2nd Sub. H.B. 448
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: T.R. Vaughn 6
6 02-22-23 3:31 PM 6
H.B. 448
2nd Sub. (Gray)
Representative A. Cory Maloy proposes the following substitute bill:
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 <describes the duties of a clerk in relation to elections;
17 <provides the lieutenant governor with access to records, facilities, equipment, staff,
18and meetings to assist the lieutenant governor in fulfilling the supervisory and
19oversight authority described above;
20 <provides a process and method for the lieutenant governor to enforce compliance
21with the provisions of election law;
22 <requires the lieutenant governor to provide, and certain election administrators and
23employees to complete, training relating to conducting elections;
24 <addresses requirements for audits of election processes;
25 <modifies publication dates for certain ballot statistics;
*HB0448S02* 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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26 <requires certain studies relating to elections;
27 <grants rulemaking authority to the lieutenant governor in relation to:
28 Ctraining;
29 Caudits;
30 Cmaintaining and updating the statewide voter registration system and database;
31 Cconducting elections;
32 Csignature comparison and verification;
33 Calternative methods of identity verification; and
34 Cchain of custody and ballot reconciliation;
35 <modifies provisions relating to the statewide voter registration system and database,
36including requirements relating to maintenance and updates;
37 <establishes requirements to ensure accessibility of the election system in relation to
38a person with a disability;
39 <modifies ballot curing requirements;
40 <enacts ballot chain of custody and reconciliation requirements;
41 <establishes requirements relating to election records and election security;
42 <requires uniformity of certain election processes and records; and
43 <makes technical and conforming changes.
44Money Appropriated in this Bill:
45 This bill appropriates in fiscal year 2024:
46 <to the Governor's Office – Lt. Governor's Office, as an ongoing appropriation:
47 Cfrom the General Fund, $860,000; and
48 <to the Governor's Office – Lt. Governor's Office, as a one-time appropriation:
49 Cfrom the General Fund, $730,000.
50Other Special Clauses:
51 None
52Utah Code Sections Affected:
53AMENDS:
54 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64
56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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57 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
58 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
59 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100
60 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380
61 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
62 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
63 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
64 20A-4-202, as last amended by Laws of Utah 2022, Chapter 156
65 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
66 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
67 20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
68 53-18-103, as last amended by Laws of Utah 2022, Chapter 367
69 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18
70ENACTS:
71 20A-1-105, Utah Code Annotated 1953
72 20A-1-106, Utah Code Annotated 1953
73 20A-1-107, Utah Code Annotated 1953
74 20A-1-108, Utah Code Annotated 1953
75 20A-2-501, Utah Code Annotated 1953
76 20A-2-507, Utah Code Annotated 1953
77 20A-3a-106, Utah Code Annotated 1953
78 20A-3a-401.1, Utah Code Annotated 1953
79 20A-3a-402.5, Utah Code Annotated 1953
80 20A-4-109, Utah Code Annotated 1953
81RENUMBERS AND AMENDS:
82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018,
83Chapter 19)
84 20A-2-503, (Renumbered from 20A-2-304.5, as last amended by Laws of Utah 2012,
85Chapter 52)
86 20A-2-504, (Renumbered from 20A-2-305, as last amended by Laws of Utah 2022,
87Chapter 121) 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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88 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022,
89Chapter 121)
90 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022,
91Chapter 156)
92REPEALS:
93 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1
94
95Be it enacted by the Legislature of the state of Utah:
96 Section 1. Section 20A-1-102 is amended to read:
97 20A-1-102. Definitions.
98 As used in this title:
99 (1) "Active voter" means a registered voter who has not been classified as an inactive
100voter by the county clerk.
101 (2) "Automatic tabulating equipment" means apparatus that automatically examines
102and counts votes recorded on ballots and tabulates the results.
103 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
104storage medium, that records an individual voter's vote.
105 (b) "Ballot" does not include a record to tally multiple votes.
106 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
107on the ballot for their approval or rejection including:
108 (a) an opinion question specifically authorized by the Legislature;
109 (b) a constitutional amendment;
110 (c) an initiative;
111 (d) a referendum;
112 (e) a bond proposition;
113 (f) a judicial retention question;
114 (g) an incorporation of a city or town; or
115 (h) any other ballot question specifically authorized by the Legislature.
116 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
117together using staples or another means in at least three places across the top of the paper in the
118blank space reserved for securing the paper. 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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119 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
12020A-4-306 to canvass election returns.
121 (7) "Bond election" means an election held for the purpose of approving or rejecting
122the proposed issuance of bonds by a government entity.
123 (8) "Business reply mail envelope" means an envelope that may be mailed free of
124charge by the sender.
125 (9) "Canvass" means the review of election returns and the official declaration of
126election results by the board of canvassers.
127 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
128the canvass.
129 (11) "Contracting election officer" means an election officer who enters into a contract
130or interlocal agreement with a provider election officer.
131 (12) "Convention" means the political party convention at which party officers and
132delegates are selected.
133 (13) "Counting center" means one or more locations selected by the election officer in
134charge of the election for the automatic counting of ballots.
135 (14) "Counting judge" means a poll worker designated to count the ballots during
136election day.
137 (15) "Counting room" means a suitable and convenient private place or room for use
138by the poll workers and counting judges to count ballots.
139 (16) "County officers" means those county officers that are required by law to be
140elected.
141 (17) "Date of the election" or "election day" or "day of the election":
142 (a) means the day that is specified in the calendar year as the day that the election
143occurs; and
144 (b) does not include:
145 (i) deadlines established for voting by mail, military-overseas voting, or emergency
146voting; or
147 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
148Voting.
149 (18) "Elected official" means: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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150 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
151Municipal Alternate Voting Methods Pilot Project;
152 (b) a person who is considered to be elected to a municipal office in accordance with
153Subsection 20A-1-206(1)(c)(ii); or
154 (c) a person who is considered to be elected to a local district office in accordance with
155Subsection 20A-1-206(3)(b)(ii).
156 (19) "Election" means a regular general election, a municipal general election, a
157statewide special election, a local special election, a regular primary election, a municipal
158primary election, and a local district election.
159 (20) "Election Assistance Commission" means the commission established by the Help
160America Vote Act of 2002, Pub. L. No. 107-252.
161 (21) "Election cycle" means the period beginning on the first day persons are eligible to
162file declarations of candidacy and ending when the canvass is completed.
163 (22) "Election judge" means a poll worker that is assigned to:
164 (a) preside over other poll workers at a polling place;
165 (b) act as the presiding election judge; or
166 (c) serve as a canvassing judge, counting judge, or receiving judge.
167 (23) "Election officer" means:
168 (a) the lieutenant governor, for all statewide ballots and elections;
169 (b) the county clerk for:
170 (i) a county 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 (c) the municipal clerk for:
174 (i) a municipal ballot and election; and
175 (ii) a ballot and election as a provider election officer as provided in Section
17620A-5-400.1 or 20A-5-400.5;
177 (d) the local district clerk or chief executive officer for:
178 (i) a local district ballot and election; and
179 (ii) a ballot and election as a provider election officer as provided in Section
18020A-5-400.1 or 20A-5-400.5; or 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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181 (e) the business administrator or superintendent of a school district for:
182 (i) a school district ballot and election; and
183 (ii) a ballot and election as a provider election officer as provided in Section
18420A-5-400.1 or 20A-5-400.5.
185 (24) "Election official" means any election officer, election judge, or poll worker.
186 (25) "Election results" means:
187 (a) for an election other than a bond election, the count of votes cast in the election and
188the election returns requested by the board of canvassers; or
189 (b) for bond elections, the count of those votes cast for and against the bond
190proposition plus any or all of the election returns that the board of canvassers may request.
191 (26) "Election returns" includes:
192 (a) the pollbook, the military and overseas absentee voter registration and voting
193certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
194ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
195cast form; and
196 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
197ballot.
198 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
199or logically associated with a record and executed or adopted by a person with the intent to sign
200the record.
201 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
202clerk under Subsection [20A-2-306(4)(c)(i) or (ii)] 20A-2-505(4)(c)(i) or (ii).
203 (29) "Judicial office" means the office filled by any judicial officer.
204 (30) "Judicial officer" means any justice or judge of a court of record or any county
205court judge.
206 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
207Local Government Entities - Local Districts, and includes a special service district under Title
20817D, Chapter 1, Special Service District Act.
209 (32) "Local district officers" means those local district board members that are required
210by law to be elected.
211 (33) "Local election" means a regular county election, a regular municipal election, a 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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212municipal primary election, a local special election, a local district election, and a bond
213election.
214 (34) "Local political subdivision" means a county, a municipality, a local district, or a
215local school district.
216 (35) "Local special election" means a special election called by the governing body of a
217local political subdivision in which all registered voters of the local political subdivision may
218vote.
219 (36) "Manual ballot" means a paper document produced by an election officer on
220which an individual records an individual's vote by directly placing a mark on the paper
221document using a pen or other marking instrument.
222 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
223mechanical record, that:
224 (a) is created via electronic or mechanical means; and
225 (b) records an individual voter's vote cast via a method other than an individual directly
226placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
227 (38) "Municipal executive" means:
228 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
229 (b) the mayor in the council-manager form of government defined in Subsection
23010-3b-103(7); or
231 (c) the [chair] mayor of a metro township form of government defined in Section
23210-3b-102.
233 (39) "Municipal general election" means the election held in municipalities and, as
234applicable, local districts on the first Tuesday after the first Monday in November of each
235odd-numbered year for the purposes established in Section 20A-1-202.
236 (40) "Municipal legislative body" means:
237 (a) the council of the city or town in any form of municipal government; or
238 (b) the council of a metro township.
239 (41) "Municipal office" means an elective office in a municipality.
240 (42) "Municipal officers" means those municipal officers that are required by law to be
241elected.
242 (43) "Municipal primary election" means an election held to nominate candidates for 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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243municipal office.
244 (44) "Municipality" means a city, town, or metro township.
245 (45) "Official ballot" means the ballots distributed by the election officer for voters to
246record their votes.
247 (46) "Official endorsement" means the information on the ballot that identifies:
248 (a) the ballot as an official ballot;
249 (b) the date of the election; and
250 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
251facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
252 (ii) for a ballot prepared by a county clerk, the words required by Subsection
25320A-6-301(1)(b)(iii).
254 (47) "Official register" means the official record furnished to election officials by the
255election officer that contains the information required by Section 20A-5-401.
256 (48) "Political party" means an organization of registered voters that has qualified to
257participate in an election by meeting the requirements of Chapter 8, Political Party Formation
258and Procedures.
259 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
260election, voting, or counting votes.
261 (b) "Poll worker" includes election judges.
262 (c) "Poll worker" does not include a watcher.
263 (50) "Pollbook" means a record of the names of voters in the order that they appear to
264cast votes.
265 (51) "Polling place" means a building where voting is conducted.
266 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
267in which the voter marks the voter's choice.
268 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
2698, Presidential Primary Election.
270 (54) "Primary convention" means the political party conventions held during the year
271of the regular general election.
272 (55) "Protective counter" means a separate counter, which cannot be reset, that:
273 (a) is built into a voting machine; and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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274 (b) records the total number of movements of the operating lever.
275 (56) "Provider election officer" means an election officer who enters into a contract or
276interlocal agreement with a contracting election officer to conduct an election for the
277contracting election officer's local political subdivision in accordance with Section
27820A-5-400.1.
279 (57) "Provisional ballot" means a ballot voted provisionally by a person:
280 (a) whose name is not listed on the official register at the polling place;
281 (b) whose legal right to vote is challenged as provided in this title; or
282 (c) whose identity was not sufficiently established by a poll worker.
283 (58) "Provisional ballot envelope" means an envelope printed in the form required by
284Section 20A-6-105 that is used to identify provisional ballots and to provide information to
285verify a person's legal right to vote.
286 (59) (a) "Public figure" means an individual who, due to the individual being
287considered for, holding, or having held a position of prominence in a public or private capacity,
288or due to the individual's celebrity status, has an increased risk to the individual's safety.
289 (b) "Public figure" does not include an individual:
290 (i) elected to public office; or
291 (ii) appointed to fill a vacancy in an elected public office.
292 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
293duties of the position for which the individual was elected.
294 (61) "Receiving judge" means the poll worker that checks the voter's name in the
295official register at a polling place and provides the voter with a ballot.
296 (62) "Registration form" means a form by which an individual may register to vote
297under this title.
298 (63) "Regular ballot" means a ballot that is not a provisional ballot.
299 (64) "Regular general election" means the election held throughout the state on the first
300Tuesday after the first Monday in November of each even-numbered year for the purposes
301established in Section 20A-1-201.
302 (65) "Regular primary election" means the election, held on the date specified in
303Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
304local school board positions to advance to the regular general election. 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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305 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
306 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
307provided to a voter with a manual ballot:
308 (a) into which the voter places the manual ballot after the voter has voted the manual
309ballot in order to preserve the secrecy of the voter's vote; and
310 (b) that includes the voter affidavit and a place for the voter's signature.
311 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
312published as provided in Section 20A-5-405.
313 (69) "Special election" means an election held as authorized by Section 20A-1-203.
314 (70) "Spoiled ballot" means each ballot that:
315 (a) is spoiled by the voter;
316 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
317 (c) lacks the official endorsement.
318 (71) "Statewide special election" means a special election called by the governor or the
319Legislature in which all registered voters in Utah may vote.
320 (72) "Tabulation system" means a device or system designed for the sole purpose of
321tabulating votes cast by voters at an election.
322 (73) "Ticket" means a list of:
323 (a) political parties;
324 (b) candidates for an office; or
325 (c) ballot propositions.
326 (74) "Transfer case" means the sealed box used to transport voted ballots to the
327counting center.
328 (75) "Vacancy" means the absence of a person to serve in any position created by
329statute, whether that absence occurs because of death, disability, disqualification, resignation,
330or other cause.
331 (76) "Valid voter identification" means:
332 (a) a form of identification that bears the name and photograph of the voter which may
333include:
334 (i) a currently valid Utah driver license;
335 (ii) a currently valid identification card that is issued by: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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336 (A) the state; or
337 (B) a branch, department, or agency of the United States;
338 (iii) a currently valid Utah permit to carry a concealed weapon;
339 (iv) a currently valid United States passport; or
340 (v) a currently valid United States military identification card;
341 (b) one of the following identification cards, whether or not the card includes a
342photograph of the voter:
343 (i) a valid tribal identification card;
344 (ii) a Bureau of Indian Affairs card; or
345 (iii) a tribal treaty card; or
346 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
347the name of the voter and provide evidence that the voter resides in the voting precinct, which
348may include:
349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
350election;
351 (ii) a bank or other financial account statement, or a legible copy thereof;
352 (iii) a certified birth certificate;
353 (iv) a valid social security card;
354 (v) a check issued by the state or the federal government or a legible copy thereof;
355 (vi) a paycheck from the voter's employer, or a legible copy thereof;
356 (vii) a currently valid Utah hunting or fishing license;
357 (viii) certified naturalization documentation;
358 (ix) a currently valid license issued by an authorized agency of the United States;
359 (x) a certified copy of court records showing the voter's adoption or name change;
360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
361 (xii) a currently valid identification card issued by:
362 (A) a local government within the state;
363 (B) an employer for an employee; or
364 (C) a college, university, technical school, or professional school located within the
365state; or
366 (xiii) a current Utah vehicle registration. 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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367 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
368candidate by following the procedures and requirements of this title.
369 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
370 (a) mailing the ballot to the location designated in the mailing; or
371 (b) depositing the ballot in a ballot drop box designated by the election officer.
372 (79) "Voter" means an individual who:
373 (a) meets the requirements for voting in an election;
374 (b) meets the requirements of election registration;
375 (c) is registered to vote; and
376 (d) is listed in the official register book.
377 (80) "Voter registration deadline" means the registration deadline provided in Section
37820A-2-102.5.
379 (81) "Voting area" means the area within six feet of the voting booths, voting
380machines, and ballot box.
381 (82) "Voting booth" means:
382 (a) the space or compartment within a polling place that is provided for the preparation
383of ballots, including the voting enclosure or curtain; or
384 (b) a voting device that is free standing.
385 (83) "Voting device" means any device provided by an election officer for a voter to
386vote a mechanical ballot.
387 (84) "Voting precinct" means the smallest geographical voting unit, established under
388Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
389 (85) "Watcher" means an individual who complies with the requirements described in
390Section 20A-3a-801 to become a watcher for an election.
391 (86) "Write-in ballot" means a ballot containing any write-in votes.
392 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
393the ballot, in accordance with the procedures established in this title.
394 Section 2. Section 20A-1-105 is enacted to read:
395 Part 1. Elections: General Provisions and Election Oversight
396 20A-1-105. Chief election officer of the state -- Duties, authority, and
397enforcement. 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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398 (1) The lieutenant governor:
399 (a) is the chief election officer of the state;
400 (b) is responsible to oversee, and generally supervise, all elections and functions
401relating to elections in the state; and
402 (c) shall enforce compliance by election officers with all legal requirements relating to
403elections, including:
404 (i) Public Law 103-31, the National Voter Registration Act of 1993;
405 (ii) Public Law 107-252, the Help America Vote Act of 2002;
406 (iii) all other applicable provisions of federal law and rule relating to elections;
407 (iv) state law relating to elections;
408 (v) the requirements of this title; and
409 (vi) rules made under this title.
410 (2) To the extent that the lieutenant governor determines the following is useful in
411fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
412 (a) full access to closely observe, examine, and copy all records, documents,
413recordings, and other information in the custody or control of an election officer or a board of
414canvassers;
415 (b) full access to closely observe, examine, and copy all voter registration records,
416ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
417custody or control of an election officer or a board of canvassers;
418 (c) full access to closely observe and examine all facilities, storage areas, and
419equipment, and to closely observe, examine, or copy all materials, in the custody or control of
420an election officer or a board of canvassers;
421 (d) full access to all staff, including full-time, part-time, and volunteer staff of an
422election officer or a board of canvassers;
423 (e) full access to closely observe, examine, and copy all records and information
424relating to election audits that are conducted, directed, or commissioned by a county clerk;
425 (f) the right to attend any meeting, including a closed meeting, relating to a matter
426within the scope of authority or responsibility of the lieutenant governor described in this
427chapter or Subsection 67-1a-2(2); and
428 (g) the right to closely observe and examine any work or other process relating to a 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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429matter within the scope of authority or responsibility of the lieutenant governor described in
430this chapter or Subsection 67-1a-2(2).
431 (3) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
432 (a) fulfillment, by the lieutenant governor, of the responsibilities described in
433Subsection (1); and
434 (b) obtaining the access and exercising the rights described in Subsection (2).
435 (4) If the lieutenant governor determines that an election officer is in violation of a law
436or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the
437violation and bring the election officer into compliance with the law or rule:
438 (a) shall consult with the election officer; and
439 (b) may provide training and other assistance to the election officer to the extent the
440lieutenant governor determines warranted.
441 (5) If a violation continues after the lieutenant governor complies with Subsection
442(4)(a), the lieutenant governor shall issue a written order to the election officer that:
443 (a) describes the violation;
444 (b) describes the action taken under Subsection (4) to remedy the violation and bring
445the election officer into compliance with the law or rule;
446 (c) directs the election officer to remedy and cease the violation;
447 (d) describes the specific actions the election officer must take to comply with the
448order;
449 (e) states the deadline for the election officer to comply with the order; and
450 (f) describes the actions the election officer must take to verify compliance with the
451order.
452 (6) (a) An order described in Subsection (5) has the force of law.
453 (b) An election officer shall fully comply with an order described in Subsection (5)
454unless the election officer obtains a court order rescinding or modifying the order in accordance
455with Subsections (7) through (9).
456 (7) An election officer desiring to seek a court order described in Subsection (6) shall
457file an action seeking a court order within 10 days after the day on which the lieutenant
458governor issues the order described in Subsection (5).
459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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460only to the extent that:
461 (a) the order is arbitrary or capricious;
462 (b) the court finds that the violation alleged by the lieutenant governor did not occur; or
463 (c) the court determines that the violation alleged by the lieutenant governor is not a
464violation of law or rule.
465 (9) An election officer who files an action described in Subsection (7) has the burden
466of proof.
467 (10) This section does not prohibit the lieutenant governor from bringing a legal action,
468at any time, to compel an election officer to comply with the law and rules described in
469Subsection (1).
470 Section 3. Section 20A-1-106 is enacted to read:
471 20A-1-106. Duties of a clerk.
472 (1) As used in this section, "clerk" means an election officer other than the lieutenant
473governor.
474 (2) A clerk shall:
475 (a) comply with all of the following in relation to elections:
476 (i) federal and state law;
477 (ii) federal and state rules; and
478 (iii) the policies and direction of the lieutenant governor; and
479 (b) diligently learn and become familiar with the law, rules, policies, and direction
480described in Subsection (2)(a).
481 Section 4. Section 20A-1-107 is enacted to read:
482 20A-1-107. Elections training -- Training required -- Reimbursement.
483 (1) As used in this section, "election administrator" means:
484 (a) a county clerk; and
485 (b) if the county clerk employs one or more individuals who assist with elections:
486 (i) the most senior employee who assists with elections; or
487 (ii) if more than one employee qualifies as the most senior employee under Subsection
488(1)(b)(i), one of those employees, as designated by the election officer.
489 (2) The lieutenant governor shall, in accordance with this section:
490 (a) design and provide training to election officers and government workers who 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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491perform functions relating to elections; and
492 (b) provide the training described in this section without charge to the officers and
493workers described in Subsection (2)(a).
494 (3) The training shall include:
495 (a) a course designed for election administrators:
496 (i) that may include multiple sessions;
497 (ii) that may require attendance on multiple occasions; and
498 (iii) for which the lieutenant governor may, notwithstanding Section 63G-22-103,
499require live attendance; and
500 (b) a course designed for government workers, who perform functions relating to
501elections, that consists of modules relating to individual election processes.
502 (4) (a) An election administrator who was elected, appointed, or hired before May 3,
5032023, shall:
504 (i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
505 (ii) complete all sessions within four years after the election administrator takes the
506first session.
507 (b) An election administrator who is elected, appointed, or hired on or after May 3,
5082023, shall:
509 (i) begin the first session described in Subsection (3)(a) within one year after the day
510on which the election administrator is elected, appointed, or hired; and
511 (ii) complete all sessions within four years after the election administrator takes the
512first session.
513 (5) The lieutenant governor shall reimburse an election administrator who is required
514under this section to attend the training described in Subsection (3)(a) per diem and travel
515expenses for attending the training, in accordance with:
516 (a) Section 63A-3-106;
517 (b) Section 63A-3-107; and
518 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
51963A-3-107.
520 (6) An individual may not perform an election process for which the lieutenant
521governor has developed an online training module described in Subsection (3)(b), unless the 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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522individual has completed the training module developed for that election process.
523 (7) The director of elections, within the Office of the Lieutenant Governor, may make
524rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
525establishing requirements for:
526 (a) complying with the training requirements described in this section; and
527 (b) supplemental or refresher training that the lieutenant governor determines is needed
528to ensure the integrity of elections in the state.
529 Section 5. Section 20A-1-108 is enacted to read:
530 20A-1-108. Audits -- Studies relating to elections.
531 (1) Except as provided in Subsection (2):
532 (a) the director of elections within the Office of the Lieutenant Governor shall make
533rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
534establishing requirements and procedures for an audit described in this title; and
535 (b) an election officer shall ensure that, when an audit is conducted of work done
536during ballot processing, the individual who performs the audit does not audit the individual's
537own work.
538 (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
539general or the lieutenant governor.
540 (3) The lieutenant governor shall keep the Government Operations Interim Committee
541informed of advances in election technology that the committee may want to study for use in
542Utah's elections.
543 (4) The lieutenant governor shall:
544 (a) study methods to improve post-election audits to confirm that the election correctly
545identified the winning candidates, including evaluating:
546 (i) different risk-limiting audit methods; and
547 (ii) other confirmation methods; and
548 (b) at or before the last 2023 meeting of the Government Operations Interim
549Committee, report to the committee on:
550 (i) the methods studied; and
551 (ii) recommendations for post-election audit requirements.
552 (5) The Driver License Division shall, in cooperation with the lieutenant governor: 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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553 (a) study:
554 (i) the options for improving the quality of signatures collected by the Driver License
555Division that are used for signature verification in an election; and
556 (ii) the technology needs and costs associated with the options described in Subsection
557(5)(a)(i); and
558 (b) at or before the last 2023 meeting of the Government Operations Interim
559Committee, report to the committee on:
560 (i) the options, technology needs, and costs described in Subsection (5)(a); and
561 (ii) recommendations regarding the options described in Subsection (5)(a)(i).
562 Section 6. Section 20A-2-206 is amended to read:
563 20A-2-206. Electronic registration.
564 (1) The lieutenant governor shall create and maintain an electronic system that is
565publicly available on the Internet for an individual to apply for voter registration or
566preregistration.
567 (2) An electronic system for voter registration or preregistration shall require:
568 (a) that an applicant have a valid driver license or identification card, issued under Title
56953, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
570of residence;
571 (b) that the applicant provide the information required by Section 20A-2-104, except
572that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
573and [(4)] (5);
574 (c) that the applicant attest to the truth of the information provided; and
575 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
576applicant's:
577 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
578Uniform Driver License Act, for voter registration purposes; or
579 (ii) signature on file in the lieutenant governor's statewide voter registration database
580developed under Section [20A-2-109] 20A-2-502.
581 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
582voter registration or preregistration created under this section is not required to complete a
583printed registration form. 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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584 (4) A system created and maintained under this section shall provide the notices
585concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
586 (5) The lieutenant governor shall:
587 (a) obtain a digital copy of the applicant's driver license or identification card signature
588from the Driver License Division; or
589 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
590statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
591 (6) The lieutenant governor shall send the information to the county clerk for the
592county in which the applicant's principal place of residence is found for further action as
593required by Section 20A-2-304 after:
594 (a) receiving all information from an applicant; and
595 (b) (i) receiving all information from the Driver License Division; or
596 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
597statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
598 (7) The lieutenant governor may use additional security measures to ensure the
599accuracy and integrity of an electronically submitted voter registration.
600 (8) If an individual applies to register under this section no later than 11 calendar days
601before the date of an election, the county clerk shall:
602 (a) accept and process the voter registration form;
603 (b) unless the individual named in the form is preregistering to vote:
604 (i) enter the applicant's name on the list of registered voters for the voting precinct in
605which the applicant resides; and
606 (ii) notify the individual that the individual is registered to vote in the upcoming
607election; and
608 (c) if the individual named in the form is preregistering to vote, comply with Section
60920A-2-101.1.
610 (9) If an individual applies to register under this section after the deadline described in
611Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
612 (a) accept the application for registration; and
613 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
614individual that the individual will not be registered to vote in the pending election, unless the 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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615individual registers to vote by provisional ballot during the early voting period, if applicable, or
616on election day, in accordance with Section 20A-2-207.
617 (10) The lieutenant governor shall provide a means by which a registered voter shall
618sign the application form.
619 Section 7. Section 20A-2-300.6 is amended to read:
620 Part 3. Voter Registration Responsibilities
621 20A-2-300.6. Voter registration activities -- Coordination among local, state, and
622federal officials.
623 [(1) The lieutenant governor is Utah's chief elections officer. (2)] The lieutenant
624governor shall:
625 [(a) oversee all of Utah's:]
626 [(i) voter registration activities; and]
627 [(ii) other responsibilities established by:]
628 [(A) Public Law 103-31, the National Voter Registration Act of 1993; and]
629 [(B) Public Law 107-252, the Help America Vote Act of 2002; and]
630 (1) oversee, manage, and coordinate all voter registration activities in the state; and
631 [(b)] (2) coordinate with local, state, and federal officials to ensure compliance with
632state and federal election laws.
633 [(3) The lieutenant governor, in cooperation with the county clerks, shall develop a
634general program to obtain change of address information in order to remove the names of
635ineligible voters from the official register.]
636 Section 8. Section 20A-2-501 is enacted to read:
637 20A-2-501. Definitions.
638 As used in this part:
639 (1) "Annual maintenance utility" means a tool within the system that:
640 (a) is designed to comply with Section 20A-2-305;
641 (b) a county clerk is required to run on an annual basis; and
642 (c) identifies each inactive voter and each voter to be removed from the voter
643registration database.
644 (2) "Database" means the statewide voter registration database, described in Subsection
64520A-2-502(1)(a) that: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 22 -
646 (a) is maintained and updated via the system; and
647 (b) uses information relative to voter registration and voting, including information that
648is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another
649state.
650 (3) "Duplicate voter utility" means a tool within the system that runs a set of queries to
651identify potential duplicate voter records.
652 (4) "System" means the statewide voter registration system described in Subsection
65320A-2-502(1)(a), including the database and all information within the system or database.
654 (5) "Voter identification verification tool" means a tool within the system that
655compares data in a voter registration record to Driver License Division data and Social Security
656Administration data to verify voter identification.
657 Section 9. Section 20A-2-502, which is renumbered from Section 20A-2-109 is
658renumbered and amended to read:
659 [20A-2-109]. 20A-2-502. Statewide voter registration system --
660Maintenance and update of system -- Record security -- List of incarcerated felons --
661Public document showing compliance by county clerks.
662 (1) [(a) (i)] The lieutenant governor shall:
663 (a) develop, manage, and maintain a statewide voter registration [database.] system to
664be used by county clerks to maintain an updated statewide voter registration database in
665accordance with this section and rules made under Section 20A-2-507;
666 (b) except as provided in Subsection (2)(c), regularly update the system with
667information relevant to voter registration, as follows:
668 (i) on at least a weekly basis, information received from the Driver License Division in
669relation to:
670 (A) voter registration;
671 (B) a registered voter's change of address; or
672 (C) a registered voter's change of name;
673 (ii) on at least a weekly basis, the information described in Subsection 26-2-13(11)
674from the state registrar, regarding deceased individuals;
675 (iii) on at least a monthly basis, the information described in Subsection (3), received
676from the Department of Corrections regarding incarcerated individuals; 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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677 (iv) on at least a monthly basis, information received from other states, including
678information received under an agreement described in Subsection (2); and
679 (v) within 31 days after receiving information relevant to voter registration, other than
680the information described in Subsections (1)(b)(i) through (v);
681 (c) regularly monitor the system to ensure that each county clerk complies with the
682requirements of this part and rules made under Section 20A-2-507;
683 [(ii) (A) The lieutenant governor may compare the information in the statewide voter
684registration database with information submitted by a registered voter to a state agency to
685identify a change in a registered voter's principal place of residence or name.]
686 [(B) The lieutenant governor shall] (d) establish matching criteria and security
687measures for identifying a change described in Subsection [(1)(a)(ii)(A)] (1)(b) to ensure the
688accuracy of a voter registration record[.]; and
689 [(C) The lieutenant governor shall] (e) on at least a monthly basis:
690 (i) use the matching criteria and security measures described in Subsection (1)(d) to
691compare information in the database to identify duplicate data, contradictory data, and changes
692in data;
693 (ii) notify the applicable county clerk of the data identified; and
694 (iii) notify the county clerk of the county in which [the] a voter's principal place of
695residence is located of [the change in the] a change in a registered voter's principal place of
696residence or name.
697 [(b) Each county clerk shall utilize the statewide voter registration database when
698recording or modifying voter registration records.]
699 [(2) (a) The lieutenant governor shall establish and implement a procedure to maintain
700the accuracy of the statewide voter registration database by using information available from:]
701 [(i) a voter;]
702 [(ii) a governmental entity, as defined by Section 63G-2-103; or]
703 [(iii) another state.]
704 [(b)] (2) (a) Subject to Subsection [(2)(c)] (2)(b), the lieutenant governor may
705cooperate or enter into an agreement with a governmental entity or another state to share
706information [to implement the procedure established under Subsection (2)(a)] and increase the
707accuracy of the database. 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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708 [(c)] (b) For a record shared under Subsection [(2)(b)] (2)(a), the lieutenant governor
709shall ensure:
710 (i) that the record is only used to maintain the accuracy of [a voter registration] the
711database;
712 (ii) compliance with Section 63G-2-206; and
713 (iii) that the record is secure from unauthorized use by employing data encryption or
714another similar technology security system.
715 (c) The lieutenant governor is not required to comply with an updating requirement
716described in Subsection (1)(b) to the extent that the person responsible to provide the
717information to the lieutenant governor fails to provide the information.
718 (3) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
719Utah.
720 (b) [(i)] The Department of Corrections shall provide the lieutenant governor's office
721with [a list of]:
722 (i) the name and last-known address of each [person] individual who:
723 (A) was convicted of a felony in a Utah state court; and
724 (B) is currently incarcerated for commission of a felony[.]; and
725 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
726and the method of transmitting the information after consultation with the Department of
727Corrections.]
728 [(c) (i)] (ii) [The Department of Corrections shall provide the lieutenant governor's
729office with a list containing] the name of each convicted felon who has been released from
730incarceration.
731 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
732and the method of transmitting the information after consultation with the Department of
733Corrections.]
734 (4) The lieutenant governor shall maintain on the lieutenant governor's website a
735document that:
736 (a) describes the utilities and tools within the system that a county clerk is required to
737run;
738 (b) describes the actions, if any, that a county clerk is required to take in relation to the 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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739results of running a utility or tool;
740 (c) lists, by date, the recurring deadlines by which a county clerk must comply with
741Subsection (4)(a) or (b); and
742 (d) indicates, by county:
743 (i) whether the county clerk timely complies with each deadline described in
744Subsection (4)(c); and
745 (ii) if the county clerk fails to timely comply with a deadline described in Subsection
746(4)(c), whether the county clerk subsequently complies with the deadline and the date on which
747the county clerk complies.
748 Section 10. Section 20A-2-503, which is renumbered from Section 20A-2-304.5 is
749renumbered and amended to read:
750 [20A-2-304.5]. 20A-2-503. County clerk's responsibilities -- Updating voter
751registration.
752 (1) (a) Each county clerk shall use the system to record or modify all voter registration
753records.
754 (b) A county clerk shall:
755 (i) at the time the county clerk enters a voter registration record into the system, run the
756system's voter identification verification tool in relation to the record; and
757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the
758lieutenant governor the information described in Subsection 20A-2-502(4).
759 [(1)] (2) A county clerk who receives notification from the lieutenant governor, as
760provided in Subsection [20A-2-109(1)] 20A-2-502(1)(e), of a change in a registered voter's
761principal place of residence or name may verify the change with the registered voter.
762 [(2)] (3) Unless the county clerk verifies that a change described in Subsection [(1)] (2)
763is incorrect, the county clerk shall:
764 (a) change the voter registration record to show the registered voter's current name and
765address; and
766 (b) notify the registered voter of the change to the voter registration record.
767 (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
768 (a) on at least a monthly basis, run the duplicate voter utility and take the action
769required to resolve potential duplicate data identified by the utility; and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
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770 (b) every December, run the annual maintenance utility.
771 [(3)] (5) (a) If a voter does not vote in any election during the period beginning on the
772date of any regular general election and ending on the day after the date of the next regular
773general election, and the county clerk has not sent the voter a notice described in Section
774[20A-2-306] 20A-2-505 during the period, the county clerk shall, within 14 days after the day
775on which the county clerk runs the annual maintenance utility, send to the voter a preaddressed
776return form in substantially the following form:
777 "VOTER REGISTRATION ADDRESS"
778 To ensure the address on your voter registration is correct, please complete and return
779this form if your address has changed. What is your current street address?
780____________________________________________________________________________
781Street City County State ZIP
782___________________________
783Signature of Voter
784 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a
785postal service that will notify the county clerk if the voter has changed the voter's address.
786 Section 11. Section 20A-2-504, which is renumbered from Section 20A-2-305 is
787renumbered and amended to read:
788 [20A-2-305]. 20A-2-504. Removing names from the official register --
789General requirements.
790 (1) The county clerk may not remove a voter's name from the official register solely
791because the voter has failed to vote in an election.
792 (2) The county clerk shall remove a voter's name from the official register if:
793 (a) the voter dies and the requirements of Subsection (3) are met;
794 (b) the county clerk, after complying with the requirements of Section [20A-2-306]
79520A-2-505, receives written confirmation from the voter that the voter no longer resides within
796the county clerk's county;
797 (c) [the county clerk has:]
798 (i) [obtained] the county clerk obtains evidence that the voter's residence has changed;
799 (ii) [mailed] the county clerk mails notice to the voter as required [by] under Section
800[20A-2-306] 20A-2-505; 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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801 (iii) the county clerk:
802 (A) [received] receives no response from the voter; or
803 (B) [not received] does not receive information that confirms the voter's residence; and
804 (iv) the voter [has failed to] does not vote or appear to vote in an election during the
805period beginning on the date of the notice described in Section [20A-2-306] 20A-2-505 and
806ending on the day after the date of the second regular general election occurring after the date
807of the notice;
808 (d) the voter requests, in writing, that the voter's name be removed from the official
809register;
810 (e) the county clerk receives notice that a voter has been convicted of any felony or a
811misdemeanor for an offense under this title and the voter's right to vote has not been restored as
812provided in Section 20A-2-101.3 or 20A-2-101.5; or
813 (f) the county clerk receives notice that a voter has registered to vote in another state
814after the day on which the voter registered to vote in this state.
815 (3) The county clerk shall remove a voter's name from the official register within five
816business days after the day on which the county clerk receives confirmation from the
817[Department of Health's Bureau] Office of Vital Records that the voter is deceased.
818 (4) No later than 90 days before each primary and general election, the county clerk
819shall update the official register by reviewing the official register and taking the actions
820permitted or required by law under this section, Section [20A-2-304.5] 20A-2-503, and Section
821[20A-2-306] 20A-2-505.
822 Section 12. Section 20A-2-505, which is renumbered from Section 20A-2-306 is
823renumbered and amended to read:
824 [20A-2-306]. 20A-2-505. Removing names from the official register --
825Determining and confirming change of residence.
826 (1) A county clerk may not remove a voter's name from the official register on the
827grounds that the voter has changed residence unless the voter:
828 (a) confirms in writing that the voter has changed residence to a place outside the
829county; or
830 (b) (i) [has not voted] does not vote in an election during the period beginning on the
831date of the notice [required by] described in Subsection (3), and ending on the day after the 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 28 -
832date of the second regular general election occurring after the date of the notice; and
833 (ii) [has failed to] does not respond to the notice [required by] described in Subsection
834(3).
835 (2) (a) [When a] Within 31 days after the day on which a county clerk obtains
836information that a voter's address has changed, [and] if it appears that the voter still resides
837within the same county, the county clerk shall:
838 (i) change the official register to show the voter's new address; and
839 (ii) send to the voter, by forwardable mail, the notice [required by] described in
840Subsection (3) [printed on a postage prepaid, preaddressed return form].
841 (b) When a county clerk obtains information that a voter's address has changed and it
842appears that the voter now resides in a different county, the county clerk shall verify the
843changed residence by sending to the voter, by forwardable mail, the notice [required by]
844described in Subsection (3), printed on a postage prepaid, preaddressed return form.
845 (3) (a) Each county clerk shall use substantially the following form to notify voters
846whose addresses have changed:
847 "VOTER REGISTRATION NOTICE
848 We have been notified that your residence has changed. Please read, complete, and
849return this form so that we can update our voter registration records. What is your current
850street address?
851___________________________________________________________________________
852Street City County State Zip
853 What is your current phone number (optional)?________________________________
854 What is your current email address (optional)?_________________________________
855 If you have not changed your residence, or have moved but stayed within the same
856county, you must complete and return this form to the county clerk so that it is received by the
857county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
858return this form within that time:
859 - you may be required to show evidence of your address to the poll worker before being
860allowed to vote in either of the next two regular general elections; or
861 - if you fail to vote at least once, from the date this notice was mailed until the passing
862of two regular general elections, you will no longer be registered to vote. If you have changed 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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863your residence and have moved to a different county in Utah, you may register to vote by
864contacting the county clerk in your county.
865________________________________________
866Signature of Voter
867 PRIVACY INFORMATION
868 Voter registration records contain some information that is available to the public, such
869as your name and address, some information that is available only to government entities, and
870some information that is available only to certain third parties in accordance with the
871requirements of law.
872 Your driver license number, identification card number, social security number, email
873address, full date of birth, and phone number are available only to government entities. Your
874year of birth is available to political parties, candidates for public office, certain third parties,
875and their contractors, employees, and volunteers, in accordance with the requirements of law.
876 You may request that all information on your voter registration records be withheld
877from all persons other than government entities, political parties, candidates for public office,
878and their contractors, employees, and volunteers, by indicating here:
879 _____ Yes, I request that all information on my voter registration records be withheld
880from all persons other than government entities, political parties, candidates for public office,
881and their contractors, employees, and volunteers.
882 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
883 In addition to the protections provided above, you may request that all information on
884your voter registration records be withheld from all political parties, candidates for public
885office, and their contractors, employees, and volunteers, by submitting a withholding request
886form, and any required verification, as described in the following paragraphs.
887 A person may request that all information on the person's voter registration records be
888withheld from all political parties, candidates for public office, and their contractors,
889employees, and volunteers, by submitting a withholding request form with this registration
890record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
891resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
892 A person may request that all information on the person's voter registration records be
893withheld from all political parties, candidates for public office, and their contractors, 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 30 -
894employees, and volunteers, by submitting a withholding request form and any required
895verification with this registration form, or to the lieutenant governor or a county clerk, if the
896person is, or resides with a person who is, a law enforcement officer, a member of the armed
897forces, a public figure, or protected by a protective order or a protection order."
898 (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
899section in substantially the following form:
900------------------------------------------------------------------------------------------------------------------
901 BALLOT NOTIFICATIONS
902 If you have provided a phone number or email address, you can receive notifications by
903text message or email regarding the status of a ballot that is mailed to you or a ballot that you
904deposit in the mail or in a ballot drop box, by indicating here:
905 ______ Yes, I would like to receive electronic notifications regarding the status of my
906ballot.
907------------------------------------------------------------------------------------------------------------------
908 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
909names of any voters from the official register during the 90 days before a regular primary
910election [and] or the 90 days before a regular general election.
911 (b) The county clerk may remove the names of voters from the official register during
912the 90 days before a regular primary election [and] or the 90 days before a regular general
913election if:
914 (i) the voter requests, in writing, that the voter's name be removed; or
915 (ii) the voter [has died] dies.
916 (c) (i) After a county clerk mails a notice [as required in] under this section, the county
917clerk [may] shall, unless otherwise prohibited by law, list that voter as inactive.
918 (ii) If a county clerk receives a returned voter identification card, determines that there
919was no clerical error causing the card to be returned, and has no further information to contact
920the voter, the county clerk [may] shall, unless otherwise prohibited by law, list that voter as
921inactive.
922 (iii) An inactive voter [shall be allowed to] may vote, sign petitions, and have all other
923privileges of a registered voter.
924 (iv) A county is not required to: 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 31 -
925 (A) send routine mailings to an inactive voter [and is not required to]; or
926 (B) count inactive voters when dividing precincts and preparing supplies.
927 (5) [Beginning on or before January 1, 2022, the] The lieutenant governor shall make
928available to a county clerk United States Social Security Administration data received by the
929lieutenant governor regarding deceased individuals.
930 (6) A county clerk shall, within ten business days after the day on which the county
931clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
932relating to a decedent whose name appears on the official register, remove the decedent's name
933from the official register.
934 (7) Ninety days before each primary and general election the lieutenant governor shall
935compare the information the lieutenant governor has received under Subsection 26-2-13(11)
936with the official register of voters to ensure that all deceased voters have been removed from
937the official register.
938 Section 13. Section 20A-2-506, which is renumbered from Section 20A-2-308 is
939renumbered and amended to read:
940 [20A-2-308]. 20A-2-506. Lieutenant governor and county clerks to
941preserve records.
942 (1) As used in this section:
943 (a) "Voter registration record" means a record concerning the implementation of
944programs and activities conducted for the purpose of ensuring that the official register is
945accurate and current.
946 (b) "Voter registration record" does not include a record that:
947 (i) relates to a person's decision to decline to register to vote; or
948 (ii) identifies the particular public assistance agency, discretionary voter registration
949agency, or Driver License Division through which a particular voter registered to vote.
950 (2) The lieutenant governor and each county clerk shall:
951 (a) preserve for at least two years all records relating to voter registration, including:
952 (i) the official register; and
953 (ii) [the names and addresses of all persons] the name and address of each individual to
954whom the notice required by Section [20A-2-306] 20A-2-505 was sent and a notation [as to
955whether or not the person] regarding whether the individual responded to the notice; 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 32 -
956 (b) make a voter registration record available for public inspection, except for a voter
957registration record, or part of a voter registration record that is classified as private under
958Section 63G-2-302; and
959 (c) allow a record or part of a record described in Subsection (2)(b) that is not
960classified as a private record to be photocopied for a reasonable cost.
961 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
962the official register made at the following times:
963 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
964 (b) the day of the election; and
965 (c) the last day of the canvass.
966 Section 14. Section 20A-2-507 is enacted to read:
967 20A-2-507. Rulemaking authority relating to voter registration records.
968 The director of elections within the Office of the Lieutenant Governor shall make rules,
969in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
970 (1) to regulate the use, security, maintenance, data entry, and update of the system;
971 (2) establishing duties and deadlines for a county clerk to:
972 (a) ensure that the database is updated, accurate, and secure; and
973 (b) regularly report to the lieutenant governor the information described in Subsection
97420A-2-502(4); and
975 (3) establishing requirements for a county clerk in relation to:
976 (a) running the utilities and tools in the system;
977 (b) actions that the county clerk is required to take in response to the matters identified,
978or the results produced, from running the utilities and tools; and
979 (c) documenting and reporting compliance with the requirements of this part and rules
980made under this section.
981 Section 15. Section 20A-3a-106 is enacted to read:
982 20A-3a-106. Rulemaking authority relating to conducting an election.
983 The director of elections, within the Office of the Lieutenant Governor, may make
984rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
985establishing requirements for:
986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 33 -
987security of the envelopes;
988 (2) complying with the signature comparison audit requirements described in Section
98920A-3a-402.5; or
990 (3) conducting and documenting the identity verification process described in
991Subsection 20A-3a-401(7)(b).
992 Section 16. Section 20A-3a-202 is amended to read:
993 20A-3a-202. Conducting election by mail.
994 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
995Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
996accordance with this section.
997 (b) An individual who did not provide valid voter identification at the time the voter
998registered to vote shall provide valid voter identification before voting.
999 (2) An election officer who administers an election:
1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
1001and no later than seven days before election day, mail to each active voter within a voting
1002precinct:
1003 (i) a manual ballot;
1004 (ii) a return envelope;
1005 (iii) instructions for returning the ballot that include an express notice about any
1006relevant deadlines that the voter must meet in order for the voter's vote to be counted;
1007 (iv) for an election administered by a county clerk, information regarding the location
1008and hours of operation of any election day voting center at which the voter may vote or a
1009website address where the voter may view this information;
1010 (v) for an election administered by an election officer other than a county clerk, if the
1011election officer does not operate a polling place or an election day voting center, a warning, on
1012a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
1013instructions included with the ballot, the voter will be unable to vote in that election because
1014there will be no polling place for the voting precinct on the day of the election; and
1015 (vi) [after May 1, 2022,] instructions on how a voter may sign up to receive electronic
1016ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
1017 (b) may not mail a ballot under this section to: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 34 -
1018 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1019 (ii) a voter whom the election officer is prohibited from sending a ballot under
1020Subsection [(10)(c)(ii); and] (9)(c)(ii);
1021 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
1022include instructions for returning the ballot if the individual to whom the election officer mails
1023the ballot does not live at the address to which the ballot is sent[.];
1024 (d) shall provide a method of accessible voting to a voter with a disability who is not
1025able to vote by mail; and
1026 (e) shall include, on the election officer's website and with each ballot mailed,
1027instructions regarding how a voter described in Subsection (2)(d) may vote.
1028 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1029the manual ballot to the address:
1030 (i) provided at the time of registration; or
1031 (ii) if, at or after the time of registration, the voter files an alternate address request
1032form described in Subsection (3)(b), the alternate address indicated on the form.
1033 (b) The lieutenant governor shall make available to voters an alternate address request
1034form that permits a voter to request that the election officer mail the voter's ballot to a location
1035other than the voter's residence.
1036 (c) A voter shall provide the completed alternate address request form to the election
1037officer no later than 11 days before the day of the election.
1038 (4) The return envelope shall include:
1039 (a) the name, official title, and post office address of the election officer on the front of
1040the envelope;
1041 (b) a space where a voter may write an email address and phone number by which the
1042election officer may contact the voter if the voter's ballot is rejected;
1043 (c) a printed affidavit in substantially the following form:
1044 "County of ____State of ____
1045 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1046in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1047currently incarcerated for commission of a felony.
1048 ______________________________ 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 35 -
1049 Signature of Voter"; and
1050 (d) a warning that the affidavit must be signed by the individual to whom the ballot
1051was sent and that the ballot will not be counted if the signature on the affidavit does not match
1052the signature on file with the election officer of the individual to whom the ballot was sent.
1053 (5) If the election officer determines that the voter is required to show valid voter
1054identification, the election officer may:
1055 (a) mail a ballot to the voter;
1056 (b) instruct the voter to include a copy of the voter's valid voter identification with the
1057return ballot; and
1058 (c) provide instructions to the voter on how the voter may sign up to receive electronic
1059ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
1060 (6) An election officer who administers an election shall:
1061 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
1062election; or
1063 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1064and
1065 (b) maintain the signatures on file in the election officer's office.
1066 (7) Upon receipt of a returned ballot, the election officer shall review and process the
1067ballot under Section 20A-3a-401.
1068 (8) A county that administers an election:
1069 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
1070Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
1071additional election day voting center for every 5,000 active voters in the county who have
1072requested to not receive a ballot by mail;
1073 (b) shall ensure that each election day voting center operated by the county has at least
1074one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1075Pub. L. No. 107-252, for individuals with disabilities;
1076 (c) may reduce the early voting period described in Section 20A-3a-601, if:
1077 (i) the county clerk conducts early voting on at least four days;
1078 (ii) the early voting days are within the period beginning on the date that is 14 days
1079before the date of the election and ending on the day before the election; and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 36 -
1080 (iii) the county clerk provides notice of the reduced early voting period in accordance
1081with Section 20A-3a-604; and
1082 (d) is not required to pay return postage for a ballot[; and].
1083 [(e) is subject to an audit conducted under Subsection (9).]
1084 [(9) (a) The lieutenant governor shall:]
1085 [(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
1086an election conducted under this section; and]
1087 [(ii) after each primary, general, or special election conducted under this section, select
1088a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
1089developed under Subsection (9)(a)(i).]
1090 [(b) The lieutenant governor shall post the results of an audit conducted under this
1091Subsection (9) on the lieutenant governor's website.]
1092 [(10)] (9) (a) An individual may request that the election officer not send the individual
1093a ballot by mail in the next and subsequent elections by submitting a written request to the
1094election officer.
1095 (b) An individual shall submit the request described in Subsection [(10)(a)] (9)(a) to
1096the election officer before 5 p.m. no later than 60 days before an election if the individual does
1097not wish to receive a ballot by mail in that election.
1098 (c) An election officer who receives a request from an individual under Subsection
1099[(10)(a)] (9)(a):
1100 (i) shall remove the individual's name from the list of voters who will receive a ballot
1101by mail; and
1102 (ii) may not send the individual a ballot by mail for:
1103 (A) the next election, if the individual submits the request described in Subsection
1104[(10)(a)] (9)(a) before the deadline described in Subsection [(10)(b)] (9)(b); or
1105 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (9)(c)(ii)(A).
1106 (d) An individual who submits a request under Subsection [(10)(a)] (9)(a) may resume
1107the individual's receipt of a ballot by mail by submitting a written request to the election
1108officer.
1109 Section 17. Section 20A-3a-401 is amended to read:
1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box -- 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 37 -
1111Disposition -- Notice.
1112 (1) This section governs ballots returned by mail or via a ballot drop box.
1113 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
1114the custody of the poll workers in accordance with [Subsection (2)(b)] this section.
1115 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
1116the return envelope to the signature of the voter in the voter registration records.
1117 (3) After complying with Subsection (2), the poll workers shall determine whether:
1118 (a) the signatures correspond;
1119 (b) the affidavit is sufficient;
1120 (c) the voter is registered to vote in the correct precinct;
1121 (d) the voter's right to vote the ballot has been challenged;
1122 (e) the voter has already voted in the election;
1123 (f) the voter is required to provide valid voter identification; and
1124 (g) if the voter is required to provide valid voter identification, whether the voter has
1125provided valid voter identification.
1126 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
1127workers determine [that]:
1128 [(i) the signatures correspond;]
1129 (i) in accordance with the rules made under Subsection (9):
1130 (A) that the signature on the affidavit of the return envelope is reasonably consistent
1131with the individual's signature in the voter registration records; or
1132 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
1133individual's identity is verified by alternative means;
1134 (ii) that the affidavit is sufficient;
1135 (iii) that the voter is registered to vote in the correct precinct;
1136 (iv) that the voter's right to vote the ballot has not been challenged;
1137 (v) that the voter has not already voted in the election; and
1138 (vi) for a voter required to provide valid voter identification, that the voter has
1139provided valid voter identification.
1140 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
1141workers shall: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 38 -
1142 (i) remove the manual ballot from the return envelope in a manner that does not
1143destroy the affidavit on the return envelope;
1144 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
1145with the return envelope; and
1146 (iii) place the ballot with the other ballots to be counted.
1147 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
1148the poll workers shall:
1149 (i) disallow the vote;
1150 (ii) without opening the return envelope, [mark across the face of the return envelope:]
1151record the ballot as "rejected" and state the reason for the rejection; and
1152 [(A) "Rejected as defective"; or]
1153 [(B) "Rejected as not a registered voter"; and]
1154 (iii) place the return envelope, unopened, with the other rejected return envelopes.
1155 (5) (a) If the poll workers reject an individual's ballot because the poll workers
1156determine, in accordance with rules made under Subsection (9), that the signature on the return
1157envelope [does not match] is not reasonably consistent with the individual's signature in the
1158voter registration records, the election officer shall:
1159 (i) contact the individual in accordance with Subsection [(7) by mail, email, text
1160message, or phone, and] (6); and
1161 (ii) inform the individual:
1162 [(i)] (A) that the individual's signature is in question;
1163 [(ii)] (B) how the individual may resolve the issue; and
1164 [(iii)] (C) that, in order for the ballot to be counted, the individual is required to deliver
1165to the election officer a correctly completed affidavit, provided by the county clerk, that meets
1166the requirements described in Subsection [(5)(b)] (5)(c).
1167 (b) The election officer shall ensure that the information provided under Subsection
1168(5)(a) includes:
1169 (i) when communicating by mail, a printed copy of the affidavit described in
1170Subsection (5)(c) and a courtesy reply envelope;
1171 (ii) when communicating electronically, a link to a copy of the affidavit described in
1172Subsection (5)(c) or information on how to obtain a copy of the affidavit; or 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 39 -
1173 (iii) when communicating by phone, either during a direct conversation with the voter
1174or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in
1175Subsection (5)(c), either in person from the clerk's office, by mail, or electronically.
1176 [(b)] (c) An affidavit described in Subsection [(5)(a)(iii)] (5)(a)(ii)(C) shall include:
1177 (i) an attestation that the individual voted the ballot;
1178 (ii) a space for the individual to enter the individual's name, date of birth, and driver
1179license number or the last four digits of the individual's social security number;
1180 (iii) a space for the individual to sign the affidavit; [and]
1181 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
1182governor's and county clerk's use of the individual's signature on the affidavit for voter
1183identification purposes[.]; and
1184 (v) a check box accompanied by language in substantially the following form:
1185 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
1186impacts my ability to sign my name consistently. I can provide appropriate documentation upon
1187request. To discuss accommodations, I can be contacted at __________________".
1188 [(c)] (d) In order for an individual described in Subsection (5)(a) to have the
1189individual's ballot counted, the individual shall deliver the affidavit described in Subsection
1190[(5)(b)] (5)(c) to the election officer.
1191 [(d)] (e) An election officer who receives a signed affidavit under Subsection [(5)(c)]
1192(5)(d) shall immediately:
1193 (i) scan the signature on the affidavit electronically and keep the signature on file in the
1194statewide voter registration database developed under Section [20A-2-109; and] 20A-2-502;
1195 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
1196the day on which the canvass begins, count the individual's ballot[.]; and
1197 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
1198rules described in Subsection (9)(c).
1199 [(6) If the poll workers reject an individual's ballot for any reason, other than the reason
1200described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
1201accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
1202for the rejection.]
1203 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 40 -
1204give the notice no later than:]
1205 [(a) if the election officer rejects the ballot before election day:]
1206 [(i) one business day after the day on which the election officer rejects the ballot, if the
1207election officer gives the notice by email or text message; or]
1208 [(ii) two business days after the day on which the election officer rejects the ballot, if
1209the election officer gives the notice by postal mail or phone;]
1210 [(b) seven days after election day if the election officer rejects the ballot on election
1211day; or]
1212 [(c) seven days after the canvass if the election officer rejects the ballot after election
1213day and before the end of the canvass.]
1214 (6) (a) The election officer shall, within two business days after the day on which an
1215individual's ballot is rejected, notify the individual of the rejection and the reason for the
1216rejection, by phone, mail, email, or SMS text message, unless:
1217 (i) the ballot is cured within one business day after the day on which the ballot is
1218rejected; or
1219 (ii) the ballot is rejected because the ballot is received late or for another reason that
1220cannot be cured.
1221 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
1222the election officer shall notify the individual of the rejection and the reason for the rejection by
1223phone, mail, email, or SMS text message, within the later of:
1224 (i) 30 days after the day of the rejection; or
1225 (ii) 30 days after the day of the election.
1226 (c) The election officer may, when notifying an individual by phone under this
1227Subsection (6), use auto-dial technology.
1228 [(8)] (7) An election officer may not count the ballot of an individual whom the
1229election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days
1230before the day on which the canvass begins, the election officer:
1231 [(a) the election officer receives a signed affidavit from the individual under
1232Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the
1233individual's identity; and]
1234 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 41 -
1235described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
1236the canvass begins.]
1237 (a) receives a signed affidavit from the individual under Subsection (5); or
1238 (b) (i) contacts the individual;
1239 (ii) informs the individual that it is unlawful to sign a ballot affidavit for another
1240person, even if the person gives permission;
1241 (iii) verifies the identity of the individual by:
1242 (A) requiring the individual to provide at least two types of personal identifying
1243information for the individual;
1244 (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
1245relating to the individual that are in the possession or control of an election officer; and
1246 (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
1247 (A) the name and voter identification number of the individual contacted;
1248 (B) the name of the individual who conducts the verification;
1249 (C) the date and manner of the communication;
1250 (D) the type of personal identifying information provided by the individual;
1251 (E) a description of the records against which the personal identifying information
1252provided by the individual is compared and verified; and
1253 (F) other information required by the lieutenant governor.
1254 [(9)] (8) The election officer shall:
1255 (a) retain and preserve the return envelopes in the manner provided by law for the
1256retention and preservation of ballots voted at that election[.];
1257 (b) retain and preserve the documentation described in Subsection (7)(b)(iv) in the
1258voter's voter registration record; and
1259 (c) make a record of the name and voter identification number of each voter contacted
1260under Subsection (7)(b).
1261 (9) The director of elections within the Office of the Lieutenant Governor shall make
1262rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1263establish:
1264 (a) criteria and processes for use by poll workers in determining if a signature is
1265reasonably consistent with the signature on file for the voter under Subsections (3)(a) and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 42 -
1266(4)(a)(i)(A);
1267 (b) training and certification requirements for election officers and employees of
1268election officers regarding the criteria and processes described in Subsection (9)(a); and
1269 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
1270U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
1271individual who checks the box described in Subsection (5)(c)(v).
1272 Section 18. Section 20A-3a-401.1 is enacted to read:
1273 20A-3a-401.1. Ballot chain of custody.
1274 (1) As used in this section:
1275 (a) "Batch" means a grouping of a specified number of ballots:
1276 (i) that is assembled by poll workers, and given a number to distinguish the grouping
1277from other groupings, when the ballots are first received for processing:
1278 (ii) that is kept together in the same grouping, and kept separate from other groupings,
1279throughout ballot processing; and
1280 (iii) for which a log is kept to document the chain of custody of the grouping.
1281 (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
1282return envelope that a poll worker has not separated from a ballot, as follows:
1283 (i) starting with receiving the ballot;
1284 (ii) each step taken in relation to a ballot as part of conducting an election; and
1285 (iii) ending after the ballots are counted and stored.
1286 (2) An election officer shall preserve the chain of custody of all ballots in accordance
1287with this section.
1288 (3) An election officer shall maintain an accurate, updated count of the number of
1289ballots that the election officer:
1290 (a) mails or otherwise provides to a voter;
1291 (b) receives from a voter;
1292 (c) counts;
1293 (d) rejects;
1294 (e) resolves after rejecting; or
1295 (f) does not resolve after rejecting.
1296 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 43 -
1297workers immediately count the number of ballots received and divide the ballots into batches.
1298 (5) The election officer shall ensure that:
1299 (a) ballots in each batch are kept separate from the ballots in other batches;
1300 (b) a ballot is not separated from a batch, except as necessary to the election process;
1301 (c) if a ballot is separated from a batch, the batch log indicates:
1302 (i) the ballot number;
1303 (ii) the date and time of removal;
1304 (iii) the identity of the individual who removes the ballot; and
1305 (iv) the reason the ballot is removed;
1306 (d) poll workers affix to, and keep with, each batch a log that includes:
1307 (i) a unique identifying code or number for the batch;
1308 (ii) the number of ballots in the batch;
1309 (iii) the date that the ballots were received; and
1310 (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
1311 (A) the date and time that the ballots are handled;
1312 (B) a description of what is done with the ballots;
1313 (C) the identity of the poll workers who handle the ballots; and
1314 (D) any other information required by rule under Subsection (7);
1315 (e) an election official who performs a ballot processing function performs the function
1316in the presence of at least one other election official;
1317 (f) to the extent reasonably possible, the poll workers who perform a ballot processing
1318function for a batch complete performing that function for the entire batch; and
1319 (g) each part of the processing of all ballots is monitored by recorded video, without
1320audio.
1321 (6) An election officer shall:
1322 (a) keep the recordings described in Subsection (5)(g) until the later of:
1323 (i) the end of the calendar year in which the election was held; or
1324 (ii) if the election is contested, when the contest is resolved; and
1325 (b) ensure that a camera, a video, or a recording of a video described in Subsection
1326(5)(g) may only be accessed:
1327 (i) by the election officer; 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 44 -
1328 (ii) by a custodian of the camera, video, or recording;
1329 (iii) by the lieutenant governor;
1330 (iv) by the legislative auditor general, when performing an audit; or
1331 (v) by, or pursuant to an order of, a court of competent jurisdiction.
1332 (7) An individual may not view a video, or a recording of a video, described in
1333Subsection (5)(g):
1334 (a) unless the individual is an individual described in Subsection (6)(b); and
1335 (b) the individual views the video to the extent necessary to:
1336 (i) ensure compliance with Subsection (5)(g) or (6); or
1337 (ii) investigate a concern relating to the processing of ballots.
1338 (8) The director of elections within the Office of the Lieutenant Governor may make
1339rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1340establishing specific requirements and procedures for an election officer or poll worker to:
1341 (a) fulfill the chain of custody requirements described in this section;
1342 (b) perform the signature verification audits described in Section 20A-3a-402.5; and
1343 (c) comply with the reconciliation requirements described in Subsection
134420A-4-304(2)(h).
1345 Section 19. Section 20A-3a-401.5 is amended to read:
1346 20A-3a-401.5. Ballot tracking system.
1347 (1) As used in this section:
1348 (a) "Ballot tracking system" means the system described in this section to track and
1349confirm the status of trackable ballots.
1350 (b) "Change in the status" includes:
1351 (i) when a trackable ballot is mailed to a voter;
1352 (ii) when an election official receives a voted trackable ballot; and
1353 (iii) when a voted trackable ballot is counted.
1354 (c) "Trackable ballot" means a manual ballot that is:
1355 (i) mailed to a voter in accordance with Section 20A-3a-202;
1356 (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
1357 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
1358 (d) "Voter registration database" means the [statewide voter registration database 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 45 -
1359described in Section 20A-2-109] database, as defined in Section 20A-2-501.
1360 (2) [(a)] The lieutenant governor shall [develop] operate and maintain a statewide or
1361locally based system to track and confirm when there is a change in the status of a trackable
1362ballot.
1363 [(b) The ballot tracking system shall be operational on or before May 1, 2022.]
1364 (3) [Beginning on May 1, 2022, if] If a voter elects to receive electronic notifications
1365regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
1366is a change in the status of the voter's trackable ballot:
1367 (a) send a text message notification to the voter if the voter's information in the voter
1368registration database includes a mobile telephone number;
1369 (b) send an email notification to the voter if the voter's information in the voter
1370registration database includes an email address; and
1371 (c) send a notification by another electronic means directed by the lieutenant governor.
1372 (4) The lieutenant governor shall ensure that the ballot tracking system and the
1373state-provided website described in Section 20A-7-801 automatically share appropriate
1374information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
1375the state-provided website free of charge.
1376 (5) The ballot tracking system shall include a toll-free telephone number or other
1377offline method by which a voter can confirm the status of the voter's trackable ballot.
1378 (6) The lieutenant governor shall ensure that the ballot tracking system:
1379 (a) is secure from unauthorized use by employing data encryption or other security
1380measures; and
1381 (b) is only used for the purposes described in this section.
1382 Section 20. Section 20A-3a-402.5 is enacted to read:
1383 20A-3a-402.5. Signature verification audits.
1384 (1) An election officer shall, in accordance with this section and rules made under
1385Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
1386on envelopes and voter signatures maintained by the election officer.
1387 (2) An individual who conducts an audit of signature comparisons may not audit the
1388individual's own work.
1389 (3) Before separating ballots from return envelopes, the election officer shall: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 46 -
1390 (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
1391the accuracy of the comparisons made; and
1392 (b) provide additional training or staff reassignments, as needed, based on the results of
1393the audit.
1394 (4) An election officer shall submit to the lieutenant governor and the board of
1395canvassers a record of:
1396 (a) the audits performed under this section;
1397 (b) the results of the audits; and
1398 (c) any remedial action taken.
1399 Section 21. Section 20A-3a-405 is amended to read:
1400 20A-3a-405. Ballot statistics.
1401 (1) [An] Except as provided in Subsection (5)(a), an election officer shall post and
1402update the data described in Subsection (2) on the election officer's website, on the following
1403days, after the election officer finishes processing ballots on that day:
1404 (a) the day on which the election officer begins mailing ballots;
1405 (b) [except as provided in Subsection (5)(a), until the day described in Subsection
1406(1)(c),] each Monday, Wednesday, and Friday after the day described in Subsection (1)(a), until
1407the final posting described in Subsection (1)(c); and
1408 (c) the [Friday before] Wednesday after the day of the election.
1409 (2) The data that an election officer is required to post under Subsection (1) includes:
1410 (a) the number of ballots in the county clerk's possession; and
1411 (b) of the number of ballots described in Subsection (2)(a):
1412 (i) the number of ballots that have not yet begun processing;
1413 (ii) the number of ballots in process; and
1414 (iii) the number of ballots processed.
1415 (3) Except as provided in Subsection (5)(b), an election officer shall post and update
1416the data described in Subsection (4) on the election officer's website on the following days:
1417 (a) the Friday after the day of the election;
1418 (b) [until the day described in Subsection (3)(c),] each Monday, Wednesday, and
1419Friday after the day described in Subsection (3)(a), until the final posting described in
1420Subsection (3)(c); and 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 47 -
1421 (c) on the last day of the canvass.
1422 (4) The data that an election officer is required to post under Subsection (3) includes:
1423 (a) a best estimate of the number of ballots received, to date, by the election officer;
1424 (b) the number of ballots in possession of the election officer that have been rejected
1425and are not yet cured;
1426 (c) the number of provisional ballots in the possession of the election officer that have
1427not been processed;
1428 (d) the number of ballots that need to be adjudicated, but have not yet been
1429adjudicated;
1430 (e) the number of ballots awaiting replication; and
1431 (f) the number of ballots that have been replicated.
1432 (5) (a) [Except for the Monday described in Subsection (1)(c), an] An election officer
1433is not required to update the data described in Subsection (2) on a Monday if the election
1434officer does not process any ballots the preceding Saturday or Sunday.
1435 (b) An election officer is not required to update the data described in Subsection (4) on
1436a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
1437 Section 22. Section 20A-4-102 is amended to read:
1438 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
1439polling place on day of election after polls close.
1440 (1) (a) This section governs counting manual ballots on the day of an election, if:
1441 (i) the ballots are cast at a polling place; and
1442 (ii) the ballots are counted at the polling place after the polls close.
1443 (b) Except as provided in Subsection (2) or a rule made under Subsection
144420A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
1445the election judges shall count the ballots by performing the tasks specified in this section in
1446the order that they are specified.
1447 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
1448apply the standards and requirements of:
1449 (i) to the extent applicable, Section 20A-4-105; and
1450 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
1451Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5). 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 48 -
1452 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
1453 (b) (i) If there are more ballots in the ballot box than there are names entered in the
1454pollbook, the judges shall examine the official endorsements on the ballots.
1455 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
1456official endorsement, the judges shall put those ballots in an excess ballot file and not count
1457them.
1458 (c) (i) If, after examining the official endorsements, there are still more ballots in the
1459ballot box than there are names entered in the pollbook, the judges shall place the remaining
1460ballots back in the ballot box.
1461 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
1462excess from the ballot box.
1463 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
1464count them.
1465 (d) When the ballots in the ballot box equal the number of names entered in the
1466pollbook, the judges shall count the votes.
1467 (3) The judges shall:
1468 (a) place all unused ballots in the envelope or container provided for return to the
1469county clerk or city recorder; and
1470 (b) seal that envelope or container.
1471 (4) The judges shall:
1472 (a) place all of the provisional ballot envelopes in the envelope provided for them for
1473return to the election officer; and
1474 (b) seal that envelope or container.
1475 (5) (a) In counting the votes, the election judges shall read and count each ballot
1476separately.
1477 (b) In regular primary elections the judges shall:
1478 (i) count the number of ballots cast for each party;
1479 (ii) place the ballots cast for each party in separate piles; and
1480 (iii) count all the ballots for one party before beginning to count the ballots cast for
1481other parties.
1482 (6) (a) In all elections, the counting judges shall, except as provided in Part 6, 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 49 -
1483Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
148420A-4-101(2)(f)(i):
1485 (i) count one vote for each candidate designated by the marks in the squares next to the
1486candidate's name;
1487 (ii) count each vote for each write-in candidate who has qualified by filing a
1488declaration of candidacy under Section 20A-9-601;
1489 (iii) read every name marked on the ballot and mark every name upon the tally sheets
1490before another ballot is counted;
1491 (iv) evaluate each ballot and each vote based on the standards and requirements of
1492Section 20A-4-105;
1493 (v) write the word "spoiled" on the back of each ballot that lacks the official
1494endorsement and deposit it in the spoiled ballot envelope; and
1495 (vi) read, count, and record upon the tally sheets the votes that each candidate and
1496ballot proposition received from all ballots, except excess or spoiled ballots.
1497 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
1498persons clearly not eligible to qualify for office.
1499 (c) The judges shall certify to the accuracy and completeness of the tally list in the
1500space provided on the tally list.
1501 (d) When the judges have counted all of the voted ballots, they shall record the results
1502on the total votes cast form.
1503 (7) [(7)] (a) [Only] Except as provided in Subsection (7)(b), only an election judge and
1504a watcher may be present at the place where counting is conducted until the count is completed.
1505 (b) The lieutenant governor may be present at the place where counting is conducted,
1506regardless of whether the count is completed.
1507 Section 23. Section 20A-4-104 is amended to read:
1508 20A-4-104. Counting ballots electronically.
1509 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
1510election officer shall test the automatic tabulating equipment to ensure that it will accurately
1511count the votes cast for all offices and all measures.
1512 (b) The election officer shall provide public notice of the time and place of the test:
1513 (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 50 -
1514circulation in the county, municipality, or jurisdiction where the equipment is used;
1515 (B) at least 10 days before the day of the test, by posting one notice, and at least one
1516additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
1517within the county, municipality, or jurisdiction that are most likely to give notice to the voters
1518in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
1519 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
1520in the county, municipality, or jurisdiction where the equipment is used;
1521 (ii) by posting notice on the Utah Public Notice Website, created in Section
152263A-16-601, for four weeks before the day of the test; and
1523 (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
1524website for four weeks before the day of the test.
1525 (c) The election officer shall conduct the test by processing a preaudited group of
1526ballots.
1527 (d) The election officer shall ensure that:
1528 (i) a predetermined number of valid votes for each candidate and measure are recorded
1529on the ballots;
1530 (ii) for each office, one or more ballots have votes in excess of the number allowed by
1531law in order to test the ability of the automatic tabulating equipment to reject those votes; and
1532 (iii) a different number of valid votes are assigned to each candidate for an office, and
1533for and against each measure.
1534 (e) If any error is detected, the election officer shall determine the cause of the error
1535and correct it.
1536 (f) The election officer shall ensure that:
1537 (i) the automatic tabulating equipment produces an errorless count before beginning
1538the actual counting; and
1539 (ii) [the automatic tabulating equipment passes the same test at the end of the count
1540]before the election returns are approved as official[.], the automatic tabulating equipment
1541passes a post election audit conducted in accordance with the rules described in Subsection
154220A-1-108(1).
1543 (2) (a) The election officer or the election officer's designee shall supervise and direct
1544all proceedings at the counting center. 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 51 -
1545 (b) (i) Proceedings at the counting center are public and may be observed by interested
1546persons.
1547 (ii) Only those persons authorized to participate in the count may touch any ballot or
1548return.
1549 (c) The election officer shall deputize and administer an oath or affirmation to all
1550persons who are engaged in processing and counting the ballots that they will faithfully
1551perform their assigned duties.
1552 (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
1553automatic tabulating equipment, the election officer shall ensure that two counting judges
1554jointly:
1555 (i) make a true replication of the ballot with an identifying serial number;
1556 (ii) substitute the replicated ballot for the damaged or defective ballot;
1557 (iii) label the replicated ballot "replicated"; and
1558 (iv) record the replicated ballot's serial number on the damaged or defective ballot.
1559 (b) The lieutenant governor shall provide to each election officer a standard form on
1560which the election officer shall maintain a log of all replicated ballots, that includes, for each
1561ballot:
1562 (i) the serial number described in Subsection (3)(a);
1563 (ii) the identification of the individuals who replicated the ballot;
1564 (iii) the reason for the replication; and
1565 (iv) any other information required by the lieutenant governor.
1566 (c) An election officer shall:
1567 (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
1568ballots are replicated;
1569 (ii) at the end of each day during which one or more ballots are replicated, make an
1570electronic copy of the log; and
1571 (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
1572 (4) The election officer may:
1573 (a) conduct an unofficial count before conducting the official count in order to provide
1574early unofficial returns to the public;
1575 (b) release unofficial returns from time to time after the polls close; and 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 52 -
1576 (c) report the progress of the count for each candidate during the actual counting of
1577ballots.
1578 (5) Beginning on the day after the date of the election, if an election officer releases
1579early unofficial returns or reports the progress of the count for each candidate under Subsection
1580(4), the election officer shall, with each release or report, disclose an estimate of the total
1581number of voted ballots in the election officer's custody that have not yet been counted.
1582 (6) The election officer shall review and evaluate the provisional ballot envelopes and
1583prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
1584 (7) (a) The election officer or the election officer's designee shall:
1585 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
1586 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
1587 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
1588more votes for an office than that voter is entitled to vote for that office, the poll workers shall
1589count the valid write-in vote as being the obvious intent of the voter.
1590 (8) (a) The election officer shall certify the return printed by the automatic tabulating
1591equipment, to which have been added write-in and absentee votes, as the official return of each
1592voting precinct.
1593 (b) Upon completion of the count, the election officer shall make official returns open
1594to the public.
1595 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
1596tabulating equipment, the election officer may direct that they be counted manually according
1597to the procedures and requirements of this part.
1598 (10) After the count is completed, the election officer shall seal and retain the
1599programs, test materials, and ballots as provided in Section 20A-4-202.
1600 Section 24. Section 20A-4-106 is amended to read:
1601 20A-4-106. Manual ballots -- Sealing.
1602 (1) After the official canvas of an election, the election officer shall store all election
1603returns in containers that identify the containers' contents.
1604 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
1605by anyone, except as follows:
1606 (a) when examined during a recount conducted under the authority of Section 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 53 -
160720A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1608Project[.]; or
1609 (b) the lieutenant governor may examine the ballots:
1610 (i) until the later of:
1611 (A) the end of the calendar year in which the election was held; or
1612 (B) if the election is contested, when the contest is resolved; or
1613 (ii) at any time via a subpoena or other legal process.
1614 Section 25. Section 20A-4-109 is enacted to read:
1615 20A-4-109. Ballot reconciliation -- Rulemaking authority.
1616 (1) In accordance with this section and rules made under Subsection (2), an election
1617officer whose office processes ballots shall:
1618 (a) conduct ballot reconciliations every time ballots are tabulated;
1619 (b) conduct a final ballot reconciliation when an election officer concludes processing
1620all ballots;
1621 (c) document each ballot reconciliation;
1622 (d) publicly release the results of each ballot reconciliation; and
1623 (e) in conducting ballot reconciliations:
1624 (i) ensure that the number of ballots received for processing, the number of ballots
1625processed, and the number of voters given credit for voting, are equal; or
1626 (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
1627explain the differences in the numbers.
1628 (2) The director of elections within the Office of the Lieutenant Governor may make
1629rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1630establishing procedures and requirements for conducting, documenting, and publishing a ballot
1631reconciliation.
1632 Section 26. Section 20A-4-202 is amended to read:
1633 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
1634provisional ballots cast.
1635 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
1636 (a) ensure that the poll workers have provided all of the ballots and election returns;
1637 (b) inspect the ballots and election returns to ensure that they are sealed; 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 54 -
1638 (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
1639secure place;
1640 (d) for mechanical ballots:
1641 (i) count the ballots; and
1642 (ii) deposit and lock the ballots and election returns in a safe and secure place; and
1643 (e) for bond elections, provide a copy of the election results to the board of canvassers
1644of the local political subdivision that called the bond election.
1645 (2) Each election officer shall:
1646 (a) before 5 p.m. on the day after the date of the election, determine the number of
1647provisional ballots cast within the election officer's jurisdiction and make that number available
1648to the public;
1649 (b) preserve ballots for 22 months after the election or until the time has expired during
1650which the ballots could be used in an election contest;
1651 (c) preserve all other official election returns for at least 22 months after an election;
1652and
1653 (d) after that time, destroy them without opening or examining them.
1654 (3) (a) The election officer shall package and retain all tabulating cards and other
1655materials used in the programming of the automatic tabulating equipment.
1656 (b) The election officer:
1657 (i) may access these tabulating cards and other materials;
1658 (ii) may make copies of these materials and make changes to the copies;
1659 (iii) may not alter or make changes to the materials themselves; and
1660 (iv) within 22 months after the election in which they were used, may dispose of those
1661materials or retain them.
1662 (4) (a) If an election contest is begun within 12 months, the election officer shall,
1663except as provided in Subsection (4)(c):
1664 (i) keep the ballots and election returns unopened and unaltered until the contest is
1665complete; or
1666 (ii) surrender the ballots and election returns to the custody of the court having
1667jurisdiction of the contest when ordered or subpoenaed to do so by that court.
1668 (b) [When] Except as provided in Subsection (4)(c), when all election contests arising 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 55 -
1669from an election are complete, the election officer shall either:
1670 (i) retain the ballots and election returns until the time for preserving them under this
1671section has run; or
1672 (ii) destroy the ballots and election returns remaining in the election officer's custody
1673without opening or examining them if the time for preserving them under this section has run.
1674 (c) The lieutenant governor may examine the ballots and election returns described in
1675this Subsection (4).
1676 (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
1677 (i) may make and keep copies of ballots or election returns as part of a legislative audit;
1678and
1679 (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
1680identifies a ballot with the voter who casts the ballot.
1681 (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
1682under Title 63G, Chapter 2, Government Records Access and Management Act.
1683 Section 27. Section 20A-4-304 is amended to read:
1684 20A-4-304. Declaration of results -- Canvassers' report.
1685 (1) Each board of canvassers shall:
1686 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
1687declare "elected" or "nominated" those persons who:
1688 (i) had the highest number of votes; and
1689 (ii) sought election or nomination to an office completely within the board's
1690jurisdiction;
1691 (b) declare:
1692 (i) "approved" those ballot propositions that:
1693 (A) had more "yes" votes than "no" votes; and
1694 (B) were submitted only to the voters within the board's jurisdiction; or
1695 (ii) "rejected" those ballot propositions that:
1696 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1697votes; and
1698 (B) were submitted only to the voters within the board's jurisdiction;
1699 (c) certify the vote totals for persons and for and against ballot propositions that were 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 56 -
1700submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1701the lieutenant governor; and
1702 (d) if applicable, certify the results of each local district election to the local district
1703clerk.
1704 (2) [As soon as the result is declared, the election officer shall prepare a report of the
1705result, which shall contain] The election officer shall submit a report to the board of canvassers
1706that includes the following information:
1707 (a) the total number of votes cast in the board's jurisdiction;
1708 (b) the names of each candidate whose name appeared on the ballot;
1709 (c) the title of each ballot proposition that appeared on the ballot;
1710 (d) each office that appeared on the ballot;
1711 (e) from each voting precinct:
1712 (i) the number of votes for each candidate;
1713 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
1714Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
1715potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
1716phase; and
1717 (iii) the number of votes for and against each ballot proposition;
1718 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
1719and against each ballot proposition;
1720 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
1721 (i) the number of ballots counted;
1722 (ii) provisional ballots; and
1723 (iii) the number of ballots [that were] rejected; [and]
1724 (h) a final ballot reconciliation report;
1725 (i) other information required by law to be provided to the board of canvassers; and
1726 [(h)] (j) a statement certifying that the information contained in the report is accurate.
1727 (3) The election officer and the board of canvassers shall:
1728 (a) review the report to ensure that [it] the report is correct; and
1729 (b) sign the report.
1730 (4) The election officer shall: 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 57 -
1731 (a) record or file the certified report in a book kept for that purpose;
1732 (b) prepare and transmit a certificate of nomination or election under the officer's seal
1733to each nominated or elected candidate;
1734 (c) publish a copy of the certified report in accordance with Subsection (5); and
1735 (d) file a copy of the certified report with the lieutenant governor.
1736 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
1737days after the day on which the board of canvassers declares the election results, publicize the
1738certified report described in Subsection (2):
1739 (a) (i) by publishing notice at least once in a newspaper of general circulation within
1740the jurisdiction;
1741 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1742jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
1743of the jurisdiction, subject to a maximum of 10 notices; or
1744 (iii) by mailing notice to each residence within the jurisdiction;
1745 (b) by posting notice on the Utah Public Notice Website, created in Section
174663A-16-601, for one week; and
1747 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1748one week.
1749 (6) Instead of including a copy of the entire certified report, a notice required under
1750Subsection (5) may contain a statement that:
1751 (a) includes the following: "The Board of Canvassers for [indicate name of
1752jurisdiction] has prepared a report of the election results for the [indicate type and date of
1753election]."; and
1754 (b) specifies the following sources where an individual may view or obtain a copy of
1755the entire certified report:
1756 (i) if the jurisdiction has a website, the jurisdiction's website;
1757 (ii) the physical address for the jurisdiction; and
1758 (iii) a mailing address and telephone number.
1759 (7) When there has been a regular general or a statewide special election for statewide
1760officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1761or more county ballot proposition, each board of canvassers shall: 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 58 -
1762 (a) prepare a separate report detailing the number of votes for each candidate and the
1763number of votes for and against each ballot proposition; and
1764 (b) transmit the separate report by registered mail to the lieutenant governor.
1765 (8) In each county election, municipal election, school election, local district election,
1766and local special election, the election officer shall transmit the reports to the lieutenant
1767governor within 14 days after the date of the election.
1768 (9) In a regular primary election and in a presidential primary election, the board shall
1769transmit to the lieutenant governor:
1770 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1771governor not later than the second Tuesday after the election; and
1772 (b) a complete tabulation showing voting totals for all primary races, precinct by
1773precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1774primary election.
1775 Section 28. Section 20A-5-101 is amended to read:
1776 20A-5-101. Notice of election.
1777 (1) On or before November 15 in the year before each regular general election year, the
1778lieutenant governor shall prepare and transmit a written notice to each county clerk that:
1779 (a) designates the offices to be filled at the next year's regular general election;
1780 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
1781certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
1782and 20A-9-408 for those offices; and
1783 (c) contains a description of any ballot propositions to be decided by the voters that
1784have qualified for the ballot as of that date.
1785 (2) (a) No later than seven business days after the day on which the lieutenant governor
1786transmits the written notice described in Subsection (1), each county clerk shall provide notice,
1787in accordance with Subsection (3):
1788 (i) by posting notice in a conspicuous place most likely to give notice of the election to
1789the voters in each voting precinct within the county;
1790 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
1791 (B) by posting one notice, and at least one additional notice per 2,000 population of the
1792county, in places within the county that are most likely to give notice of the election to the 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 59 -
1793voters in the county, subject to a maximum of 10 notices; or
1794 (C) by mailing notice to each registered voter in the county;
1795 (iii) by posting notice on the Utah Public Notice Website, created in Section
179663A-16-601, for seven days before the day of the election; and
1797 (iv) by posting notice on the county's website for seven days before the day of the
1798election.
1799 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
1800showing a copy of the notice and the places where the notice was posted.
1801 (3) The notice described in Subsection (2) shall:
1802 (a) designate the offices to be voted on in that election; and
1803 (b) identify the dates for filing a declaration of candidacy for those offices.
1804 (4) Except as provided in Subsection (6), before each election, the election officer shall
1805give printed notice of the following information:
1806 (a) the date of election;
1807 (b) the hours during which the polls will be open;
1808 (c) the polling places for each voting precinct, early voting polling place, and election
1809day voting center;
1810 (d) the address of the Statewide Electronic Voter Information Website and, if available,
1811the address of the election officer's website, with a statement indicating that the election officer
1812will post on the website any changes to the location of a polling place and the location of any
1813additional polling place;
1814 (e) a phone number that a voter may call to obtain information regarding the location of
1815a polling place; [and]
1816 (f) the qualifications for persons to vote in the election[.]; and
1817 (g) instructions regarding how an individual with a disability, who is not able to vote a
1818manual ballot by mail, may obtain information on voting in an accessible manner.
1819 (5) The election officer shall provide the notice described in Subsection (4):
1820 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
1821to which the election pertains, at least two days before the day of the election;
1822 (ii) at least two days before the day of the election, by posting one notice, and at least
1823one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 60 -
1824that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
1825maximum of 10 notices; or
1826 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
1827which the election pertains at least five days before the day of the election;
1828 (b) by posting notice on the Utah Public Notice Website, created in Section
182963A-16-601, for two days before the day of the election; and
1830 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1831two days before the day of the election.
1832 (6) Instead of including the information described in Subsection (4) in the notice, the
1833election officer may give printed notice that:
1834 (a) is entitled "Notice of Election";
1835 (b) includes the following: "A [indicate election type] will be held in [indicate the
1836jurisdiction] on [indicate date of election]. Information relating to the election, including
1837polling places, polling place hours, and qualifications of voters may be obtained from the
1838following sources:"; and
1839 (c) specifies the following sources where an individual may view or obtain the
1840information described in Subsection (4):
1841 (i) if the jurisdiction has a website, the jurisdiction's website;
1842 (ii) the physical address of the jurisdiction offices; and
1843 (iii) a mailing address and telephone number.
1844 Section 29. Section 20A-5-403.5 is amended to read:
1845 20A-5-403.5. Ballot drop boxes.
1846 (1) (a) An election officer:
1847 [(a)] (i) shall designate at least one ballot drop box in each municipality and
1848reservation located in the jurisdiction to which the election relates;
1849 [(b)] (ii) may designate additional ballot drop boxes for the election officer's
1850jurisdiction;
1851 [(c)] (iii) shall clearly mark each ballot drop box as an official ballot drop box for the
1852election officer's jurisdiction;
1853 [(d)] (iv) shall provide 24-hour recorded video surveillance, without audio, of each
1854unattended ballot drop box; [and] 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 61 -
1855 [(e)] (v) shall post a sign on or near each unattended ballot drop box indicating that the
1856ballot drop box is under 24-hour video surveillance[.]; and
1857 (vi) shall ensure that a camera, a video, or a recording of a video described in
1858Subsection (1)(a)(iv) may only be accessed:
1859 (A) by the election officer;
1860 (B) by a custodian of the camera, video, or recording;
1861 (C) by the lieutenant governor;
1862 (D) by the legislative auditor general, when performing an audit; or
1863 (E) by, or pursuant to an order of, a court of competent jurisdiction.
1864 (b) An individual may not view a video, or a recording of a video, described in
1865Subsection (1)(a)(iv), unless the individual:
1866 (i) is an individual described in Subsection (1)(a)(vi); and
1867 (ii) views the video to the extent necessary to:
1868 (A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
1869 (B) investigate a concern relating to ballots or the ballot box.
1870 (c) The election officer, or the custodian of the recording, shall keep a recording
1871described in Subsection (1)(a)(iv) until the later of:
1872 (i) the end of the calendar year in which the election was held; or
1873 (ii) if the election is contested, when the contest is resolved.
1874 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
1875shall, at least 19 days before the date of the election, provide notice of the location of each
1876ballot drop box designated under Subsection (1):
1877 (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
1878the jurisdiction holding the election;
1879 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1880jurisdiction holding the election, in places within the jurisdiction that are most likely to give
1881notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
1882 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
1883 (b) by posting notice on the Utah Public Notice Website, created in Section
188463A-16-601, for 19 days before the day of the election; and
1885 (c) by posting notice on the jurisdiction's website for 19 days before the day of the 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 62 -
1886election.
1887 (3) Instead of including the location of ballot drop boxes, a notice required under
1888Subsection (2) may specify the following sources where a voter may view or obtain a copy of
1889all ballot drop box locations:
1890 (a) the jurisdiction's website;
1891 (b) the physical address of the jurisdiction's offices; and
1892 (c) a mailing address and telephone number.
1893 (4) The election officer shall include in the notice described in Subsection (2):
1894 (a) the address of the Statewide Electronic Voter Information Website and, if available,
1895the address of the election officer's website, with a statement indicating that the election officer
1896will post on the website the location of each ballot drop box, including any changes to the
1897location of a ballot drop box and the location of additional ballot drop boxes; and
1898 (b) a phone number that a voter may call to obtain information regarding the location
1899of a ballot drop box.
1900 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
1901deadline described in Subsection (2):
1902 (i) if necessary, change the location of a ballot drop box; or
1903 (ii) if the election officer determines that the number of ballot drop boxes is
1904insufficient due to the number of registered voters who are voting, designate additional ballot
1905drop boxes.
1906 (b) Except as provided in Section 20A-1-308, if an election officer changes the
1907location of a ballot box or designates an additional ballot drop box location, the election officer
1908shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
1909the additional ballot drop box location:
1910 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
1911 (ii) by posting the information on the website of the election officer, if available; and
1912 (iii) by posting notice:
1913 (A) for a change in the location of a ballot drop box, at the new location and, if
1914possible, the old location; and
1915 (B) for an additional ballot drop box location, at the additional ballot drop box
1916location. 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
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1917 (6) An election officer may, at any time, authorize two or more poll workers to remove
1918a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
1919 (7) (a) At least two poll workers must be present when a poll worker collects ballots
1920from a ballot drop box and delivers the ballots to the location where the ballots will be opened
1921and counted.
1922 (b) An election officer shall ensure that the chain of custody of ballots placed in a
1923ballot box are recorded and tracked from the time the ballots are removed from the ballot box
1924until the ballots are delivered to the location where the ballots will be opened and counted.
1925 Section 30. Section 53-18-103 is amended to read:
1926 53-18-103. Internet posting of personal information of public safety employees --
1927Prohibitions.
1928 (1) (a) A state or local governmental agency that receives the form described in
1929Subsection (1)(b) from a public safety employee may not publicly post on the Internet the
1930personal information of the public safety employee employed by the state or local
1931governmental agency.
1932 (b) Each state or local government agency employing a public safety employee shall:
1933 (i) provide a form for a public safety employee to request the removal or concealment
1934of the public safety employee's personal information from the state or local government
1935agencies' publicly accessible websites and databases;
1936 (ii) inform the public safety employee how to submit a form under this section;
1937 (iii) upon request, assist a public safety employee in completing the form;
1938 (iv) include on the form a disclaimer informing the public safety employee that by
1939submitting a completed form the public safety employee may not receive official
1940announcements affecting the public safety employee's property, including notices about
1941proposed annexations, incorporation, or zoning modifications; and
1942 (v) require a form submitted by a public safety employee to be signed by:
1943 (A) for a public safety employee who is a law enforcement officer, the highest ranking
1944elected or appointed official in the officer's chain of command certifying that the individual
1945requesting removal or concealment is a law enforcement officer; or
1946 (B) for a public safety employee who is not a law enforcement officer, the public safety
1947employee's supervisor. 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 64 -
1948 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a
1949public safety employee, completed and submitted under this section, shall:
1950 (a) classify the public safety employee's voter registration record in the [lieutenant
1951governor's statewide voter registration database developed under Section 20A-2-109] system,
1952as defined in Section 20A-2-501, as a private record; and
1953 (b) classify the public safety employee's marriage licenses and marriage license
1954applications, if any, as private records.
1955 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
1956described in Subsection (1)(b) from a public safety employee, completed and submitted under
1957this section, shall:
1958 (a) provide a method for the assessment roll and index and the tax roll and index that
1959will block public access to the public safety employee's personal information; and
1960 (b) provide to the public safety employee who submits the form a written disclaimer
1961informing the public safety employee that the public safety employee may not receive official
1962announcements affecting the public safety employee's property, including notices about
1963proposed annexations, incorporations, or zoning modifications.
1964 (4) A form submitted under this section remains in effect for the shorter of:
1965 (a) four years from the date on which the form was signed by the public safety
1966employee, regardless of whether the public safety employee's qualifying employment is
1967terminated during the four years; or
1968 (b) one year after official notice of the public safety employee's death is transmitted by
1969the public safety employee's immediate family or the public safety employee's employing
1970agency to all state and local government agencies that are reasonably expected to have records
1971containing personal information of the deceased public safety employee.
1972 (5) Notwithstanding Subsection (4), the public safety employee, or the public safety
1973employee's immediate family if the public safety employee is deceased, may rescind the form at
1974any time.
1975 (6) (a) An individual may not, with intent to frighten or harass a public safety
1976employee, publicly post on the Internet the personal information of a public safety employee
1977knowing the public safety employee is a public safety employee.
1978 (b) Except as provided in Subsection (6)(c), a violation of Subsection (6)(a) is a class B 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 65 -
1979misdemeanor.
1980 (c) A violation of Subsection (6)(a) that results in bodily injury to the public safety
1981employee, or a member of the public safety employee's immediate family, is a class A
1982misdemeanor.
1983 (d) (i) Each act against a separate individual in violation of Subsection (6)(a) is a
1984separate offense.
1985 (ii) A defendant may also be charged separately with the commission of any other
1986criminal conduct related to the commission of an offense under Subsection (6)(a).
1987 (7) (a) A business or association may not publicly post or publicly display on the
1988Internet the personal information of a public safety employee if the public safety employee has,
1989either directly or through an agent designated under Subsection (7)(c), provided to that business
1990or association a written demand to not disclose the public safety employee's personal
1991information.
1992 (b) A written demand made under Subsection (7)(a) by a public safety employee is
1993effective for four years beginning on the day the demand is delivered, regardless of whether the
1994public safety employee's employment as a public safety employee has terminated during the
1995four years.
1996 (c) A public safety employee may designate in writing the public safety employee's
1997employer or, for a public safety employee who is a law enforcement officer, a representative of
1998a voluntary professional association of law enforcement officers to act on behalf of the officer
1999and as the officer's agent to make a written demand under this chapter.
2000 (d) (i) A business or association that receives a written demand from a public safety
2001employee under Subsection (7)(a) shall remove the public safety employee's personal
2002information from public display on the Internet, including the removal of information provided
2003to cellular telephone applications, within 24 hours of the delivery of the written demand, and
2004shall ensure that the information is not posted again on the same Internet website or any other
2005Internet website over which the recipient of the written demand maintains or exercises control.
2006 (ii) After receiving the public safety employee's written demand, the person, business,
2007or association may not publicly post or publicly display on the Internet, the personal
2008information of the public safety employee.
2009 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 66 -
2010Section 54-2-1, or the telephone corporation's affiliate or other voice service provider,
2011including providers of interconnected voice over Internet protocol service as defined in 47
2012C.F.R. 9.3, from transferring the public safety employee's personal information to any person,
2013business, or association, if the transfer is authorized by federal or state law, regulation, order,
2014terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt
2015owed by the public safety employee to the telephone corporation or its affiliate.
2016 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
2017service provider, including providers of interconnected voice over Internet protocol service,
2018with respect to directories or directories listings to the extent the entity offers a nonpublished
2019listing option.
2020 (8) (a) A public safety employee whose personal information is made public as a result
2021of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a
2022court of competent jurisdiction.
2023 (b) If a court finds that a violation has occurred, the court may grant injunctive or
2024declarative relief and shall award the public safety employee court costs and reasonable
2025attorney fees.
2026 (c) If the defendant fails to comply with an order of the court issued under Subsection
2027(8)(b), the court may impose a civil penalty of not more than $1,000 for the defendant's failure
2028to comply with the court's order.
2029 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
2030the personal information of a public safety employee, if:
2031 (i) the dissemination of the personal information poses an imminent and serious threat
2032to the public safety employee's safety or the safety of the public safety employee's immediate
2033family; and
2034 (ii) the person making the information available on the Internet knows or reasonably
2035should know of the imminent and serious threat.
2036 (b) (i) A public safety employee whose personal information is knowingly publicly
2037posted or publicly displayed on the Internet may bring an action in a court of competent
2038jurisdiction.
2039 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
2040(9)(a), the jury or court shall award damages to the public safety employee in the amount of 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 67 -
2041triple the cost of actual damages or $4,000, whichever is greater.
2042 (10) An interactive computer service or access software is not liable under Subsections
2043(7)(d)(i) and (9) for information or content provided by another information content provider.
2044 (11) Unless a state or local government agency receives a completed form directly from
2045a public safety employee in accordance with Subsection (1), a state or local government official
2046who makes information available for public inspection in accordance with state law is not in
2047violation of this chapter.
2048 Section 31. Section 67-1a-2 is amended to read:
2049 67-1a-2. Duties enumerated.
2050 (1) The lieutenant governor shall:
2051 (a) perform duties delegated by the governor, including assignments to serve in any of
2052the following capacities:
2053 (i) as the head of any one department, if so qualified, with the advice and consent of
2054the Senate, and, upon appointment at the pleasure of the governor and without additional
2055compensation;
2056 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
2057law for the purpose of advising the governor or coordinating intergovernmental or
2058interdepartmental policies or programs;
2059 (iii) as liaison between the governor and the state Legislature to coordinate and
2060facilitate the governor's programs and budget requests;
2061 (iv) as liaison between the governor and other officials of local, state, federal, and
2062international governments or any other political entities to coordinate, facilitate, and protect the
2063interests of the state;
2064 (v) as personal advisor to the governor, including advice on policies, programs,
2065administrative and personnel matters, and fiscal or budgetary matters; and
2066 (vi) as chairperson or member of any temporary or permanent boards, councils,
2067commissions, committees, task forces, or other group appointed by the governor;
2068 (b) serve on all boards and commissions in lieu of the governor, whenever so
2069designated by the governor;
2070 (c) serve as the chief election officer of the state as required by Subsection (2);
2071 (d) keep custody of the Great Seal of the State of Utah; 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 68 -
2072 (e) keep a register of, and attest, the official acts of the governor;
2073 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
2074which the official signature of the governor is required; and
2075 (g) furnish a certified copy of all or any part of any law, record, or other instrument
2076filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
2077it and pays the fee.
2078 (2) (a) As the chief election officer, the lieutenant governor shall:
2079 (i) exercise oversight, and general supervisory authority, over all elections;
2080 (ii) exercise direct authority over the conduct of elections for federal, state, and
2081multicounty officers and statewide or multicounty ballot propositions and any recounts
2082involving those races;
2083 (iii) [assist county clerks in unifying] establish uniformity in the election ballot;
2084 (iv) (A) prepare election information for the public as required by [statute] law and as
2085determined appropriate by the lieutenant governor; and
2086 (B) make the information [under] described in Subsection (2)(a)(iv)(A) available to the
2087public and to news media, on the Internet, and in other forms as required by [statute or] law
2088and as determined appropriate by the lieutenant governor;
2089 (v) receive and answer election questions and maintain an election file on opinions
2090received from the attorney general;
2091 (vi) maintain a current list of registered political parties as defined in Section
209220A-8-101;
2093 (vii) maintain election returns and statistics;
2094 (viii) certify to the governor the names of [those persons who have received the highest
2095number of votes for any] individuals nominated to run for, or elected to, office;
2096 (ix) ensure that all voting equipment purchased by the state complies with the
2097requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
2098 (x) during a declared emergency, to the extent that the lieutenant governor determines
2099it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
2100relating to:
2101 (A) voting on election day;
2102 (B) early voting; 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 69 -
2103 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
2104 (D) the counting of an absentee ballot or military-overseas ballot; or
2105 (E) the canvassing of election returns; and
2106 (xi) exercise all other election authority, and perform other election duties, as provided
2107in Title 20A, Election Code.
2108 (b) As chief election officer, the lieutenant governor:
2109 (i) shall oversee all elections, and functions relating to elections, in the state;
2110 (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
2111an election officer with legal requirements relating to elections; and
2112 (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
2113town clerks, or other local election officials by Title 20A, Election Code.
2114 (3) (a) The lieutenant governor shall:
2115 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
2116incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
2117municipality's population using the population estimate from the Utah Population Committee;
2118and
2119 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
2120based on the municipality's population; and
2121 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2122municipality's legislative body.
2123 (b) The lieutenant governor shall:
2124 (i) determine the classification under Section 10-2-301 of a consolidated municipality
2125upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
2126Consolidation of Municipalities, using population information from:
2127 (A) each official census or census estimate of the United States Bureau of the Census;
2128or
2129 (B) the population estimate from the Utah Population Committee, if the population of a
2130municipality is not available from the United States Bureau of the Census; and
2131 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
2132belongs based on the municipality's population; and
2133 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the 2nd Sub. (Gray) H.B. 448 02-22-23 3:31 PM
- 70 -
2134consolidated municipality's legislative body.
2135 (c) The lieutenant governor shall:
2136 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
2137metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
2138Townships and Unincorporated Islands in a County of the First Class on and after May 12,
21392015, based on the metro township's population using the population estimates from the Utah
2140Population Committee; and
2141 (ii) prepare a certificate indicating the class in which the new metro township belongs
2142based on the metro township's population and, within 10 days after preparing the certificate,
2143deliver a copy of the certificate to the metro township's legislative body.
2144 (d) The lieutenant governor shall monitor the population of each municipality using
2145population information from:
2146 (i) each official census or census estimate of the United States Bureau of the Census; or
2147 (ii) the population estimate from the Utah Population Committee, if the population of a
2148municipality is not available from the United States Bureau of the Census.
2149 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2150municipality's population has increased beyond the population for its current class, the
2151lieutenant governor shall:
2152 (i) prepare a certificate indicating the class in which the municipality belongs based on
2153the increased population figure; and
2154 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2155legislative body of the municipality whose class has changed.
2156 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2157municipality's population has decreased below the population for its current class, the
2158lieutenant governor shall send written notification of that fact to the municipality's legislative
2159body.
2160 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
2161population has decreased below the population for its current class, the lieutenant governor
2162shall:
2163 (A) prepare a certificate indicating the class in which the municipality belongs based
2164on the decreased population figure; and 02-22-23 3:31 PM 2nd Sub. (Gray) H.B. 448
- 71 -
2165 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2166legislative body of the municipality whose class has changed.
2167 Section 32. Repealer.
2168 This bill repeals:
2169 Section 20A-1-101, Title.
2170 Section 33. Appropriation.
2171 The following sums of money are appropriated for the fiscal year beginning July 1,
21722023, and ending June 30, 2024. These are additions to amounts previously appropriated for
2173fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
2174Act, the Legislature appropriates the following sums of money from the funds or accounts
2175indicated for the use and support of the government of the state of Utah.
2176ITEM 1
2177To Governor's Office
2178 From General Fund 860,000
2179 From General Fund, One-Time 730,000
2180 Schedule of Programs:
2181 Lt. Governor's Office 1,590,000
2182 The Legislature intends that:
2183 (1) under Section 63J-1-603, up to $250,000 of the money appropriated to the
2184Governor's Office in Item 1 of 2022 Laws of Utah, Chapter 156, not lapse at the end of Fiscal
2185Year 2023; and
2186 (2) on or after July 1, 2023, the lieutenant governor may use the nonlapsing funds
2187described in Subsection (1) to assist political subdivisions with election security costs,
2188including the expanded video surveillance described in this bill.