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7 LONG TITLE
8 General Description:
9 This bill addresses voter signature verification, voter accessibility, and related issues.
10 Highlighted Provisions:
11 This bill:
12 ▸ provides guidance for determining when a signature submitted with a ballot
13 corresponds to a signature in a voter registration record;
14 ▸ establishes requirements for contacting a voter when the voter's ballot is rejected;
15 ▸ establishes record-keeping and reporting requirements in relation to rejected ballots;
16 ▸ requires an election officer to provide an accessible voting option for a voter with a
17 disability;
18 ▸ requires the director of elections to make rules regarding signature verification for
19 individuals who are unable to sign their name consistently due to a disability;
20 ▸ grants rulemaking authority to establish criteria, processes, and training in relation
21 to signature comparison;
22 ▸ requires that election notices include instructions for how a voter with a disability
23 may obtain information on voting in an accessible manner;
24 ▸ addresses the disclosure of certain information relating to a voter whose ballot is
25 rejected;
26 ▸ makes it unlawful for an election officer to willfully neglect, or act corruptly in
27 discharging, the election officer's duty; and
28 ▸ makes technical and conforming changes.
29 Money Appropriated in this Bill:
30 None
31 Other Special Clauses:
32 This bill provides a coordination clause.
33 Utah Code Sections Affected:
34 AMENDS:
35 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121, and 156
36 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392 and last amended by
37 Coordination Clause, Laws of Utah 2022, Chapter 392
38 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
39 20A-5-701, as last amended by Laws of Utah 2013, Chapter 253
40 Utah Code Sections Affected by Coordination Clause:
41 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
42 20A-3a-501, as last amended by Laws of Utah 2020, Sixth Special Session, Chapter 17
43
44 Be it enacted by the Legislature of the state of Utah:
45 Section 1. Section 20A-3a-202 is amended to read:
46 20A-3a-202. Conducting election by mail.
47 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
48 Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
49 accordance with this section.
50 (b) An individual who did not provide valid voter identification at the time the voter
51 registered to vote shall provide valid voter identification before voting.
52 (2) An election officer who administers an election:
53 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
54 and no later than seven days before election day, mail to each active voter within a voting
55 precinct:
56 (i) a manual ballot;
57 (ii) a return envelope;
58 (iii) instructions for returning the ballot that include an express notice about any
59 relevant deadlines that the voter must meet in order for the voter's vote to be counted;
60 (iv) for an election administered by a county clerk, information regarding the location
61 and hours of operation of any election day voting center at which the voter may vote or a
62 website address where the voter may view this information;
63 (v) for an election administered by an election officer other than a county clerk, if the
64 election officer does not operate a polling place or an election day voting center, a warning, on
65 a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
66 instructions included with the ballot, the voter will be unable to vote in that election because
67 there will be no polling place for the voting precinct on the day of the election; and
68 (vi) [
69 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
70 (b) may not mail a ballot under this section to:
71 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
72 (ii) a voter whom the election officer is prohibited from sending a ballot under
73 Subsection (10)(c)(ii); [
74 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
75 include instructions for returning the ballot if the individual to whom the election officer mails
76 the ballot does not live at the address to which the ballot is sent[
77 (d) shall provide a method of accessible voting to a voter with a disability who is not
78 able to vote by mail; and
79 (e) shall include, on the election officer's website and with each ballot mailed,
80 instructions regarding how a voter described in Subsection (2)(d) may vote.
81 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
82 the manual ballot to the address:
83 (i) provided at the time of registration; or
84 (ii) if, at or after the time of registration, the voter files an alternate address request
85 form described in Subsection (3)(b), the alternate address indicated on the form.
86 (b) The lieutenant governor shall make available to voters an alternate address request
87 form that permits a voter to request that the election officer mail the voter's ballot to a location
88 other than the voter's residence.
89 (c) A voter shall provide the completed alternate address request form to the election
90 officer no later than 11 days before the day of the election.
91 (4) The return envelope shall include:
92 (a) the name, official title, and post office address of the election officer on the front of
93 the envelope;
94 (b) a space where a voter may write an email address and phone number by which the
95 election officer may contact the voter if the voter's ballot is rejected;
96 (c) a printed affidavit in substantially the following form:
97 "County of ____State of ____
98 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
99 in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
100 currently incarcerated for commission of a felony.
101 ______________________________
102 Signature of Voter"; and
103 (d) a warning that the affidavit must be signed by the individual to whom the ballot
104 was sent and that the ballot will not be counted if the signature on the affidavit does not match
105 the signature on file with the election officer of the individual to whom the ballot was sent.
106 (5) If the election officer determines that the voter is required to show valid voter
107 identification, the election officer may:
108 (a) mail a ballot to the voter;
109 (b) instruct the voter to include a copy of the voter's valid voter identification with the
110 return ballot; and
111 (c) provide instructions to the voter on how the voter may sign up to receive electronic
112 ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
113 (6) An election officer who administers an election shall:
114 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
115 election; or
116 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
117 and
118 (b) maintain the signatures on file in the election officer's office.
119 (7) Upon receipt of a returned ballot, the election officer shall review and process the
120 ballot under Section 20A-3a-401.
121 (8) A county that administers an election:
122 (a) shall provide at least one election day voting center in accordance with [
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124 additional election day voting center for every 5,000 active voters in the county who have
125 requested to not receive a ballot by mail;
126 (b) shall ensure that each election day voting center operated by the county has at least
127 one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
128 Pub. L. No. 107-252, for individuals with disabilities;
129 (c) may reduce the early voting period described in Section 20A-3a-601, if:
130 (i) the county clerk conducts early voting on at least four days;
131 (ii) the early voting days are within the period beginning on the date that is 14 days
132 before the date of the election and ending on the day before the election; and
133 (iii) the county clerk provides notice of the reduced early voting period in accordance
134 with Section 20A-3a-604;
135 (d) is not required to pay return postage for a ballot; and
136 (e) is subject to an audit conducted under Subsection (9).
137 (9) (a) The lieutenant governor shall:
138 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
139 an election conducted under this section; and
140 (ii) after each primary, general, or special election conducted under this section, select
141 a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
142 developed under Subsection (9)(a)(i).
143 (b) The lieutenant governor shall post the results of an audit conducted under this
144 Subsection (9) on the lieutenant governor's website.
145 (10) (a) An individual may request that the election officer not send the individual a
146 ballot by mail in the next and subsequent elections by submitting a written request to the
147 election officer.
148 (b) An individual shall submit the request described in Subsection (10)(a) to the
149 election officer before 5 p.m. no later than 60 days before an election if the individual does not
150 wish to receive a ballot by mail in that election.
151 (c) An election officer who receives a request from an individual under Subsection
152 (10)(a):
153 (i) shall remove the individual's name from the list of voters who will receive a ballot
154 by mail; and
155 (ii) may not send the individual a ballot by mail for:
156 (A) the next election, if the individual submits the request described in Subsection
157 (10)(a) before the deadline described in Subsection (10)(b); or
158 (B) an election after the election described in Subsection (10)(c)(ii)(A).
159 (d) An individual who submits a request under Subsection (10)(a) may resume the
160 individual's receipt of a ballot by mail by submitting a written request to the election officer.
161 Section 2. Section 20A-3a-401 is amended to read:
162 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
163 Disposition -- Notice.
164 (1) This section governs ballots returned by mail or via a ballot drop box.
165 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
166 the custody of the poll workers in accordance with [
167 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
168 the return envelope to the signature of the voter in the voter registration records.
169 (3) After complying with Subsection (2), the poll workers shall determine whether:
170 (a) the signatures correspond;
171 (b) the affidavit is sufficient;
172 (c) the voter is registered to vote in the correct precinct;
173 (d) the voter's right to vote the ballot has been challenged;
174 (e) the voter has already voted in the election;
175 (f) the voter is required to provide valid voter identification; and
176 (g) if the voter is required to provide valid voter identification, whether the voter has
177 provided valid voter identification.
178 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
179 workers determine [
180 [
181 (i) in accordance with the rules made under Subsection (11):
182 (A) that the signature on the affidavit of the return envelope is reasonably consistent
183 with the individual's signature in the voter registration records; or
184 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
185 signature is verified by alternative means;
186 (ii) that the affidavit is sufficient;
187 (iii) that the voter is registered to vote in the correct precinct;
188 (iv) that the voter's right to vote the ballot has not been challenged;
189 (v) that the voter has not already voted in the election; and
190 (vi) for a voter required to provide valid voter identification, that the voter has
191 provided valid voter identification.
192 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
193 workers shall:
194 (i) remove the manual ballot from the return envelope in a manner that does not
195 destroy the affidavit on the return envelope;
196 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
197 with the return envelope; and
198 (iii) place the ballot with the other ballots to be counted.
199 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
200 the poll workers shall:
201 (i) disallow the vote;
202 (ii) without opening the return envelope, [
203 record the ballot as "rejected" and state the reason for the rejection; and
204 [
205 [
206 (iii) place the return envelope, unopened, with the other rejected return envelopes.
207 (5) (a) If the poll workers reject an individual's ballot because the poll workers
208 determine, in accordance with rules made under Subsection (11), that the signature on the
209 return envelope [
210 the voter registration records, the election officer shall:
211 (i) contact the individual in accordance with Subsection [
212
213 (ii) inform the individual:
214 [
215 [
216 [
217 to the election officer a correctly completed affidavit, provided by the county clerk, that meets
218 the requirements described in Subsection [
219 (b) The election officer shall ensure that the notice described in Subsection (5)(a)
220 includes:
221 (i) when communicating the notice by mail, a printed copy of the affidavit described in
222 Subsection (5)(c) and a courtesy reply envelope;
223 (ii) when communicating the notice electronically, a link to a copy of the affidavit
224 described in Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
225 (iii) when communicating the notice by phone, either during a direct conversation with
226 the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit
227 described in Subsection (5)(c), either in person from the clerk's office, by mail, or
228 electronically.
229 [
230 (i) an attestation that the individual voted the ballot;
231 (ii) a space for the individual to enter the individual's name, date of birth, and driver
232 license number or the last four digits of the individual's social security number;
233 (iii) a space for the individual to sign the affidavit; [
234 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
235 governor's and county clerk's use of the individual's signature on the affidavit for voter
236 identification purposes[
237 (v) a check box accompanied by language in substantially the following form:"I am a
238 voter with a qualifying disability under the Americans with Disabilities Act that impacts my
239 ability to sign my name consistently. I can provide appropriate documentation upon request. To
240 discuss accommodations, I can be contacted at __________________".
241 [
242 individual's ballot counted, the individual shall deliver the affidavit described in Subsection
243 [
244 [
245 (5)(d) shall immediately:
246 (i) scan the signature on the affidavit electronically and keep the signature on file in the
247 statewide voter registration database developed under Section 20A-2-109; [
248 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
249 the day on which the canvass begins, count the individual's ballot[
250 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
251 rules described in Subsection (11)(c).
252 [
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256 (6) (a) The election officer shall, within two business days after the day on which an
257 individual's ballot is rejected, notify the individual of the rejection and the reason for the
258 rejection, by phone, mail, email, or SMS text message, unless:
259 (i) the ballot is cured within one business day after the day on which the ballot is
260 rejected; or
261 (ii) the ballot is rejected because the ballot is received late or for another reason that
262 cannot be cured.
263 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
264 the election officer shall notify the individual of the rejection and the reason for the rejection by
265 phone, mail, email, or SMS text message, within the later of:
266 (i) 30 days after the day of the rejection; or
267 (ii) 30 days after the day of the election.
268 (c) The election officer may, when notifying an individual by phone under this
269 Subsection (6), use auto-dial technology.
270 [
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272 [
273 [
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275 [
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277 [
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279 [
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281 [
282 election officer contacts under Subsection (5) or (6) unless:
283 (a) the election officer receives a signed affidavit from the individual under Subsection
284 (5)(b) or is otherwise able to establish contact with the individual to confirm the individual's
285 identity; and
286 (b) the affidavit described in Subsection [
287 described in Subsection [
288 which the canvass begins.
289 [
290 manner provided by law for the retention and preservation of ballots voted at that election.
291 (9) (a) The election officer shall record the following in the database used to verify
292 signatures:
293 (i) any initial rejection of a ballot under Subsection (4)(c), within one business day
294 after the day on which the election officer rejects the ballot; and
295 (ii) any resolution of a rejection of a ballot under Subsection (7), within one business
296 day after the day on which the ballot rejection is resolved.
297 (b) An election officer shall include, in the canvass report, a final report of the
298 disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
299 (i) the number of ballots rejected because the voter did not sign the voter's ballot; and
300 (ii) the number of ballots rejected because the voter's signatures on the ballot, and in
301 records on file, do not correspond.
302 (10) Willful failure to comply with this section constitutes willful neglect of duty under
303 Section 20A-5-701.
304 (11) The director of elections within the Office of the Lieutenant Governor shall make
305 rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
306 establish:
307 (a) criteria and processes for use by poll workers in determining if a signature
308 corresponds with the signature on file for the voter under Subsections (3)(a) and (4)(a)(i)(A);
309 (b) training and certification requirements for election officers and employees of
310 election officers regarding the criteria and processes described in Subsection (11)(a); and
311 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
312 U.S.C. Secs. 12131 through 12165, an alternative means of verifying the identity of an
313 individual who checks the box described in Subsection (5)(c)(v).
314 (12) If, in response to a request, and in accordance with the requirements of law, an
315 election officer discloses the name or address of voters whose ballots have been rejected and
316 not yet resolved, the election officer shall:
317 (a) make the disclosure within two business days after the day on which the request is
318 made;
319 (b) respond to each request in the order the requests were made; and
320 (c) make each disclosure in a manner, and within a period of time, that does not reflect
321 favoritism to one requestor over another.
322 Section 3. Section 20A-5-101 is amended to read:
323 20A-5-101. Notice of election.
324 (1) On or before November 15 in the year before each regular general election year, the
325 lieutenant governor shall prepare and transmit a written notice to each county clerk that:
326 (a) designates the offices to be filled at the next year's regular general election;
327 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
328 certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
329 and 20A-9-408 for those offices; and
330 (c) contains a description of any ballot propositions to be decided by the voters that
331 have qualified for the ballot as of that date.
332 (2) (a) No later than seven business days after the day on which the lieutenant governor
333 transmits the written notice described in Subsection (1), each county clerk shall provide notice,
334 in accordance with Subsection (3):
335 (i) by posting notice in a conspicuous place most likely to give notice of the election to
336 the voters in each voting precinct within the county;
337 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
338 (B) by posting one notice, and at least one additional notice per 2,000 population of the
339 county, in places within the county that are most likely to give notice of the election to the
340 voters in the county, subject to a maximum of 10 notices; or
341 (C) by mailing notice to each registered voter in the county;
342 (iii) by posting notice on the Utah Public Notice Website, created in Section
343 63A-16-601, for seven days before the day of the election; and
344 (iv) by posting notice on the county's website for seven days before the day of the
345 election.
346 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
347 showing a copy of the notice and the places where the notice was posted.
348 (3) The notice described in Subsection (2) shall:
349 (a) designate the offices to be voted on in that election; and
350 (b) identify the dates for filing a declaration of candidacy for those offices.
351 (4) Except as provided in Subsection (6), before each election, the election officer shall
352 give printed notice of the following information:
353 (a) the date of election;
354 (b) the hours during which the polls will be open;
355 (c) the polling places for each voting precinct, early voting polling place, and election
356 day voting center;
357 (d) the address of the Statewide Electronic Voter Information Website and, if available,
358 the address of the election officer's website, with a statement indicating that the election officer
359 will post on the website any changes to the location of a polling place and the location of any
360 additional polling place;
361 (e) a phone number that a voter may call to obtain information regarding the location of
362 a polling place; [
363 (f) the qualifications for persons to vote in the election[
364 (g) instructions regarding how an individual with a disability, who is not able to vote a
365 manual ballot by mail, may obtain information on voting in an accessible manner.
366 (5) The election officer shall provide the notice described in Subsection (4):
367 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
368 to which the election pertains, at least two days before the day of the election;
369 (ii) at least two days before the day of the election, by posting one notice, and at least
370 one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
371 that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
372 maximum of 10 notices; or
373 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
374 which the election pertains at least five days before the day of the election;
375 (b) by posting notice on the Utah Public Notice Website, created in Section
376 63A-16-601, for two days before the day of the election; and
377 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
378 two days before the day of the election.
379 (6) Instead of including the information described in Subsection (4) in the notice, the
380 election officer may give printed notice that:
381 (a) is entitled "Notice of Election";
382 (b) includes the following: "A [indicate election type] will be held in [indicate the
383 jurisdiction] on [indicate date of election]. Information relating to the election, including
384 polling places, polling place hours, and qualifications of voters may be obtained from the
385 following sources:"; and
386 (c) specifies the following sources where an individual may view or obtain the
387 information described in Subsection (4):
388 (i) if the jurisdiction has a website, the jurisdiction's website;
389 (ii) the physical address of the jurisdiction offices; and
390 (iii) a mailing address and telephone number.
391 Section 4. Section 20A-5-701 is amended to read:
392 20A-5-701. Willful neglect of duty or corrupt conduct -- Penalty.
393 (1) It is unlawful for [
394 election officer's or poll worker's duty or to willfully act corruptly in discharging the election
395 officer's or poll worker's duty.
396 (2) [
397 third degree felony.
398 Section 5. Coordinating H.B. 37 with H.B. 162 and H.B. 448 -- Substantive and
399 technical amendments.
400 (1) If this H.B. 37, H.B. 162, Voter Accessibility Amendments, and H.B. 448, Election
401 Changes, all pass and become law, it is the intent of the Legislature that the Office of
402 Legislative Research and General Counsel shall prepare the Utah Code database for
403 publication, as follows:
404 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
405 Subsection 20A-3a-401(4)(a) in H.B. 162 and H.B. 448;
406 (b) the changes to Subsection 20A-3a-401(5) in H.B. 37 supersede the changes to
407 Subsection 20A-3a-401(5) in H.B. 162 and H.B. 448, except that, in Subsection
408 20A-3a-401(5)(e)(i) in H.B. 37, the reference to "Section 20A-2-109" will change to "Section
409 20A-2-502";
410 (c) enacted Subsection 20A-3a-401(10) in H.B. 162 does not take effect; and
411 (d) enacted Subsection 20A-3a-401(9) in H.B. 448 does not take effect.
412 (2) If this H.B. 37 and H.B. 162, Voter Accessibility Amendments, both pass and
413 become law, but H.B. 448, Election Changes, does not pass, it is the intent of the Legislature
414 that the Office of Legislative Research and General Counsel shall prepare the Utah Code
415 database for publication, as follows:
416 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
417 Subsection 20A-3a-401(4)(a) in H.B. 162;
418 (b) the changes to Subsection 20A-3a-401(5)(e)(iii) in H.B. 37 supersede the changes
419 to Subsection 20A-3a-401(5)(e)(iii) in H.B. 162; and
420 (c) enacted Subsection 20A-3a-401(10) in H.B. 162 does not take effect.
421 (3) If this H.B. 37 and H.B. 448, Election Changes, both pass and become law, but
422 H.B. 162, Voter Accessibility Amendments, does not pass:
423 (a) the changes to Subsection 20A-3a-401(4)(a) in H.B. 37 supersede the changes to
424 Subsection 20A-3a-401(4)(a) in H.B. 448;
425 (b) the changes to Subsection 20A-3a-401(5) in H.B. 37 supersede the changes to
426 Subsection 20A-3a-401(5) in H.B. 448, except that, in Subsection 20A-3a-401(5)(e)(i) in H.B.
427 37, the reference to "Section 20A-2-109" will change to "Section 20A-2-502"; and
428 (c) enacted Subsection 20A-3a-401(9) in H.B. 448 does not take effect.