as provided in Section 20A-5-405.
313 (69) "Special election" means an election held as authorized by Section 20A-1-203.
314 (70) "Spoiled ballot" means each ballot that:
315 (a) is spoiled by the voter;
316 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
317 (c) lacks the official endorsement.
318 (71) "Statewide special election" means a special election called by the governor or the
319 Legislature in which all registered voters in Utah may vote.
320 (72) "Tabulation system" means a device or system designed for the sole purpose of
321 tabulating votes cast by voters at an election.
322 (73) "Ticket" means a list of:
323 (a) political parties;
324 (b) candidates for an office; or
325 (c) ballot propositions.
326 (74) "Transfer case" means the sealed box used to transport voted ballots to the
327 counting center.
328 (75) "Vacancy" means the absence of a person to serve in any position created by
329 statute, whether that absence occurs because of death, disability, disqualification, resignation,
330 or other cause.
331 (76) "Valid voter identification" means:
332 (a) a form of identification that bears the name and photograph of the voter which may
333 include:
334 (i) a currently valid Utah driver license;
335 (ii) a currently valid identification card that is issued by:
336 (A) the state; or
337 (B) a branch, department, or agency of the United States;
338 (iii) a currently valid Utah permit to carry a concealed weapon;
339 (iv) a currently valid United States passport; or
340 (v) a currently valid United States military identification card;
341 (b) one of the following identification cards, whether or not the card includes a
342 photograph of the voter:
343 (i) a valid tribal identification card;
344 (ii) a Bureau of Indian Affairs card; or
345 (iii) a tribal treaty card; or
346 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
347 the name of the voter and provide evidence that the voter resides in the voting precinct, which
348 may include:
349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
350 election;
351 (ii) a bank or other financial account statement, or a legible copy thereof;
352 (iii) a certified birth certificate;
353 (iv) a valid social security card;
354 (v) a check issued by the state or the federal government or a legible copy thereof;
355 (vi) a paycheck from the voter's employer, or a legible copy thereof;
356 (vii) a currently valid Utah hunting or fishing license;
357 (viii) certified naturalization documentation;
358 (ix) a currently valid license issued by an authorized agency of the United States;
359 (x) a certified copy of court records showing the voter's adoption or name change;
360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
361 (xii) a currently valid identification card issued by:
362 (A) a local government within the state;
363 (B) an employer for an employee; or
364 (C) a college, university, technical school, or professional school located within the
365 state; or
366 (xiii) a current Utah vehicle registration.
367 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
368 candidate by following the procedures and requirements of this title.
369 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
370 (a) mailing the ballot to the location designated in the mailing; or
371 (b) depositing the ballot in a ballot drop box designated by the election officer.
372 (79) "Voter" means an individual who:
373 (a) meets the requirements for voting in an election;
374 (b) meets the requirements of election registration;
375 (c) is registered to vote; and
376 (d) is listed in the official register book.
377 (80) "Voter registration deadline" means the registration deadline provided in Section
378 20A-2-102.5.
379 (81) "Voting area" means the area within six feet of the voting booths, voting
380 machines, and ballot box.
381 (82) "Voting booth" means:
382 (a) the space or compartment within a polling place that is provided for the preparation
383 of ballots, including the voting enclosure or curtain; or
384 (b) a voting device that is free standing.
385 (83) "Voting device" means any device provided by an election officer for a voter to
386 vote a mechanical ballot.
387 (84) "Voting precinct" means the smallest geographical voting unit, established under
388 Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
389 (85) "Watcher" means an individual who complies with the requirements described in
390 Section 20A-3a-801 to become a watcher for an election.
391 (86) "Write-in ballot" means a ballot containing any write-in votes.
392 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
393 the ballot, in accordance with the procedures established in this title.
394 Section 2. Section 20A-1-105 is enacted to read:
395
396 20A-1-105. Chief election officer of the state -- Duties, authority, and
397 enforcement.
398 (1) The lieutenant governor:
399 (a) is the chief election officer of the state;
400 (b) is responsible to oversee, and generally supervise, all elections and functions
401 relating to elections in the state; and
402 (c) shall enforce compliance by election officers with all legal requirements relating to
403 elections, including:
404 (i) Public Law 103-31, the National Voter Registration Act of 1993;
405 (ii) Public Law 107-252, the Help America Vote Act of 2002;
406 (iii) all other applicable provisions of federal law and rule relating to elections;
407 (iv) state law relating to elections;
408 (v) the requirements of this title; and
409 (vi) rules made under this title.
410 (2) To the extent that the lieutenant governor determines the following is useful in
411 fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
412 (a) full access to closely observe, examine, and copy all records, documents,
413 recordings, and other information in the custody or control of an election officer or a board of
414 canvassers;
415 (b) full access to closely observe, examine, and copy all voter registration records,
416 ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
417 custody or control of an election officer or a board of canvassers;
418 (c) full access to closely observe and examine all facilities, storage areas, and
419 equipment, and to closely observe, examine, or copy all materials, in the custody or control of
420 an election officer or a board of canvassers;
421 (d) full access to all staff, including full-time, part-time, and volunteer staff of an
422 election officer or a board of canvassers;
423 (e) full access to closely observe, examine, and copy all records and information
424 relating to election audits that are conducted, directed, or commissioned by a county clerk;
425 (f) the right to attend any meeting, including a closed meeting, relating to a matter
426 within the scope of authority or responsibility of the lieutenant governor described in this
427 chapter or Subsection 67-1a-2(2); and
428 (g) the right to closely observe and examine any work or other process relating to a
429 matter within the scope of authority or responsibility of the lieutenant governor described in
430 this chapter or Subsection 67-1a-2(2).
431 (3) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
432 (a) fulfillment, by the lieutenant governor, of the responsibilities described in
433 Subsection (1); and
434 (b) obtaining the access and exercising the rights described in Subsection (2).
435 (4) If the lieutenant governor determines that an election officer is in violation of a law
436 or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the
437 violation and bring the election officer into compliance with the law or rule:
438 (a) shall consult with the election officer; and
439 (b) may provide training and other assistance to the election officer to the extent the
440 lieutenant governor determines warranted.
441 (5) If a violation continues after the lieutenant governor complies with Subsection
442 (4)(a), the lieutenant governor shall issue a written order to the election officer that:
443 (a) describes the violation;
444 (b) describes the action taken under Subsection (4) to remedy the violation and bring
445 the election officer into compliance with the law or rule;
446 (c) directs the election officer to remedy and cease the violation;
447 (d) describes the specific actions the election officer must take to comply with the
448 order;
449 (e) states the deadline for the election officer to comply with the order; and
450 (f) describes the actions the election officer must take to verify compliance with the
451 order.
452 (6) (a) An order described in Subsection (5) has the force of law.
453 (b) An election officer shall fully comply with an order described in Subsection (5)
454 unless the election officer obtains a court order rescinding or modifying the order in accordance
455 with Subsections (7) through (9).
456 (7) An election officer desiring to seek a court order described in Subsection (6) shall
457 file an action seeking a court order within 10 days after the day on which the lieutenant
458 governor issues the order described in Subsection (5).
459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and
460 only to the extent that:
461 (a) the order is arbitrary or capricious;
462 (b) the court finds that the violation alleged by the lieutenant governor did not occur; or
463 (c) the court determines that the violation alleged by the lieutenant governor is not a
464 violation of law or rule.
465 (9) An election officer who files an action described in Subsection (7) has the burden
466 of proof.
467 (10) This section does not prohibit the lieutenant governor from bringing a legal action,
468 at any time, to compel an election officer to comply with the law and rules described in
469 Subsection (1).
470 Section 3. Section 20A-1-106 is enacted to read:
471 20A-1-106. Duties of a clerk.
472 (1) As used in this section, "clerk" means an election officer other than the lieutenant
473 governor.
474 (2) A clerk shall:
475 (a) comply with all of the following in relation to elections:
476 (i) federal and state law;
477 (ii) federal and state rules; and
478 (iii) the policies and direction of the lieutenant governor; and
479 (b) diligently learn and become familiar with the law, rules, policies, and direction
480 described in Subsection (2)(a).
481 Section 4. Section 20A-1-107 is enacted to read:
482 20A-1-107. Elections training -- Training required -- Reimbursement.
483 (1) As used in this section, "election administrator" means:
484 (a) a county clerk; and
485 (b) if the county clerk employs one or more individuals who assist with elections:
486 (i) the most senior employee who assists with elections; or
487 (ii) if more than one employee qualifies as the most senior employee under Subsection
488 (1)(b)(i), one of those employees, as designated by the election officer.
489 (2) The lieutenant governor shall, in accordance with this section:
490 (a) design and provide training to election officers and government workers who
491 perform functions relating to elections; and
492 (b) provide the training described in this section without charge to the officers and
493 workers described in Subsection (2)(a).
494 (3) The training shall include:
495 (a) a course designed for election administrators:
496 (i) that may include multiple sessions;
497 (ii) that may require attendance on multiple occasions; and
498 (iii) for which the lieutenant governor may, notwithstanding Section 63G-22-103,
499 require live attendance; and
500 (b) a course designed for government workers, who perform functions relating to
501 elections, that consists of modules relating to individual election processes.
502 (4) (a) An election administrator who was elected, appointed, or hired before May 3,
503 2023, shall:
504 (i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
505 (ii) complete all sessions within four years after the election administrator takes the
506 first session.
507 (b) An election administrator who is elected, appointed, or hired on or after May 3,
508 2023, shall:
509 (i) begin the first session described in Subsection (3)(a) within one year after the day
510 on which the election administrator is elected, appointed, or hired; and
511 (ii) complete all sessions within four years after the election administrator takes the
512 first session.
513 (5) The lieutenant governor shall reimburse an election administrator who is required
514 under this section to attend the training described in Subsection (3)(a) per diem and travel
515 expenses for attending the training, in accordance with:
516 (a) Section 63A-3-106;
517 (b) Section 63A-3-107; and
518 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
519 63A-3-107.
520 (6) An individual may not perform an election process for which the lieutenant
521 governor has developed an online training module described in Subsection (3)(b), unless the
522 individual has completed the training module developed for that election process.
523 (7) The director of elections, within the Office of the Lieutenant Governor, may make
524 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
525 establishing requirements for:
526 (a) complying with the training requirements described in this section; and
527 (b) supplemental or refresher training that the lieutenant governor determines is needed
528 to ensure the integrity of elections in the state.
529 Section 5. Section 20A-1-108 is enacted to read:
530 20A-1-108. Audits -- Studies relating to elections.
531 (1) Except as provided in Subsection (2):
532 (a) the director of elections within the Office of the Lieutenant Governor shall make
533 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
534 establishing requirements and procedures for an audit described in this title; and
535 (b) an election officer shall ensure that, when an audit is conducted of work done
536 during ballot processing, the individual who performs the audit does not audit the individual's
537 own work.
538 (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
539 general or the lieutenant governor.
540 (3) The lieutenant governor shall keep the Government Operations Interim Committee
541 informed of advances in election technology that the committee may want to study for use in
542 Utah's elections.
543 (4) The lieutenant governor shall:
544 (a) study methods to improve post-election audits to confirm that the election correctly
545 identified the winning candidates, including evaluating:
546 (i) different risk-limiting audit methods; and
547 (ii) other confirmation methods; and
548 (b) at or before the last 2023 meeting of the Government Operations Interim
549 Committee, report to the committee on:
550 (i) the methods studied; and
551 (ii) recommendations for post-election audit requirements.
552 (5) The Driver License Division shall, in cooperation with the lieutenant governor:
553 (a) study:
554 (i) the options for improving the quality of signatures collected by the Driver License
555 Division that are used for signature verification in an election; and
556 (ii) the technology needs and costs associated with the options described in Subsection
557 (5)(a)(i); and
558 (b) at or before the last 2023 meeting of the Government Operations Interim
559 Committee, report to the committee on:
560 (i) the options, technology needs, and costs described in Subsection (5)(a); and
561 (ii) recommendations regarding the options described in Subsection (5)(a)(i).
562 Section 6. Section 20A-2-206 is amended to read:
563 20A-2-206. Electronic registration.
564 (1) The lieutenant governor shall create and maintain an electronic system that is
565 publicly available on the Internet for an individual to apply for voter registration or
566 preregistration.
567 (2) An electronic system for voter registration or preregistration shall require:
568 (a) that an applicant have a valid driver license or identification card, issued under Title
569 53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
570 of residence;
571 (b) that the applicant provide the information required by Section 20A-2-104, except
572 that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
573 and [
574 (c) that the applicant attest to the truth of the information provided; and
575 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
576 applicant's:
577 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
578 Uniform Driver License Act, for voter registration purposes; or
579 (ii) signature on file in the lieutenant governor's statewide voter registration database
580 developed under Section [
581 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
582 voter registration or preregistration created under this section is not required to complete a
583 printed registration form.
584 (4) A system created and maintained under this section shall provide the notices
585 concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
586 (5) The lieutenant governor shall:
587 (a) obtain a digital copy of the applicant's driver license or identification card signature
588 from the Driver License Division; or
589 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
590 statewide voter registration database developed under Section [
591 (6) The lieutenant governor shall send the information to the county clerk for the
592 county in which the applicant's principal place of residence is found for further action as
593 required by Section 20A-2-304 after:
594 (a) receiving all information from an applicant; and
595 (b) (i) receiving all information from the Driver License Division; or
596 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
597 statewide voter registration database developed under Section [
598 (7) The lieutenant governor may use additional security measures to ensure the
599 accuracy and integrity of an electronically submitted voter registration.
600 (8) If an individual applies to register under this section no later than 11 calendar days
601 before the date of an election, the county clerk shall:
602 (a) accept and process the voter registration form;
603 (b) unless the individual named in the form is preregistering to vote:
604 (i) enter the applicant's name on the list of registered voters for the voting precinct in
605 which the applicant resides; and
606 (ii) notify the individual that the individual is registered to vote in the upcoming
607 election; and
608 (c) if the individual named in the form is preregistering to vote, comply with Section
609 20A-2-101.1.
610 (9) If an individual applies to register under this section after the deadline described in
611 Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
612 (a) accept the application for registration; and
613 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
614 individual that the individual will not be registered to vote in the pending election, unless the
615 individual registers to vote by provisional ballot during the early voting period, if applicable, or
616 on election day, in accordance with Section 20A-2-207.
617 (10) The lieutenant governor shall provide a means by which a registered voter shall
618 sign the application form.
619 Section 7. Section 20A-2-300.6 is amended to read:
620
621 20A-2-300.6. Voter registration activities -- Coordination among local, state, and
622 federal officials.
623 [
624 governor shall:
625 [
626 [
627 [
628 [
629 [
630 (1) oversee, manage, and coordinate all voter registration activities in the state; and
631 [
632 state and federal election laws.
633 [
634
635
636 Section 8. Section 20A-2-501 is enacted to read:
637 20A-2-501. Definitions.
638 As used in this part:
639 (1) "Annual maintenance utility" means a tool within the system that:
640 (a) is designed to comply with Section 20A-2-305;
641 (b) a county clerk is required to run on an annual basis; and
642 (c) identifies each inactive voter and each voter to be removed from the voter
643 registration database.
644 (2) "Database" means the statewide voter registration database, described in Subsection
645 20A-2-502(1)(a) that:
646 (a) is maintained and updated via the system; and
647 (b) uses information relative to voter registration and voting, including information that
648 is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another
649 state.
650 (3) "Duplicate voter utility" means a tool within the system that runs a set of queries to
651 identify potential duplicate voter records.
652 (4) "System" means the statewide voter registration system described in Subsection
653 20A-2-502(1)(a), including the database and all information within the system or database.
654 (5) "Voter identification verification tool" means a tool within the system that
655 compares data in a voter registration record to Driver License Division data and Social Security
656 Administration data to verify voter identification.
657 Section 9. Section 20A-2-502, which is renumbered from Section 20A-2-109 is
658 renumbered and amended to read:
659 [
660 Maintenance and update of system -- Record security -- List of incarcerated felons --
661 Public document showing compliance by county clerks.
662 (1) [
663 (a) develop, manage, and maintain a statewide voter registration [
664 be used by county clerks to maintain an updated statewide voter registration database in
665 accordance with this section and rules made under Section 20A-2-507;
666 (b) except as provided in Subsection (2)(c), regularly update the system with
667 information relevant to voter registration, as follows:
668 (i) on at least a weekly basis, information received from the Driver License Division in
669 relation to:
670 (A) voter registration;
671 (B) a registered voter's change of address; or
672 (C) a registered voter's change of name;
673 (ii) on at least a weekly basis, the information described in Subsection 26-2-13(11)
674 from the state registrar, regarding deceased individuals;
675 (iii) on at least a monthly basis, the information described in Subsection (3), received
676 from the Department of Corrections regarding incarcerated individuals;
677 (iv) on at least a monthly basis, information received from other states, including
678 information received under an agreement described in Subsection (2); and
679 (v) within 31 days after receiving information relevant to voter registration, other than
680 the information described in Subsections (1)(b)(i) through (v);
681 (c) regularly monitor the system to ensure that each county clerk complies with the
682 requirements of this part and rules made under Section 20A-2-507;
683 [
684
685
686 [
687 measures for identifying a change described in Subsection [
688 accuracy of a voter registration record[
689 [
690 (i) use the matching criteria and security measures described in Subsection (1)(d) to
691 compare information in the database to identify duplicate data, contradictory data, and changes
692 in data;
693 (ii) notify the applicable county clerk of the data identified; and
694 (iii) notify the county clerk of the county in which [
695 residence is located of [
696 residence or name.
697 [
698
699 [
700
701 [
702 [
703 [
704 [
705 cooperate or enter into an agreement with a governmental entity or another state to share
706 information [
707 accuracy of the database.
708 [
709 shall ensure:
710 (i) that the record is only used to maintain the accuracy of [
711 database;
712 (ii) compliance with Section 63G-2-206; and
713 (iii) that the record is secure from unauthorized use by employing data encryption or
714 another similar technology security system.
715 (c) The lieutenant governor is not required to comply with an updating requirement
716 described in Subsection (1)(b) to the extent that the person responsible to provide the
717 information to the lieutenant governor fails to provide the information.
718 (3) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
719 Utah.
720 (b) [
721 with [
722 (i) the name and last-known address of each [
723 (A) was convicted of a felony in a Utah state court; and
724 (B) is currently incarcerated for commission of a felony[
725 [
726
727
728 [
729
730 incarceration.
731 [
732
733
734 (4) The lieutenant governor shall maintain on the lieutenant governor's website a
735 document that:
736 (a) describes the utilities and tools within the system that a county clerk is required to
737 run;
738 (b) describes the actions, if any, that a county clerk is required to take in relation to the
739 results of running a utility or tool;
740 (c) lists, by date, the recurring deadlines by which a county clerk must comply with
741 Subsection (4)(a) or (b); and
742 (d) indicates, by county:
743 (i) whether the county clerk timely complies with each deadline described in
744 Subsection (4)(c); and
745 (ii) if the county clerk fails to timely comply with a deadline described in Subsection
746 (4)(c), whether the county clerk subsequently complies with the deadline and the date on which
747 the county clerk complies.
748 Section 10. Section 20A-2-503, which is renumbered from Section 20A-2-304.5 is
749 renumbered and amended to read:
750 [
751 registration.
752 (1) (a) Each county clerk shall use the system to record or modify all voter registration
753 records.
754 (b) A county clerk shall:
755 (i) at the time the county clerk enters a voter registration record into the system, run the
756 system's voter identification verification tool in relation to the record; and
757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the
758 lieutenant governor the information described in Subsection 20A-2-502(4).
759 [
760 provided in Subsection [
761 principal place of residence or name may verify the change with the registered voter.
762 [
763 is incorrect, the county clerk shall:
764 (a) change the voter registration record to show the registered voter's current name and
765 address; and
766 (b) notify the registered voter of the change to the voter registration record.
767 (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
768 (a) on at least a monthly basis, run the duplicate voter utility and take the action
769 required to resolve potential duplicate data identified by the utility; and
770 (b) every December, run the annual maintenance utility.
771 [
772 date of any regular general election and ending on the day after the date of the next regular
773 general election, and the county clerk has not sent the voter a notice described in Section
774 [
775 on which the county clerk runs the annual maintenance utility, send to the voter a preaddressed
776 return form in substantially the following form:
777
778 To ensure the address on your voter registration is correct, please complete and return
779 this form if your address has changed. What is your current street address?
780 ____________________________________________________________________________
781 Street City County State ZIP
782 ___________________________
783 Signature of Voter
784 (b) The county clerk shall mail the form described in Subsection [
785 postal service that will notify the county clerk if the voter has changed the voter's address.
786 Section 11. Section 20A-2-504, which is renumbered from Section 20A-2-305 is
787 renumbered and amended to read:
788 [
789 General requirements.
790 (1) The county clerk may not remove a voter's name from the official register solely
791 because the voter has failed to vote in an election.
792 (2) The county clerk shall remove a voter's name from the official register if:
793 (a) the voter dies and the requirements of Subsection (3) are met;
794 (b) the county clerk, after complying with the requirements of Section [
795 20A-2-505, receives written confirmation from the voter that the voter no longer resides within
796 the county clerk's county;
797 (c) [
798 (i) [
799 (ii) [
800 [
801 (iii) the county clerk:
802 (A) [
803 (B) [
804 (iv) the voter [
805 period beginning on the date of the notice described in Section [
806 ending on the day after the date of the second regular general election occurring after the date
807 of the notice;
808 (d) the voter requests, in writing, that the voter's name be removed from the official
809 register;
810 (e) the county clerk receives notice that a voter has been convicted of any felony or a
811 misdemeanor for an offense under this title and the voter's right to vote has not been restored as
812 provided in Section 20A-2-101.3 or 20A-2-101.5; or
813 (f) the county clerk receives notice that a voter has registered to vote in another state
814 after the day on which the voter registered to vote in this state.
815 (3) The county clerk shall remove a voter's name from the official register within five
816 business days after the day on which the county clerk receives confirmation from the
817 [
818 (4) No later than 90 days before each primary and general election, the county clerk
819 shall update the official register by reviewing the official register and taking the actions
820 permitted or required by law under this section, Section [
821 [
822 Section 12. Section 20A-2-505, which is renumbered from Section 20A-2-306 is
823 renumbered and amended to read:
824 [
825 Determining and confirming change of residence.
826 (1) A county clerk may not remove a voter's name from the official register on the
827 grounds that the voter has changed residence unless the voter:
828 (a) confirms in writing that the voter has changed residence to a place outside the
829 county; or
830 (b) (i) [
831 date of the notice [
832 date of the second regular general election occurring after the date of the notice; and
833 (ii) [
834 (3).
835 (2) (a) [
836 information that a voter's address has changed, [
837 within the same county, the county clerk shall:
838 (i) change the official register to show the voter's new address; and
839 (ii) send to the voter, by forwardable mail, the notice [
840 Subsection (3) [
841 (b) When a county clerk obtains information that a voter's address has changed and it
842 appears that the voter now resides in a different county, the county clerk shall verify the
843 changed residence by sending to the voter, by forwardable mail, the notice [
844 described in Subsection (3), printed on a postage prepaid, preaddressed return form.
845 (3) (a) Each county clerk shall use substantially the following form to notify voters
846 whose addresses have changed:
847
848 We have been notified that your residence has changed. Please read, complete, and
849 return this form so that we can update our voter registration records. What is your current
850 street address?
851 ___________________________________________________________________________
852 Street City County State Zip
853 What is your current phone number (optional)?________________________________
854 What is your current email address (optional)?_________________________________
855 If you have not changed your residence, or have moved but stayed within the same
856 county, you must complete and return this form to the county clerk so that it is received by the
857 county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
858 return this form within that time:
859 - you may be required to show evidence of your address to the poll worker before being
860 allowed to vote in either of the next two regular general elections; or
861 - if you fail to vote at least once, from the date this notice was mailed until the passing
862 of two regular general elections, you will no longer be registered to vote. If you have changed
863 your residence and have moved to a different county in Utah, you may register to vote by
864 contacting the county clerk in your county.
865 ________________________________________
866 Signature of Voter
867
868 Voter registration records contain some information that is available to the public, such
869 as your name and address, some information that is available only to government entities, and
870 some information that is available only to certain third parties in accordance with the
871 requirements of law.
872 Your driver license number, identification card number, social security number, email
873 address, full date of birth, and phone number are available only to government entities. Your
874 year of birth is available to political parties, candidates for public office, certain third parties,
875 and their contractors, employees, and volunteers, in accordance with the requirements of law.
876 You may request that all information on your voter registration records be withheld
877 from all persons other than government entities, political parties, candidates for public office,
878 and their contractors, employees, and volunteers, by indicating here:
879 _____ Yes, I request that all information on my voter registration records be withheld
880 from all persons other than government entities, political parties, candidates for public office,
881 and their contractors, employees, and volunteers.
882
883 In addition to the protections provided above, you may request that all information on
884 your voter registration records be withheld from all political parties, candidates for public
885 office, and their contractors, employees, and volunteers, by submitting a withholding request
886 form, and any required verification, as described in the following paragraphs.
887 A person may request that all information on the person's voter registration records be
888 withheld from all political parties, candidates for public office, and their contractors,
889 employees, and volunteers, by submitting a withholding request form with this registration
890 record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
891 resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
892 A person may request that all information on the person's voter registration records be
893 withheld from all political parties, candidates for public office, and their contractors,
894 employees, and volunteers, by submitting a withholding request form and any required
895 verification with this registration form, or to the lieutenant governor or a county clerk, if the
896 person is, or resides with a person who is, a law enforcement officer, a member of the armed
897 forces, a public figure, or protected by a protective order or a protection order."
898 (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
899 section in substantially the following form:
900 ------------------------------------------------------------------------------------------------------------------
901
902 If you have provided a phone number or email address, you can receive notifications by
903 text message or email regarding the status of a ballot that is mailed to you or a ballot that you
904 deposit in the mail or in a ballot drop box, by indicating here:
905 ______ Yes, I would like to receive electronic notifications regarding the status of my
906 ballot.
907 ------------------------------------------------------------------------------------------------------------------
908 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
909 names of any voters from the official register during the 90 days before a regular primary
910 election [
911 (b) The county clerk may remove the names of voters from the official register during
912 the 90 days before a regular primary election [
913 election if:
914 (i) the voter requests, in writing, that the voter's name be removed; or
915 (ii) the voter [
916 (c) (i) After a county clerk mails a notice [
917 clerk [
918 (ii) If a county clerk receives a returned voter identification card, determines that there
919 was no clerical error causing the card to be returned, and has no further information to contact
920 the voter, the county clerk [
921 inactive.
922 (iii) An inactive voter [
923 privileges of a registered voter.
924 (iv) A county is not required to:
925 (A) send routine mailings to an inactive voter [
926 (B) count inactive voters when dividing precincts and preparing supplies.
927 (5) [
928 available to a county clerk United States Social Security Administration data received by the
929 lieutenant governor regarding deceased individuals.
930 (6) A county clerk shall, within ten business days after the day on which the county
931 clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
932 relating to a decedent whose name appears on the official register, remove the decedent's name
933 from the official register.
934 (7) Ninety days before each primary and general election the lieutenant governor shall
935 compare the information the lieutenant governor has received under Subsection 26-2-13(11)
936 with the official register of voters to ensure that all deceased voters have been removed from
937 the official register.
938 Section 13. Section 20A-2-506, which is renumbered from Section 20A-2-308 is
939 renumbered and amended to read:
940 [
941 preserve records.
942 (1) As used in this section:
943 (a) "Voter registration record" means a record concerning the implementation of
944 programs and activities conducted for the purpose of ensuring that the official register is
945 accurate and current.
946 (b) "Voter registration record" does not include a record that:
947 (i) relates to a person's decision to decline to register to vote; or
948 (ii) identifies the particular public assistance agency, discretionary voter registration
949 agency, or Driver License Division through which a particular voter registered to vote.
950 (2) The lieutenant governor and each county clerk shall:
951 (a) preserve for at least two years all records relating to voter registration, including:
952 (i) the official register; and
953 (ii) [
954 whom the notice required by Section [
955
956 (b) make a voter registration record available for public inspection, except for a voter
957 registration record, or part of a voter registration record that is classified as private under
958 Section 63G-2-302; and
959 (c) allow a record or part of a record described in Subsection (2)(b) that is not
960 classified as a private record to be photocopied for a reasonable cost.
961 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
962 the official register made at the following times:
963 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
964 (b) the day of the election; and
965 (c) the last day of the canvass.
966 Section 14. Section 20A-2-507 is enacted to read:
967 20A-2-507. Rulemaking authority relating to voter registration records.
968 The director of elections within the Office of the Lieutenant Governor shall make rules,
969 in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
970 (1) to regulate the use, security, maintenance, data entry, and update of the system;
971 (2) establishing duties and deadlines for a county clerk to:
972 (a) ensure that the database is updated, accurate, and secure; and
973 (b) regularly report to the lieutenant governor the information described in Subsection
974 20A-2-502(4); and
975 (3) establishing requirements for a county clerk in relation to:
976 (a) running the utilities and tools in the system;
977 (b) actions that the county clerk is required to take in response to the matters identified,
978 or the results produced, from running the utilities and tools; and
979 (c) documenting and reporting compliance with the requirements of this part and rules
980 made under this section.
981 Section 15. Section 20A-3a-106 is enacted to read:
982 20A-3a-106. Rulemaking authority relating to conducting an election.
983 The director of elections, within the Office of the Lieutenant Governor, may make
984 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
985 establishing requirements for:
986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and
987 security of the envelopes;
988 (2) complying with the signature comparison audit requirements described in Section
989 20A-3a-402.5; or
990 (3) conducting and documenting the identity verification process described in
991 Subsection 20A-3a-401(7)(b).
992 Section 16. Section 20A-3a-202 is amended to read:
993 20A-3a-202. Conducting election by mail.
994 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
995 Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
996 accordance with this section.
997 (b) An individual who did not provide valid voter identification at the time the voter
998 registered to vote shall provide valid voter identification before voting.
999 (2) An election officer who administers an election:
1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
1001 and no later than seven days before election day, mail to each active voter within a voting
1002 precinct:
1003 (i) a manual ballot;
1004 (ii) a return envelope;
1005 (iii) instructions for returning the ballot that include an express notice about any
1006 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
1007 (iv) for an election administered by a county clerk, information regarding the location
1008 and hours of operation of any election day voting center at which the voter may vote or a
1009 website address where the voter may view this information;
1010 (v) for an election administered by an election officer other than a county clerk, if the
1011 election officer does not operate a polling place or an election day voting center, a warning, on
1012 a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
1013 instructions included with the ballot, the voter will be unable to vote in that election because
1014 there will be no polling place for the voting precinct on the day of the election; and
1015 (vi) [
1016 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
1017 (b) may not mail a ballot under this section to:
1018 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1019 (ii) a voter whom the election officer is prohibited from sending a ballot under
1020 Subsection [
1021 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
1022 include instructions for returning the ballot if the individual to whom the election officer mails
1023 the ballot does not live at the address to which the ballot is sent[
1024 (d) shall provide a method of accessible voting to a voter with a disability who is not
1025 able to vote by mail; and
1026 (e) shall include, on the election officer's website and with each ballot mailed,
1027 instructions regarding how a voter described in Subsection (2)(d) may vote.
1028 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1029 the manual ballot to the address:
1030 (i) provided at the time of registration; or
1031 (ii) if, at or after the time of registration, the voter files an alternate address request
1032 form described in Subsection (3)(b), the alternate address indicated on the form.
1033 (b) The lieutenant governor shall make available to voters an alternate address request
1034 form that permits a voter to request that the election officer mail the voter's ballot to a location
1035 other than the voter's residence.
1036 (c) A voter shall provide the completed alternate address request form to the election
1037 officer no later than 11 days before the day of the election.
1038 (4) The return envelope shall include:
1039 (a) the name, official title, and post office address of the election officer on the front of
1040 the envelope;
1041 (b) a space where a voter may write an email address and phone number by which the
1042 election officer may contact the voter if the voter's ballot is rejected;
1043 (c) a printed affidavit in substantially the following form:
1044 "County of ____State of ____
1045 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1046 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1047 currently incarcerated for commission of a felony.
1048 ______________________________
1049 Signature of Voter"; and
1050 (d) a warning that the affidavit must be signed by the individual to whom the ballot
1051 was sent and that the ballot will not be counted if the signature on the affidavit does not match
1052 the signature on file with the election officer of the individual to whom the ballot was sent.
1053 (5) If the election officer determines that the voter is required to show valid voter
1054 identification, the election officer may:
1055 (a) mail a ballot to the voter;
1056 (b) instruct the voter to include a copy of the voter's valid voter identification with the
1057 return ballot; and
1058 (c) provide instructions to the voter on how the voter may sign up to receive electronic
1059 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
1060 (6) An election officer who administers an election shall:
1061 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
1062 election; or
1063 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1064 and
1065 (b) maintain the signatures on file in the election officer's office.
1066 (7) Upon receipt of a returned ballot, the election officer shall review and process the
1067 ballot under Section 20A-3a-401.
1068 (8) A county that administers an election:
1069 (a) shall provide at least one election day voting center in accordance with [
1070
1071 additional election day voting center for every 5,000 active voters in the county who have
1072 requested to not receive a ballot by mail;
1073 (b) shall ensure that each election day voting center operated by the county has at least
1074 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1075 Pub. L. No. 107-252, for individuals with disabilities;
1076 (c) may reduce the early voting period described in Section 20A-3a-601, if:
1077 (i) the county clerk conducts early voting on at least four days;
1078 (ii) the early voting days are within the period beginning on the date that is 14 days
1079 before the date of the election and ending on the day before the election; and
1080 (iii) the county clerk provides notice of the reduced early voting period in accordance
1081 with Section 20A-3a-604; and
1082 (d) is not required to pay return postage for a ballot[
1083 [
1084 [
1085 [
1086
1087 [
1088
1089
1090 [
1091
1092 [
1093 a ballot by mail in the next and subsequent elections by submitting a written request to the
1094 election officer.
1095 (b) An individual shall submit the request described in Subsection [
1096 the election officer before 5 p.m. no later than 60 days before an election if the individual does
1097 not wish to receive a ballot by mail in that election.
1098 (c) An election officer who receives a request from an individual under Subsection
1099 [
1100 (i) shall remove the individual's name from the list of voters who will receive a ballot
1101 by mail; and
1102 (ii) may not send the individual a ballot by mail for:
1103 (A) the next election, if the individual submits the request described in Subsection
1104 [
1105 (B) an election after the election described in Subsection [
1106 (d) An individual who submits a request under Subsection [
1107 the individual's receipt of a ballot by mail by submitting a written request to the election
1108 officer.
1109 Section 17. Section 20A-3a-401 is amended to read:
1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
1111 Disposition -- Notice.
1112 (1) This section governs ballots returned by mail or via a ballot drop box.
1113 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
1114 the custody of the poll workers in accordance with [
1115 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
1116 the return envelope to the signature of the voter in the voter registration records.
1117 (3) After complying with Subsection (2), the poll workers shall determine whether:
1118 (a) the signatures correspond;
1119 (b) the affidavit is sufficient;
1120 (c) the voter is registered to vote in the correct precinct;
1121 (d) the voter's right to vote the ballot has been challenged;
1122 (e) the voter has already voted in the election;
1123 (f) the voter is required to provide valid voter identification; and
1124 (g) if the voter is required to provide valid voter identification, whether the voter has
1125 provided valid voter identification.
1126 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
1127 workers determine [
1128 [
1129 (i) in accordance with the rules made under Subsection (9):
1130 (A) that the signature on the affidavit of the return envelope is reasonably consistent
1131 with the individual's signature in the voter registration records; or
1132 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
1133 individual's identity is verified by alternative means;
1134 (ii) that the affidavit is sufficient;
1135 (iii) that the voter is registered to vote in the correct precinct;
1136 (iv) that the voter's right to vote the ballot has not been challenged;
1137 (v) that the voter has not already voted in the election; and
1138 (vi) for a voter required to provide valid voter identification, that the voter has
1139 provided valid voter identification.
1140 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
1141 workers shall:
1142 (i) remove the manual ballot from the return envelope in a manner that does not
1143 destroy the affidavit on the return envelope;
1144 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
1145 with the return envelope; and
1146 (iii) place the ballot with the other ballots to be counted.
1147 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
1148 the poll workers shall:
1149 (i) disallow the vote;
1150 (ii) without opening the return envelope, [
1151 record the ballot as "rejected" and state the reason for the rejection; and
1152 [
1153 [
1154 (iii) place the return envelope, unopened, with the other rejected return envelopes.
1155 (5) (a) If the poll workers reject an individual's ballot because the poll workers
1156 determine, in accordance with rules made under Subsection (9), that the signature on the return
1157 envelope [
1158 voter registration records, the election officer shall:
1159 (i) contact the individual in accordance with Subsection [
1160
1161 (ii) inform the individual:
1162 [
1163 [
1164 [
1165 to the election officer a correctly completed affidavit, provided by the county clerk, that meets
1166 the requirements described in Subsection [
1167 (b) The election officer shall ensure that the information provided under Subsection
1168 (5)(a) includes:
1169 (i) when communicating by mail, a printed copy of the affidavit described in
1170 Subsection (5)(c) and a courtesy reply envelope;
1171 (ii) when communicating electronically, a link to a copy of the affidavit described in
1172 Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
1173 (iii) when communicating by phone, either during a direct conversation with the voter
1174 or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in
1175 Subsection (5)(c), either in person from the clerk's office, by mail, or electronically.
1176 [
1177 (i) an attestation that the individual voted the ballot;
1178 (ii) a space for the individual to enter the individual's name, date of birth, and driver
1179 license number or the last four digits of the individual's social security number;
1180 (iii) a space for the individual to sign the affidavit; [
1181 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
1182 governor's and county clerk's use of the individual's signature on the affidavit for voter
1183 identification purposes[
1184 (v) a check box accompanied by language in substantially the following form:
1185 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
1186 impacts my ability to sign my name consistently. I can provide appropriate documentation upon
1187 request. To discuss accommodations, I can be contacted at __________________".
1188 [
1189 individual's ballot counted, the individual shall deliver the affidavit described in Subsection
1190 [
1191 [
1192 (5)(d) shall immediately:
1193 (i) scan the signature on the affidavit electronically and keep the signature on file in the
1194 statewide voter registration database developed under Section [
1195 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
1196 the day on which the canvass begins, count the individual's ballot[
1197 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
1198 rules described in Subsection (9)(c).
1199 [
1200
1201
1202
1203 [
1204
1205 [
1206 [
1207
1208 [
1209
1210 [
1211
1212 [
1213
1214 (6) (a) The election officer shall, within two business days after the day on which an
1215 individual's ballot is rejected, notify the individual of the rejection and the reason for the
1216 rejection, by phone, mail, email, or SMS text message, unless:
1217 (i) the ballot is cured within one business day after the day on which the ballot is
1218 rejected; or
1219 (ii) the ballot is rejected because the ballot is received late or for another reason that
1220 cannot be cured.
1221 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
1222 the election officer shall notify the individual of the rejection and the reason for the rejection by
1223 phone, mail, email, or SMS text message, within the later of:
1224 (i) 30 days after the day of the rejection; or
1225 (ii) 30 days after the day of the election.
1226 (c) The election officer may, when notifying an individual by phone under this
1227 Subsection (6), use auto-dial technology.
1228 [
1229 election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days
1230 before the day on which the canvass begins, the election officer:
1231 [
1232
1233
1234 [
1235
1236
1237 (a) receives a signed affidavit from the individual under Subsection (5); or
1238 (b) (i) contacts the individual;
1239 (ii) if the election officer has reason to believe that an individual, other than the voter
1240 to whom the ballot was sent, signed the ballot affidavit, informs the individual that it is
1241 unlawful to sign a ballot affidavit for another person, even if the person gives permission;
1242 (iii) verifies the identity of the individual by:
1243 (A) requiring the individual to provide at least two types of personal identifying
1244 information for the individual;
1245 (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
1246 relating to the individual that are in the possession or control of an election officer; and
1247 (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
1248 (A) the name and voter identification number of the individual contacted;
1249 (B) the name of the individual who conducts the verification;
1250 (C) the date and manner of the communication;
1251 (D) the type of personal identifying information provided by the individual;
1252 (E) a description of the records against which the personal identifying information
1253 provided by the individual is compared and verified; and
1254 (F) other information required by the lieutenant governor.
1255 [
1256 (a) retain and preserve the return envelopes in the manner provided by law for the
1257 retention and preservation of ballots voted at that election[
1258 (b) retain and preserve the documentation described in Subsection (7)(b)(iv); and
1259 (c) if the election officer complies with Subsection (8)(b) by including the
1260 documentation in the voter's voter registration record, make, retain, and preserve a record of the
1261 name and voter identification number of each voter contacted under Subsection (7)(b).
1262 (9) The director of elections within the Office of the Lieutenant Governor shall make
1263 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1264 establish:
1265 (a) criteria and processes for use by poll workers in determining if a signature is
1266 reasonably consistent with the signature on file for the voter under Subsections (3)(a) and
1267 (4)(a)(i)(A);
1268 (b) training and certification requirements for election officers and employees of
1269 election officers regarding the criteria and processes described in Subsection (9)(a); and
1270 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
1271 U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
1272 individual who checks the box described in Subsection (5)(c)(v).
1273 Section 18. Section 20A-3a-401.1 is enacted to read:
1274 20A-3a-401.1. Ballot chain of custody.
1275 (1) As used in this section:
1276 (a) "Batch" means a grouping of a specified number of ballots:
1277 (i) that is assembled by poll workers, and given a number to distinguish the grouping
1278 from other groupings, when the ballots are first received for processing;
1279 (ii) that is kept together in the same grouping, and kept separate from other groupings,
1280 throughout ballot processing; and
1281 (iii) for which a log is kept to document the chain of custody of the grouping.
1282 (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
1283 return envelope that a poll worker has not separated from a ballot, as follows:
1284 (i) starting with receiving the ballot;
1285 (ii) each step taken in relation to a ballot as part of conducting an election; and
1286 (iii) ending after the ballots are counted and stored.
1287 (2) An election officer shall preserve the chain of custody of all ballots in accordance
1288 with this section.
1289 (3) An election officer shall maintain an accurate, updated count of the number of
1290 ballots that the election officer:
1291 (a) mails or otherwise provides to a voter;
1292 (b) receives from a voter;
1293 (c) counts;
1294 (d) rejects;
1295 (e) resolves after rejecting; or
1296 (f) does not resolve after rejecting.
1297 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll
1298 workers immediately count the number of ballots received and divide the ballots into batches.
1299 (5) The election officer shall ensure that:
1300 (a) ballots in each batch are kept separate from the ballots in other batches;
1301 (b) a ballot is not separated from a batch, except as necessary to the election process;
1302 (c) if a ballot is separated from a batch, the batch log indicates:
1303 (i) the ballot number;
1304 (ii) the date and time of removal;
1305 (iii) the identity of the individual who removes the ballot; and
1306 (iv) the reason the ballot is removed;
1307 (d) poll workers shall keep for each batch a log that includes:
1308 (i) a unique identifying code or number for the batch;
1309 (ii) the number of ballots in the batch;
1310 (iii) the date that the ballots were received; and
1311 (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
1312 (A) the date and time that the ballots are handled;
1313 (B) a description of what is done with the ballots;
1314 (C) the identity of the poll workers who handle the ballots; and
1315 (D) any other information required by rule under Subsection (7);
1316 (e) an election official who performs a ballot processing function performs the function
1317 in the presence of at least one other election official;
1318 (f) to the extent reasonably possible, the poll workers who perform a ballot processing
1319 function for a batch complete performing that function for the entire batch; and
1320 (g) each part of the processing of all ballots is monitored by recorded video, without
1321 audio.
1322 (6) An election officer shall:
1323 (a) keep the recordings described in Subsection (5)(g) until the later of:
1324 (i) the end of the calendar year in which the election was held; or
1325 (ii) if the election is contested, when the contest is resolved; and
1326 (b) ensure that a camera, a video, or a recording of a video described in Subsection
1327 (5)(g) may only be accessed:
1328 (i) by the election officer;
1329 (ii) by a custodian of the camera, video, or recording;
1330 (iii) by the lieutenant governor;
1331 (iv) by the legislative auditor general, when performing an audit; or
1332 (v) by, or pursuant to an order of, a court of competent jurisdiction.
1333 (7) An individual may not view a video, or a recording of a video, described in
1334 Subsection (5)(g):
1335 (a) unless the individual is an individual described in Subsection (6)(b); and
1336 (b) the individual views the video to the extent necessary to:
1337 (i) ensure compliance with Subsection (5)(g) or (6); or
1338 (ii) investigate a concern relating to the processing of ballots.
1339 (8) The director of elections within the Office of the Lieutenant Governor may make
1340 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1341 establishing specific requirements and procedures for an election officer or poll worker to:
1342 (a) fulfill the chain of custody requirements described in this section;
1343 (b) perform the signature verification audits described in Section 20A-3a-402.5; and
1344 (c) comply with the reconciliation requirements described in Subsection
1345 20A-4-304(2)(h).
1346 Section 19. Section 20A-3a-401.5 is amended to read:
1347 20A-3a-401.5. Ballot tracking system.
1348 (1) As used in this section:
1349 (a) "Ballot tracking system" means the system described in this section to track and
1350 confirm the status of trackable ballots.
1351 (b) "Change in the status" includes:
1352 (i) when a trackable ballot is mailed to a voter;
1353 (ii) when an election official receives a voted trackable ballot; and
1354 (iii) when a voted trackable ballot is counted.
1355 (c) "Trackable ballot" means a manual ballot that is:
1356 (i) mailed to a voter in accordance with Section 20A-3a-202;
1357 (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
1358 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
1359 (d) "Voter registration database" means the [
1360
1361 (2) [
1362 locally based system to track and confirm when there is a change in the status of a trackable
1363 ballot.
1364 [
1365 (3) [
1366 regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
1367 is a change in the status of the voter's trackable ballot:
1368 (a) send a text message notification to the voter if the voter's information in the voter
1369 registration database includes a mobile telephone number;
1370 (b) send an email notification to the voter if the voter's information in the voter
1371 registration database includes an email address; and
1372 (c) send a notification by another electronic means directed by the lieutenant governor.
1373 (4) The lieutenant governor shall ensure that the ballot tracking system and the
1374 state-provided website described in Section 20A-7-801 automatically share appropriate
1375 information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
1376 the state-provided website free of charge.
1377 (5) The ballot tracking system shall include a toll-free telephone number or other
1378 offline method by which a voter can confirm the status of the voter's trackable ballot.
1379 (6) The lieutenant governor shall ensure that the ballot tracking system:
1380 (a) is secure from unauthorized use by employing data encryption or other security
1381 measures; and
1382 (b) is only used for the purposes described in this section.
1383 Section 20. Section 20A-3a-402.5 is enacted to read:
1384 20A-3a-402.5. Signature verification audits.
1385 (1) An election officer shall, in accordance with this section and rules made under
1386 Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
1387 on envelopes and voter signatures maintained by the election officer.
1388 (2) An individual who conducts an audit of signature comparisons may not audit the
1389 individual's own work.
1390 (3) Before separating ballots from return envelopes, the election officer shall:
1391 (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
1392 the accuracy of the comparisons made; and
1393 (b) provide additional training or staff reassignments, as needed, based on the results of
1394 the audit.
1395 (4) An election officer shall submit to the lieutenant governor and the board of
1396 canvassers a record of:
1397 (a) the audits performed under this section;
1398 (b) the results of the audits; and
1399 (c) any remedial action taken.
1400 Section 21. Section 20A-3a-405 is amended to read:
1401 20A-3a-405. Ballot statistics.
1402 (1) [
1403 update the data described in Subsection (2) on the election officer's website, on the following
1404 days, after the election officer finishes processing ballots on that day:
1405 (a) the day on which the election officer begins mailing ballots;
1406 (b) [
1407
1408 the final posting described in Subsection (1)(c); and
1409 (c) the [
1410 (2) The data that an election officer is required to post under Subsection (1) includes:
1411 (a) the number of ballots in the county clerk's possession; and
1412 (b) of the number of ballots described in Subsection (2)(a):
1413 (i) the number of ballots that have not yet begun processing;
1414 (ii) the number of ballots in process; and
1415 (iii) the number of ballots processed.
1416 (3) Except as provided in Subsection (5)(b), an election officer shall post and update
1417 the data described in Subsection (4) on the election officer's website on the following days:
1418 (a) the Friday after the day of the election;
1419 (b) [
1420 Friday after the day described in Subsection (3)(a), until the final posting described in
1421 Subsection (3)(c); and
1422 (c) on the last day of the canvass.
1423 (4) The data that an election officer is required to post under Subsection (3) includes:
1424 (a) a best estimate of the number of ballots received, to date, by the election officer;
1425 (b) the number of ballots in possession of the election officer that have been rejected
1426 and are not yet cured;
1427 (c) the number of provisional ballots in the possession of the election officer that have
1428 not been processed;
1429 (d) the number of ballots that need to be adjudicated, but have not yet been
1430 adjudicated;
1431 (e) the number of ballots awaiting replication; and
1432 (f) the number of ballots that have been replicated.
1433 (5) (a) [
1434 is not required to update the data described in Subsection (2) on a Monday if the election
1435 officer does not process any ballots the preceding Saturday or Sunday.
1436 (b) An election officer is not required to update the data described in Subsection (4) on
1437 a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
1438 Section 22. Section 20A-4-102 is amended to read:
1439 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
1440 polling place on day of election after polls close.
1441 (1) (a) This section governs counting manual ballots on the day of an election, if:
1442 (i) the ballots are cast at a polling place; and
1443 (ii) the ballots are counted at the polling place after the polls close.
1444 (b) Except as provided in Subsection (2) or a rule made under Subsection
1445 20A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
1446 the election judges shall count the ballots by performing the tasks specified in this section in
1447 the order that they are specified.
1448 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
1449 apply the standards and requirements of:
1450 (i) to the extent applicable, Section 20A-4-105; and
1451 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
1452 Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).
1453 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
1454 (b) (i) If there are more ballots in the ballot box than there are names entered in the
1455 pollbook, the judges shall examine the official endorsements on the ballots.
1456 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
1457 official endorsement, the judges shall put those ballots in an excess ballot file and not count
1458 them.
1459 (c) (i) If, after examining the official endorsements, there are still more ballots in the
1460 ballot box than there are names entered in the pollbook, the judges shall place the remaining
1461 ballots back in the ballot box.
1462 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
1463 excess from the ballot box.
1464 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
1465 count them.
1466 (d) When the ballots in the ballot box equal the number of names entered in the
1467 pollbook, the judges shall count the votes.
1468 (3) The judges shall:
1469 (a) place all unused ballots in the envelope or container provided for return to the
1470 county clerk or city recorder; and
1471 (b) seal that envelope or container.
1472 (4) The judges shall:
1473 (a) place all of the provisional ballot envelopes in the envelope provided for them for
1474 return to the election officer; and
1475 (b) seal that envelope or container.
1476 (5) (a) In counting the votes, the election judges shall read and count each ballot
1477 separately.
1478 (b) In regular primary elections the judges shall:
1479 (i) count the number of ballots cast for each party;
1480 (ii) place the ballots cast for each party in separate piles; and
1481 (iii) count all the ballots for one party before beginning to count the ballots cast for
1482 other parties.
1483 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
1484 Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
1485 20A-4-101(2)(f)(i):
1486 (i) count one vote for each candidate designated by the marks in the squares next to the
1487 candidate's name;
1488 (ii) count each vote for each write-in candidate who has qualified by filing a
1489 declaration of candidacy under Section 20A-9-601;
1490 (iii) read every name marked on the ballot and mark every name upon the tally sheets
1491 before another ballot is counted;
1492 (iv) evaluate each ballot and each vote based on the standards and requirements of
1493 Section 20A-4-105;
1494 (v) write the word "spoiled" on the back of each ballot that lacks the official
1495 endorsement and deposit it in the spoiled ballot envelope; and
1496 (vi) read, count, and record upon the tally sheets the votes that each candidate and
1497 ballot proposition received from all ballots, except excess or spoiled ballots.
1498 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
1499 persons clearly not eligible to qualify for office.
1500 (c) The judges shall certify to the accuracy and completeness of the tally list in the
1501 space provided on the tally list.
1502 (d) When the judges have counted all of the voted ballots, they shall record the results
1503 on the total votes cast form.
1504 (7) [
1505 a watcher may be present at the place where counting is conducted until the count is completed.
1506 (b) The lieutenant governor may be present at the place where counting is conducted,
1507 regardless of whether the count is completed.
1508 Section 23. Section 20A-4-104 is amended to read:
1509 20A-4-104. Counting ballots electronically.
1510 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
1511 election officer shall test the automatic tabulating equipment to ensure that it will accurately
1512 count the votes cast for all offices and all measures.
1513 (b) The election officer shall provide public notice of the time and place of the test:
1514 (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
1515 circulation in the county, municipality, or jurisdiction where the equipment is used;
1516 (B) at least 10 days before the day of the test, by posting one notice, and at least one
1517 additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
1518 within the county, municipality, or jurisdiction that are most likely to give notice to the voters
1519 in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
1520 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
1521 in the county, municipality, or jurisdiction where the equipment is used;
1522 (ii) by posting notice on the Utah Public Notice Website, created in Section
1523 63A-16-601, for four weeks before the day of the test; and
1524 (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
1525 website for four weeks before the day of the test.
1526 (c) The election officer shall conduct the test by processing a preaudited group of
1527 ballots.
1528 (d) The election officer shall ensure that:
1529 (i) a predetermined number of valid votes for each candidate and measure are recorded
1530 on the ballots;
1531 (ii) for each office, one or more ballots have votes in excess of the number allowed by
1532 law in order to test the ability of the automatic tabulating equipment to reject those votes; and
1533 (iii) a different number of valid votes are assigned to each candidate for an office, and
1534 for and against each measure.
1535 (e) If any error is detected, the election officer shall determine the cause of the error
1536 and correct it.
1537 (f) The election officer shall ensure that:
1538 (i) the automatic tabulating equipment produces an errorless count before beginning
1539 the actual counting; and
1540 (ii) [
1541
1542 passes a post election audit conducted in accordance with the rules described in Subsection
1543 20A-1-108(1).
1544 (2) (a) The election officer or the election officer's designee shall supervise and direct
1545 all proceedings at the counting center.
1546 (b) (i) Proceedings at the counting center are public and may be observed by interested
1547 persons.
1548 (ii) Only those persons authorized to participate in the count may touch any ballot or
1549 return.
1550 (c) The election officer shall deputize and administer an oath or affirmation to all
1551 persons who are engaged in processing and counting the ballots that they will faithfully
1552 perform their assigned duties.
1553 (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
1554 automatic tabulating equipment, the election officer shall ensure that two counting judges
1555 jointly:
1556 (i) make a true replication of the ballot with an identifying serial number;
1557 (ii) substitute the replicated ballot for the damaged or defective ballot;
1558 (iii) label the replicated ballot "replicated"; and
1559 (iv) record the replicated ballot's serial number on the damaged or defective ballot.
1560 (b) The lieutenant governor shall provide to each election officer a standard form on
1561 which the election officer shall maintain a log of all replicated ballots, that includes, for each
1562 ballot:
1563 (i) the serial number described in Subsection (3)(a);
1564 (ii) the identification of the individuals who replicated the ballot;
1565 (iii) the reason for the replication; and
1566 (iv) any other information required by the lieutenant governor.
1567 (c) An election officer shall:
1568 (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
1569 ballots are replicated;
1570 (ii) at the end of each day during which one or more ballots are replicated, make an
1571 electronic copy of the log; and
1572 (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
1573 (4) The election officer may:
1574 (a) conduct an unofficial count before conducting the official count in order to provide
1575 early unofficial returns to the public;
1576 (b) release unofficial returns from time to time after the polls close; and
1577 (c) report the progress of the count for each candidate during the actual counting of
1578 ballots.
1579 (5) Beginning on the day after the date of the election, if an election officer releases
1580 early unofficial returns or reports the progress of the count for each candidate under Subsection
1581 (4), the election officer shall, with each release or report, disclose an estimate of the total
1582 number of voted ballots in the election officer's custody that have not yet been counted.
1583 (6) The election officer shall review and evaluate the provisional ballot envelopes and
1584 prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
1585 (7) (a) The election officer or the election officer's designee shall:
1586 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
1587 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
1588 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
1589 more votes for an office than that voter is entitled to vote for that office, the poll workers shall
1590 count the valid write-in vote as being the obvious intent of the voter.
1591 (8) (a) The election officer shall certify the return printed by the automatic tabulating
1592 equipment, to which have been added write-in and absentee votes, as the official return of each
1593 voting precinct.
1594 (b) Upon completion of the count, the election officer shall make official returns open
1595 to the public.
1596 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
1597 tabulating equipment, the election officer may direct that they be counted manually according
1598 to the procedures and requirements of this part.
1599 (10) After the count is completed, the election officer shall seal and retain the
1600 programs, test materials, and ballots as provided in Section 20A-4-202.
1601 Section 24. Section 20A-4-106 is amended to read:
1602 20A-4-106. Manual ballots -- Sealing.
1603 (1) After the official canvas of an election, the election officer shall store all election
1604 returns in containers that identify the containers' contents.
1605 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
1606 by anyone, except as follows:
1607 (a) when examined during a recount conducted under the authority of Section
1608 20A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1609 Project[
1610 (b) the lieutenant governor may examine the ballots:
1611 (i) until the later of:
1612 (A) the end of the calendar year in which the election was held; or
1613 (B) if the election is contested, when the contest is resolved; or
1614 (ii) at any time via a subpoena or other legal process.
1615 Section 25. Section 20A-4-109 is enacted to read:
1616 20A-4-109. Ballot reconciliation -- Rulemaking authority.
1617 (1) In accordance with this section and rules made under Subsection (2), an election
1618 officer whose office processes ballots shall:
1619 (a) conduct ballot reconciliations every time ballots are tabulated;
1620 (b) conduct a final ballot reconciliation when an election officer concludes processing
1621 all ballots;
1622 (c) document each ballot reconciliation;
1623 (d) publicly release the results of each ballot reconciliation; and
1624 (e) in conducting ballot reconciliations:
1625 (i) ensure that the number of ballots received for processing, the number of ballots
1626 processed, and the number of voters given credit for voting, are equal; or
1627 (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
1628 explain the differences in the numbers.
1629 (2) The director of elections within the Office of the Lieutenant Governor may make
1630 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1631 establishing procedures and requirements for conducting, documenting, and publishing a ballot
1632 reconciliation.
1633 Section 26. Section 20A-4-202 is amended to read:
1634 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
1635 provisional ballots cast.
1636 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
1637 (a) ensure that the poll workers have provided all of the ballots and election returns;
1638 (b) inspect the ballots and election returns to ensure that they are sealed;
1639 (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
1640 secure place;
1641 (d) for mechanical ballots:
1642 (i) count the ballots; and
1643 (ii) deposit and lock the ballots and election returns in a safe and secure place; and
1644 (e) for bond elections, provide a copy of the election results to the board of canvassers
1645 of the local political subdivision that called the bond election.
1646 (2) Each election officer shall:
1647 (a) before 5 p.m. on the day after the date of the election, determine the number of
1648 provisional ballots cast within the election officer's jurisdiction and make that number available
1649 to the public;
1650 (b) preserve ballots for 22 months after the election or until the time has expired during
1651 which the ballots could be used in an election contest;
1652 (c) preserve all other official election returns for at least 22 months after an election;
1653 and
1654 (d) after that time, destroy them without opening or examining them.
1655 (3) (a) The election officer shall package and retain all tabulating cards and other
1656 materials used in the programming of the automatic tabulating equipment.
1657 (b) The election officer:
1658 (i) may access these tabulating cards and other materials;
1659 (ii) may make copies of these materials and make changes to the copies;
1660 (iii) may not alter or make changes to the materials themselves; and
1661 (iv) within 22 months after the election in which they were used, may dispose of those
1662 materials or retain them.
1663 (4) (a) If an election contest is begun within 12 months, the election officer shall,
1664 except as provided in Subsection (4)(c):
1665 (i) keep the ballots and election returns unopened and unaltered until the contest is
1666 complete; or
1667 (ii) surrender the ballots and election returns to the custody of the court having
1668 jurisdiction of the contest when ordered or subpoenaed to do so by that court.
1669 (b) [
1670 from an election are complete, the election officer shall either:
1671 (i) retain the ballots and election returns until the time for preserving them under this
1672 section has run; or
1673 (ii) destroy the ballots and election returns remaining in the election officer's custody
1674 without opening or examining them if the time for preserving them under this section has run.
1675 (c) The lieutenant governor may examine the ballots and election returns described in
1676 this Subsection (4).
1677 (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
1678 (i) may make and keep copies of ballots or election returns as part of a legislative audit;
1679 and
1680 (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
1681 identifies a ballot with the voter who casts the ballot.
1682 (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
1683 under Title 63G, Chapter 2, Government Records Access and Management Act.
1684 Section 27. Section 20A-4-304 is amended to read:
1685 20A-4-304. Declaration of results -- Canvassers' report.
1686 (1) Each board of canvassers shall:
1687 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
1688 declare "elected" or "nominated" those persons who:
1689 (i) had the highest number of votes; and
1690 (ii) sought election or nomination to an office completely within the board's
1691 jurisdiction;
1692 (b) declare:
1693 (i) "approved" those ballot propositions that:
1694 (A) had more "yes" votes than "no" votes; and
1695 (B) were submitted only to the voters within the board's jurisdiction; or
1696 (ii) "rejected" those ballot propositions that:
1697 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1698 votes; and
1699 (B) were submitted only to the voters within the board's jurisdiction;
1700 (c) certify the vote totals for persons and for and against ballot propositions that were
1701 submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1702 the lieutenant governor; and
1703 (d) if applicable, certify the results of each local district election to the local district
1704 clerk.
1705 (2) [
1706
1707 that includes the following information:
1708 (a) the total number of votes cast in the board's jurisdiction;
1709 (b) the names of each candidate whose name appeared on the ballot;
1710 (c) the title of each ballot proposition that appeared on the ballot;
1711 (d) each office that appeared on the ballot;
1712 (e) from each voting precinct:
1713 (i) the number of votes for each candidate;
1714 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
1715 Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
1716 potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
1717 phase; and
1718 (iii) the number of votes for and against each ballot proposition;
1719 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
1720 and against each ballot proposition;
1721 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
1722 (i) the number of ballots counted;
1723 (ii) provisional ballots; and
1724 (iii) the number of ballots [
1725 (h) a final ballot reconciliation report;
1726 (i) other information required by law to be provided to the board of canvassers; and
1727 [
1728 (3) The election officer and the board of canvassers shall:
1729 (a) review the report to ensure that [
1730 (b) sign the report.
1731 (4) The election officer shall:
1732 (a) record or file the certified report in a book kept for that purpose;
1733 (b) prepare and transmit a certificate of nomination or election under the officer's seal
1734 to each nominated or elected candidate;
1735 (c) publish a copy of the certified report in accordance with Subsection (5); and
1736 (d) file a copy of the certified report with the lieutenant governor.
1737 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
1738 days after the day on which the board of canvassers declares the election results, publicize the
1739 certified report described in Subsection (2):
1740 (a) (i) by publishing notice at least once in a newspaper of general circulation within
1741 the jurisdiction;
1742 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1743 jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
1744 of the jurisdiction, subject to a maximum of 10 notices; or
1745 (iii) by mailing notice to each residence within the jurisdiction;
1746 (b) by posting notice on the Utah Public Notice Website, created in Section
1747 63A-16-601, for one week; and
1748 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1749 one week.
1750 (6) Instead of including a copy of the entire certified report, a notice required under
1751 Subsection (5) may contain a statement that:
1752 (a) includes the following: "The Board of Canvassers for [indicate name of
1753 jurisdiction] has prepared a report of the election results for the [indicate type and date of
1754 election]."; and
1755 (b) specifies the following sources where an individual may view or obtain a copy of
1756 the entire certified report:
1757 (i) if the jurisdiction has a website, the jurisdiction's website;
1758 (ii) the physical address for the jurisdiction; and
1759 (iii) a mailing address and telephone number.
1760 (7) When there has been a regular general or a statewide special election for statewide
1761 officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1762 or more county ballot proposition, each board of canvassers shall:
1763 (a) prepare a separate report detailing the number of votes for each candidate and the
1764 number of votes for and against each ballot proposition; and
1765 (b) transmit the separate report by registered mail to the lieutenant governor.
1766 (8) In each county election, municipal election, school election, local district election,
1767 and local special election, the election officer shall transmit the reports to the lieutenant
1768 governor within 14 days after the date of the election.
1769 (9) In a regular primary election and in a presidential primary election, the board shall
1770 transmit to the lieutenant governor:
1771 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1772 governor not later than the second Tuesday after the election; and
1773 (b) a complete tabulation showing voting totals for all primary races, precinct by
1774 precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1775 primary election.
1776 Section 28. Section 20A-5-101 is amended to read:
1777 20A-5-101. Notice of election.
1778 (1) On or before November 15 in the year before each regular general election year, the
1779 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
1780 (a) designates the offices to be filled at the next year's regular general election;
1781 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
1782 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
1783 and 20A-9-408 for those offices; and
1784 (c) contains a description of any ballot propositions to be decided by the voters that
1785 have qualified for the ballot as of that date.
1786 (2) (a) No later than seven business days after the day on which the lieutenant governor
1787 transmits the written notice described in Subsection (1), each county clerk shall provide notice,
1788 in accordance with Subsection (3):
1789 (i) by posting notice in a conspicuous place most likely to give notice of the election to
1790 the voters in each voting precinct within the county;
1791 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
1792 (B) by posting one notice, and at least one additional notice per 2,000 population of the
1793 county, in places within the county that are most likely to give notice of the election to the
1794 voters in the county, subject to a maximum of 10 notices; or
1795 (C) by mailing notice to each registered voter in the county;
1796 (iii) by posting notice on the Utah Public Notice Website, created in Section
1797 63A-16-601, for seven days before the day of the election; and
1798 (iv) by posting notice on the county's website for seven days before the day of the
1799 election.
1800 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
1801 showing a copy of the notice and the places where the notice was posted.
1802 (3) The notice described in Subsection (2) shall:
1803 (a) designate the offices to be voted on in that election; and
1804 (b) identify the dates for filing a declaration of candidacy for those offices.
1805 (4) Except as provided in Subsection (6), before each election, the election officer shall
1806 give printed notice of the following information:
1807 (a) the date of election;
1808 (b) the hours during which the polls will be open;
1809 (c) the polling places for each voting precinct, early voting polling place, and election
1810 day voting center;
1811 (d) the address of the Statewide Electronic Voter Information Website and, if available,
1812 the address of the election officer's website, with a statement indicating that the election officer
1813 will post on the website any changes to the location of a polling place and the location of any
1814 additional polling place;
1815 (e) a phone number that a voter may call to obtain information regarding the location of
1816 a polling place; [
1817 (f) the qualifications for persons to vote in the election[
1818 (g) instructions regarding how an individual with a disability, who is not able to vote a
1819 manual ballot by mail, may obtain information on voting in an accessible manner.
1820 (5) The election officer shall provide the notice described in Subsection (4):
1821 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
1822 to which the election pertains, at least two days before the day of the election;
1823 (ii) at least two days before the day of the election, by posting one notice, and at least
1824 one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
1825 that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
1826 maximum of 10 notices; or
1827 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
1828 which the election pertains at least five days before the day of the election;
1829 (b) by posting notice on the Utah Public Notice Website, created in Section
1830 63A-16-601, for two days before the day of the election; and
1831 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1832 two days before the day of the election.
1833 (6) Instead of including the information described in Subsection (4) in the notice, the
1834 election officer may give printed notice that:
1835 (a) is entitled "Notice of Election";
1836 (b) includes the following: "A [indicate election type] will be held in [indicate the
1837 jurisdiction] on [indicate date of election]. Information relating to the election, including
1838 polling places, polling place hours, and qualifications of voters may be obtained from the
1839 following sources:"; and
1840 (c) specifies the following sources where an individual may view or obtain the
1841 information described in Subsection (4):
1842 (i) if the jurisdiction has a website, the jurisdiction's website;
1843 (ii) the physical address of the jurisdiction offices; and
1844 (iii) a mailing address and telephone number.
1845 Section 29. Section 20A-5-403.5 is amended to read:
1846 20A-5-403.5. Ballot drop boxes.
1847 (1) (a) An election officer:
1848 [
1849 reservation located in the jurisdiction to which the election relates;
1850 [
1851 jurisdiction;
1852 [
1853 election officer's jurisdiction;
1854 [
1855 unattended ballot drop box; [
1856 [
1857 ballot drop box is under 24-hour video surveillance[
1858 (vi) shall ensure that a camera, a video, or a recording of a video described in
1859 Subsection (1)(a)(iv) may only be accessed:
1860 (A) by the election officer;
1861 (B) by a custodian of the camera, video, or recording;
1862 (C) by the lieutenant governor;
1863 (D) by the legislative auditor general, when performing an audit; or
1864 (E) by, or pursuant to an order of, a court of competent jurisdiction.
1865 (b) An individual may not view a video, or a recording of a video, described in
1866 Subsection (1)(a)(iv), unless the individual:
1867 (i) is an individual described in Subsection (1)(a)(vi); and
1868 (ii) views the video to the extent necessary to:
1869 (A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
1870 (B) investigate a concern relating to ballots or the ballot box.
1871 (c) The election officer, or the custodian of the recording, shall keep a recording
1872 described in Subsection (1)(a)(iv) until the later of:
1873 (i) the end of the calendar year in which the election was held; or
1874 (ii) if the election is contested, when the contest is resolved.
1875 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
1876 shall, at least 19 days before the date of the election, provide notice of the location of each
1877 ballot drop box designated under Subsection (1):
1878 (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
1879 the jurisdiction holding the election;
1880 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1881 jurisdiction holding the election, in places within the jurisdiction that are most likely to give
1882 notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
1883 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
1884 (b) by posting notice on the Utah Public Notice Website, created in Section
1885 63A-16-601, for 19 days before the day of the election; and
1886 (c) by posting notice on the jurisdiction's website for 19 days before the day of the
1887 election.
1888 (3) Instead of including the location of ballot drop boxes, a notice required under
1889 Subsection (2) may specify the following sources where a voter may view or obtain a copy of
1890 all ballot drop box locations:
1891 (a) the jurisdiction's website;
1892 (b) the physical address of the jurisdiction's offices; and
1893 (c) a mailing address and telephone number.
1894 (4) The election officer shall include in the notice described in Subsection (2):
1895 (a) the address of the Statewide Electronic Voter Information Website and, if available,
1896 the address of the election officer's website, with a statement indicating that the election officer
1897 will post on the website the location of each ballot drop box, including any changes to the
1898 location of a ballot drop box and the location of additional ballot drop boxes; and
1899 (b) a phone number that a voter may call to obtain information regarding the location
1900 of a ballot drop box.
1901 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
1902 deadline described in Subsection (2):
1903 (i) if necessary, change the location of a ballot drop box; or
1904 (ii) if the election officer determines that the number of ballot drop boxes is
1905 insufficient due to the number of registered voters who are voting, designate additional ballot
1906 drop boxes.
1907 (b) Except as provided in Section 20A-1-308, if an election officer changes the
1908 location of a ballot box or designates an additional ballot drop box location, the election officer
1909 shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
1910 the additional ballot drop box location:
1911 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
1912 (ii) by posting the information on the website of the election officer, if available; and
1913 (iii) by posting notice:
1914 (A) for a change in the location of a ballot drop box, at the new location and, if
1915 possible, the old location; and
1916 (B) for an additional ballot drop box location, at the additional ballot drop box
1917 location.
1918 (6) An election officer may, at any time, authorize two or more poll workers to remove
1919 a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
1920 (7) (a) At least two poll workers must be present when a poll worker collects ballots
1921 from a ballot drop box and delivers the ballots to the location where the ballots will be opened
1922 and counted.
1923 (b) An election officer shall ensure that the chain of custody of ballots placed in a
1924 ballot box are recorded and tracked from the time the ballots are removed from the ballot box
1925 until the ballots are delivered to the location where the ballots will be opened and counted.
1926 Section 30. Section 53-18-103 is amended to read:
1927 53-18-103. Internet posting of personal information of public safety employees --
1928 Prohibitions.
1929 (1) (a) A state or local governmental agency that receives the form described in
1930 Subsection (1)(b) from a public safety employee may not publicly post on the Internet the
1931 personal information of the public safety employee employed by the state or local
1932 governmental agency.
1933 (b) Each state or local government agency employing a public safety employee shall:
1934 (i) provide a form for a public safety employee to request the removal or concealment
1935 of the public safety employee's personal information from the state or local government
1936 agencies' publicly accessible websites and databases;
1937 (ii) inform the public safety employee how to submit a form under this section;
1938 (iii) upon request, assist a public safety employee in completing the form;
1939 (iv) include on the form a disclaimer informing the public safety employee that by
1940 submitting a completed form the public safety employee may not receive official
1941 announcements affecting the public safety employee's property, including notices about
1942 proposed annexations, incorporation, or zoning modifications; and
1943 (v) require a form submitted by a public safety employee to be signed by:
1944 (A) for a public safety employee who is a law enforcement officer, the highest ranking
1945 elected or appointed official in the officer's chain of command certifying that the individual
1946 requesting removal or concealment is a law enforcement officer; or
1947 (B) for a public safety employee who is not a law enforcement officer, the public safety
1948 employee's supervisor.
1949 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a
1950 public safety employee, completed and submitted under this section, shall:
1951 (a) classify the public safety employee's voter registration record in the [
1952
1953 as defined in Section 20A-2-501, as a private record; and
1954 (b) classify the public safety employee's marriage licenses and marriage license
1955 applications, if any, as private records.
1956 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
1957 described in Subsection (1)(b) from a public safety employee, completed and submitted under
1958 this section, shall:
1959 (a) provide a method for the assessment roll and index and the tax roll and index that
1960 will block public access to the public safety employee's personal information; and
1961 (b) provide to the public safety employee who submits the form a written disclaimer
1962 informing the public safety employee that the public safety employee may not receive official
1963 announcements affecting the public safety employee's property, including notices about
1964 proposed annexations, incorporations, or zoning modifications.
1965 (4) A form submitted under this section remains in effect for the shorter of:
1966 (a) four years from the date on which the form was signed by the public safety
1967 employee, regardless of whether the public safety employee's qualifying employment is
1968 terminated during the four years; or
1969 (b) one year after official notice of the public safety employee's death is transmitted by
1970 the public safety employee's immediate family or the public safety employee's employing
1971 agency to all state and local government agencies that are reasonably expected to have records
1972 containing personal information of the deceased public safety employee.
1973 (5) Notwithstanding Subsection (4), the public safety employee, or the public safety
1974 employee's immediate family if the public safety employee is deceased, may rescind the form at
1975 any time.
1976 (6) (a) An individual may not, with intent to frighten or harass a public safety
1977 employee, publicly post on the Internet the personal information of a public safety employee
1978 knowing the public safety employee is a public safety employee.
1979 (b) Except as provided in Subsection (6)(c), a violation of Subsection (6)(a) is a class B
1980 misdemeanor.
1981 (c) A violation of Subsection (6)(a) that results in bodily injury to the public safety
1982 employee, or a member of the public safety employee's immediate family, is a class A
1983 misdemeanor.
1984 (d) (i) Each act against a separate individual in violation of Subsection (6)(a) is a
1985 separate offense.
1986 (ii) A defendant may also be charged separately with the commission of any other
1987 criminal conduct related to the commission of an offense under Subsection (6)(a).
1988 (7) (a) A business or association may not publicly post or publicly display on the
1989 Internet the personal information of a public safety employee if the public safety employee has,
1990 either directly or through an agent designated under Subsection (7)(c), provided to that business
1991 or association a written demand to not disclose the public safety employee's personal
1992 information.
1993 (b) A written demand made under Subsection (7)(a) by a public safety employee is
1994 effective for four years beginning on the day the demand is delivered, regardless of whether the
1995 public safety employee's employment as a public safety employee has terminated during the
1996 four years.
1997 (c) A public safety employee may designate in writing the public safety employee's
1998 employer or, for a public safety employee who is a law enforcement officer, a representative of
1999 a voluntary professional association of law enforcement officers to act on behalf of the officer
2000 and as the officer's agent to make a written demand under this chapter.
2001 (d) (i) A business or association that receives a written demand from a public safety
2002 employee under Subsection (7)(a) shall remove the public safety employee's personal
2003 information from public display on the Internet, including the removal of information provided
2004 to cellular telephone applications, within 24 hours of the delivery of the written demand, and
2005 shall ensure that the information is not posted again on the same Internet website or any other
2006 Internet website over which the recipient of the written demand maintains or exercises control.
2007 (ii) After receiving the public safety employee's written demand, the person, business,
2008 or association may not publicly post or publicly display on the Internet, the personal
2009 information of the public safety employee.
2010 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
2011 Section 54-2-1, or the telephone corporation's affiliate or other voice service provider,
2012 including providers of interconnected voice over Internet protocol service as defined in 47
2013 C.F.R. 9.3, from transferring the public safety employee's personal information to any person,
2014 business, or association, if the transfer is authorized by federal or state law, regulation, order,
2015 terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt
2016 owed by the public safety employee to the telephone corporation or its affiliate.
2017 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
2018 service provider, including providers of interconnected voice over Internet protocol service,
2019 with respect to directories or directories listings to the extent the entity offers a nonpublished
2020 listing option.
2021 (8) (a) A public safety employee whose personal information is made public as a result
2022 of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a
2023 court of competent jurisdiction.
2024 (b) If a court finds that a violation has occurred, the court may grant injunctive or
2025 declarative relief and shall award the public safety employee court costs and reasonable
2026 attorney fees.
2027 (c) If the defendant fails to comply with an order of the court issued under Subsection
2028 (8)(b), the court may impose a civil penalty of not more than $1,000 for the defendant's failure
2029 to comply with the court's order.
2030 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
2031 the personal information of a public safety employee, if:
2032 (i) the dissemination of the personal information poses an imminent and serious threat
2033 to the public safety employee's safety or the safety of the public safety employee's immediate
2034 family; and
2035 (ii) the person making the information available on the Internet knows or reasonably
2036 should know of the imminent and serious threat.
2037 (b) (i) A public safety employee whose personal information is knowingly publicly
2038 posted or publicly displayed on the Internet may bring an action in a court of competent
2039 jurisdiction.
2040 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
2041 (9)(a), the jury or court shall award damages to the public safety employee in the amount of
2042 triple the cost of actual damages or $4,000, whichever is greater.
2043 (10) An interactive computer service or access software is not liable under Subsections
2044 (7)(d)(i) and (9) for information or content provided by another information content provider.
2045 (11) Unless a state or local government agency receives a completed form directly from
2046 a public safety employee in accordance with Subsection (1), a state or local government official
2047 who makes information available for public inspection in accordance with state law is not in
2048 violation of this chapter.
2049 Section 31. Section 67-1a-2 is amended to read:
2050 67-1a-2. Duties enumerated.
2051 (1) The lieutenant governor shall:
2052 (a) perform duties delegated by the governor, including assignments to serve in any of
2053 the following capacities:
2054 (i) as the head of any one department, if so qualified, with the advice and consent of
2055 the Senate, and, upon appointment at the pleasure of the governor and without additional
2056 compensation;
2057 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
2058 law for the purpose of advising the governor or coordinating intergovernmental or
2059 interdepartmental policies or programs;
2060 (iii) as liaison between the governor and the state Legislature to coordinate and
2061 facilitate the governor's programs and budget requests;
2062 (iv) as liaison between the governor and other officials of local, state, federal, and
2063 international governments or any other political entities to coordinate, facilitate, and protect the
2064 interests of the state;
2065 (v) as personal advisor to the governor, including advice on policies, programs,
2066 administrative and personnel matters, and fiscal or budgetary matters; and
2067 (vi) as chairperson or member of any temporary or permanent boards, councils,
2068 commissions, committees, task forces, or other group appointed by the governor;
2069 (b) serve on all boards and commissions in lieu of the governor, whenever so
2070 designated by the governor;
2071 (c) serve as the chief election officer of the state as required by Subsection (2);
2072 (d) keep custody of the Great Seal of the State of Utah;
2073 (e) keep a register of, and attest, the official acts of the governor;
2074 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
2075 which the official signature of the governor is required; and
2076 (g) furnish a certified copy of all or any part of any law, record, or other instrument
2077 filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
2078 it and pays the fee.
2079 (2) (a) As the chief election officer, the lieutenant governor shall:
2080 (i) exercise oversight, and general supervisory authority, over all elections;
2081 (ii) exercise direct authority over the conduct of elections for federal, state, and
2082 multicounty officers and statewide or multicounty ballot propositions and any recounts
2083 involving those races;
2084 (iii) [
2085 (iv) (A) prepare election information for the public as required by [
2086 determined appropriate by the lieutenant governor; and
2087 (B) make the information [
2088 public and to news media, on the Internet, and in other forms as required by [
2089 and as determined appropriate by the lieutenant governor;
2090 (v) receive and answer election questions and maintain an election file on opinions
2091 received from the attorney general;
2092 (vi) maintain a current list of registered political parties as defined in Section
2093 20A-8-101;
2094 (vii) maintain election returns and statistics;
2095 (viii) certify to the governor the names of [
2096
2097 (ix) ensure that all voting equipment purchased by the state complies with the
2098 requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
2099 (x) during a declared emergency, to the extent that the lieutenant governor determines
2100 it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
2101 relating to:
2102 (A) voting on election day;
2103 (B) early voting;
2104 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
2105 (D) the counting of an absentee ballot or military-overseas ballot; or
2106 (E) the canvassing of election returns; and
2107 (xi) exercise all other election authority, and perform other election duties, as provided
2108 in Title 20A, Election Code.
2109 (b) As chief election officer, the lieutenant governor:
2110 (i) shall oversee all elections, and functions relating to elections, in the state;
2111 (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
2112 an election officer with legal requirements relating to elections; and
2113 (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
2114 town clerks, or other local election officials by Title 20A, Election Code.
2115 (3) (a) The lieutenant governor shall:
2116 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
2117 incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
2118 municipality's population using the population estimate from the Utah Population Committee;
2119 and
2120 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
2121 based on the municipality's population; and
2122 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2123 municipality's legislative body.
2124 (b) The lieutenant governor shall:
2125 (i) determine the classification under Section 10-2-301 of a consolidated municipality
2126 upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
2127 Consolidation of Municipalities, using population information from:
2128 (A) each official census or census estimate of the United States Bureau of the Census;
2129 or
2130 (B) the population estimate from the Utah Population Committee, if the population of a
2131 municipality is not available from the United States Bureau of the Census; and
2132 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
2133 belongs based on the municipality's population; and
2134 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2135 consolidated municipality's legislative body.
2136 (c) The lieutenant governor shall:
2137 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
2138 metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
2139 Townships and Unincorporated Islands in a County of the First Class on and after May 12,
2140 2015, based on the metro township's population using the population estimates from the Utah
2141 Population Committee; and
2142 (ii) prepare a certificate indicating the class in which the new metro township belongs
2143 based on the metro township's population and, within 10 days after preparing the certificate,
2144 deliver a copy of the certificate to the metro township's legislative body.
2145 (d) The lieutenant governor shall monitor the population of each municipality using
2146 population information from:
2147 (i) each official census or census estimate of the United States Bureau of the Census; or
2148 (ii) the population estimate from the Utah Population Committee, if the population of a
2149 municipality is not available from the United States Bureau of the Census.
2150 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2151 municipality's population has increased beyond the population for its current class, the
2152 lieutenant governor shall:
2153 (i) prepare a certificate indicating the class in which the municipality belongs based on
2154 the increased population figure; and
2155 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2156 legislative body of the municipality whose class has changed.
2157 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2158 municipality's population has decreased below the population for its current class, the
2159 lieutenant governor shall send written notification of that fact to the municipality's legislative
2160 body.
2161 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
2162 population has decreased below the population for its current class, the lieutenant governor
2163 shall:
2164 (A) prepare a certificate indicating the class in which the municipality belongs based
2165 on the decreased population figure; and
2166 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2167 legislative body of the municipality whose class has changed.
2168 Section 32. Repealer.
2169 This bill repeals:
2170 Section 20A-1-101, Title.
2171 Section 33. Appropriation.
2172 The following sums of money are appropriated for the fiscal year beginning July 1,
2173 2023, and ending June 30, 2024. These are additions to amounts previously appropriated for
2174 fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
2175 Act, the Legislature appropriates the following sums of money from the funds or accounts
2176 indicated for the use and support of the government of the state of Utah.
2177 ITEM 1
2178 To Governor's Office
2179 From General Fund
860,000
2180 From General Fund, One-Time
730,000
2181 Schedule of Programs:
2182 Lt. Governor's Office 1,590,000
2183 The Legislature intends that:
2184 (1) under Section 63J-1-603, up to $250,000 of the money appropriated to the
2185 Governor's Office in Item 1 of 2022 Laws of Utah, Chapter 156, not lapse at the end of Fiscal
2186 Year 2023; and
2187 (2) on or after July 1, 2023, the lieutenant governor may use the nonlapsing funds
2188 described in Subsection (1) to assist political subdivisions with election security costs,
2189 including the expanded video surveillance described in this bill.