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7 LONG TITLE
8 Committee Note:
9 The Government Operations Interim Committee recommended this bill.
10 Legislative Vote: 16 voting for 0 voting against 0 absent
11 General Description:
12 This bill addresses voting procedures for emergency responders.
13 Highlighted Provisions:
14 This bill:
15 ▸ defines terms;
16 ▸ authorizes a registered voter assisting with an emergency on the date of an election
17 to cast an electronic ballot if the area affected by the emergency is located outside
18 the voter's county of residence;
19 ▸ requires a voter described above to submit a declaration to an election officer
20 affirming the voter's eligibility to cast an electronic ballot;
21 ▸ requires the lieutenant governor to submit an annual report to the Government
22 Operations Interim Committee; and
23 ▸ makes technical and conforming changes.
24 Money Appropriated in this Bill:
25 None
26 Other Special Clauses:
27 None
28 Utah Code Sections Affected:
29 AMENDS:
30 20A-3a-201, as last amended by Laws of Utah 2022, Chapter 18
31 ENACTS:
32 20A-3a-901, Utah Code Annotated 1953
33 20A-3a-902, Utah Code Annotated 1953
34 20A-3a-903, Utah Code Annotated 1953
35 20A-3a-904, Utah Code Annotated 1953
36 20A-3a-905, Utah Code Annotated 1953
37 20A-3a-906, Utah Code Annotated 1953
38 20A-3a-907, Utah Code Annotated 1953
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40 Be it enacted by the Legislature of the state of Utah:
41 Section 1. Section 20A-3a-201 is amended to read:
42 20A-3a-201. Voting methods.
43 (1) Except for an election conducted entirely by mail under Section 20A-7-609.5, a
44 voter may vote as follows:
45 (a) by mail;
46 (b) at a polling place during early voting hours;
47 (c) at a polling place on election day when the polls are open;
48 (d) if the voter is an individual with a disability, by voting remotely, via a mechanical
49 ballot or via electronic means if approved by the election officer;
50 (e) electronically or via a federal write-in absentee ballot if the voter is a covered voter,
51 as defined in Section 20A-16-102; [
52 (f) electronically if the voter is an emergency responder voter, as defined in Section
53 20A-3a-901; or
54 [
55 (2) A voter may not vote at a polling place if the voter voted by mail or in a manner
56 described in Subsections (1)(d) through [
57 Section 2. Section 20A-3a-901 is enacted to read:
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59 20A-3a-901. Definitions.
60 As used in this part:
61 (1) "Emergency" means:
62 (a) a severe weather event;
63 (b) a natural disaster;
64 (c) an act of terrorism;
65 (d) civil unrest; or
66 (e) another event that:
67 (i) injures, or threatens to injure, an individual or property; or
68 (ii) poses a threat to life or public safety.
69 (2) "Emergency responder" means an individual who provides service, assistance, or
70 support in response to an emergency.
71 (3) "Emergency responder voter" means a registered voter who:
72 (a) is an emergency responder; and
73 (b) is temporarily assigned by a government agency, a nongovernment relief agency, or
74 by an employer to an area affected by an emergency that is outside the voter's county of
75 residence, if:
76 (i) the assignment begins before the date of the election; and
77 (ii) the assignment is expected to continue until after the date of the election.
78 Section 3. Section 20A-3a-902 is enacted to read:
79 20A-3a-902. Application to elections.
80 (1) The voting procedures in this part apply to an election authorized by this title.
81 (2) An emergency responder voter may cast an electronic ballot in accordance with this
82 part.
83 Section 4. Section 20A-3a-903 is enacted to read:
84 20A-3a-903. Duties of lieutenant governor.
85 The lieutenant governor shall:
86 (1) assist election officers in implementing this part;
87 (2) make available to emergency responder voters information regarding procedures for
88 casting electronic ballots;
89 (3) utilize the electronic transmission system described in Subsection 20A-16-201(3) to
90 allow an emergency responder voter to apply for, receive, and submit an electronic ballot and
91 related material; and
92 (4) prescribe the form of the declaration described in Section 20A-3a-907.
93 Section 5. Section 20A-3a-904 is enacted to read:
94 20A-3a-904. Reports on ballots.
95 (1) No later than 60 days after the date of an election, an election officer shall submit a
96 report to the lieutenant governor indicating:
97 (a) the number of ballots sent to emergency responder voters; and
98 (b) the number of ballots returned by emergency responder voters that were counted.
99 (2) Beginning on January 1, 2025, the lieutenant governor shall submit a report to the
100 Government Operations Interim Committee that contains the information described in
101 Subsection (1) on or before May 31 of each year after the year in which an election is held.
102 Section 6. Section 20A-3a-905 is enacted to read:
103 20A-3a-905. Applying for an electronic ballot -- Timeliness -- Transmission of
104 blank ballots to voters.
105 (1) An emergency responder voter may apply for an electronic ballot:
106 (a) via the electronic transmission system described in Subsection 20A-16-201(3); or
107 (b) by otherwise making a request in writing to the election officer for the jurisdiction
108 to which the ballot relates.
109 (2) An application for an electronic ballot under this section is timely if received by the
110 election officer before 5 p.m. the day before the date of the election.
111 (3) Upon receipt of an application described in Subsection (1), the election officer shall
112 transmit to the voter the ballot, the declaration described in Section 20A-3a-907, and, if the
113 election includes a ballot proposition, the ballot proposition insert:
114 (a) if the election officer receives the application before or during the time period for
115 mailing ballots under Subsection 20A-3a-202(2)(a), no later than one business day after the last
116 day to mail ballots; or
117 (b) if the election officer receives the application after the time period for mailing
118 ballots under Subsection 20A-3a-202(2)(a), no later than one business day after the day on
119 which the election officer receives the application.
120 Section 7. Section 20A-3a-906 is enacted to read:
121 20A-3a-906. Timely casting of ballot.
122 Subject to Subsection 20A-3a-907, an electronic ballot under this part is valid if:
123 (1) received by the election officer no later than the close of the polls; or
124 (2) submitted electronically no later than 8 p.m. on the date of the election.
125 Section 8. Section 20A-3a-907 is enacted to read:
126 20A-3a-907. Declaration.
127 An electronic ballot under this part shall include or be accompanied by:
128 (1) a description of the eligibility requirements for casting an electronic ballot under
129 this part;
130 (2) a declaration signed by the voter that the voter meets the eligibility requirements
131 described in Subsection (1); and
132 (3) a warning that a material misstatement in making the representations described in
133 Subsection (2) may be grounds for a conviction of perjury under the laws of the United States
134 or Title 76, Chapter 8, Part 5, Falsification in Official Matters.
135 Section 9. Effective date.
136 This bill takes effect on May 1, 2024.