Representative Jordan D. Teuscher proposes the following substitute bill:


1     
VOTER AFFILIATION AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Jordan D. Teuscher

5     
Senate Sponsor: Curtis S. Bramble

6     

7     LONG TITLE
8     General Description:
9          This bill addresses voting in primary elections, and changing party affiliation, for an
10     election held in an even-numbered year.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends the deadline by which a voter may change the voter's political party
15     affiliation for an election held in an even-numbered year;
16          ▸     prohibits voting in the primary elections of multiple registered political parties for
17     the same election; and
18          ▸     makes technical and conforming changes.
19     Money Appropriated in this Bill:
20          None
21     Other Special Clauses:
22          None
23     Utah Code Sections Affected:
24     AMENDS:
25          20A-2-107, as last amended by Laws of Utah 2022, Chapter 170
26     REPEALS AND REENACTS:
27          20A-2-107.5, as last amended by Laws of Utah 2021, Chapter 430
28     

29     Be it enacted by the Legislature of the state of Utah:
30          Section 1. Section 20A-2-107 is amended to read:
31          20A-2-107. Designating or changing party affiliation -- Times permitted.
32          (1) As used in this section, "change of affiliation deadline" means:
33          (a) for an election held in an even-numbered year in which a presidential election will
34     be held, the day after the declaration of candidacy deadline described in Subsection
35     20A-9-201.5(2)(b); or
36          (b) for an election held in an even-numbered year in which a presidential election will
37     not be held, April 1.
38          [(1)] (2) The county clerk shall:
39          (a) except as provided in Subsection [(3)] (6) or [20A-2-107.5(1)(c)] 20A-2-107.5(3),
40     record the party affiliation designated by the voter on the voter registration form as the voter's
41     party affiliation; or
42          (b) if no political party affiliation is designated by the voter on the voter registration
43     form:
44          (i) except as provided in Subsection [(1)(b)(ii)] (2)(b)(ii), record the voter's party
45     affiliation as the party that the voter designated the last time that the voter designated a party on
46     a voter registration form, unless the voter more recently registered as "unaffiliated"; or
47          (ii) record the voter's party affiliation as "unaffiliated" if the voter:
48          (A) did not previously designate a party;
49          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
50          (C) did not previously register.
51          [(2)] (3) (a) Any registered voter may designate or change the voter's political party
52     affiliation by complying with the procedures and requirements of this Subsection [(2)] (3).
53          (b) A registered voter may designate or change the voter's political party affiliation by
54     filing with the county clerk, the municipal clerk, or the lieutenant governor a voter registration
55     form or another signed form [with the county clerk] that identifies the registered political party
56     with which the voter chooses to affiliate.
57          (c) Except as provided in Subsection [(2)(d)] (3)(d), a voter registration form or
58     another signed form designating or changing a voter's political party affiliation takes effect
59     when the county clerk receives the signed form.
60          (d) The party affiliation of a voter who changes party affiliation, or who becomes
61     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
62     on or before the date of the regular primary election, takes effect the day after the statewide
63     canvass for the regular primary election.
64          [(d) In an even-numbered year, a form described in Subsection (2)(c) received by the
65     county clerk after March 31 takes effect on the day after that year's regular primary election if
66     the form changes a registered voter's affiliation with one political party to affiliate with another
67     political party.]
68          [(e) Any part of a form described in Subsection (2)(d), other than the voter's
69     designation or change of political party affiliation, takes effect when the county clerk receives
70     the signed form.]
71          [(f)] (4) For purposes of Subsection [(2)(d)] (3)(d), a [signed] form described in
72     Subsection [(2)(c)] (3)(c) is received by the county clerk [on or before March 31] before the
73     change of affiliation deadline if:
74          [(i)] (a) the individual submits the form in person at the county clerk's office no later
75     than 5 p.m. on the [last business day before April 1] day before the change of affiliation
76     deadline;
77          [(ii)] (b) the individual submits the form electronically through the system described in
78     Section 20A-2-206, at or before 11:59 p.m. [on March 31] before the day of the change of
79     affiliation deadline; or
80          [(iii)] (c) the individual's form is clearly postmarked [on or before March 31] before
81     the change of affiliation deadline.
82          [(g)] (5) Subsection [(2)(d)] (3)(d) does not apply to the party affiliation designated by
83     a voter on [the] a voter registration form if:
84          [(i)] (a) the voter has not previously been registered to vote in the state; or
85          [(ii)] (b) the voter's most recent party affiliation was changed to "unaffiliated" by a
86     county clerk under Subsection [(3)] (6).
87          [(3)] (6) If the most recent party affiliation designated by a voter is for a political party
88     that is no longer a registered political party, the county clerk shall:
89          (a) change the voter's party affiliation to "unaffiliated"; and
90          (b) notify the voter electronically or by mail:
91          (i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
92     party affiliation designated by the voter is for a political party that is no longer a registered
93     political party; and
94          (ii) of the methods and deadlines for changing the voter's party affiliation.
95          Section 2. Section 20A-2-107.5 is repealed and reenacted to read:
96          20A-2-107.5. Designating or changing party affiliation -- Regular primary
97     election and presidential primary election -- Voting in primaries of multiple parties
98     prohibited.
99          (1) As used in this section, "change of affiliation deadline" means the same as that term
100     is defined in Subsection 20A-2-107(1).
101          (2) Except as provided in Subsection (3), a registered voter who is classified as
102     "unaffiliated" may, at a regular primary election or a presidential primary election:
103          (a) affiliate with a political party by completing a change of party affiliation form or
104     voter registration form and submitting the form to the county clerk or a poll worker; and
105          (b) vote in that party's primary election.
106          (3) The party affiliation of a voter who changes party affiliation, or who becomes
107     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
108     on or before the date of the regular primary election, takes effect the day after the statewide
109     canvass for the regular primary election.
110          (4) (a) A voter who votes in the presidential primary election of a registered political
111     party may not, for the same election, vote in the presidential primary election of another
112     registered political party.
113          (b) A voter who votes in the regular primary election of a registered political party may
114     not, for the same election, vote in the regular primary election of another registered political
115     party.