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7 LONG TITLE
8 General Description:
9 This bill creates the Office of Election Crimes and Security.
10 Highlighted Provisions:
11 This bill:
12 ▸ defines terms;
13 ▸ establishes the Office of Election Crimes and Security;
14 ▸ establishes powers and duties related to the office described above; and
15 ▸ requires the office described above to report annually to the Government Operations
16 Interim Committee and the governor.
17 Money Appropriated in this Bill:
18 None
19 Other Special Clauses:
20 None
21 Utah Code Sections Affected:
22 ENACTS:
23 63A-19-101, Utah Code Annotated 1953
24 63A-19-201, Utah Code Annotated 1953
25 63A-19-202, Utah Code Annotated 1953
26 63A-19-203, Utah Code Annotated 1953
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28 Be it enacted by the Legislature of the state of Utah:
29 Section 1. Section 63A-19-101 is enacted to read:
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31 63A-19-101. Definitions.
32 (1) "Director" means the director of the office.
33 (2) "Office" means the Office of Election Crimes and Security, created in Subsection
34 63A-19-201(1).
35 Section 2. Section 63A-19-201 is enacted to read:
36 63A-19-201. Creation of office -- Director appointed -- Powers of the director and
37 the office -- Personnel.
38 (1) There is created within the department the "Office of Election Crimes and
39 Security."
40 (2) The office is under the direction and control of a director appointed by the
41 executive director with approval of the governor.
42 (3) The office shall administer and enforce this chapter.
43 (4) The executive director shall establish the salary of the director in accordance with
44 standards established by the Division of Human Resource Management.
45 (5) The director:
46 (a) shall employ investigators to conduct investigations; and
47 (b) may employ personnel necessary to carry out the duties and responsibilities of the
48 office at salaries determined by the director in accordance with standards established by the
49 Division of Human Resource Management.
50 Section 3. Section 63A-19-202 is enacted to read:
51 63A-19-202. Purpose and duties of the office.
52 (1) The purpose of the office is to:
53 (a) receive and review notices and reports generated by a government official or
54 another person regarding alleged occurrences of election law violations or election
55 irregularities in this state; and
56 (b) initiate independent inquiries and conduct preliminary investigations into
57 allegations of election law violations or election irregularities in this state.
58 (2) The office may:
59 (a) review complaints and conduct preliminary investigations into alleged violations of
60 an election law or rule; and
61 (b) refer matters to the attorney general, a county or district prosecutor, or a law
62 enforcement agency for further investigation or prosecution.
63 (3) This section does not limit the jurisdiction of any other office or agency of the state
64 empowered by law to investigate, act upon, or dispose of alleged election law violations.
65 Section 4. Section 63A-19-203 is enacted to read:
66 63A-19-203. Reporting.
67 (1) Beginning in 2025, before September 1, the office shall annually prepare and
68 submit a written report to the Government Operations Interim Committee and the governor
69 that:
70 (a) describes the office's work during the preceding year; and
71 (b) details information on investigations of alleged election law violations or election
72 irregularities conducted during the preceding calendar year, including:
73 (i) the total number of complaints received and independent investigations initiated;
74 and
75 (ii) the number of complaints referred to another agency for further investigation or
76 prosecution.
77 (2) For each alleged violation or irregularity investigated, the report shall include:
78 (a) the source of the alleged violation or irregularity;
79 (b) the law or rule allegedly violated or the nature of the irregularity reported;
80 (c) the county in which the alleged violation or irregularity occurred;
81 (d) whether the alleged violation or irregularity was referred to another agency for
82 further investigation or prosecution, and if so, to which agency; and
83 (e) the current status of the investigation or resulting criminal case.
84 Section 5. Effective date.
85 This bill takes effect on May 1, 2024.