Representative Phil Lyman proposes the following substitute bill:




Chief Sponsor: Phil Lyman

Senate Sponsor: Curtis S. Bramble


8     General Description:
9          This bill requires an independent attestation engagement in relation to certain election
10     matters.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     requires the lieutenant governor to contract with an independent accounting firm to
15     conduct an attestation engagement to evaluate the accuracy, validity, and
16     completeness of certain election audits, statistics, and results;
17          ▸     describes contract requirements;
18          ▸     provides for access by the independent accounting firm to, and for the protection of,
19     records needed for the attestation engagement; and
20          ▸     requires public reporting in relation to the attestation engagement.
21     Money Appropriated in this Bill:
22          None
23     Other Special Clauses:
24          None
25     Utah Code Sections Affected:

26     ENACTS:
27          20A-4-407, Utah Code Annotated 1953

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 20A-4-407 is enacted to read:
31          20A-4-407. Independent attestation engagement -- Requirements -- Reporting.
32          (1) As used in this section:
33          (a) "Attestation engagement" means an evaluation by an independent accounting firm
34     of a specified subject matter, and the results generated or conclusions reached in relation to that
35     subject matter, to determine, to a limited degree of assurance, the accuracy, validity, and
36     completeness of the results or conclusions.
37          (b) "Committee" means the Government Operations Interim Committee.
38          (c) "Firm" means the qualified independent accounting firm that the lieutenant
39     governor contracts with under Subsection (2).
40          (2) Each even-numbered year, before the regular primary election, the lieutenant
41     governor shall, in accordance with Title 63G, Chapter 6a, Utah Procurement Code, and
42     Subsection (5), contract with a qualified independent accounting firm to conduct an attestation
43     engagement focused on providing limited assurance of the accuracy, validity, and completeness
44     of:
45          (a) the results of the voter registration audit described in Section 20A-5-901;
46          (b) the lieutenant governor's summary of election results of both the regular primary
47     election and the regular general election; and
48          (c) the statistics posted under Subsection 20A-3a-405(3)(c).
49          (3) To ensure that the firm has access to the election records needed to complete the
50     attestation engagement described in Subsection (2), the lieutenant governor shall, before
51     executing a contract under Subsection (2), negotiate with the firm and incorporate into the
52     contract:
53          (a) the access that the firm will have to election records; and
54          (b) requirements that the firm must comply with to ensure the security and chain of
55     custody of the election records.
56          (4) The lieutenant governor shall, within 60 days after the date of the regular general

57     election:
58          (a) complete a post-election report describing the results of the attestation engagement
59     described in Subsection (2);
60          (b) send a copy of the post-election report to the committee; and
61          (c) upon request by the committee or the committee chairs, present, or assign the
62     director of elections to present, the post-election report, in-person, to the committee.
63          (5) The lieutenant governor shall ensure, via the procurement process and the resulting
64     contract, that the firm:
65          (a) will not have access to the personal privacy information of a voter;
66          (b) will only have access to data that is aggregated and deidentified;
67          (c) provides a process plan that includes the methodology to be used during the
68     attestation engagement;
69          (d) ensures that all materials are handled securely, transparently, and consistently;
70          (e) is not affiliated with a foreign government;
71          (f) does not harvest data for the purpose of reproducing or distributing the data to
72     others; and
73          (g) meets industry standards for cybersecurity and data privacy.