1     
VOTING CHANGES

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2023 GENERAL SESSION

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STATE OF UTAH

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Chief Sponsor: Michael S. Kennedy

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House Sponsor: ____________

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7     LONG TITLE
8     General Description:
9          This bill amends provisions relating to voting and elections.
10     Highlighted Provisions:
11          This bill:
12          ▸     permits an election officer to determine whether to conduct an election primarily by
13     mail or primarily by in-person voting;
14          ▸     establishes procedures and requirements for conducting an election primarily by
15     in-person voting, including:
16               •     notice requirements; and
17               •     a procedure for an individual to request a mailed ballot for an election
18     conducted primarily by in-person voting;
19          ▸     requires an election officer who conducts elections primarily by mail to annually
20     request that an active voter verify the voter's current address; 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-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
29     ENACTS:
30          20A-3a-202.1, Utah Code Annotated 1953
31     

32     Be it enacted by the Legislature of the state of Utah:
33          Section 1. Section 20A-3a-202 is amended to read:
34          20A-3a-202. Conducting election primarily by mail or primarily by in-person
35     voting.
36          (1) (a) Except as otherwise provided for an election conducted entirely by mail under
37     Section 20A-7-609.5, an election officer [shall] may administer an election [primarily by mail,]
38     in accordance with this section[.]:
39          (i) primarily by mail; or
40          (ii) primarily by in-person voting if:
41          (A) at least 90 days before the election date, the election officer submits to the
42     lieutenant governor a written statement indicating that the election officer will conduct the
43     election primarily by in-person voting and specifying the plan for conducting the election,
44     including the number and location of each polling place, the number of voting booths that will
45     be available at each polling place, and the equipment that will be present at each polling place
46     to enable a voter with a disability to vote;
47          (B) in accordance with Subsection (1)(b), the lieutenant governor approves the plan
48     described in Subsection (1)(a)(ii)(A), including any modification to the plan required by the
49     lieutenant governor; and
50          (C) the election officer complies with the plan described in Subsection (1)(a)(ii)(A),
51     including any modification to the plan required by the lieutenant governor.
52          (b) Within 10 days after the day on which the lieutenant governor timely receives a
53     written statement described in Subsection (1)(a)(ii)(A):
54          (i) the lieutenant governor shall approve the plan described in the statement if the
55     lieutenant governor finds that the plan will provide reasonable access and capacity for the
56     election; or
57          (ii) if the lieutenant governor finds that the plan described in the statement will not
58     provide reasonable access and capacity for the election, the lieutenant governor shall, after

59     consulting with the election officer who submitted the plan, modify the plan to the extent
60     necessary, as determined by the lieutenant governor, to provide reasonable access and capacity
61     for the election.
62          (c) An election officer shall, at least 28 days before the date of the election, publish
63     notice for the jurisdiction where the election will be held regarding whether the election will be
64     conducted primarily by mail or primarily by in-person voting:
65          (i) (A) by publishing notice in at least one issue of a newspaper of general circulation
66     in the jurisdiction;
67          (B) by posting one notice, and at least one additional notice per 2,000 population of the
68     jurisdiction, in places that are most likely to give notice to the residents in the jurisdiction,
69     subject to a maximum of 10 notices; or
70          (C) by mailing notice to each registered voter in the jurisdiction;
71          (ii) by posting notice on the Utah Public Notice Website, created in Section
72     63A-16-601, for 28 days before the day of the election; and
73          (iii) by posting notice on the jurisdiction's website for 28 days before the day of the
74     election.
75          (d) If an election officer decides to conduct an election primarily by in-person voting,
76     the election officer shall include, in the notice described in Subsection (1)(c), the following
77     statement: "A voter may request to receive a ballot by mail if, at least 11 days before the day of
78     the election, the voter provides a mail-in ballot request form to the election officer in
79     accordance with Utah Code Section 20A-3a-202.1. The mail-in ballot request form must be
80     received by the election officer no later than [indicate the date that is 11 days before the date of
81     the election] at [indicate the physical and mailing address]. If the election officer receives a
82     mail-in ballot request form after [indicate the date that is 11 days before the date of the
83     election], the election officer is not required to comply with the request, unless otherwise
84     required by law for a uniformed service voter or an overseas voter. You may obtain a copy of
85     the mail-in ballot request form at [indicate a physical address and a website address where an
86     individual may obtain a copy of the form]."
87          [(b)] (e) An individual who did not provide valid voter identification at the time the
88     voter registered to vote shall provide valid voter identification before voting.
89          (2) An election officer who administers an election:

90          (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
91     and no later than seven days before election day[,]:
92          (i) for an election conducted primarily by mail, mail to each active voter within a
93     voting precinct:
94          [(i)] (A) a manual ballot;
95          [(ii)] (B) a return envelope;
96          [(iii)] (C) instructions for returning the ballot that include an express notice about any
97     relevant deadlines that the voter must meet in order for the voter's vote to be counted;
98          [(iv)] (D) for an election administered by a county clerk, information regarding the
99     location and hours of operation of any election day voting center at which the voter may vote or
100     a website address where the voter may view this information;
101          [(v)] (E) for an election administered by an election officer other than a county clerk, if
102     the election officer does not operate a polling place or an election day voting center, a warning,
103     on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
104     the instructions included with the ballot, the voter will be unable to vote in that election
105     because there will be no polling place for the voting precinct on the day of the election; and
106          [(vi)] (F) [after May 1, 2022,] instructions on how a voter may sign up to receive
107     electronic ballot status notifications via the ballot tracking system described in Section
108     20A-3a-401.5; or
109          (ii) for an election conducted primarily by in-person voting, mail the items and
110     information described in Subsection (2)(a)(i)(A), (B), (C), (D), and (F) to:
111          (A) each registered voter who timely requests a mail-in ballot in accordance with
112     Section 20A-3a-202.1; and
113          (B) each individual to whom the election officer is required to provide a mail-in ballot
114     under Chapter 16, Uniform Military and Overseas Voters Act, for whom the election officer
115     has a mailing address;
116          (b) may not mail a ballot under this section to:
117          (i) an inactive voter, unless the inactive voter requests a [manual] mail-in ballot; or
118          (ii) a voter whom the election officer is prohibited from sending a ballot under
119     Subsection (10)(c)(ii); and
120          (c) shall, on the outside of the envelope in which the election officer mails the ballot,

121     include instructions for returning the ballot if the individual to whom the election officer mails
122     the ballot does not live at the address to which the ballot is sent.
123          (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
124     the manual ballot to the address:
125          (i) provided at the time of registration; or
126          (ii) if, at or after the time of registration, the voter files an alternate address request
127     form described in Subsection (3)(b), the alternate address indicated on the form.
128          (b) The lieutenant governor shall make available to voters an alternate address request
129     form that permits a voter to request that the election officer mail the voter's ballot to a location
130     other than the voter's residence.
131          (c) A voter shall provide the completed alternate address request form to the election
132     officer no later than 11 days before the day of the election.
133          (4) [The] A return envelope shall include:
134          (a) the name, official title, and post office address of the election officer on the front of
135     the envelope;
136          (b) a space where a voter may write an email address and phone number by which the
137     election officer may contact the voter if the voter's ballot is rejected;
138          (c) a printed affidavit in substantially the following form:
139          "County of ____State of ____
140          I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
141     in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
142     currently incarcerated for commission of a felony.
143          ______________________________
144          Signature of Voter"; and
145          (d) a warning that the affidavit must be signed by the individual to whom the ballot
146     was sent and that the ballot will not be counted if the signature on the affidavit does not match
147     the signature on file with the election officer of the individual to whom the ballot was sent.
148          (5) If the election officer determines that the voter to whom the election officer mails a
149     ballot is required to show valid voter identification, the election officer [may] shall:
150          [(a) mail a ballot to the voter;]
151          [(b)] (a) instruct the voter to include a copy of the voter's valid voter identification with

152     the return ballot; and
153          [(c)] (b) provide instructions to the voter on how the voter may sign up to receive
154     electronic ballot status notifications via the ballot tracking system described in Section
155     20A-3a-401.5.
156          (6) An election officer who administers an election shall:
157          (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
158     election; or
159          (ii) obtain the signature of each voter within the voting precinct from the county clerk;
160     and
161          (b) maintain the signatures on file in the election officer's office.
162          (7) Upon receipt of a [returned] ballot returned by mail or deposited in a ballot drop
163     box, the election officer shall review and process the ballot under Section 20A-3a-401.
164          (8) A county that administers an election primarily by mail:
165          (a) shall provide at least one election day voting center in accordance with Chapter 3a,
166     Part 7, Election Day Voting Center, and at least one additional election day voting center for
167     every 5,000 active voters in the county who have requested to not receive a ballot by mail;
168          (b) shall ensure that each election day voting center operated by the county has at least
169     one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
170     Pub. L. No. 107-252, for individuals with disabilities;
171          (c) may reduce the early voting period described in Section 20A-3a-601, if:
172          (i) the county clerk conducts early voting on at least four days;
173          (ii) the early voting days are within the period [beginning on the date that is 14 days
174     before the date of the election and ending on the day before the election] described in
175     Subsection 20A-3a-601(2); and
176          (iii) the county clerk provides notice of the reduced early voting period in accordance
177     with Section 20A-3a-604;
178          (d) is not required to pay return postage for a ballot; and
179          (e) is subject to an audit conducted under Subsection (9).
180          (9) (a) The lieutenant governor shall:
181          (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
182     an election conducted under this section; and

183          (ii) after each primary, general, or special election conducted under this section, select
184     a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
185     developed under Subsection (9)(a)(i).
186          (b) The lieutenant governor shall post the results of an audit conducted under this
187     Subsection (9) on the lieutenant governor's website.
188          (10) For an election conducted primarily by mail:
189          (a) [An] an individual may request that the election officer not send the individual a
190     ballot by mail in the next and subsequent elections by submitting a written request to the
191     election officer[.];
192          (b) [An] an individual shall submit the request described in Subsection (10)(a) to the
193     election officer before 5 p.m. no later than 60 days before an election if the individual does not
194     wish to receive a ballot by mail in that election[.];
195          (c) [An] an election officer who receives a request from an individual under Subsection
196     (10)(a):
197          (i) shall remove the individual's name from the list of voters who will receive a ballot
198     by mail; and
199          (ii) may not send the individual a ballot by mail for:
200          (A) the next election, if the individual submits the request described in Subsection
201     (10)(a) before the deadline described in Subsection (10)(b); or
202          (B) an election after the election described in Subsection (10)(c)(ii)(A)[.]; and
203          (d) [An] an individual who submits a request under Subsection (10)(a) may resume the
204     individual's receipt of a ballot by mail by submitting a written request to the election officer.
205          (11) An election officer who conducts elections primarily by mail shall, each
206     December, mail a form to each active voter in the election officer's jurisdiction asking the voter
207     to:
208          (a) verify that the address on record for the voter is the voter's current address; or
209          (b) provide the voter's current address.
210          Section 2. Section 20A-3a-202.1 is enacted to read:
211          20A-3a-202.1. Request for mail-in ballot for election conducted primarily by
212     in-person voting.
213          (1) As used in this section, "form" means the mail-in ballot request form described in

214     Subsection (2).
215          (2) The lieutenant governor shall design, and provide to election officers in the state, an
216     electronic copy of a mail-in ballot request form that an individual may use to request a mail-in
217     ballot for an election conducted primarily by in-person voting.
218          (3) An election officer shall make the form available:
219          (a) at the election officer's office; and
220          (b) on the website for the jurisdiction for which the election is held.
221          (4) If, at least 11 days before the date of the election, an election officer receives a form
222     completed by a voter who is eligible to vote in the election, the election officer shall, no later
223     than seven days before the date of the election, mail to the voter the items and information
224     described in Subsections 20A-3a-202(2)(a)(i)(A), (B), (C), (D), and (F).