H.B. 448
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: T.R. Vaughn 6
6 02-13-23 7:23 AM 6
H.B. 448
1 ELECTION CHANGES
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: A. Cory Maloy
5 Senate Sponsor: Michael S. Kennedy
6
7LONG TITLE
8General Description:
9 This bill amends provisions of the Election Code and the authority of the lieutenant
10governor over elections.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <modifies and describes the supervisory and oversight authority of the lieutenant
15governor over elections;
16 <provides the lieutenant governor with access to records, facilities, equipment, staff,
17and meetings to assist the lieutenant governor in fulfilling the supervisory and
18oversight authority described above;
19 <provides a process and method for the lieutenant governor to enforce compliance
20with the provisions of election law;
21 <requires the lieutenant governor to provide, and certain election administrators and
22employees to complete, training relating to conducting elections;
23 <addresses requirements for audits of election processes;
24 <modifies publication dates for certain ballot statistics;
25 <requires certain studies relating to elections;
26 <grants rulemaking authority to the lieutenant governor in relation to:
27 Ctraining;
*HB0448* H.B. 448 02-13-23 7:23 AM
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28 Caudits;
29 Cmaintaining and updating the statewide voter registration system and database;
30 Cconducting elections;
31 Csignature comparison and verification;
32 Calternative methods of identity verification; and
33 Cchain of custody and ballot reconciliation;
34 <modifies provisions relating to the statewide voter registration system and database,
35including requirements relating to maintenance and updates;
36 <establishes requirements to ensure accessibility of the election system in relation to
37a person with a disability;
38 <modifies ballot curing requirements;
39 <enacts ballot chain of custody and reconciliation requirements;
40 <requires uniformity of certain election processes and records; and
41 <makes technical and conforming changes.
42Money Appropriated in this Bill:
43 None
44Other Special Clauses:
45 None
46Utah Code Sections Affected:
47AMENDS:
48 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
49 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64
50 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117
51 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
52 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
53 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100
54 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380
55 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
56 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
57 53-18-103, as last amended by Laws of Utah 2022, Chapter 367
58 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18 02-13-23 7:23 AM H.B. 448
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59ENACTS:
60 20A-1-105, Utah Code Annotated 1953
61 20A-1-106, Utah Code Annotated 1953
62 20A-1-107, Utah Code Annotated 1953
63 20A-2-501, Utah Code Annotated 1953
64 20A-2-507, Utah Code Annotated 1953
65 20A-3a-106, Utah Code Annotated 1953
66 20A-3a-401.1, Utah Code Annotated 1953
67 20A-3a-402.5, Utah Code Annotated 1953
68 20A-4-109, Utah Code Annotated 1953
69RENUMBERS AND AMENDS:
70 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018,
71Chapter 19)
72 20A-2-503, (Renumbered from 20A-2-304.5, as last amended by Laws of Utah 2012,
73Chapter 52)
74 20A-2-504, (Renumbered from 20A-2-305, as last amended by Laws of Utah 2022,
75Chapter 121)
76 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022,
77Chapter 121)
78 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022,
79Chapter 156)
80REPEALS:
81 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1
82
83Be it enacted by the Legislature of the state of Utah:
84 Section 1. Section 20A-1-102 is amended to read:
85 20A-1-102. Definitions.
86 As used in this title:
87 (1) "Active voter" means a registered voter who has not been classified as an inactive
88voter by the county clerk.
89 (2) "Automatic tabulating equipment" means apparatus that automatically examines H.B. 448 02-13-23 7:23 AM
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90and counts votes recorded on ballots and tabulates the results.
91 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
92storage medium, that records an individual voter's vote.
93 (b) "Ballot" does not include a record to tally multiple votes.
94 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
95on the ballot for their approval or rejection including:
96 (a) an opinion question specifically authorized by the Legislature;
97 (b) a constitutional amendment;
98 (c) an initiative;
99 (d) a referendum;
100 (e) a bond proposition;
101 (f) a judicial retention question;
102 (g) an incorporation of a city or town; or
103 (h) any other ballot question specifically authorized by the Legislature.
104 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
105together using staples or another means in at least three places across the top of the paper in the
106blank space reserved for securing the paper.
107 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
10820A-4-306 to canvass election returns.
109 (7) "Bond election" means an election held for the purpose of approving or rejecting
110the proposed issuance of bonds by a government entity.
111 (8) "Business reply mail envelope" means an envelope that may be mailed free of
112charge by the sender.
113 (9) "Canvass" means the review of election returns and the official declaration of
114election results by the board of canvassers.
115 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
116the canvass.
117 (11) "Contracting election officer" means an election officer who enters into a contract
118or interlocal agreement with a provider election officer.
119 (12) "Convention" means the political party convention at which party officers and
120delegates are selected. 02-13-23 7:23 AM H.B. 448
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121 (13) "Counting center" means one or more locations selected by the election officer in
122charge of the election for the automatic counting of ballots.
123 (14) "Counting judge" means a poll worker designated to count the ballots during
124election day.
125 (15) "Counting room" means a suitable and convenient private place or room for use
126by the poll workers and counting judges to count ballots.
127 (16) "County officers" means those county officers that are required by law to be
128elected.
129 (17) "Date of the election" or "election day" or "day of the election":
130 (a) means the day that is specified in the calendar year as the day that the election
131occurs; and
132 (b) does not include:
133 (i) deadlines established for voting by mail, military-overseas voting, or emergency
134voting; or
135 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
136Voting.
137 (18) "Elected official" means:
138 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
139Municipal Alternate Voting Methods Pilot Project;
140 (b) a person who is considered to be elected to a municipal office in accordance with
141Subsection 20A-1-206(1)(c)(ii); or
142 (c) a person who is considered to be elected to a local district office in accordance with
143Subsection 20A-1-206(3)(b)(ii).
144 (19) "Election" means a regular general election, a municipal general election, a
145statewide special election, a local special election, a regular primary election, a municipal
146primary election, and a local district election.
147 (20) "Election Assistance Commission" means the commission established by the Help
148America Vote Act of 2002, Pub. L. No. 107-252.
149 (21) "Election cycle" means the period beginning on the first day persons are eligible to
150file declarations of candidacy and ending when the canvass is completed.
151 (22) "Election judge" means a poll worker that is assigned to: H.B. 448 02-13-23 7:23 AM
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152 (a) preside over other poll workers at a polling place;
153 (b) act as the presiding election judge; or
154 (c) serve as a canvassing judge, counting judge, or receiving judge.
155 (23) "Election officer" means:
156 (a) the lieutenant governor, for all statewide ballots and elections;
157 (b) the county clerk for:
158 (i) a county ballot and election; and
159 (ii) a ballot and election as a provider election officer as provided in Section
16020A-5-400.1 or 20A-5-400.5;
161 (c) the municipal clerk for:
162 (i) a municipal ballot and election; and
163 (ii) a ballot and election as a provider election officer as provided in Section
16420A-5-400.1 or 20A-5-400.5;
165 (d) the local district clerk or chief executive officer for:
166 (i) a local district ballot and election; and
167 (ii) a ballot and election as a provider election officer as provided in Section
16820A-5-400.1 or 20A-5-400.5; or
169 (e) the business administrator or superintendent of a school district for:
170 (i) a school district ballot and election; and
171 (ii) a ballot and election as a provider election officer as provided in Section
17220A-5-400.1 or 20A-5-400.5.
173 (24) "Election official" means any election officer, election judge, or poll worker.
174 (25) "Election results" means:
175 (a) for an election other than a bond election, the count of votes cast in the election and
176the election returns requested by the board of canvassers; or
177 (b) for bond elections, the count of those votes cast for and against the bond
178proposition plus any or all of the election returns that the board of canvassers may request.
179 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
180registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
181ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
182the total votes cast form. 02-13-23 7:23 AM H.B. 448
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183 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
184or logically associated with a record and executed or adopted by a person with the intent to sign
185the record.
186 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
187clerk under Subsection [20A-2-306(4)(c)(i) or (ii)] 20A-2-505(4)(c)(i) or (ii).
188 (29) "Judicial office" means the office filled by any judicial officer.
189 (30) "Judicial officer" means any justice or judge of a court of record or any county
190court judge.
191 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
192Local Government Entities - Local Districts, and includes a special service district under Title
19317D, Chapter 1, Special Service District Act.
194 (32) "Local district officers" means those local district board members that are required
195by law to be elected.
196 (33) "Local election" means a regular county election, a regular municipal election, a
197municipal primary election, a local special election, a local district election, and a bond
198election.
199 (34) "Local political subdivision" means a county, a municipality, a local district, or a
200local school district.
201 (35) "Local special election" means a special election called by the governing body of a
202local political subdivision in which all registered voters of the local political subdivision may
203vote.
204 (36) "Manual ballot" means a paper document produced by an election officer on
205which an individual records an individual's vote by directly placing a mark on the paper
206document using a pen or other marking instrument.
207 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
208mechanical record, that:
209 (a) is created via electronic or mechanical means; and
210 (b) records an individual voter's vote cast via a method other than an individual directly
211placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
212 (38) "Municipal executive" means:
213 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102; H.B. 448 02-13-23 7:23 AM
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214 (b) the mayor in the council-manager form of government defined in Subsection
21510-3b-103(7); or
216 (c) the chair of a metro township form of government defined in Section 10-3b-102.
217 (39) "Municipal general election" means the election held in municipalities and, as
218applicable, local districts on the first Tuesday after the first Monday in November of each
219odd-numbered year for the purposes established in Section 20A-1-202.
220 (40) "Municipal legislative body" means:
221 (a) the council of the city or town in any form of municipal government; or
222 (b) the council of a metro township.
223 (41) "Municipal office" means an elective office in a municipality.
224 (42) "Municipal officers" means those municipal officers that are required by law to be
225elected.
226 (43) "Municipal primary election" means an election held to nominate candidates for
227municipal office.
228 (44) "Municipality" means a city, town, or metro township.
229 (45) "Official ballot" means the ballots distributed by the election officer for voters to
230record their votes.
231 (46) "Official endorsement" means the information on the ballot that identifies:
232 (a) the ballot as an official ballot;
233 (b) the date of the election; and
234 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
235facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
236 (ii) for a ballot prepared by a county clerk, the words required by Subsection
23720A-6-301(1)(b)(iii).
238 (47) "Official register" means the official record furnished to election officials by the
239election officer that contains the information required by Section 20A-5-401.
240 (48) "Political party" means an organization of registered voters that has qualified to
241participate in an election by meeting the requirements of Chapter 8, Political Party Formation
242and Procedures.
243 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
244election, voting, or counting votes. 02-13-23 7:23 AM H.B. 448
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245 (b) "Poll worker" includes election judges.
246 (c) "Poll worker" does not include a watcher.
247 (50) "Pollbook" means a record of the names of voters in the order that they appear to
248cast votes.
249 (51) "Polling place" means a building where voting is conducted.
250 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
251in which the voter marks the voter's choice.
252 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
2538, Presidential Primary Election.
254 (54) "Primary convention" means the political party conventions held during the year
255of the regular general election.
256 (55) "Protective counter" means a separate counter, which cannot be reset, that:
257 (a) is built into a voting machine; and
258 (b) records the total number of movements of the operating lever.
259 (56) "Provider election officer" means an election officer who enters into a contract or
260interlocal agreement with a contracting election officer to conduct an election for the
261contracting election officer's local political subdivision in accordance with Section
26220A-5-400.1.
263 (57) "Provisional ballot" means a ballot voted provisionally by a person:
264 (a) whose name is not listed on the official register at the polling place;
265 (b) whose legal right to vote is challenged as provided in this title; or
266 (c) whose identity was not sufficiently established by a poll worker.
267 (58) "Provisional ballot envelope" means an envelope printed in the form required by
268Section 20A-6-105 that is used to identify provisional ballots and to provide information to
269verify a person's legal right to vote.
270 (59) (a) "Public figure" means an individual who, due to the individual being
271considered for, holding, or having held a position of prominence in a public or private capacity,
272or due to the individual's celebrity status, has an increased risk to the individual's safety.
273 (b) "Public figure" does not include an individual:
274 (i) elected to public office; or
275 (ii) appointed to fill a vacancy in an elected public office. H.B. 448 02-13-23 7:23 AM
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276 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
277duties of the position for which the individual was elected.
278 (61) "Receiving judge" means the poll worker that checks the voter's name in the
279official register at a polling place and provides the voter with a ballot.
280 (62) "Registration form" means a form by which an individual may register to vote
281under this title.
282 (63) "Regular ballot" means a ballot that is not a provisional ballot.
283 (64) "Regular general election" means the election held throughout the state on the first
284Tuesday after the first Monday in November of each even-numbered year for the purposes
285established in Section 20A-1-201.
286 (65) "Regular primary election" means the election, held on the date specified in
287Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
288local school board positions to advance to the regular general election.
289 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
290 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
291provided to a voter with a manual ballot:
292 (a) into which the voter places the manual ballot after the voter has voted the manual
293ballot in order to preserve the secrecy of the voter's vote; and
294 (b) that includes the voter affidavit and a place for the voter's signature.
295 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
296published as provided in Section 20A-5-405.
297 (69) "Special election" means an election held as authorized by Section 20A-1-203.
298 (70) "Spoiled ballot" means each ballot that:
299 (a) is spoiled by the voter;
300 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
301 (c) lacks the official endorsement.
302 (71) "Statewide special election" means a special election called by the governor or the
303Legislature in which all registered voters in Utah may vote.
304 (72) "Tabulation system" means a device or system designed for the sole purpose of
305tabulating votes cast by voters at an election.
306 (73) "Ticket" means a list of: 02-13-23 7:23 AM H.B. 448
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307 (a) political parties;
308 (b) candidates for an office; or
309 (c) ballot propositions.
310 (74) "Transfer case" means the sealed box used to transport voted ballots to the
311counting center.
312 (75) "Vacancy" means the absence of a person to serve in any position created by
313statute, whether that absence occurs because of death, disability, disqualification, resignation,
314or other cause.
315 (76) "Valid voter identification" means:
316 (a) a form of identification that bears the name and photograph of the voter which may
317include:
318 (i) a currently valid Utah driver license;
319 (ii) a currently valid identification card that is issued by:
320 (A) the state; or
321 (B) a branch, department, or agency of the United States;
322 (iii) a currently valid Utah permit to carry a concealed weapon;
323 (iv) a currently valid United States passport; or
324 (v) a currently valid United States military identification card;
325 (b) one of the following identification cards, whether or not the card includes a
326photograph of the voter:
327 (i) a valid tribal identification card;
328 (ii) a Bureau of Indian Affairs card; or
329 (iii) a tribal treaty card; or
330 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
331the name of the voter and provide evidence that the voter resides in the voting precinct, which
332may include:
333 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
334election;
335 (ii) a bank or other financial account statement, or a legible copy thereof;
336 (iii) a certified birth certificate;
337 (iv) a valid social security card; H.B. 448 02-13-23 7:23 AM
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338 (v) a check issued by the state or the federal government or a legible copy thereof;
339 (vi) a paycheck from the voter's employer, or a legible copy thereof;
340 (vii) a currently valid Utah hunting or fishing license;
341 (viii) certified naturalization documentation;
342 (ix) a currently valid license issued by an authorized agency of the United States;
343 (x) a certified copy of court records showing the voter's adoption or name change;
344 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
345 (xii) a currently valid identification card issued by:
346 (A) a local government within the state;
347 (B) an employer for an employee; or
348 (C) a college, university, technical school, or professional school located within the
349state; or
350 (xiii) a current Utah vehicle registration.
351 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
352candidate by following the procedures and requirements of this title.
353 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
354 (a) mailing the ballot to the location designated in the mailing; or
355 (b) depositing the ballot in a ballot drop box designated by the election officer.
356 (79) "Voter" means an individual who:
357 (a) meets the requirements for voting in an election;
358 (b) meets the requirements of election registration;
359 (c) is registered to vote; and
360 (d) is listed in the official register book.
361 (80) "Voter registration deadline" means the registration deadline provided in Section
36220A-2-102.5.
363 (81) "Voting area" means the area within six feet of the voting booths, voting
364machines, and ballot box.
365 (82) "Voting booth" means:
366 (a) the space or compartment within a polling place that is provided for the preparation
367of ballots, including the voting enclosure or curtain; or
368 (b) a voting device that is free standing. 02-13-23 7:23 AM H.B. 448
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369 (83) "Voting device" means any device provided by an election officer for a voter to
370vote a mechanical ballot.
371 (84) "Voting precinct" means the smallest geographical voting unit, established under
372Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
373 (85) "Watcher" means an individual who complies with the requirements described in
374Section 20A-3a-801 to become a watcher for an election.
375 (86) "Write-in ballot" means a ballot containing any write-in votes.
376 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
377the ballot, in accordance with the procedures established in this title.
378 Section 2. Section 20A-1-105 is enacted to read:
379 Part 1. Elections: General Provisions and Election Oversight
380 20A-1-105. Chief election officer of the state -- Duties, authority, and
381enforcement.
382 (1) The lieutenant governor:
383 (a) is the chief election officer of the state;
384 (b) is responsible to oversee, and generally supervise, all elections and functions
385relating to elections in the state; and
386 (c) shall ensure that each election officer complies with all legal requirements relating
387to elections, including:
388 (i) Public Law 103-31, the National Voter Registration Act of 1993;
389 (ii) Public Law 107-252, the Help America Vote Act of 2002;
390 (iii) all other applicable provisions of federal law and rule relating to elections;
391 (iv) state law relating to elections;
392 (v) the requirements of this title; and
393 (vi) rules made under this title.
394 (2) To the extent that the lieutenant governor determines the following is useful in
395fulfilling the responsibilities described in Subsection (1), the lieutenant governor and the
396lieutenant governor's staff have:
397 (a) full access to closely observe, examine, and copy all records, documents,
398recordings, and other information in the custody or control of an election officer or a board of
399canvassers; H.B. 448 02-13-23 7:23 AM
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400 (b) full access to closely observe, examine, and copy all voter registration records,
401ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
402custody or control of an election officer or a board of canvassers;
403 (c) full access to closely observe and examine all facilities, storage areas, equipment,
404and materials in the custody or control of an election officer or a board of canvassers;
405 (d) full access to all staff, including full-time, part-time, and volunteer staff of an
406election officer or a board of canvassers;
407 (e) full access to closely observe, examine, and copy all records and information
408relating to election audits that are conducted, directed, or commissioned by a county clerk;
409 (f) the right to attend any meeting, including a closed meeting, relating to a matter
410within the scope of authority or responsibility of the lieutenant governor described in this
411chapter or Subsection 67-1a-2(2); and
412 (g) the right to closely observe and examine any work or other process relating to a
413matter within the scope of authority or responsibility of the lieutenant governor described in
414this chapter or Subsection 67-1a-2(2).
415 (3) An election officer and an election officer's staff shall fully assist, and cooperate
416with, the lieutenant governor and the lieutenant governor's staff in:
417 (a) fulfillment, by the lieutenant governor, of the responsibilities described in
418Subsection (1); and
419 (b) obtaining the access and exercising the rights described in Subsection (2).
420 (4) If the lieutenant governor or a member of the lieutenant governor's staff determines
421that an election officer is in violation of a law or rule described in Subsection (1)(c), the
422lieutenant governor or the lieutenant governor's staff shall, in an effort to remedy the violation
423and bring the election officer into compliance with the law or rule:
424 (a) consult with the election officer; and
425 (b) provide training and other assistance to the election officer to the extent the
426lieutenant governor or the lieutenant governor's staff determines warranted.
427 (5) If a violation continues after the lieutenant governor or the lieutenant governor's
428staff complies with Subsection (4), the lieutenant governor shall issue a written order to the
429election officer that:
430 (a) describes the violation; 02-13-23 7:23 AM H.B. 448
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431 (b) describes the action taken under Subsection (4) to remedy the violation and bring
432the election officer into compliance with the law or rule;
433 (c) directs the election officer to remedy and cease the violation;
434 (d) describes the specific actions the election officer must take to comply with the
435order;
436 (e) states the deadline for the election officer to comply with the order; and
437 (f) describes the actions the election officer must take to verify compliance with the
438order.
439 (6) (a) An order described in Subsection (5) has the force of law.
440 (b) An election officer shall fully comply with an order described in Subsection (5)
441unless the election officer obtains a court order rescinding or modifying the order in accordance
442with Subsections (7) through (9).
443 (7) An election officer desiring to seek a court order described in Subsection (6) shall
444file an action seeking a court order within 10 days after the day on which the lieutenant
445governor issues the order described in Subsection (5).
446 (8) A court may not rescind or modify an order described in Subsection (5) unless, and
447only to the extent that:
448 (a) the order is arbitrary or capricious;
449 (b) the court finds that the violation alleged by the lieutenant governor did not occur; or
450 (c) the court determines that the violation alleged by the lieutenant governor is not a
451violation of law or rule.
452 (9) An election officer who files an action described in Subsection (7) has the burden
453of proof.
454 (10) This section does not prohibit the lieutenant governor from bringing a legal action,
455at any time, to compel an election officer to comply with the law and rules described in
456Subsection (1).
457 Section 3. Section 20A-1-106 is enacted to read:
458 20A-1-106. Elections training -- Training required -- Reimbursement.
459 (1) As used in this section, "election administrator" means:
460 (a) a county clerk; and
461 (b) if the county clerk employs one or more individuals who assist with elections: H.B. 448 02-13-23 7:23 AM
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462 (i) the most senior employee who assists with elections; or
463 (ii) if more than one employee qualifies as the most senior employee under Subsection
464(1)(b)(i), one of those employees, as designated by the election officer.
465 (2) The lieutenant governor shall, in accordance with this section:
466 (a) design and provide training to election officers and government workers who
467perform functions relating to elections; and
468 (b) provide the training described in this section without charge to the officers and
469workers described in Subsection (2)(a).
470 (3) The training shall include:
471 (a) a course designed for election administrators:
472 (i) that consists of five sessions, with two courses for each session; and
473 (ii) for which the lieutenant governor may require live attendance; and
474 (b) a course designed for government workers, who perform functions relating to
475elections, that consists of modules relating to individual election processes.
476 (4) (a) An election administrator who was elected, appointed, or hired before May 3,
4772023, shall:
478 (i) begin the first session of a course described in Subsection (3)(a) before July 1, 2024;
479and
480 (ii) complete all five sessions within four years after the election administrator takes
481the first session.
482 (b) An election administrator who is elected, appointed, or hired on or after May 3,
4832023, shall:
484 (i) begin the first session of a course described in Subsection (3)(a) within one year
485after the day on which the election administrator is elected, appointed, or hired; and
486 (ii) complete all five sessions within four years after the election administrator takes
487the first session.
488 (c) The lieutenant governor may waive the requirement that an election administrator
489take the training described in Subsection (3)(a), or a certain portion of the training described in
490Subsection (3)(a), if the election administrator has completed another training course that:
491 (i) is approved by the lieutenant governor;
492 (ii) covers the training, or the portion of the training, waived; 02-13-23 7:23 AM H.B. 448
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493 (iii) is developed in conjunction with an institution of higher education located in Utah;
494and
495 (iv) focuses primarily on elections conducted in Utah.
496 (5) The lieutenant governor:
497 (a) shall reimburse an election administrator who is required under this section to
498attend the training described in Subsection (3)(a) per diem and travel expenses for attending the
499training, in accordance with:
500 (i) Section 63A-3-106;
501 (ii) Section 63A-3-107; and
502 (iii) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
50363A-3-107; and
504 (b) is not required to reimburse an election administrator for attending alternate
505training under Subsection (4)(c).
506 (6) An individual may not perform an election process for which the lieutenant
507governor has developed an online training module described in Subsection (3)(b), unless the
508individual has completed the training module developed for that election process.
509 (7) The director of elections, within the Office of the Lieutenant Governor, may make
510rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
511establishing requirements for:
512 (a) complying with the training requirements described in this section; and
513 (b) supplemental or refresher training that the lieutenant governor determines is needed
514to ensure the integrity of elections in the state.
515 Section 4. Section 20A-1-107 is enacted to read:
516 20A-1-107. Audits -- Studies relating to elections.
517 (1) Except as provided in Subsection (2):
518 (a) the director of elections within the Office of the Lieutenant Governor shall make
519rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
520establishing requirements and procedures for an audit described in this title; and
521 (b) an election officer shall ensure that, when an audit is conducted of work done
522during ballot processing, the individual who performs the audit does not audit the individual's
523own work. H.B. 448 02-13-23 7:23 AM
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524 (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
525general or the lieutenant governor.
526 (3) The lieutenant governor shall keep the Government Operations Interim Committee
527informed of advances in election technology that the committee may want to study for use in
528Utah's elections.
529 (4) The lieutenant governor shall:
530 (a) study methods to improve post-election audits to confirm that the election correctly
531identified the winning candidates, including evaluating:
532 (i) different risk-limiting audit methods; and
533 (ii) other confirmation methods; and
534 (b) at or before the last 2023 meeting of the Government Operations Interim
535Committee, report to the committee on:
536 (i) the methods studied; and
537 (ii) recommendations for post-election audit requirements.
538 (5) The Driver License Division shall, in cooperation with the lieutenant governor:
539 (a) study:
540 (i) the options for improving the quality of signatures collected by the Driver License
541Division that are used for signature verification in an election; and
542 (ii) the technology needs and costs associated with the options described in Subsection
543(5)(a)(i); and
544 (b) at or before the last 2023 meeting of the Government Operations Interim
545Committee, report to the committee on:
546 (i) the options, technology needs, and costs described in Subsection (5)(a); and
547 (ii) recommendations regarding the options described in Subsection (5)(a)(i).
548 Section 5. Section 20A-2-206 is amended to read:
549 20A-2-206. Electronic registration.
550 (1) The lieutenant governor shall create and maintain an electronic system that is
551publicly available on the Internet for an individual to apply for voter registration or
552preregistration.
553 (2) An electronic system for voter registration or preregistration shall require:
554 (a) that an applicant have a valid driver license or identification card, issued under Title 02-13-23 7:23 AM H.B. 448
- 19 -
55553, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
556of residence;
557 (b) that the applicant provide the information required by Section 20A-2-104, except
558that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
559and [(4)] (5);
560 (c) that the applicant attest to the truth of the information provided; and
561 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
562applicant's:
563 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
564Uniform Driver License Act, for voter registration purposes; or
565 (ii) signature on file in the lieutenant governor's statewide voter registration database
566developed under Section [20A-2-109] 20A-2-502.
567 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
568voter registration or preregistration created under this section is not required to complete a
569printed registration form.
570 (4) A system created and maintained under this section shall provide the notices
571concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
572 (5) The lieutenant governor shall:
573 (a) obtain a digital copy of the applicant's driver license or identification card signature
574from the Driver License Division; or
575 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
576statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
577 (6) The lieutenant governor shall send the information to the county clerk for the
578county in which the applicant's principal place of residence is found for further action as
579required by Section 20A-2-304 after:
580 (a) receiving all information from an applicant; and
581 (b) (i) receiving all information from the Driver License Division; or
582 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
583statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
584 (7) The lieutenant governor may use additional security measures to ensure the
585accuracy and integrity of an electronically submitted voter registration. H.B. 448 02-13-23 7:23 AM
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586 (8) If an individual applies to register under this section no later than 11 calendar days
587before the date of an election, the county clerk shall:
588 (a) accept and process the voter registration form;
589 (b) unless the individual named in the form is preregistering to vote:
590 (i) enter the applicant's name on the list of registered voters for the voting precinct in
591which the applicant resides; and
592 (ii) notify the individual that the individual is registered to vote in the upcoming
593election; and
594 (c) if the individual named in the form is preregistering to vote, comply with Section
59520A-2-101.1.
596 (9) If an individual applies to register under this section after the deadline described in
597Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
598 (a) accept the application for registration; and
599 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
600individual that the individual will not be registered to vote in the pending election, unless the
601individual registers to vote by provisional ballot during the early voting period, if applicable, or
602on election day, in accordance with Section 20A-2-207.
603 (10) The lieutenant governor shall provide a means by which a registered voter shall
604sign the application form.
605 Section 6. Section 20A-2-300.6 is amended to read:
606 Part 3. Voter Registration Responsibilities
607 20A-2-300.6. Voter registration activities -- Coordination among local, state, and
608federal officials.
609 [(1) The lieutenant governor is Utah's chief elections officer. (2)] The lieutenant
610governor shall:
611 [(a) oversee all of Utah's:]
612 [(i) voter registration activities; and]
613 [(ii) other responsibilities established by:]
614 [(A) Public Law 103-31, the National Voter Registration Act of 1993; and]
615 [(B) Public Law 107-252, the Help America Vote Act of 2002; and]
616 (1) oversee, manage, and coordinate all voter registration activities in the state; and 02-13-23 7:23 AM H.B. 448
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617 [(b)] (2) coordinate with local, state, and federal officials to ensure compliance with
618state and federal election laws.
619 [(3) The lieutenant governor, in cooperation with the county clerks, shall develop a
620general program to obtain change of address information in order to remove the names of
621ineligible voters from the official register.]
622 Section 7. Section 20A-2-501 is enacted to read:
623 20A-2-501. Definitions.
624 As used in this part:
625 (1) "Annual maintenance utility" means a tool within the system that:
626 (a) is designed to comply with Section 20A-2-305;
627 (b) a county clerk is required to run on an annual basis; and
628 (c) identifies each inactive voter and each voter to be removed from the voter
629registration database.
630 (2) "Database" means the statewide voter registration database, described in Subsection
63120A-2-502(1)(a) that:
632 (a) is maintained and updated via the system; and
633 (b) uses information relative to voter registration and voting, including information that
634is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another
635state.
636 (3) "Duplicate voter utility" means a tool within the system that runs a set of queries to
637identify potential duplicate voter records.
638 (4) "System" means the statewide voter registration system described in Subsection
63920A-2-502(1)(a), including the database and all information within the system or database.
640 (5) "Voter identification verification tool" means a tool within the system that
641compares data in a voter registration record to Driver License Division data and Social Security
642Administration data to verify voter identification.
643 Section 8. Section 20A-2-502, which is renumbered from Section 20A-2-109 is
644renumbered and amended to read:
645 [20A-2-109]. 20A-2-502. Statewide voter registration system --
646Maintenance and update of system -- Record security -- List of incarcerated felons --
647Public document showing compliance by county clerks. H.B. 448 02-13-23 7:23 AM
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648 (1) [(a) (i)] The lieutenant governor shall:
649 (a) develop, operate, and maintain a statewide voter registration [database.] system to
650be used by the lieutenant governor and county clerks to maintain an updated statewide voter
651registration database in accordance with this section and rules made under Section 20A-2-507;
652 (b) regularly update the system with information relevant to voter registration, as
653follows:
654 (i) on at least a weekly basis, information received from the Driver License Division in
655relation to:
656 (A) voter registration;
657 (B) a registered voter's change of address; or
658 (C) a registered voter's change of name;
659 (ii) on at least a weekly basis, the information described in Subsection 26-2-13(11)
660from the state registrar, regarding deceased individuals;
661 (iii) on at least a monthly basis, the information described in Subsection (3), received
662from the Department of Corrections regarding incarcerated individuals;
663 (iv) on at least a monthly basis, information received from other states, including
664information received under an agreement described in Subsection (2); and
665 (v) within 31 days after receiving information relevant to voter registration, other than
666the information described in Subsections (1)(b)(i) through (v);
667 (c) regularly monitor the system to ensure that each county clerk complies with the
668requirements of this part and rules made under Section 20A-2-507;
669 [(ii) (A) The lieutenant governor may compare the information in the statewide voter
670registration database with information submitted by a registered voter to a state agency to
671identify a change in a registered voter's principal place of residence or name.]
672 [(B)] (d) [The lieutenant governor shall] establish matching criteria and security
673measures for identifying a change described in Subsection [(1)(a)(ii)(A)] (1)(b) to ensure the
674accuracy of a voter registration record[.]; and
675 [(C)] (e) [The lieutenant governor shall] on at least a monthly basis:
676 (i) use the matching criteria and security measures described in Subsection (1)(d) to
677compare information in the database to identify duplicate data, contradictory data, and changes
678in data; 02-13-23 7:23 AM H.B. 448
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679 (ii) notify the applicable county clerk of the data identified; and
680 (iii) notify the county clerk of the county in which [the] a voter's principal place of
681residence is located of [the change in the] a change in a registered voter's principal place of
682residence or name.
683 [(b) Each county clerk shall utilize the statewide voter registration database when
684recording or modifying voter registration records.]
685 [(2) (a) The lieutenant governor shall establish and implement a procedure to maintain
686the accuracy of the statewide voter registration database by using information available from:]
687 [(i) a voter;]
688 [(ii) a governmental entity, as defined by Section 63G-2-103; or]
689 [(iii) another state.]
690 (2) [(b)] (a) Subject to Subsection [(2)(c)] (2)(b), the lieutenant governor may
691cooperate or enter into an agreement with a governmental entity or another state to share
692information [to implement the procedure established under Subsection (2)(a)] and increase the
693accuracy of the database.
694 [(c)] (b) For a record shared under Subsection [(2)(b)] (2)(a), the lieutenant governor
695shall ensure:
696 (i) that the record is only used to maintain the accuracy of [a voter registration] the
697database;
698 (ii) compliance with Section 63G-2-206; and
699 (iii) that the record is secure from unauthorized use by employing data encryption or
700another similar technology security system.
701 (3) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
702Utah.
703 (b) [(i)] The Department of Corrections shall provide the lieutenant governor's office
704with [a list of]:
705 (i) the name and last-known address of each [person] individual who:
706 (A) was convicted of a felony in a Utah state court; and
707 (B) is currently incarcerated for commission of a felony[.]; and
708 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
709and the method of transmitting the information after consultation with the Department of H.B. 448 02-13-23 7:23 AM
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710Corrections.]
711 [(c) (i)] (ii) [The Department of Corrections shall provide the lieutenant governor's
712office with a list containing] the name of each convicted felon who has been released from
713incarceration.
714 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
715and the method of transmitting the information after consultation with the Department of
716Corrections.]
717 (4) The lieutenant governor shall maintain on the lieutenant governor's website a
718document that:
719 (a) describes the utilities and tools within the system that a county clerk is required to
720run;
721 (b) describes the actions, if any, that a county clerk is required to take in relation to the
722results of running a utility or tool;
723 (c) lists, by date, the recurring deadlines by which a county clerk must comply with
724Subsection (4)(a) or (b); and
725 (d) indicates, by county:
726 (i) whether the county clerk timely complies with each deadline described in
727Subsection (4)(c); and
728 (ii) if the county clerk fails to timely comply with a deadline described in Subsection
729(4)(c), whether the county clerk subsequently complies with the deadline and the date on which
730the county clerk complies.
731 Section 9. Section 20A-2-503, which is renumbered from Section 20A-2-304.5 is
732renumbered and amended to read:
733 [20A-2-304.5]. 20A-2-503. County clerk's responsibilities -- Updating voter
734registration.
735 (1) (a) Each county clerk shall use the system to record or modify all voter registration
736records.
737 (b) A county clerk shall:
738 (i) at the time the county clerk enters a voter registration record into the system, run the
739system's voter identification verification tool in relation to the record; and
740 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the 02-13-23 7:23 AM H.B. 448
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741lieutenant governor the information described in Subsection 20A-2-502(4).
742 [(1)] (2) A county clerk who receives notification from the lieutenant governor, as
743provided in Subsection [20A-2-109(1)] 20A-2-502(1)(e), of a change in a registered voter's
744principal place of residence or name may verify the change with the registered voter.
745 [(2)] (3) Unless the county clerk verifies that a change described in Subsection [(1)] (2)
746is incorrect, the county clerk shall:
747 (a) change the voter registration record to show the registered voter's current name and
748address; and
749 (b) notify the registered voter of the change to the voter registration record.
750 (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
751 (a) on at least a monthly basis, run the duplicate voter utility and take the action
752required to resolve potential duplicate data identified by the utility; and
753 (b) every December, run the annual maintenance utility.
754 [(3)] (5) (a) If a voter does not vote in any election during the period beginning on the
755date of any regular general election and ending on the day after the date of the next regular
756general election, and the county clerk has not sent the voter a notice described in Section
757[20A-2-306] 20A-2-505 during the period, the county clerk shall, within 14 days after the
758period, send to the voter a preaddressed return form in substantially the following form:
759 "VOTER REGISTRATION ADDRESS"
760 To ensure the address on your voter registration is correct, please complete and return
761this form if your address has changed. What is your current street address?
762____________________________________________________________________________
763Street City County State ZIP
764___________________________
765Signature of Voter
766 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a
767postal service that will notify the county clerk if the voter has changed the voter's address.
768 Section 10. Section 20A-2-504, which is renumbered from Section 20A-2-305 is
769renumbered and amended to read:
770 [20A-2-305]. 20A-2-504. Removing names from the official register --
771General requirements. H.B. 448 02-13-23 7:23 AM
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772 (1) The county clerk may not remove a voter's name from the official register solely
773because the voter has failed to vote in an election.
774 (2) The county clerk shall remove a voter's name from the official register if:
775 (a) the voter dies and the requirements of Subsection (3) are met;
776 (b) the county clerk, after complying with the requirements of Section [20A-2-306]
77720A-2-505, receives written confirmation from the voter that the voter no longer resides within
778the county clerk's county;
779 [(c) the county clerk has:]
780 (c) (i) [obtained] the county clerk obtains evidence that the voter's residence has
781changed;
782 (ii) [mailed] the county clerk mails notice to the voter as required [by] under Section
783[20A-2-306] 20A-2-505;
784 (iii) the county clerk:
785 (A) [received] receives no response from the voter; or
786 (B) [not received] does not receive information that confirms the voter's residence; and
787 (iv) the voter [has failed to] does not vote or appear to vote in an election during the
788period beginning on the date of the notice described in Section [20A-2-306] 20A-2-505 and
789ending on the day after the date of the second regular general election occurring after the date
790of the notice;
791 (d) the voter requests, in writing, that the voter's name be removed from the official
792register;
793 (e) the county clerk receives notice that a voter has been convicted of any felony or a
794misdemeanor for an offense under this title and the voter's right to vote has not been restored as
795provided in Section 20A-2-101.3 or 20A-2-101.5; or
796 (f) the county clerk receives notice that a voter has registered to vote in another state
797after the day on which the voter registered to vote in this state.
798 (3) The county clerk shall remove a voter's name from the official register within five
799business days after the day on which the county clerk receives confirmation from the
800[Department of Health's Bureau] Office of Vital Records that the voter is deceased.
801 (4) No later than 90 days before each primary and general election, the county clerk
802shall update the official register by reviewing the official register and taking the actions 02-13-23 7:23 AM H.B. 448
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803permitted or required by law under this section, Section [20A-2-304.5] 20A-2-503, and Section
804[20A-2-306] 20A-2-505.
805 Section 11. Section 20A-2-505, which is renumbered from Section 20A-2-306 is
806renumbered and amended to read:
807 [20A-2-306]. 20A-2-505. Removing names from the official register --
808Determining and confirming change of residence.
809 (1) A county clerk may not remove a voter's name from the official register on the
810grounds that the voter has changed residence unless the voter:
811 (a) confirms in writing that the voter has changed residence to a place outside the
812county; or
813 (b) (i) [has not voted] does not vote in an election during the period beginning on the
814date of the notice [required by] described in Subsection (3), and ending on the day after the
815date of the second regular general election occurring after the date of the notice; and
816 (ii) [has failed to] does not respond to the notice [required by] described in Subsection
817(3).
818 (2) (a) [When a] Within 31 days after the day on which a county clerk obtains
819information that a voter's address has changed, [and] if it appears that the voter still resides
820within the same county, the county clerk shall:
821 (i) change the official register to show the voter's new address; and
822 (ii) send to the voter, by forwardable mail, the notice [required by] described in
823Subsection (3) [printed on a postage prepaid, preaddressed return form].
824 (b) When a county clerk obtains information that a voter's address has changed and it
825appears that the voter now resides in a different county, the county clerk shall verify the
826changed residence by sending to the voter, by forwardable mail, the notice [required by]
827described in Subsection (3), printed on a postage prepaid, preaddressed return form.
828 (3) (a) Each county clerk shall use substantially the following form to notify voters
829whose addresses have changed:
830 "VOTER REGISTRATION NOTICE
831 We have been notified that your residence has changed. Please read, complete, and
832return this form so that we can update our voter registration records. What is your current
833street address? H.B. 448 02-13-23 7:23 AM
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834___________________________________________________________________________
835Street City County State Zip
836 What is your current phone number (optional)?________________________________
837 What is your current email address (optional)?_________________________________
838 If you have not changed your residence or have moved but stayed within the same
839county, you must complete and return this form to the county clerk so that it is received by the
840county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
841return this form within that time:
842 - you may be required to show evidence of your address to the poll worker before being
843allowed to vote in either of the next two regular general elections; or
844 - if you fail to vote at least once from the date this notice was mailed until the passing
845of two regular general elections, you will no longer be registered to vote. If you have changed
846your residence and have moved to a different county in Utah, you may register to vote by
847contacting the county clerk in your county.
848________________________________________
849Signature of Voter
850 PRIVACY INFORMATION
851 Voter registration records contain some information that is available to the public, such
852as your name and address, some information that is available only to government entities, and
853some information that is available only to certain third parties in accordance with the
854requirements of law.
855 Your driver license number, identification card number, social security number, email
856address, full date of birth, and phone number are available only to government entities. Your
857year of birth is available to political parties, candidates for public office, certain third parties,
858and their contractors, employees, and volunteers, in accordance with the requirements of law.
859 You may request that all information on your voter registration records be withheld
860from all persons other than government entities, political parties, candidates for public office,
861and their contractors, employees, and volunteers, by indicating here:
862 _____ Yes, I request that all information on my voter registration records be withheld
863from all persons other than government entities, political parties, candidates for public office,
864and their contractors, employees, and volunteers. 02-13-23 7:23 AM H.B. 448
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865 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
866 In addition to the protections provided above, you may request that all information on
867your voter registration records be withheld from all political parties, candidates for public
868office, and their contractors, employees, and volunteers, by submitting a withholding request
869form, and any required verification, as described in the following paragraphs.
870 A person may request that all information on the person's voter registration records be
871withheld from all political parties, candidates for public office, and their contractors,
872employees, and volunteers, by submitting a withholding request form with this registration
873record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
874resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
875 A person may request that all information on the person's voter registration records be
876withheld from all political parties, candidates for public office, and their contractors,
877employees, and volunteers, by submitting a withholding request form and any required
878verification with this registration form, or to the lieutenant governor or a county clerk, if the
879person is, or resides with a person who is, a law enforcement officer, a member of the armed
880forces, a public figure, or protected by a protective order or a protection order."
881 (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
882section in substantially the following form:
883------------------------------------------------------------------------------------------------------------------
884 BALLOT NOTIFICATIONS
885 If you have provided a phone number or email address, you can receive notifications by
886text message or email regarding the status of a ballot that is mailed to you or a ballot that you
887deposit in the mail or in a ballot drop box, by indicating here:
888 ______ Yes, I would like to receive electronic notifications regarding the status of my
889ballot.
890------------------------------------------------------------------------------------------------------------------
891 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
892names of any voters from the official register during the 90 days before a regular primary
893election [and] or the 90 days before a regular general election.
894 (b) The county clerk may remove the names of voters from the official register during
895the 90 days before a regular primary election [and] or the 90 days before a regular general H.B. 448 02-13-23 7:23 AM
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896election if:
897 (i) the voter requests, in writing, that the voter's name be removed; or
898 (ii) the voter [has died] dies.
899 (c) (i) After a county clerk mails a notice [as required in] under this section, the county
900clerk [may] shall, unless otherwise prohibited by law, list that voter as inactive.
901 (ii) If a county clerk receives a returned voter identification card, determines that there
902was no clerical error causing the card to be returned, and has no further information to contact
903the voter, the county clerk [may] shall, unless otherwise prohibited by law, list that voter as
904inactive.
905 (iii) An inactive voter [shall be allowed to] may vote, sign petitions, and have all other
906privileges of a registered voter.
907 (iv) A county is not required to:
908 (A) send routine mailings to an inactive voter [and is not required to]; or
909 (B) count inactive voters when dividing precincts and preparing supplies.
910 (5) [Beginning on or before January 1, 2022, the] The lieutenant governor shall make
911available to a county clerk United States Social Security Administration data received by the
912lieutenant governor regarding deceased individuals.
913 (6) A county clerk shall, within ten business days after the day on which the county
914clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
915relating to a decedent whose name appears on the official register, remove the decedent's name
916from the official register.
917 (7) Ninety days before each primary and general election the lieutenant governor shall
918compare the information the lieutenant governor has received under Subsection 26-2-13(11)
919with the official register of voters to ensure that all deceased voters have been removed from
920the official register.
921 Section 12. Section 20A-2-506, which is renumbered from Section 20A-2-308 is
922renumbered and amended to read:
923 [20A-2-308]. 20A-2-506. Lieutenant governor and county clerks to
924preserve records.
925 (1) As used in this section:
926 (a) "Voter registration record" means a record concerning the implementation of 02-13-23 7:23 AM H.B. 448
- 31 -
927programs and activities conducted for the purpose of ensuring that the official register is
928accurate and current.
929 (b) "Voter registration record" does not include a record that:
930 (i) relates to a person's decision to decline to register to vote; or
931 (ii) identifies the particular public assistance agency, discretionary voter registration
932agency, or Driver License Division through which a particular voter registered to vote.
933 (2) The lieutenant governor and each county clerk shall:
934 (a) preserve for at least two years all records relating to voter registration, including:
935 (i) the official register; and
936 (ii) [the names and addresses of all persons] the name and address of each individual to
937whom the notice required by Section [20A-2-306] 20A-2-505 was sent and a notation [as to
938whether or not the person] regarding whether the individual responded to the notice;
939 (b) make a voter registration record available for public inspection, except for a voter
940registration record, or part of a voter registration record that is classified as private under
941Section 63G-2-302; and
942 (c) allow a record or part of a record described in Subsection (2)(b) that is not
943classified as a private record to be photocopied for a reasonable cost.
944 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
945the official register made at the following times:
946 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
947 (b) the day of the election; and
948 (c) the last day of the canvass.
949 Section 13. Section 20A-2-507 is enacted to read:
950 20A-2-507. Rulemaking authority relating to voter registration records.
951 The director of elections within the Office of the Lieutenant Governor shall make rules,
952in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
953 (1) to regulate the use, security, maintenance, data entry, and update of the system;
954 (2) establishing duties and deadlines for a county clerk to:
955 (a) ensure that the database is updated, accurate, and secure; and
956 (b) regularly report to the lieutenant governor the information described in Subsection
95720A-2-502(4); and H.B. 448 02-13-23 7:23 AM
- 32 -
958 (3) establishing requirements for a county clerk in relation to:
959 (a) running the utilities and tools in the system;
960 (b) actions that the county clerk is required to take in response to the matters identified,
961or the results produced, from running the utilities and tools; and
962 (c) documenting and reporting compliance with the requirements of this part and rules
963made under this section.
964 Section 14. Section 20A-3a-106 is enacted to read:
965 20A-3a-106. Rulemaking authority relating to conducting an election.
966 The director of elections, within the Office of the Lieutenant Governor, shall make
967rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
968establishing requirements for:
969 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and
970security of the envelopes, including requirements that a return envelope conceal a voter's
971signature, email address, and phone number from view when the envelope is sealed;
972 (2) complying with the signature comparison audit requirements described in Section
97320A-3a-402.5; and
974 (3) conducting and documenting the identity verification process described in
975Subsection 20A-3a-401(7)(b).
976 Section 15. Section 20A-3a-202 is amended to read:
977 20A-3a-202. Conducting election by mail.
978 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
979Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
980accordance with this section.
981 (b) An individual who did not provide valid voter identification at the time the voter
982registered to vote shall provide valid voter identification before voting.
983 (2) An election officer who administers an election:
984 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
985and no later than seven days before election day, mail to each active voter within a voting
986precinct:
987 (i) a manual ballot;
988 (ii) a return envelope; 02-13-23 7:23 AM H.B. 448
- 33 -
989 (iii) instructions for returning the ballot that include an express notice about any
990relevant deadlines that the voter must meet in order for the voter's vote to be counted;
991 (iv) for an election administered by a county clerk, information regarding the location
992and hours of operation of any election day voting center at which the voter may vote or a
993website address where the voter may view this information;
994 (v) for an election administered by an election officer other than a county clerk, if the
995election officer does not operate a polling place or an election day voting center, a warning, on
996a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
997instructions included with the ballot, the voter will be unable to vote in that election because
998there will be no polling place for the voting precinct on the day of the election; and
999 (vi) [after May 1, 2022,] instructions on how a voter may sign up to receive electronic
1000ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
1001 (b) may not mail a ballot under this section to:
1002 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1003 (ii) a voter whom the election officer is prohibited from sending a ballot under
1004Subsection [(10)(c)(ii);] [and] (9)(c)(ii);
1005 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
1006include instructions for returning the ballot if the individual to whom the election officer mails
1007the ballot does not live at the address to which the ballot is sent[.];
1008 (d) shall provide a method of accessible voting to a voter with a disability who is not
1009able to vote by mail; and
1010 (e) shall include, on the election officer's website and with each ballot mailed,
1011instructions regarding how a voter described in Subsection (2)(d) may vote.
1012 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1013the manual ballot to the address:
1014 (i) provided at the time of registration; or
1015 (ii) if, at or after the time of registration, the voter files an alternate address request
1016form described in Subsection (3)(b), the alternate address indicated on the form.
1017 (b) The lieutenant governor shall make available to voters an alternate address request
1018form that permits a voter to request that the election officer mail the voter's ballot to a location
1019other than the voter's residence. H.B. 448 02-13-23 7:23 AM
- 34 -
1020 (c) A voter shall provide the completed alternate address request form to the election
1021officer no later than 11 days before the day of the election.
1022 (4) The return envelope shall include:
1023 (a) the name, official title, and post office address of the election officer on the front of
1024the envelope;
1025 (b) a space where a voter may write an email address and phone number by which the
1026election officer may contact the voter if the voter's ballot is rejected;
1027 (c) a printed affidavit in substantially the following form:
1028 "County of ____State of ____
1029 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1030in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1031currently incarcerated for commission of a felony.
1032 ______________________________
1033 Signature of Voter"; and
1034 (d) a warning that the affidavit must be signed by the individual to whom the ballot
1035was sent and that the ballot will not be counted if the signature on the affidavit does not match
1036the signature on file with the election officer of the individual to whom the ballot was sent.
1037 (5) If the election officer determines that the voter is required to show valid voter
1038identification, the election officer may:
1039 (a) mail a ballot to the voter;
1040 (b) instruct the voter to include a copy of the voter's valid voter identification with the
1041return ballot; and
1042 (c) provide instructions to the voter on how the voter may sign up to receive electronic
1043ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
1044 (6) An election officer who administers an election shall:
1045 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
1046election; or
1047 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1048and
1049 (b) maintain the signatures on file in the election officer's office.
1050 (7) Upon receipt of a returned ballot, the election officer shall review and process the 02-13-23 7:23 AM H.B. 448
- 35 -
1051ballot under Section 20A-3a-401.
1052 (8) A county that administers an election:
1053 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
1054Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
1055additional election day voting center for every 5,000 active voters in the county who have
1056requested to not receive a ballot by mail;
1057 (b) shall ensure that each election day voting center operated by the county has at least
1058one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1059Pub. L. No. 107-252, for individuals with disabilities;
1060 (c) may reduce the early voting period described in Section 20A-3a-601, if:
1061 (i) the county clerk conducts early voting on at least four days;
1062 (ii) the early voting days are within the period beginning on the date that is 14 days
1063before the date of the election and ending on the day before the election; and
1064 (iii) the county clerk provides notice of the reduced early voting period in accordance
1065with Section 20A-3a-604;
1066 (d) is not required to pay return postage for a ballot; and
1067 (e) is subject to an audit conducted under Subsection (9).
1068 [(9) (a) The lieutenant governor shall:]
1069 [(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
1070an election conducted under this section; and]
1071 [(ii) after each primary, general, or special election conducted under this section, select
1072a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
1073developed under Subsection (9)(a)(i).]
1074 [(b) The lieutenant governor shall post the results of an audit conducted under this
1075Subsection (9) on the lieutenant governor's website.]
1076 [(10)] (9) (a) An individual may request that the election officer not send the individual
1077a ballot by mail in the next and subsequent elections by submitting a written request to the
1078election officer.
1079 (b) An individual shall submit the request described in Subsection [(10)(a)] (9)(a) to
1080the election officer before 5 p.m. no later than 60 days before an election if the individual does
1081not wish to receive a ballot by mail in that election. H.B. 448 02-13-23 7:23 AM
- 36 -
1082 (c) An election officer who receives a request from an individual under Subsection
1083[(10)(a)] (9)(a):
1084 (i) shall remove the individual's name from the list of voters who will receive a ballot
1085by mail; and
1086 (ii) may not send the individual a ballot by mail for:
1087 (A) the next election, if the individual submits the request described in Subsection
1088[(10)(a)] (9)(a) before the deadline described in Subsection [(10)(b)] (9)(b); or
1089 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (9)(c)(ii)(A).
1090 (d) An individual who submits a request under Subsection [(10)(a)] (9)(a) may resume
1091the individual's receipt of a ballot by mail by submitting a written request to the election
1092officer.
1093 Section 16. Section 20A-3a-401 is amended to read:
1094 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
1095Disposition -- Notice.
1096 (1) This section governs ballots returned by mail or via a ballot drop box.
1097 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
1098the custody of the poll workers in accordance with Subsection (2)(b).
1099 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
1100the return envelope to the signature of the voter in the voter registration records.
1101 (3) After complying with Subsection (2), the poll workers shall determine whether:
1102 (a) the signatures correspond;
1103 (b) the affidavit is sufficient;
1104 (c) the voter is registered to vote in the correct precinct;
1105 (d) the voter's right to vote the ballot has been challenged;
1106 (e) the voter has already voted in the election;
1107 (f) the voter is required to provide valid voter identification; and
1108 (g) if the voter is required to provide valid voter identification, whether the voter has
1109provided valid voter identification.
1110 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
1111workers determine [that]:
1112 [(i) the signatures correspond;] 02-13-23 7:23 AM H.B. 448
- 37 -
1113 (i) in accordance with the rules made under Subsection (9):
1114 (A) that the signature on the affidavit of the return envelope is reasonably consistent
1115with the individual's signature in the voter registration records; or
1116 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
1117individual's identity is verified by alternative means;
1118 (ii) that the affidavit is sufficient;
1119 (iii) that the voter is registered to vote in the correct precinct;
1120 (iv) that the voter's right to vote the ballot has not been challenged;
1121 (v) that the voter has not already voted in the election; and
1122 (vi) for a voter required to provide valid voter identification, that the voter has
1123provided valid voter identification.
1124 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
1125workers shall:
1126 (i) remove the manual ballot from the return envelope in a manner that does not
1127destroy the affidavit on the return envelope;
1128 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
1129with the return envelope; and
1130 (iii) place the ballot with the other ballots to be counted.
1131 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
1132the poll workers shall:
1133 (i) disallow the vote;
1134 (ii) without opening the return envelope, [mark across the face of the return envelope:]
1135record the ballot as "rejected" and state the reason for the rejection; and
1136 [(A) "Rejected as defective"; or]
1137 [(B) "Rejected as not a registered voter"; and]
1138 (iii) place the return envelope, unopened, with the other rejected return envelopes.
1139 (5) (a) If the poll workers reject an individual's ballot because the poll workers
1140determine, in accordance with rules made under Subsection (9), that the signature on the return
1141envelope [does not match] is not reasonably consistent with the individual's signature in the
1142voter registration records, the election officer shall:
1143 (i) contact the individual in accordance with Subsection [(7) by mail, email, text H.B. 448 02-13-23 7:23 AM
- 38 -
1144message, or phone, and] (6); and
1145 (ii) inform the individual:
1146 [(i)] (A) that the individual's signature is in question;
1147 [(ii)] (B) how the individual may resolve the issue; and
1148 [(iii)] (C) that, in order for the ballot to be counted, the individual is required to deliver
1149to the election officer a correctly completed affidavit, provided by the county clerk, that meets
1150the requirements described in Subsection [(5)(b)] (5)(c).
1151 (b) The election officer shall ensure that the information provided under Subsection
1152(5)(a) includes:
1153 (i) when communicating by mail, a printed copy of the affidavit described in
1154Subsection (5)(c) and a courtesy reply envelope;
1155 (ii) when communicating electronically, a link to a copy of the affidavit described in
1156Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
1157 (iii) when communicating by phone, either during a direct conversation with the voter
1158or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in
1159Subsection (5)(c), either in person from the clerk's office, by mail, or electronically.
1160 [(b)] (c) An affidavit described in Subsection [(5)(a)(iii)] (5)(a)(ii)(C) shall include:
1161 (i) an attestation that the individual voted the ballot;
1162 (ii) a space for the individual to enter the individual's name, date of birth, and driver
1163license number or the last four digits of the individual's social security number;
1164 (iii) a space for the individual to sign the affidavit; [and]
1165 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
1166governor's and county clerk's use of the individual's signature on the affidavit for voter
1167identification purposes[.]; and
1168 (v) a check box accompanied by language in substantially the following form:
1169 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
1170impacts my ability to sign my name consistently. I can provide appropriate documentation upon
1171request. To discuss accommodations, I can be contacted at __________________".
1172 [(c)] (d) In order for an individual described in Subsection (5)(a) to have the
1173individual's ballot counted, the individual shall deliver the affidavit described in Subsection
1174[(5)(b)] (5)(c) to the election officer. 02-13-23 7:23 AM H.B. 448
- 39 -
1175 [(d)] (e) An election officer who receives a signed affidavit under Subsection [(5)(c)]
1176(5)(d) shall immediately:
1177 (i) scan the signature on the affidavit electronically and keep the signature on file in the
1178statewide voter registration database developed under Section [20A-2-109; and] 20A-2-502;
1179 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
1180the day on which the canvass begins, count the individual's ballot[.]; and
1181 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
1182rules described in Subsection (9)(c).
1183 [(6) If the poll workers reject an individual's ballot for any reason, other than the reason
1184described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
1185accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
1186for the rejection.]
1187 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall
1188give the notice no later than:]
1189 [(a) if the election officer rejects the ballot before election day:]
1190 [(i) one business day after the day on which the election officer rejects the ballot, if the
1191election officer gives the notice by email or text message; or]
1192 [(ii) two business days after the day on which the election officer rejects the ballot, if
1193the election officer gives the notice by postal mail or phone;]
1194 [(b) seven days after election day if the election officer rejects the ballot on election
1195day; or]
1196 [(c) seven days after the canvass if the election officer rejects the ballot after election
1197day and before the end of the canvass.]
1198 (6) (a) The election officer shall, within two business days after the day on which an
1199individual's ballot is rejected, notify the individual of the rejection and the reason for the
1200rejection, by phone, mail, email, or SMS text message, unless:
1201 (i) the ballot is cured within one business day after the day on which the ballot is
1202rejected; or
1203 (ii) the ballot is rejected because the ballot is received late or for another reason that
1204cannot be cured.
1205 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii), H.B. 448 02-13-23 7:23 AM
- 40 -
1206the election officer shall notify the individual of the rejection and the reason for the rejection by
1207phone, mail, email, or SMS text message, within the later of:
1208 (i) 30 days after the day of the rejection; or
1209 (ii) 30 days after the day of the election.
1210 (c) The election officer may, when notifying an individual by phone under this
1211Subsection (6), use auto-dial technology.
1212 [(8)] (7) An election officer may not count the ballot of an individual whom the
1213election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days
1214before the day on which the canvass begins, the election officer:
1215 [(a) the election officer receives a signed affidavit from the individual under
1216Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the
1217individual's identity; and]
1218 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation
1219described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
1220the canvass begins.]
1221 (a) receives a signed affidavit from the individual under Subsection (5); or
1222 (b) (i) contacts the individual;
1223 (ii) informs the individual that it is unlawful to sign a ballot affidavit for another
1224person, even if the person gives permission;
1225 (iii) verifies the identity of the individual by:
1226 (A) requiring the individual to provide at least two types of personal identifying
1227information for the individual;
1228 (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
1229relating to the individual that are in the possession or control of an election officer; and
1230 (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
1231 (A) the name and voter identification number of the individual contacted;
1232 (B) the name of the individual who conducts the verification;
1233 (C) the date and manner of the communication;
1234 (D) the personal identifying information provided by the individual;
1235 (E) a description of the records against which the personal identifying information
1236provided by the individual is compared and verified; and 02-13-23 7:23 AM H.B. 448
- 41 -
1237 (F) other information required by the lieutenant governor.
1238 [(9)] (8) The election officer shall:
1239 (a) retain and preserve the return envelopes in the manner provided by law for the
1240retention and preservation of ballots voted at that election[.]; and
1241 (b) retain and preserve the documentation described in Subsection (7)(b)(iv), as a
1242protected record, for at least 22 months.
1243 (9) The director of elections within the Office of the Lieutenant Governor shall make
1244rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1245establish:
1246 (a) criteria and processes for use by poll workers in determining if a signature is
1247reasonably consistent with the signature on file for the voter under Subsections (3)(a) and
1248(4)(a)(i)(A);
1249 (b) training and certification requirements for election officers and employees of
1250election officers regarding the criteria and processes described in Subsection (9)(a); and
1251 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
1252U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
1253individual who checks the box described in Subsection (5)(c)(v).
1254 Section 17. Section 20A-3a-401.1 is enacted to read:
1255 20A-3a-401.1. Ballot chain of custody.
1256 (1) As used in this section:
1257 (a) "Batch" means a grouping of a specified number of ballots:
1258 (i) that is assembled by poll workers, and given a number to distinguish the grouping
1259from other groupings, when the ballots are first received for processing:
1260 (ii) that is kept together in the same grouping, and kept separate from other groupings,
1261throughout ballot processing; and
1262 (iii) for which a log is kept to document the chain of custody of the grouping.
1263 (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
1264return envelope that a poll worker has not separated from a ballot, as follows:
1265 (i) starting with receiving the ballot;
1266 (ii) each step taken in relation to a ballot as part of conducting an election; and
1267 (iii) ending after the ballots are counted and stored. H.B. 448 02-13-23 7:23 AM
- 42 -
1268 (2) An election officer shall preserve the chain of custody of all ballots in accordance
1269with this section.
1270 (3) An election officer shall maintain an accurate, updated count of the number of
1271ballots that the election officer:
1272 (a) mails or otherwise provides to a voter;
1273 (b) receives from a voter;
1274 (c) counts;
1275 (d) rejects;
1276 (e) resolves after rejecting; or
1277 (f) does not resolve after rejecting.
1278 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll
1279workers immediately count the number of ballots received and divide the ballots into batches.
1280 (5) The election officer shall ensure that:
1281 (a) ballots in each batch are kept separate from the ballots in other batches;
1282 (b) a ballot is not separated from a batch, except as necessary to the election process;
1283 (c) if a ballot is separated from a batch, the batch log indicates:
1284 (i) the ballot number;
1285 (ii) the date and time of removal;
1286 (iii) the identity of the individual who removes the ballot; and
1287 (iv) the reason the ballot is removed;
1288 (d) poll workers affix to, and keep with, each batch a log that includes:
1289 (i) a unique identifying code or number for the batch;
1290 (ii) the number of ballots in the batch;
1291 (iii) the date that the ballots were received; and
1292 (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
1293 (A) the date and time that the ballots are handled;
1294 (B) a description of what is done with the ballots;
1295 (C) the identity of the poll workers who handle the ballots; and
1296 (D) any other information required by rule under Subsection (7);
1297 (e) at least two poll workers simultaneously perform each ballot processing function;
1298 (f) to the extent reasonably possible, the poll workers who perform a ballot processing 02-13-23 7:23 AM H.B. 448
- 43 -
1299function for a batch complete performing that function for the entire batch; and
1300 (g) each part of the processing of all ballots is monitored by recorded video, without
1301audio.
1302 (6) An election officer shall:
1303 (a) keep the recordings described in Subsection (5)(g) for at least 22 months; and
1304 (b) ensure that a camera, a video, or a recording of a video described in Subsection
1305(5)(g) may only be accessed by:
1306 (i) the following or an authorized employee of the following:
1307 (A) the election officer;
1308 (B) the lieutenant governor; or
1309 (C) when performing an audit, the legislative auditor general; or
1310 (ii) a court of competent jurisdiction.
1311 (7) An individual may not view a video, or a recording of a video, described in
1312Subsection (5)(g):
1313 (a) unless the individual is an individual described in Subsection (6)(b); and
1314 (b) the individual views the video to the extent necessary to:
1315 (i) ensure compliance with Subsection (5)(g) or (6); or
1316 (ii) investigate a concern relating to the processing of ballots.
1317 (8) The director of elections within the Office of the Lieutenant Governor shall make
1318rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1319establishing specific requirements and procedures for an election officer or poll worker to:
1320 (a) fulfill the chain of custody requirements described in this section;
1321 (b) perform the signature verification audits described in Section 20A-3a-402.5; and
1322 (c) comply with the reconciliation requirements described in Subsection
132320A-4-304(2)(h).
1324 Section 18. Section 20A-3a-401.5 is amended to read:
1325 20A-3a-401.5. Ballot tracking system.
1326 (1) As used in this section:
1327 (a) "Ballot tracking system" means the system described in this section to track and
1328confirm the status of trackable ballots.
1329 (b) "Change in the status" includes: H.B. 448 02-13-23 7:23 AM
- 44 -
1330 (i) when a trackable ballot is mailed to a voter;
1331 (ii) when an election official receives a voted trackable ballot; and
1332 (iii) when a voted trackable ballot is counted.
1333 (c) "Trackable ballot" means a manual ballot that is:
1334 (i) mailed to a voter in accordance with Section 20A-3a-202;
1335 (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
1336 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
1337 (d) "Voter registration database" means the [statewide voter registration database
1338described in Section 20A-2-109] database, as defined in Section 20A-2-501.
1339 (2) [(a)] The lieutenant governor shall [develop] operate and maintain a statewide or
1340locally based system to track and confirm when there is a change in the status of a trackable
1341ballot.
1342 [(b) The ballot tracking system shall be operational on or before May 1, 2022.]
1343 (3) [Beginning on May 1, 2022, if] If a voter elects to receive electronic notifications
1344regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
1345is a change in the status of the voter's trackable ballot:
1346 (a) send a text message notification to the voter if the voter's information in the voter
1347registration database includes a mobile telephone number;
1348 (b) send an email notification to the voter if the voter's information in the voter
1349registration database includes an email address; and
1350 (c) send a notification by another electronic means directed by the lieutenant governor.
1351 (4) The lieutenant governor shall ensure that the ballot tracking system and the
1352state-provided website described in Section 20A-7-801 automatically share appropriate
1353information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
1354the state-provided website free of charge.
1355 (5) The ballot tracking system shall include a toll-free telephone number or other
1356offline method by which a voter can confirm the status of the voter's trackable ballot.
1357 (6) The lieutenant governor shall ensure that the ballot tracking system:
1358 (a) is secure from unauthorized use by employing data encryption or other security
1359measures; and
1360 (b) is only used for the purposes described in this section. 02-13-23 7:23 AM H.B. 448
- 45 -
1361 Section 19. Section 20A-3a-402.5 is enacted to read:
1362 20A-3a-402.5. Signature verification audits.
1363 (1) An election officer shall, in accordance with this section and rules made under
1364Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
1365on envelopes and voter signatures maintained by the election officer.
1366 (2) An individual who conducts an audit of signature comparisons may not audit the
1367individual's own work.
1368 (3) Before separating ballots from return envelopes, the election officer shall:
1369 (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
1370the accuracy of the comparisons made; and
1371 (b) provide additional training or staff reassignments, as needed, based on the results of
1372the audit.
1373 (4) An election officer shall submit to the lieutenant governor and the board of
1374canvassers a record of:
1375 (a) the audits performed under this section;
1376 (b) the results of the audits; and
1377 (c) any remedial action taken.
1378 Section 20. Section 20A-3a-405 is amended to read:
1379 20A-3a-405. Ballot statistics.
1380 (1) [An] Except as provided in Subsection (5)(a), an election officer shall post and
1381update the data described in Subsection (2) on the election officer's website, on the following
1382days, after the election officer finishes processing ballots on that day:
1383 (a) the day on which the election officer begins mailing ballots;
1384 (b) [except as provided in Subsection (5)(a), until the day described in Subsection
1385(1)(c),] each Monday, Wednesday, and Friday after the day described in Subsection (1)(a), until
1386the final posting described in Subsection (1)(c); and
1387 (c) the [Friday before] Wednesday after the day of the election.
1388 (2) The data that an election officer is required to post under Subsection (1) includes:
1389 (a) the number of ballots in the county clerk's possession; and
1390 (b) of the number of ballots described in Subsection (2)(a):
1391 (i) the number of ballots that have not yet begun processing; H.B. 448 02-13-23 7:23 AM
- 46 -
1392 (ii) the number of ballots in process; and
1393 (iii) the number of ballots processed.
1394 (3) Except as provided in Subsection (5)(b), an election officer shall post and update
1395the data described in Subsection (4) on the election officer's website on the following days:
1396 (a) the Friday after the day of the election;
1397 (b) [until the day described in Subsection (3)(c),] each Monday, Wednesday, and
1398Friday after the day described in Subsection (3)(a), until the final posting described in
1399Subsection (3)(c); and
1400 (c) on the last day of the canvass.
1401 (4) The data that an election officer is required to post under Subsection (3) includes:
1402 (a) a best estimate of the number of ballots received, to date, by the election officer;
1403 (b) the number of ballots in possession of the election officer that have been rejected
1404and are not yet cured;
1405 (c) the number of provisional ballots in the possession of the election officer that have
1406not been processed;
1407 (d) the number of ballots that need to be adjudicated, but have not yet been
1408adjudicated;
1409 (e) the number of ballots awaiting replication; and
1410 (f) the number of ballots that have been replicated.
1411 (5) (a) [Except for the Monday described in Subsection (1)(c), an] An election officer
1412is not required to update the data described in Subsection (2) on a Monday if the election
1413officer does not process any ballots the preceding Saturday or Sunday.
1414 (b) An election officer is not required to update the data described in Subsection (4) on
1415a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
1416 Section 21. Section 20A-4-109 is enacted to read:
1417 20A-4-109. Ballot reconciliation -- Rulemaking authority.
1418 (1) In accordance with this section and rules made under Subsection (2), an election
1419officer whose office processes ballots shall:
1420 (a) regularly conduct ballot reconciliations during ballot processing;
1421 (b) conduct a final ballot reconciliation when an election officer concludes processing
1422all ballots; 02-13-23 7:23 AM H.B. 448
- 47 -
1423 (c) document each ballot reconciliation;
1424 (d) publicly release the results of each ballot reconciliation; and
1425 (e) in conducting ballot reconciliations:
1426 (i) ensure that the number of ballots received for processing, the number of ballots
1427processed, and the number of voters given credit for voting, are equal; or
1428 (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
1429explain the differences in the numbers.
1430 (2) The director of elections within the Office of the Lieutenant Governor shall make
1431rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1432 (a) establishing procedures and requirements for conducting, documenting, and
1433publishing a ballot reconciliation; and
1434 (b) establishing the frequency and timing of the ballot reconciliations described in
1435Subsection (2)(a).
1436 Section 22. Section 20A-4-304 is amended to read:
1437 20A-4-304. Declaration of results -- Canvassers' report.
1438 (1) Each board of canvassers shall:
1439 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
1440declare "elected" or "nominated" those persons who:
1441 (i) had the highest number of votes; and
1442 (ii) sought election or nomination to an office completely within the board's
1443jurisdiction;
1444 (b) declare:
1445 (i) "approved" those ballot propositions that:
1446 (A) had more "yes" votes than "no" votes; and
1447 (B) were submitted only to the voters within the board's jurisdiction; or
1448 (ii) "rejected" those ballot propositions that:
1449 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1450votes; and
1451 (B) were submitted only to the voters within the board's jurisdiction;
1452 (c) certify the vote totals for persons and for and against ballot propositions that were
1453submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to H.B. 448 02-13-23 7:23 AM
- 48 -
1454the lieutenant governor; and
1455 (d) if applicable, certify the results of each local district election to the local district
1456clerk.
1457 (2) [As soon as the result is declared, the election officer shall prepare a report of the
1458result, which shall contain] The election officer shall submit a report to the board of canvassers
1459that includes standardized information, on a form provided by the lieutenant governor, as
1460follows:
1461 (a) the total number of votes cast in the board's jurisdiction;
1462 (b) the names of each candidate whose name appeared on the ballot;
1463 (c) the title of each ballot proposition that appeared on the ballot;
1464 (d) each office that appeared on the ballot;
1465 (e) from each voting precinct:
1466 (i) the number of votes for each candidate;
1467 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
1468Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
1469potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
1470phase; and
1471 (iii) the number of votes for and against each ballot proposition;
1472 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
1473and against each ballot proposition;
1474 (g) statistics on:
1475 (i) the number of ballots counted;
1476 (ii) provisional ballots; and
1477 (iii) the number of ballots [that were] rejected; [and]
1478 (h) a final ballot reconciliation report;
1479 (i) other information required by law to be provided to the board of canvassers; and
1480 [(h)] (j) a statement certifying that the information contained in the report is accurate.
1481 (3) The election officer and the board of canvassers shall:
1482 (a) review the report to ensure that [it] the report is correct; and
1483 (b) sign the report.
1484 (4) The election officer shall: 02-13-23 7:23 AM H.B. 448
- 49 -
1485 (a) record or file the certified report in a book kept for that purpose;
1486 (b) prepare and transmit a certificate of nomination or election under the officer's seal
1487to each nominated or elected candidate;
1488 (c) publish a copy of the certified report in accordance with Subsection (5); and
1489 (d) file a copy of the certified report with the lieutenant governor.
1490 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
1491days after the day on which the board of canvassers declares the election results, publicize the
1492certified report described in Subsection (2):
1493 (a) (i) by publishing notice at least once in a newspaper of general circulation within
1494the jurisdiction;
1495 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1496jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
1497of the jurisdiction, subject to a maximum of 10 notices; or
1498 (iii) by mailing notice to each residence within the jurisdiction;
1499 (b) by posting notice on the Utah Public Notice Website, created in Section
150063A-16-601, for one week; and
1501 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1502one week.
1503 (6) Instead of including a copy of the entire certified report, a notice required under
1504Subsection (5) may contain a statement that:
1505 (a) includes the following: "The Board of Canvassers for [indicate name of
1506jurisdiction] has prepared a report of the election results for the [indicate type and date of
1507election]."; and
1508 (b) specifies the following sources where an individual may view or obtain a copy of
1509the entire certified report:
1510 (i) if the jurisdiction has a website, the jurisdiction's website;
1511 (ii) the physical address for the jurisdiction; and
1512 (iii) a mailing address and telephone number.
1513 (7) When there has been a regular general or a statewide special election for statewide
1514officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1515or more county ballot proposition, each board of canvassers shall: H.B. 448 02-13-23 7:23 AM
- 50 -
1516 (a) prepare a separate report detailing the number of votes for each candidate and the
1517number of votes for and against each ballot proposition; and
1518 (b) transmit the separate report by registered mail to the lieutenant governor.
1519 (8) In each county election, municipal election, school election, local district election,
1520and local special election, the election officer shall transmit the reports to the lieutenant
1521governor within 14 days after the date of the election.
1522 (9) In a regular primary election and in a presidential primary election, the board shall
1523transmit to the lieutenant governor:
1524 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1525governor not later than the second Tuesday after the election; and
1526 (b) a complete tabulation showing voting totals for all primary races, precinct by
1527precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1528primary election.
1529 Section 23. Section 20A-5-101 is amended to read:
1530 20A-5-101. Notice of election.
1531 (1) On or before November 15 in the year before each regular general election year, the
1532lieutenant governor shall prepare and transmit a written notice to each county clerk that:
1533 (a) designates the offices to be filled at the next year's regular general election;
1534 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
1535certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
1536and 20A-9-408 for those offices; and
1537 (c) contains a description of any ballot propositions to be decided by the voters that
1538have qualified for the ballot as of that date.
1539 (2) (a) No later than seven business days after the day on which the lieutenant governor
1540transmits the written notice described in Subsection (1), each county clerk shall provide notice,
1541in accordance with Subsection (3):
1542 (i) by posting notice in a conspicuous place most likely to give notice of the election to
1543the voters in each voting precinct within the county;
1544 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
1545 (B) by posting one notice, and at least one additional notice per 2,000 population of the
1546county, in places within the county that are most likely to give notice of the election to the 02-13-23 7:23 AM H.B. 448
- 51 -
1547voters in the county, subject to a maximum of 10 notices; or
1548 (C) by mailing notice to each registered voter in the county;
1549 (iii) by posting notice on the Utah Public Notice Website, created in Section
155063A-16-601, for seven days before the day of the election; and
1551 (iv) by posting notice on the county's website for seven days before the day of the
1552election.
1553 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
1554showing a copy of the notice and the places where the notice was posted.
1555 (3) The notice described in Subsection (2) shall:
1556 (a) designate the offices to be voted on in that election; and
1557 (b) identify the dates for filing a declaration of candidacy for those offices.
1558 (4) Except as provided in Subsection (6), before each election, the election officer shall
1559give printed notice of the following information:
1560 (a) the date of election;
1561 (b) the hours during which the polls will be open;
1562 (c) the polling places for each voting precinct, early voting polling place, and election
1563day voting center;
1564 (d) the address of the Statewide Electronic Voter Information Website and, if available,
1565the address of the election officer's website, with a statement indicating that the election officer
1566will post on the website any changes to the location of a polling place and the location of any
1567additional polling place;
1568 (e) a phone number that a voter may call to obtain information regarding the location of
1569a polling place; [and]
1570 (f) the qualifications for persons to vote in the election[.]; and
1571 (g) instructions regarding how an individual with a disability, who is not able to vote a
1572manual ballot by mail, may obtain information on voting in an accessible manner.
1573 (5) The election officer shall provide the notice described in Subsection (4):
1574 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
1575to which the election pertains, at least two days before the day of the election;
1576 (ii) at least two days before the day of the election, by posting one notice, and at least
1577one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction H.B. 448 02-13-23 7:23 AM
- 52 -
1578that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
1579maximum of 10 notices; or
1580 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
1581which the election pertains at least five days before the day of the election;
1582 (b) by posting notice on the Utah Public Notice Website, created in Section
158363A-16-601, for two days before the day of the election; and
1584 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1585two days before the day of the election.
1586 (6) Instead of including the information described in Subsection (4) in the notice, the
1587election officer may give printed notice that:
1588 (a) is entitled "Notice of Election";
1589 (b) includes the following: "A [indicate election type] will be held in [indicate the
1590jurisdiction] on [indicate date of election]. Information relating to the election, including
1591polling places, polling place hours, and qualifications of voters may be obtained from the
1592following sources:"; and
1593 (c) specifies the following sources where an individual may view or obtain the
1594information described in Subsection (4):
1595 (i) if the jurisdiction has a website, the jurisdiction's website;
1596 (ii) the physical address of the jurisdiction offices; and
1597 (iii) a mailing address and telephone number.
1598 Section 24. Section 53-18-103 is amended to read:
1599 53-18-103. Internet posting of personal information of public safety employees --
1600Prohibitions.
1601 (1) (a) A state or local governmental agency that receives the form described in
1602Subsection (1)(b) from a public safety employee may not publicly post on the Internet the
1603personal information of the public safety employee employed by the state or local
1604governmental agency.
1605 (b) Each state or local government agency employing a public safety employee shall:
1606 (i) provide a form for a public safety employee to request the removal or concealment
1607of the public safety employee's personal information from the state or local government
1608agencies' publicly accessible websites and databases; 02-13-23 7:23 AM H.B. 448
- 53 -
1609 (ii) inform the public safety employee how to submit a form under this section;
1610 (iii) upon request, assist a public safety employee in completing the form;
1611 (iv) include on the form a disclaimer informing the public safety employee that by
1612submitting a completed form the public safety employee may not receive official
1613announcements affecting the public safety employee's property, including notices about
1614proposed annexations, incorporation, or zoning modifications; and
1615 (v) require a form submitted by a public safety employee to be signed by:
1616 (A) for a public safety employee who is a law enforcement officer, the highest ranking
1617elected or appointed official in the officer's chain of command certifying that the individual
1618requesting removal or concealment is a law enforcement officer; or
1619 (B) for a public safety employee who is not a law enforcement officer, the public safety
1620employee's supervisor.
1621 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a
1622public safety employee, completed and submitted under this section, shall:
1623 (a) classify the public safety employee's voter registration record in the [lieutenant
1624governor's statewide voter registration database developed under Section 20A-2-109] system,
1625as defined in Section 20A-2-501, as a private record; and
1626 (b) classify the public safety employee's marriage licenses and marriage license
1627applications, if any, as private records.
1628 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
1629described in Subsection (1)(b) from a public safety employee, completed and submitted under
1630this section, shall:
1631 (a) provide a method for the assessment roll and index and the tax roll and index that
1632will block public access to the public safety employee's personal information; and
1633 (b) provide to the public safety employee who submits the form a written disclaimer
1634informing the public safety employee that the public safety employee may not receive official
1635announcements affecting the public safety employee's property, including notices about
1636proposed annexations, incorporations, or zoning modifications.
1637 (4) A form submitted under this section remains in effect for the shorter of:
1638 (a) four years from the date on which the form was signed by the public safety
1639employee, regardless of whether the public safety employee's qualifying employment is H.B. 448 02-13-23 7:23 AM
- 54 -
1640terminated during the four years; or
1641 (b) one year after official notice of the public safety employee's death is transmitted by
1642the public safety employee's immediate family or the public safety employee's employing
1643agency to all state and local government agencies that are reasonably expected to have records
1644containing personal information of the deceased public safety employee.
1645 (5) Notwithstanding Subsection (4), the public safety employee, or the public safety
1646employee's immediate family if the public safety employee is deceased, may rescind the form at
1647any time.
1648 (6) (a) An individual may not, with intent to frighten or harass a public safety
1649employee, publicly post on the Internet the personal information of a public safety employee
1650knowing the public safety employee is a public safety employee.
1651 (b) Except as provided in Subsection (6)(c), a violation of Subsection (6)(a) is a class B
1652misdemeanor.
1653 (c) A violation of Subsection (6)(a) that results in bodily injury to the public safety
1654employee, or a member of the public safety employee's immediate family, is a class A
1655misdemeanor.
1656 (d) (i) Each act against a separate individual in violation of Subsection (6)(a) is a
1657separate offense.
1658 (ii) A defendant may also be charged separately with the commission of any other
1659criminal conduct related to the commission of an offense under Subsection (6)(a).
1660 (7) (a) A business or association may not publicly post or publicly display on the
1661Internet the personal information of a public safety employee if the public safety employee has,
1662either directly or through an agent designated under Subsection (7)(c), provided to that business
1663or association a written demand to not disclose the public safety employee's personal
1664information.
1665 (b) A written demand made under Subsection (7)(a) by a public safety employee is
1666effective for four years beginning on the day the demand is delivered, regardless of whether the
1667public safety employee's employment as a public safety employee has terminated during the
1668four years.
1669 (c) A public safety employee may designate in writing the public safety employee's
1670employer or, for a public safety employee who is a law enforcement officer, a representative of 02-13-23 7:23 AM H.B. 448
- 55 -
1671a voluntary professional association of law enforcement officers to act on behalf of the officer
1672and as the officer's agent to make a written demand under this chapter.
1673 (d) (i) A business or association that receives a written demand from a public safety
1674employee under Subsection (7)(a) shall remove the public safety employee's personal
1675information from public display on the Internet, including the removal of information provided
1676to cellular telephone applications, within 24 hours of the delivery of the written demand, and
1677shall ensure that the information is not posted again on the same Internet website or any other
1678Internet website over which the recipient of the written demand maintains or exercises control.
1679 (ii) After receiving the public safety employee's written demand, the person, business,
1680or association may not publicly post or publicly display on the Internet, the personal
1681information of the public safety employee.
1682 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
1683Section 54-2-1, or the telephone corporation's affiliate or other voice service provider,
1684including providers of interconnected voice over Internet protocol service as defined in 47
1685C.F.R. 9.3, from transferring the public safety employee's personal information to any person,
1686business, or association, if the transfer is authorized by federal or state law, regulation, order,
1687terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt
1688owed by the public safety employee to the telephone corporation or its affiliate.
1689 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
1690service provider, including providers of interconnected voice over Internet protocol service,
1691with respect to directories or directories listings to the extent the entity offers a nonpublished
1692listing option.
1693 (8) (a) A public safety employee whose personal information is made public as a result
1694of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a
1695court of competent jurisdiction.
1696 (b) If a court finds that a violation has occurred, the court may grant injunctive or
1697declarative relief and shall award the public safety employee court costs and reasonable
1698attorney fees.
1699 (c) If the defendant fails to comply with an order of the court issued under Subsection
1700(8)(b), the court may impose a civil penalty of not more than $1,000 for the defendant's failure
1701to comply with the court's order. H.B. 448 02-13-23 7:23 AM
- 56 -
1702 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
1703the personal information of a public safety employee, if:
1704 (i) the dissemination of the personal information poses an imminent and serious threat
1705to the public safety employee's safety or the safety of the public safety employee's immediate
1706family; and
1707 (ii) the person making the information available on the Internet knows or reasonably
1708should know of the imminent and serious threat.
1709 (b) (i) A public safety employee whose personal information is knowingly publicly
1710posted or publicly displayed on the Internet may bring an action in a court of competent
1711jurisdiction.
1712 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
1713(9)(a), the jury or court shall award damages to the public safety employee in the amount of
1714triple the cost of actual damages or $4,000, whichever is greater.
1715 (10) An interactive computer service or access software is not liable under Subsections
1716(7)(d)(i) and (9) for information or content provided by another information content provider.
1717 (11) Unless a state or local government agency receives a completed form directly from
1718a public safety employee in accordance with Subsection (1), a state or local government official
1719who makes information available for public inspection in accordance with state law is not in
1720violation of this chapter.
1721 Section 25. Section 67-1a-2 is amended to read:
1722 67-1a-2. Duties enumerated.
1723 (1) The lieutenant governor shall:
1724 (a) perform duties delegated by the governor, including assignments to serve in any of
1725the following capacities:
1726 (i) as the head of any one department, if so qualified, with the advice and consent of
1727the Senate, and, upon appointment at the pleasure of the governor and without additional
1728compensation;
1729 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
1730law for the purpose of advising the governor or coordinating intergovernmental or
1731interdepartmental policies or programs;
1732 (iii) as liaison between the governor and the state Legislature to coordinate and 02-13-23 7:23 AM H.B. 448
- 57 -
1733facilitate the governor's programs and budget requests;
1734 (iv) as liaison between the governor and other officials of local, state, federal, and
1735international governments or any other political entities to coordinate, facilitate, and protect the
1736interests of the state;
1737 (v) as personal advisor to the governor, including advice on policies, programs,
1738administrative and personnel matters, and fiscal or budgetary matters; and
1739 (vi) as chairperson or member of any temporary or permanent boards, councils,
1740commissions, committees, task forces, or other group appointed by the governor;
1741 (b) serve on all boards and commissions in lieu of the governor, whenever so
1742designated by the governor;
1743 (c) serve as the chief election officer of the state as required by Subsection (2);
1744 (d) keep custody of the Great Seal of the State of Utah;
1745 (e) keep a register of, and attest, the official acts of the governor;
1746 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
1747which the official signature of the governor is required; and
1748 (g) furnish a certified copy of all or any part of any law, record, or other instrument
1749filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
1750it and pays the fee.
1751 (2) (a) As the chief election officer, the lieutenant governor shall:
1752 (i) exercise oversight, and general supervisory authority, over all elections;
1753 (ii) exercise direct authority over the conduct of elections for federal, state, and
1754multicounty officers and statewide or multicounty ballot propositions and any recounts
1755involving those races;
1756 (iii) [assist county clerks in unifying] establish uniformity in the election ballot;
1757 (iv) (A) prepare election information for the public as required by [statute] law and as
1758determined appropriate by the lieutenant governor; and
1759 (B) make the information [under] described in Subsection (2)(a)(iv)(A) available to the
1760public and to news media, on the Internet, and in other forms as required by [statute or] law
1761and as determined appropriate by the lieutenant governor;
1762 (v) receive and answer election questions and maintain an election file on opinions
1763received from the attorney general; H.B. 448 02-13-23 7:23 AM
- 58 -
1764 (vi) maintain a current list of registered political parties as defined in Section
176520A-8-101;
1766 (vii) maintain election returns and statistics;
1767 (viii) certify to the governor the names of [those persons who have received the highest
1768number of votes for any] individuals nominated to run for, or elected to, office;
1769 (ix) ensure that all voting equipment purchased by the state complies with the
1770requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
1771 (x) during a declared emergency, to the extent that the lieutenant governor determines
1772it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
1773relating to:
1774 (A) voting on election day;
1775 (B) early voting;
1776 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
1777 (D) the counting of an absentee ballot or military-overseas ballot; or
1778 (E) the canvassing of election returns; and
1779 (xi) exercise all other election authority, and perform other election duties, as provided
1780in Title 20A, Election Code.
1781 (b) As chief election officer, the lieutenant governor:
1782 (i) shall oversee all elections, and functions relating to elections, in the state;
1783 (ii) shall ensure that each election officer complies with all legal requirements relating
1784to elections;
1785 (iii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
1786an election officer with legal requirements relating to elections; and
1787 (iv) may not assume the responsibilities assigned to the county clerks, city recorders,
1788town clerks, or other local election officials by Title 20A, Election Code.
1789 (3) (a) The lieutenant governor shall:
1790 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
1791incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
1792municipality's population using the population estimate from the Utah Population Committee;
1793and
1794 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs 02-13-23 7:23 AM H.B. 448
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1795based on the municipality's population; and
1796 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1797municipality's legislative body.
1798 (b) The lieutenant governor shall:
1799 (i) determine the classification under Section 10-2-301 of a consolidated municipality
1800upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
1801Consolidation of Municipalities, using population information from:
1802 (A) each official census or census estimate of the United States Bureau of the Census;
1803or
1804 (B) the population estimate from the Utah Population Committee, if the population of a
1805municipality is not available from the United States Bureau of the Census; and
1806 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
1807belongs based on the municipality's population; and
1808 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1809consolidated municipality's legislative body.
1810 (c) The lieutenant governor shall:
1811 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
1812metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
1813Townships and Unincorporated Islands in a County of the First Class on and after May 12,
18142015, based on the metro township's population using the population estimates from the Utah
1815Population Committee; and
1816 (ii) prepare a certificate indicating the class in which the new metro township belongs
1817based on the metro township's population and, within 10 days after preparing the certificate,
1818deliver a copy of the certificate to the metro township's legislative body.
1819 (d) The lieutenant governor shall monitor the population of each municipality using
1820population information from:
1821 (i) each official census or census estimate of the United States Bureau of the Census; or
1822 (ii) the population estimate from the Utah Population Committee, if the population of a
1823municipality is not available from the United States Bureau of the Census.
1824 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
1825municipality's population has increased beyond the population for its current class, the H.B. 448 02-13-23 7:23 AM
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1826lieutenant governor shall:
1827 (i) prepare a certificate indicating the class in which the municipality belongs based on
1828the increased population figure; and
1829 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1830legislative body of the municipality whose class has changed.
1831 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
1832municipality's population has decreased below the population for its current class, the
1833lieutenant governor shall send written notification of that fact to the municipality's legislative
1834body.
1835 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
1836population has decreased below the population for its current class, the lieutenant governor
1837shall:
1838 (A) prepare a certificate indicating the class in which the municipality belongs based
1839on the decreased population figure; and
1840 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
1841legislative body of the municipality whose class has changed.
1842 Section 26. Repealer.
1843 This bill repeals:
1844 Section 20A-1-101, Title.