Senator Curtis S. Bramble 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          This bill provides a coordination clause.
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     Utah Code Sections Affected by Coordination Clause:
29          20A-2-107, as last amended by Laws of Utah 2022, Chapter 170
30     

31     Be it enacted by the Legislature of the state of Utah:
32          Section 1. Section 20A-2-107 is amended to read:
33          20A-2-107. Designating or changing party affiliation -- Times permitted.
34          (1) As used in this section, "change of affiliation deadline" means:
35          (a) for an election held in an even-numbered year in which a presidential election will
36     be held, the day after the declaration of candidacy deadline described in Subsection
37     20A-9-201.5(2)(b); or
38          (b) for an election held in an even-numbered year in which a presidential election will
39     not be held, April 1.
40          [(1)] (2) The county clerk shall:
41          (a) except as provided in Subsection [(3)] (6) or [20A-2-107.5(1)(c)] 20A-2-107.5(3),
42     record the party affiliation designated by the voter on the voter registration form as the voter's
43     party affiliation; or
44          (b) if no political party affiliation is designated by the voter on the voter registration
45     form:
46          (i) except as provided in Subsection [(1)(b)(ii)] (2)(b)(ii), record the voter's party
47     affiliation as the party that the voter designated the last time that the voter designated a party on
48     a voter registration form, unless the voter more recently registered as "unaffiliated"; or
49          (ii) record the voter's party affiliation as "unaffiliated" if the voter:
50          (A) did not previously designate a party;
51          (B) most recently designated the voter's party affiliation as "unaffiliated"; or
52          (C) did not previously register.
53          [(2)] (3) (a) Any registered voter may designate or change the voter's political party
54     affiliation by complying with the procedures and requirements of this Subsection [(2)] (3).
55          (b) A registered voter may designate or change the voter's political party affiliation by
56     filing with the county clerk, the municipal clerk, or the lieutenant governor a voter registration
57     form or another signed form [with the county clerk] that identifies the registered political party
58     with which the voter chooses to affiliate.
59          (c) Except as provided in Subsection [(2)(d)] (3)(d), a voter registration form or
60     another signed form designating or changing a voter's political party affiliation takes effect
61     when the county clerk receives the signed form.
62          (d) The party affiliation of a voter who changes party affiliation, or who becomes
63     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
64     on or before the date of the regular primary election, takes effect the day after the statewide
65     canvass for the regular primary election.
66          [(d) In an even-numbered year, a form described in Subsection (2)(c) received by the
67     county clerk after March 31 takes effect on the day after that year's regular primary election if
68     the form changes a registered voter's affiliation with one political party to affiliate with another
69     political party.]
70          [(e) Any part of a form described in Subsection (2)(d), other than the voter's
71     designation or change of political party affiliation, takes effect when the county clerk receives
72     the signed form.]
73          [(f)] (4) For purposes of Subsection [(2)(d), a signed] (3)(d), a form described in
74     Subsection [(2)(c)] (3)(c) is received by the county clerk [on or before March 31] before the
75     change of affiliation deadline if:
76          [(i)] (a) the individual submits the form in person at the county clerk's office no later
77     than 5 p.m. on the [last business day before April 1] day before the change of affiliation
78     deadline;
79          [(ii)] (b) the individual submits the form electronically through the system described in
80     Section 20A-2-206, at or before 11:59 p.m. [on March 31] before the day of the change of
81     affiliation deadline; or
82          [(iii)] (c) the individual's form is clearly postmarked [on or before March 31] before
83     the change of affiliation deadline.
84          [(g)] (5) Subsection [(2)(d)] (3)(d) does not apply to the party affiliation designated by
85     a voter on [the] a voter registration form if:
86          [(i)] (a) the voter has not previously been registered to vote in the state; or
87          [(ii)] (b) the voter's most recent party affiliation was changed to "unaffiliated" by a
88     county clerk under Subsection [(3)] (6).
89          [(3)] (6) If the most recent party affiliation designated by a voter is for a political party
90     that is no longer a registered political party, the county clerk shall:
91          (a) change the voter's party affiliation to "unaffiliated"; and
92          (b) notify the voter electronically or by mail:
93          (i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
94     party affiliation designated by the voter is for a political party that is no longer a registered
95     political party; and
96          (ii) of the methods and deadlines for changing the voter's party affiliation.
97          Section 2. Section 20A-2-107.5 is repealed and reenacted to read:
98          20A-2-107.5. Designating or changing party affiliation -- Regular primary
99     election and presidential primary election -- Voting in primaries of multiple parties
100     prohibited.
101          (1) As used in this section, "change of affiliation deadline" means the same as that term
102     is defined in Subsection 20A-2-107(1).
103          (2) Except as provided in Subsection (3), a registered voter who is classified as
104     "unaffiliated" may, at a regular primary election or a presidential primary election:
105          (a) affiliate with a political party by completing a change of party affiliation form or
106     voter registration form and submitting the form to the county clerk or a poll worker; and
107          (b) vote in that party's primary election.
108          (3) The party affiliation of a voter who changes party affiliation, or who becomes
109     unaffiliated from a political party, at any time on or after the change of affiliation deadline and
110     on or before the date of the regular primary election, takes effect the day after the statewide
111     canvass for the regular primary election.
112          (4) (a) A voter who votes in the presidential primary election of a registered political
113     party may not, for the same election, vote in the presidential primary election of another
114     registered political party.
115          (b) A voter who votes in the regular primary election of a registered political party may
116     not, for the same election, vote in the regular primary election of another registered political
117     party.
118          Section 3. Coordinating H.B. 365 with H.B. 69 -- Substantive and technical
119     amendments.
120          If this H.B. 365 and H.B. 69, Election Modifications, both pass and become law, it is
121     the intent of the Legislature that the Office of Legislative Research and General Counsel shall
122     prepare the Utah Code database for publication as follows:
123          (1) by amending Subsection 20A-2-107(1)(a) as follows:
124          "[(1)] (2) The county clerk shall:
125          (a) except as provided in Subsection[(3)](6) or 2A-2-107.5[(1)(c)](3), record the party
126     affiliation designated by the voter on the voter registration form as the voter's party affiliation;
127     or"; and
128          (2) the changes to Section 20A-2-107.5 in H.B. 365 supersede the changes to
129     Subsection 20A-2-107.5 in H.B. 69.