Representative Calvin R. Musselman proposes the following substitute bill:


1     
VOTING AND VOTER RESIDENCY AMENDMENTS

2     
2023 GENERAL SESSION

3     
STATE OF UTAH

4     
Chief Sponsor: Daniel W. Thatcher

5     
House Sponsor: Calvin R. Musselman

6     

7     LONG TITLE
8     General Description:
9          This bill amends elections provisions, including residency provisions for voting and
10     running for office and provisions relating to uniformed and overseas voters.
11     Highlighted Provisions:
12          This bill:
13          ▸     defines terms;
14          ▸     amends and clarifies provisions for determining residency;
15          ▸     establishes standards and requirements for determining residency;
16          ▸     addresses evidence of residency and challenges to residency;
17          ▸     modifies provisions relating to uniformed and overseas voters to:
18               •      comply with federal law and certain provisions of state law; and
19               •      clarify the races for which, and the types of ballots which, certain overseas
20     voters may vote; and
21          ▸     makes technical and conforming changes.
22     Money Appropriated in this Bill:
23          None
24     Other Special Clauses:
25          None
26     Utah Code Sections Affected:
27     AMENDS:
28          20A-2-105, as last amended by Laws of Utah 2021, Chapter 183
29          20A-16-102, as last amended by Laws of Utah 2021, Chapter 93
30          20A-16-103, as enacted by Laws of Utah 2011, Chapter 327
31          20A-16-201, as enacted by Laws of Utah 2011, Chapter 327
32          20A-16-301, as enacted by Laws of Utah 2011, Chapter 327
33          20A-16-302, as last amended by Laws of Utah 2013, Chapter 198
34          20A-16-401, as last amended by Laws of Utah 2020, Chapter 31
35          20A-16-402, as last amended by Laws of Utah 2013, Chapter 198
36          20A-16-403, as last amended by Laws of Utah 2019, Chapter 255
37          20A-16-405, as enacted by Laws of Utah 2011, Chapter 327
38          20A-16-501, as last amended by Laws of Utah 2021, Chapter 100
39          20A-16-502, as last amended by Laws of Utah 2012, Chapter 369
40          20A-16-503, as enacted by Laws of Utah 2011, Chapter 327
41     REPEALS:
42          20A-16-101, as enacted by Laws of Utah 2011, Chapter 327
43     

44     Be it enacted by the Legislature of the state of Utah:
45          Section 1. Section 20A-2-105 is amended to read:
46          20A-2-105. Determining residency.
47          (1) As used in this section:
48          (a) "Principal place of residence" means the single location where [a person's] an
49     individual's habitation is fixed and to which, whenever the [person] individual is absent, the
50     [person] individual has the intention of returning, as evidenced by:
51          (i) the intent expressed by the individual; and
52          (ii) acts of the individual that are consistent or inconsistent with the intent expressed by
53     the individual.
54          (b) "Resident" means [a person] an individual whose principal place of residence is
55     within a specific voting precinct in Utah.
56          (2) Election officials and judges shall apply the standards and requirements of this
57     section when determining whether [a person] an individual is a resident for purposes of
58     interpreting this title or the Utah Constitution.
59          (3) An individual may request that an election official or election judge assist the
60     individual in determining the individual's principal place of residence for a purpose described
61     in Subsection (2).
62          [(3)] (4) (a) [A person] An individual resides in Utah if:
63          (i) the [person's] individual's principal place of residence is within Utah; and
64          (ii) the [person] individual has a present intention to maintain the [person's]
65     individual's principal place of residence in Utah permanently or indefinitely.
66          (b) [A person] An individual resides within a particular voting precinct if, [as of] on
67     the date of registering to vote, the [person's] individual's principal place of residence is in that
68     voting precinct.
69          (c) [A person's] An individual's principal place of residence does not change solely
70     because the [person] individual is present in Utah, present in a voting precinct, absent from
71     Utah, or absent from the [person's] individual's voting precinct because the [person] individual
72     is:
73          (i) employed in the service of the United States or of Utah;
74          (ii) a student at an institution of learning;
75          (iii) incarcerated in prison or jail; or
76          (iv) residing upon an Indian or military reservation.
77          (d) (i) A member of the armed forces of the United States is not a resident of Utah
78     merely because that member is stationed at a military facility within Utah.
79          (ii) In order to be a resident of Utah, a member of the armed forces described in this
80     Subsection [(3)(d)] (4)(d) shall meet the other requirements of this section.
81          (e) (i) Except as provided in Subsection [(3)(e)(ii) or (iii), a person has not lost the
82     person's] (4)(e)(ii) or (iii), an individual does not lose the individual's principal place of
83     residence in Utah or a precinct if [that person] the individual moves to a foreign country,
84     another state, or another voting precinct within Utah, for temporary purposes with the intention
85     of returning.
86          (ii) If [a person] an individual leaves the state or a voting precinct and votes or registers
87     to vote in another state or voting precinct, the [person] individual is no longer a resident of the
88     state or voting precinct that the [person] individual left.
89          (iii) [A person loses the person's] An individual loses the individual's principal place of
90     residence in Utah or in a precinct, if, after the [person] individual moves to another state or
91     another precinct under Subsection [(3)(e)(i)] (4)(e)(i), the [person] individual forms the intent
92     of making the other state or precinct the [person's] individual's principal place of residence.
93          (f) [A person] An individual is not a resident of a county or voting precinct if [that
94     person] the individual comes to the county or voting precinct for temporary purposes and does
95     not intend to make that county or voting precinct the [person's] individual's principal place of
96     residence.
97          (g) [A person loses the person's] An individual loses the individual's principal place of
98     residence in Utah or in a precinct if the [person] individual moves to another state or precinct
99     with the intention of making the other state or precinct the [person's] individual's principal
100     place of residence.
101          (h) If [a person] an individual moves to another state or precinct with the intent of
102     remaining [there] in the other state or precinct for an indefinite time as the [person's]
103     individual's principal place of residence, the [person loses the person's] individual loses the
104     individual's principal place of residence in Utah, or in the precinct, even though the [person]
105     individual intends to return at some future time.
106          (5) (a) An individual may challenge a determination by a voter, election official, or
107     election judge of a voter's principal place of residence, for the purpose of voting, in accordance
108     with the applicable provisions of Sections 20A-3a-803, 20A-3a-804, and 20A-3a-805.
109          (b) If an election official or election judge has reasonable, articulable grounds to
110     question the principal place of residence of an individual for a purpose described in Subsection
111     (2), the election official or election judge may require the individual to provide information to
112     resolve the question.
113          (c) Reasonable, articulable grounds to question an individual's principal place of
114     residence, and require additional information under Subsection (5)(b) include:
115          (i) that the individual has a driver license or other identification from outside Utah;
116          (ii) that the address claimed as the individual's principal place of residence does not
117     match the address on the individual's driver license or other identification;
118          (iii) that the individual owns residential property outside the location claimed as the
119     individual's principal place of residence; or
120          (iv) other articulable grounds that would lead a reasonable individual to question an
121     individual's principal place of residence.
122          (d) If an election official or election judge requires, under Subsection (5)(b), that an
123     individual provide additional information, the clerk shall:
124          (i) enter the voter registration into the statewide voter registration database; and
125          (ii) indicate, in the statewide voter registration database, that the voter must provide
126     additional information before the voter's ballot may be accepted.
127          [(4)] (6) [An] Subject to Subsection (10), an election official or judge [shall, in
128     determining a person's] who, under Subsection (5), makes a determination regarding an
129     individual's principal place of residence, shall, when making the determination, consider the
130     following factors, to the extent that the [election official or judge determines the] factors [to
131     be] are relevant:
132          (a) where the [person's] individual's family resides;
133          (b) whether the [person] individual is single, married, separated, or divorced;
134          (c) the age of the [person] individual;
135          (d) where the [person] individual usually sleeps;
136          (e) where the [person's] individual's minor children attend school;
137          (f) the location of the [person's] individual's employment, income sources, or business
138     pursuits;
139          (g) the location of real property owned by the [person] individual;
140          (h) the [person's] individual's residence for purposes of taxation or tax exemption;
141     [and]
142          (i) the location where the individual's motor vehicles are registered;
143          (j) the address for which the individual pays utility services;
144          (k) the address associated with the individual's hunting or fishing license;
145          (l) the address associated with the individual's professional licenses; and
146          [(i)] (m) other relevant factors.
147          [(5)] (7) (a) [A person has changed the person's] An individual changes the
148     individual's principal place of residence if the [person] individual:
149          (i) acts affirmatively to move from the state or a precinct in the state; and
150          (ii) has the intent to remain in another state or precinct.
151          (b) [A person] An individual may not have more than one principal place of residence.
152          (c) [A person does not lose the person's] An individual does not lose the individual's
153     principal place of residence until the [person] individual establishes another principal place of
154     residence.
155          (d) An individual who moves from one county in Utah to another county in Utah
156     retains the right to vote in the county from which the individual moved for 30 days after the
157     day on which the individual moved from the county, unless the individual votes in the new
158     county for that election.
159          (e) An individual who is homeless may, in accordance with the other provisions of this
160     section, establish a nontraditional location, including a location without a structure, as the
161     individual's principal place of residence.
162          [(6)] (8) In computing the period that a person is a resident[,] [a person shall] for a
163     purpose described in Subsection (2), the period:
164          (a) [include] begins on the day on which the [person] individual establishes the
165     [person's] individual's principal place of residence; and
166          (b) [exclude] ends on the day [of] before the day of the next applicable election.
167          [(7)] (9) (a) Except as provided in Subsection [(10)] (12), there is a rebuttable
168     presumption that [a person's] an individual's principal place of residence is in Utah and in the
169     voting precinct claimed by the [person if the person] individual, if the individual makes an oath
170     or affirmation upon a registration application form or declaration of candidacy that the
171     [person's] individual's principal place of residence is in Utah and in the voting precinct claimed
172     by the [person] individual.
173          (b) Except as provided in Subsection [(10)] (12), the election officers and election
174     officials shall allow [a person] an individual described in Subsection [(7)(a)] (9)(a) to register
175     and vote in the precinct for the residence claimed under Subsection (9)(a), or accept the
176     [person's] individual's declaration of candidacy in the district for the residence claimed under
177     Subsection (9)(a), unless, [upon a challenge by a registrar or some other person] in accordance
178     with Subsection (5), it is shown by law or by clear and convincing evidence that:
179          (i) the [person's] individual's principal place of residence is not in Utah or not in the
180     applicable precinct or district; or
181          (ii) the [person] individual is incarcerated in prison or jail and did not, before the
182     [person] individual was incarcerated in prison or jail, establish the [person's] individual's
183     principal place of residence in the voting precinct where the prison or jail is located.
184          [(8)] (10) (a) The criteria described in this section for establishing [a person's] an
185     individual's principal place of residence for voting purposes do not apply in relation to the
186     [person's] individual's location while the [person] individual is incarcerated in prison or jail.
187          (b) For voting registration purposes, the principal place of residence of [a person] an
188     individual incarcerated in prison or jail is the state and voting precinct where the [person's]
189     individual's principal place of residence was located before incarceration.
190          [(9)] (11) If [a person's] an individual's principal place of residence is a residential
191     parcel of one acre in size or smaller that is divided by the boundary line between two or more
192     counties, that [person] individual shall be considered a resident of the county in which a
193     majority of the residential parcel lies.
194          [(10)] (12) (a) If an individual seeking to become a candidate for a political office that
195     includes a durational residency requirement has been absent from the state for a period of more
196     than 180 consecutive days during the applicable residency period, the individual may, at the
197     time that the candidate files a declaration of candidacy, submit evidence to the filing officer to
198     show that the individual intended to return to the state during the time of the individual's
199     absence from the state.
200          (b) There is a rebuttable presumption that an individual described in Subsection
201     [(10)(a)] (12)(a) intended to return to the state during the individual's absence if:
202          (i) the individual submits evidence of the individual's intent to the filing officer at the
203     time that the individual files a declaration of candidacy; or
204          (ii) the individual was absent from the state because the individual was:
205          (A) employed in the service of the United States or of Utah;
206          (B) a student at an institution of learning; or
207          (C) engaged solely in religious, missionary, philanthropic, or humanitarian activities.
208          (c) If a valid written objection to an individual's declaration of candidacy is filed, there
209     is a rebuttable presumption that an individual described in Subsection [(10)(a)] (12)(a) did not
210     intend to return to the state during the individual's absence if:
211          (i) the individual did not submit evidence of the individual's intent to the filing officer
212     at the time that the individual filed a declaration of candidacy; and
213          (ii) the individual's absence from the state was not for one of the reasons described in
214     Subsection [(10)(b)(ii)] (12)(b)(ii).
215          (d) An individual must rebut the presumption described in this Subsection [(10)] (12)
216     by clear and convincing evidence.
217          Section 2. Section 20A-16-102 is amended to read:
218          20A-16-102. Definitions.
219          As used in this chapter:
220          [(1) "Covered voter" means:]
221          [(a) a uniformed-service voter or an overseas voter who is registered to vote in the
222     state; or]
223          [(b) a uniformed-service voter whose voting residence is in the state and who otherwise
224     satisfies the state's voter eligibility requirements.]
225          (1) "Covered voter" means an individual who:
226          (a) satisfies Utah's voter eligibility requirements that do not relate to residency;
227          (b) is not registered to vote in a state other than Utah;
228          (c) is absent from the United States on the day of the election; and
229          (d) (i) is a resident of Utah under Section 20A-2-105, but is absent from the United
230     States on election day because the individual:
231          (A) is a uniformed service voter; or
232          (B) temporarily resides outside the United States;
233          (ii) is a foreign United States citizen who:
234          (A) before establishing a principal place of residence outside the United States,
235     established a principal place of residence in Utah; and
236          (B) did not, after leaving Utah, register to vote in a state other than Utah or establish a
237     principal place of residence in a state other than Utah; or
238          (iii) is a foreign United States citizen:
239          (A) who has never registered to vote in a state other than Utah;
240          (B) who has never established a principal place of residence in the United States; and
241          (C) whose parent, legal guardian, spouse, or domestic partner established the parent's,
242     legal guardian's, spouse's, or domestic partner's most recent United States principal place of
243     residence in Utah.
244          (2) "Dependent" means an individual recognized as a dependent by a uniformed
245     service.
246          (3) "Federal postcard application" means the application prescribed under the
247     Uniformed and Overseas Citizens Absentee Voting Act, [Sec. 101(b)(2), 42 U.S.C. Sec.
248     1973ff(b)(2)] 52 U.S.C. Sec. 20301(b)(2).
249          (4) "Federal write-in absentee ballot" means the ballot described in the Uniformed and
250     Overseas Citizens Absentee Voting Act, [Sec. 103, 42 U.S.C. Sec. 1973ff-2] 52 U.S.C. Sec.
251     20303(a)(1).
252          (5) "Foreign United States citizen" means a citizen of the United States whose
253     principal place of residence is outside the United States.
254          [(5)] (6) "Military-overseas ballot" means:
255          (a) a federal write-in absentee ballot;
256          (b) a ballot specifically prepared or distributed for use by a covered voter in accordance
257     with this chapter; or
258          (c) a ballot cast by a covered voter in accordance with this chapter.
259          [(6)] (7) "Overseas voter" means a United States citizen who, on the day of the
260     applicable election, is:
261          (a) voting age; and
262          (b) [outside] absent from the United States.
263          [(7)] (8) "State" means a state of the United States, the District of Columbia, Puerto
264     Rico, Guam, the United States Virgin Islands, or [any territory or insular possession subject to
265     the jurisdiction of the United States] American Samoa.
266          [(8)] (9) "Uniformed service" means:
267          (a) active and reserve components of the armed forces as defined in Section 68-3-12.5;
268          (b) the Merchant Marine, the commissioned corps of the Public Health Service, or the
269     commissioned corps of the National Oceanic and Atmospheric Administration of the United
270     States; or
271          (c) the National Guard.
272          [(9)] (10) "Uniformed-service voter" means an individual who is qualified to vote and
273     is:
274          (a) a member of the active or reserve components of the armed forces who is on active
275     duty;
276          (b) a member of the Merchant Marine, the commissioned corps of the Public Health
277     Service, or the commissioned corps of the National Oceanic and Atmospheric Administration
278     of the United States;
279          (c) a member on activated status of the National Guard; or
280          (d) a spouse or dependent of a member referred to in Subsections [(9)(a) through (c)]
281     (10)(a) through (c).
282          [(10)] (11) "United States," when used in the territorial sense, means the several states,
283     the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, and [any
284     territory or insular possession subject to the jurisdiction of the United States] American Samoa.
285          Section 3. Section 20A-16-103 is amended to read:
286          20A-16-103. Application to elections -- Voting by foreign United States citizen.
287          (1) The voting procedures in this chapter apply to an election authorized by this title.
288          (2) A covered voter who is a foreign United States citizen may only vote in a federal
289     election and may only vote for candidates for federal office.
290          (3) A covered voter described in Subsection 20A-16-102(1)(d)(ii) shall vote in the
291     congressional election for the district where the covered voter established the covered voter's
292     most recent principal place of residence in Utah.
293          (4) A covered voter described in Subsection 20A-16-102(1)(d)(iii) shall vote in the
294     congressional election for the district where the covered voter's parent, legal guardian, spouse,
295     or domestic partner established the parent's, legal guardian's, spouse's, or domestic partner's
296     most recent United States principal place of residence in Utah.
297          Section 4. Section 20A-16-201 is amended to read:
298          20A-16-201. Duties of lieutenant governor.
299          The lieutenant governor shall:
300          (1) implement this chapter and the state's responsibilities under the Uniformed and
301     Overseas Citizens Absentee Voting Act, [42 U.S.C. Sec. 1973ff] 52 U.S.C. 20301 et seq.;
302          (2) make available to covered voters information regarding voter registration
303     procedures for covered voters and procedures for casting military-overseas ballots;
304          (3) establish an electronic transmission system through which a covered voter may
305     apply for and receive voter registration materials, military-overseas ballots, and other
306     information under this chapter;
307          (4) (a) develop standardized absentee-voting materials, including privacy and
308     transmission envelopes and electronic equivalents of the envelopes, authentication materials,
309     and voting instructions, to be used with the military-overseas ballot of a voter authorized to
310     vote in any jurisdiction in the state; and
311          (b) to the extent reasonably possible, coordinate with other states on the development
312     required by Subsection (4)(a); and
313          (5) prescribe the form and content of a declaration:
314          (a) for use by a covered voter to swear or affirm specific representations pertaining to
315     the voter's identity, eligibility to vote, status as a covered voter, and timely and proper
316     completion of an overseas-military ballot;
317          (b) that is based on the declaration prescribed to accompany a federal write-in absentee
318     ballot, as modified to be consistent with this chapter; and
319          (c) that is a prominent part of all balloting materials for which the declaration is
320     required, including an indication of the date of execution of the declaration.
321          Section 5. Section 20A-16-301 is amended to read:
322          20A-16-301. Overseas voter's registration address.
323          [In] Subject to Section 20A-16-103, in registering to vote, an overseas voter who is
324     eligible to vote in the state shall:
325          (1) use and be assigned to the voting precinct of the address of the last place of
326     residence of the voter in the state; or
327          (2) if the address described in Subsection (1) is no longer a recognized residential
328     address, be assigned an address, for voting purposes, in the applicable voting precinct.
329          Section 6. Section 20A-16-302 is amended to read:
330          20A-16-302. Methods of registering to vote.
331          (1) To apply to register to vote, in addition to any other approved method, a covered
332     voter may use a federal postcard application or the application's electronic equivalent.
333          (2) (a) A covered voter may use the declaration accompanying a federal write-in
334     absentee ballot to apply to register to vote simultaneously with the submission of the federal
335     write-in absentee ballot, if the declaration is received [by the Thursday immediately] before the
336     day of the election.
337          (b) If the declaration is received on or after the [Thursday immediately before] day of
338     the election, the declaration shall be treated as an application to register to vote for subsequent
339     elections.
340          (3) (a) The lieutenant governor shall ensure that the electronic transmission system
341     described in Subsection 20A-16-201(3) is capable of accepting both a federal postcard
342     application and any other approved electronic registration application sent to the appropriate
343     election official.
344          (b) The voter may use the electronic transmission system or any other approved
345     method to register to vote.
346          Section 7. Section 20A-16-401 is amended to read:
347          20A-16-401. Methods of applying for military-overseas ballots.
348          (1) A covered voter who is registered to vote in the state may apply for a
349     military-overseas ballot:
350          (a) via the federal postcard application;
351          (b) via the federal postcard application's electronic equivalent; or
352          (c) by otherwise making a request in writing.
353          (2) A covered voter who is not registered to vote in this state may use a federal
354     postcard application or the federal postcard application's electronic equivalent to apply
355     simultaneously to register to vote under Section 20A-16-302 and for a military-overseas ballot.
356          (3) (a) The lieutenant governor shall ensure that the electronic transmission system
357     described in Subsection 20A-16-201(3) is capable of accepting the submission of both a federal
358     postcard application and any other approved electronic military-overseas ballot application sent
359     to the appropriate election official.
360          (b) The voter may use the electronic transmission system or any other approved
361     method to apply for a military-overseas ballot.
362          (4) A covered voter may use the declaration accompanying a federal write-in absentee
363     ballot as an application for a military-overseas ballot simultaneously with the submission of the
364     federal write-in absentee ballot, if the declaration is received by the appropriate election official
365     [by the Thursday immediately] before the day of the election.
366          (5) To receive the benefits of this chapter, a covered voter shall inform the appropriate
367     election official that the voter is a covered voter by:
368          (a) the use of a federal postcard application or federal write-in absentee ballot;
369          (b) the use of an overseas address on an approved voter registration application or
370     ballot application; or
371          (c) the inclusion on an approved voter registration application or ballot application of
372     other information sufficient to identify the voter as a covered voter.
373          (6) This chapter does not preclude a covered voter from voting via a manual ballot by
374     mail.
375          Section 8. Section 20A-16-402 is amended to read:
376          20A-16-402. Timeliness and scope of application for military-overseas ballot.
377          (1) An application for a military-overseas ballot is timely if received [by the Thursday
378     immediately] before the day of the election.
379          (2) An application for a military-overseas ballot for a regular primary election or
380     municipal primary election, whether or not timely, is effective as an application for a
381     military-overseas ballot for the regular general election or municipal general election.
382          Section 9. Section 20A-16-403 is amended to read:
383          20A-16-403. Transmission of unvoted ballots.
384          (1) For an election for which the state has not received a waiver pursuant to the
385     Military and Overseas Voter Empowerment Act, [Sec. 579, 42 U.S.C. 1973ff-1(g)(2)] 52
386     U.S.C. Sec. 20302(g)(2), not later than 45 days before the election or, notwithstanding Section
387     20A-1-104, if the 45th day before the election is a weekend or holiday, not later than the
388     business day preceding the 45th day, the election official in each jurisdiction charged with
389     distributing a ballot and balloting materials shall transmit a ballot and balloting materials to all
390     covered voters who by that date submit a valid military-overseas ballot application.
391          (2) (a) A covered voter who requests that a ballot and balloting materials be sent to the
392     voter by electronic transmission may choose:
393          (i) facsimile transmission;
394          (ii) email delivery; or
395          (iii) if offered by the voter's jurisdiction, Internet delivery.
396          (b) The election official in each jurisdiction charged with distributing a ballot and
397     balloting materials shall transmit the ballot and balloting materials to the voter using the means
398     of transmission chosen by the voter.
399          (3) If a ballot application from a covered voter arrives after the jurisdiction begins
400     transmitting ballots and balloting materials to voters, the official charged with distributing a
401     ballot and balloting materials shall transmit [them] the ballot and balloting materials to the
402     voter [not] no later than two business days after the day on which the application arrives.
403          Section 10. Section 20A-16-405 is amended to read:
404          20A-16-405. Federal write-in absentee ballot.
405          A covered voter may use a federal write-in absentee ballot to vote for all applicable
406     offices and ballot propositions in an election.
407          Section 11. Section 20A-16-501 is amended to read:
408          20A-16-501. Use of voter's email address.
409          (1) An election officer shall request an email address from each covered voter who
410     registers to vote [after January 1, 2012].
411          (2) An email address provided by a covered voter:
412          (a) is a private record under Section 63G-2-302; and
413          (b) may be used only for official communication with the covered voter about the
414     voting process, including transmitting military-overseas ballots and election materials if the
415     voter has requested electronic transmission, verifying the voter's mailing address and physical
416     location, and informing the voter of the status of the voter's ballot in accordance with Section
417     20A-3a-401.5.
418          (3) The request for an email address shall:
419          (a) describe the purposes for which the email address may be used;
420          (b) include a statement that any other use or disclosure of the email address is
421     prohibited; and
422          (c) describe how a voter may sign up to receive ballot status notifications via the ballot
423     tracking system described in Section 20A-3a-401.5.
424          (4) (a) A covered voter who provides an email address may request that the covered
425     voter's application for a military-overseas ballot be considered a standing request for electronic
426     delivery of a ballot for all elections held through December 31 of the year following the
427     calendar year of the date of the application or another shorter period the covered voter
428     specifies.
429          (b) An election official shall provide a military-overseas ballot to a covered voter who
430     makes a standing request for each election to which the request is applicable.
431          (c) A covered voter who is entitled to receive a military-overseas ballot for a primary
432     election under this Subsection (4) is entitled to receive a military-overseas ballot for the general
433     election.
434          Section 12. Section 20A-16-502 is amended to read:
435          20A-16-502. Publication of election notice.
436          (1) At least 100 days before the day of an election, other than a statewide special
437     election or local special election, and as soon as practicable before a statewide special election
438     or local special election, the election officer shall prepare an election notice for the election
439     officer's jurisdiction, to be used in conjunction with a federal write-in absentee ballot.
440          (2) The election notice must contain:
441          (a) a list of all of the ballot propositions and federal, state, and local offices that as of
442     that date the election officer expects to be on the ballot on the date of the election; and
443          (b) specific instructions for how a covered voter is to indicate on the federal write-in
444     absentee ballot the covered voter's choice for each office to be filled and for each ballot
445     proposition to be contested.
446          (3) (a) A covered voter may request a copy of an election notice.
447          (b) The election officer shall send the notice to the covered voter by facsimile, email,
448     or regular mail, as the covered voter requests.
449          (4) As soon as the ballot is certified, and not later than the date ballots are required to
450     be transmitted to voters under Chapter 3a, Voting, the election officer charged with preparing
451     the election notice under Subsection (1) shall update the notice with the certified candidates for
452     each office and ballot propositions and make the updated notice publicly available.
453          (5) A political subdivision that maintains a website shall make the election notice
454     prepared under this section and updated versions of the election notice regularly available on
455     the website.
456          Section 13. Section 20A-16-503 is amended to read:
457          20A-16-503. Prohibition of nonsubstantive requirements.
458          (1) (a) If a covered voter's mistake or omission in the completion of a document under
459     this chapter does not prevent determining whether a covered voter is eligible to vote, the
460     mistake or omission does not invalidate the document.
461          (b) Failure to satisfy a nonsubstantive requirement, [such as using] including
462     requirements to use paper or envelopes of a specified size or weight, does not invalidate a
463     document submitted under this chapter.
464          (c) In a write-in ballot authorized by this chapter or in a vote for a write-in candidate on
465     a regular ballot, if the intention of the covered voter is discernable under this state's uniform
466     definition of what constitutes a vote, an abbreviation, misspelling, or other minor variation in
467     the form of the name of a candidate or a political party is a valid vote.
468          (2) (a) Notarization is not required for the execution of a document under this chapter.
469          (b) (i) An authentication, other than the declaration [specified] described in Section
470     20A-16-409 or the declaration on the federal postcard application and federal write-in absentee
471     ballot, is not required for execution of a document under this chapter.
472          (ii) The declaration and any information in the declaration may be compared with
473     information on file to ascertain the validity of the document.
474          Section 14. Repealer.
475          This bill repeals:
476          Section 20A-16-101, Title.