Utah 2023 Regular Session

Utah House Bill HB0448 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	Enrolled Copy H.B. 448
	1	+	3rd Sub. H.B. 448
	2	+	LEGISLATIVE GENERAL COUNSEL
	3	+	6 Approved for Filing: T.R. Vaughn 6
	4	+	6 02-24-23 11:39 AM 6
	5	+	H.B. 448
	6	+	3rd Sub. (Cherry)
	7	+	Representative A. Cory Maloy proposes the following substitute bill:
2	8		1 ELECTION CHANGES
3	9		2 2023 GENERAL SESSION
4	10		3 STATE OF UTAH
5	11		4 Chief Sponsor: A. Cory Maloy
6	12		5 Senate Sponsor: Michael S. Kennedy
7	13		6
8	14		7LONG TITLE
9	15		8General Description:
10	16		9 This bill amends provisions of the Election Code and the authority of the lieutenant
11	17		10governor over elections.
12	18		11Highlighted Provisions:
13	19		12 This bill:
14	20		13 <defines terms;
15	21		14 <modifies and describes the supervisory and oversight authority of the lieutenant
16	22		15governor over elections;
17	23		16 <describes the duties of a clerk in relation to elections;
18	24		17 <provides the lieutenant governor with access to records, facilities, equipment, staff,
19	25		18and meetings to assist the lieutenant governor in fulfilling the supervisory and
20	26		19oversight authority described above;
21	27		20 <provides a process and method for the lieutenant governor to enforce compliance
22	28		21with the provisions of election law;
23	29		22 <requires the lieutenant governor to provide, and certain election administrators and
24	30		23employees to complete, training relating to conducting elections;
25	31		24 <addresses requirements for audits of election processes;
26	32		25 <modifies publication dates for certain ballot statistics;
	33	+	HB0448S03 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	34	+	- 2 -
27	35		26 <requires certain studies relating to elections;
28	36		27 <grants rulemaking authority to the lieutenant governor in relation to:
29		-	28 Ctraining; H.B. 448
30		-	Enrolled Copy
31		-	- 2 -
	37	+	28 Ctraining;
32	38		29 Caudits;
33	39		30 Cmaintaining and updating the statewide voter registration system and database;
34	40		31 Cconducting elections;
35	41		32 Csignature comparison and verification;
36	42		33 Calternative methods of identity verification; and
37	43		34 Cchain of custody and ballot reconciliation;
38	44		35 <modifies provisions relating to the statewide voter registration system and database,
39	45		36including requirements relating to maintenance and updates;
40	46		37 <establishes requirements to ensure accessibility of the election system in relation to
41	47		38a person with a disability;
42	48		39 <modifies ballot curing requirements;
43	49		40 <enacts ballot chain of custody and reconciliation requirements;
44	50		41 <establishes requirements relating to election records and election security;
45	51		42 <requires uniformity of certain election processes and records; and
46	52		43 <makes technical and conforming changes.
47	53		44Money Appropriated in this Bill:
48	54		45 This bill appropriates in fiscal year 2024:
49	55		46 <to the Governor's Office – Lt. Governor's Office, as an ongoing appropriation:
50	56		47 Cfrom the General Fund, $860,000; and
51	57		48 <to the Governor's Office – Lt. Governor's Office, as a one-time appropriation:
52	58		49 Cfrom the General Fund, $730,000.
53	59		50Other Special Clauses:
54	60		51 None
55	61		52Utah Code Sections Affected:
56	62		53AMENDS:
57	63		54 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
58		-	55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64 Enrolled Copy H.B. 448
	64	+	55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64
	65	+	56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
59	66		- 3 -
60		-	56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117
61	67		57 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
62	68		58 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
63	69		59 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100
64	70		60 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380
65	71		61 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
66	72		62 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
67	73		63 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
68	74		64 20A-4-202, as last amended by Laws of Utah 2022, Chapter 156
69	75		65 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
70	76		66 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
71	77		67 20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
72	78		68 53-18-103, as last amended by Laws of Utah 2022, Chapter 367
73	79		69 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18
74	80		70ENACTS:
75	81		71 20A-1-105, Utah Code Annotated 1953
76	82		72 20A-1-106, Utah Code Annotated 1953
77	83		73 20A-1-107, Utah Code Annotated 1953
78	84		74 20A-1-108, Utah Code Annotated 1953
79	85		75 20A-2-501, Utah Code Annotated 1953
80	86		76 20A-2-507, Utah Code Annotated 1953
81	87		77 20A-3a-106, Utah Code Annotated 1953
82	88		78 20A-3a-401.1, Utah Code Annotated 1953
83	89		79 20A-3a-402.5, Utah Code Annotated 1953
84	90		80 20A-4-109, Utah Code Annotated 1953
85	91		81RENUMBERS AND AMENDS:
86		-	82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018, H.B. 448
87		-	Enrolled Copy
88		-	- 4 -
	92	+	82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018,
89	93		83Chapter 19)
90	94		84 20A-2-503, (Renumbered from 20A-2-304.5, as last amended by Laws of Utah 2012,
91	95		85Chapter 52)
92	96		86 20A-2-504, (Renumbered from 20A-2-305, as last amended by Laws of Utah 2022,
93		-	87Chapter 121)
	97	+	87Chapter 121) 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	98	+	- 4 -
94	99		88 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022,
95	100		89Chapter 121)
96	101		90 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022,
97	102		91Chapter 156)
98	103		92REPEALS:
99	104		93 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1
100	105		94
101	106		95Be it enacted by the Legislature of the state of Utah:
102	107		96 Section 1. Section 20A-1-102 is amended to read:
103	108		97 20A-1-102. Definitions.
104	109		98 As used in this title:
105	110		99 (1) "Active voter" means a registered voter who has not been classified as an inactive
106	111		100voter by the county clerk.
107	112		101 (2) "Automatic tabulating equipment" means apparatus that automatically examines
108	113		102and counts votes recorded on ballots and tabulates the results.
109	114		103 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
110	115		104storage medium, that records an individual voter's vote.
111	116		105 (b) "Ballot" does not include a record to tally multiple votes.
112	117		106 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
113	118		107on the ballot for their approval or rejection including:
114	119		108 (a) an opinion question specifically authorized by the Legislature;
115		-	109 (b) a constitutional amendment; Enrolled Copy H.B. 448
116		-	- 5 -
	120	+	109 (b) a constitutional amendment;
117	121		110 (c) an initiative;
118	122		111 (d) a referendum;
119	123		112 (e) a bond proposition;
120	124		113 (f) a judicial retention question;
121	125		114 (g) an incorporation of a city or town; or
122	126		115 (h) any other ballot question specifically authorized by the Legislature.
123	127		116 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
124	128		117together using staples or another means in at least three places across the top of the paper in the
125		-	118blank space reserved for securing the paper.
	129	+	118blank space reserved for securing the paper. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	130	+	- 5 -
126	131		119 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
127	132		12020A-4-306 to canvass election returns.
128	133		121 (7) "Bond election" means an election held for the purpose of approving or rejecting
129	134		122the proposed issuance of bonds by a government entity.
130	135		123 (8) "Business reply mail envelope" means an envelope that may be mailed free of
131	136		124charge by the sender.
132	137		125 (9) "Canvass" means the review of election returns and the official declaration of
133	138		126election results by the board of canvassers.
134	139		127 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
135	140		128the canvass.
136	141		129 (11) "Contracting election officer" means an election officer who enters into a contract
137	142		130or interlocal agreement with a provider election officer.
138	143		131 (12) "Convention" means the political party convention at which party officers and
139	144		132delegates are selected.
140	145		133 (13) "Counting center" means one or more locations selected by the election officer in
141	146		134charge of the election for the automatic counting of ballots.
142	147		135 (14) "Counting judge" means a poll worker designated to count the ballots during
143		-	136election day. H.B. 448
144		-	Enrolled Copy
145		-	- 6 -
	148	+	136election day.
146	149		137 (15) "Counting room" means a suitable and convenient private place or room for use
147	150		138by the poll workers and counting judges to count ballots.
148	151		139 (16) "County officers" means those county officers that are required by law to be
149	152		140elected.
150	153		141 (17) "Date of the election" or "election day" or "day of the election":
151	154		142 (a) means the day that is specified in the calendar year as the day that the election
152	155		143occurs; and
153	156		144 (b) does not include:
154	157		145 (i) deadlines established for voting by mail, military-overseas voting, or emergency
155	158		146voting; or
156	159		147 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
157	160		148Voting.
158		-	149 (18) "Elected official" means:
	161	+	149 (18) "Elected official" means: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	162	+	- 6 -
159	163		150 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
160	164		151Municipal Alternate Voting Methods Pilot Project;
161	165		152 (b) a person who is considered to be elected to a municipal office in accordance with
162	166		153Subsection 20A-1-206(1)(c)(ii); or
163	167		154 (c) a person who is considered to be elected to a local district office in accordance with
164	168		155Subsection 20A-1-206(3)(b)(ii).
165	169		156 (19) "Election" means a regular general election, a municipal general election, a
166	170		157statewide special election, a local special election, a regular primary election, a municipal
167	171		158primary election, and a local district election.
168	172		159 (20) "Election Assistance Commission" means the commission established by the Help
169	173		160America Vote Act of 2002, Pub. L. No. 107-252.
170	174		161 (21) "Election cycle" means the period beginning on the first day persons are eligible to
171	175		162file declarations of candidacy and ending when the canvass is completed.
172		-	163 (22) "Election judge" means a poll worker that is assigned to: Enrolled Copy H.B. 448
173		-	- 7 -
	176	+	163 (22) "Election judge" means a poll worker that is assigned to:
174	177		164 (a) preside over other poll workers at a polling place;
175	178		165 (b) act as the presiding election judge; or
176	179		166 (c) serve as a canvassing judge, counting judge, or receiving judge.
177	180		167 (23) "Election officer" means:
178	181		168 (a) the lieutenant governor, for all statewide ballots and elections;
179	182		169 (b) the county clerk for:
180	183		170 (i) a county ballot and election; and
181	184		171 (ii) a ballot and election as a provider election officer as provided in Section
182	185		17220A-5-400.1 or 20A-5-400.5;
183	186		173 (c) the municipal clerk for:
184	187		174 (i) a municipal ballot and election; and
185	188		175 (ii) a ballot and election as a provider election officer as provided in Section
186	189		17620A-5-400.1 or 20A-5-400.5;
187	190		177 (d) the local district clerk or chief executive officer for:
188	191		178 (i) a local district ballot and election; and
189	192		179 (ii) a ballot and election as a provider election officer as provided in Section
190		-	18020A-5-400.1 or 20A-5-400.5; or
	193	+	18020A-5-400.1 or 20A-5-400.5; or 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	194	+	- 7 -
191	195		181 (e) the business administrator or superintendent of a school district for:
192	196		182 (i) a school district ballot and election; and
193	197		183 (ii) a ballot and election as a provider election officer as provided in Section
194	198		18420A-5-400.1 or 20A-5-400.5.
195	199		185 (24) "Election official" means any election officer, election judge, or poll worker.
196	200		186 (25) "Election results" means:
197	201		187 (a) for an election other than a bond election, the count of votes cast in the election and
198	202		188the election returns requested by the board of canvassers; or
199	203		189 (b) for bond elections, the count of those votes cast for and against the bond
200		-	190proposition plus any or all of the election returns that the board of canvassers may request. H.B. 448
201		-	Enrolled Copy
202		-	- 8 -
	204	+	190proposition plus any or all of the election returns that the board of canvassers may request.
203	205		191 (26) "Election returns" includes:
204	206		192 (a) the pollbook, the military and overseas absentee voter registration and voting
205	207		193certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
206	208		194ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
207	209		195cast form; and
208	210		196 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
209	211		197ballot.
210	212		198 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
211	213		199or logically associated with a record and executed or adopted by a person with the intent to sign
212	214		200the record.
213	215		201 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
214	216		202clerk under Subsection [20A-2-306(4)(c)(i) or (ii)] 20A-2-505(4)(c)(i) or (ii).
215	217		203 (29) "Judicial office" means the office filled by any judicial officer.
216	218		204 (30) "Judicial officer" means any justice or judge of a court of record or any county
217	219		205court judge.
218	220		206 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
219	221		207Local Government Entities - Local Districts, and includes a special service district under Title
220	222		20817D, Chapter 1, Special Service District Act.
221	223		209 (32) "Local district officers" means those local district board members that are required
222	224		210by law to be elected.
223		-	211 (33) "Local election" means a regular county election, a regular municipal election, a
	225	+	211 (33) "Local election" means a regular county election, a regular municipal election, a 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	226	+	- 8 -
224	227		212municipal primary election, a local special election, a local district election, and a bond
225	228		213election.
226	229		214 (34) "Local political subdivision" means a county, a municipality, a local district, or a
227	230		215local school district.
228	231		216 (35) "Local special election" means a special election called by the governing body of a
229		-	217local political subdivision in which all registered voters of the local political subdivision may Enrolled Copy H.B. 448
230		-	- 9 -
	232	+	217local political subdivision in which all registered voters of the local political subdivision may
231	233		218vote.
232	234		219 (36) "Manual ballot" means a paper document produced by an election officer on
233	235		220which an individual records an individual's vote by directly placing a mark on the paper
234	236		221document using a pen or other marking instrument.
235	237		222 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
236	238		223mechanical record, that:
237	239		224 (a) is created via electronic or mechanical means; and
238	240		225 (b) records an individual voter's vote cast via a method other than an individual directly
239	241		226placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
240	242		227 (38) "Municipal executive" means:
241	243		228 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
242	244		229 (b) the mayor in the council-manager form of government defined in Subsection
243	245		23010-3b-103(7); or
244	246		231 (c) the [chair] mayor of a metro township form of government defined in Section
245	247		23210-3b-102.
246	248		233 (39) "Municipal general election" means the election held in municipalities and, as
247	249		234applicable, local districts on the first Tuesday after the first Monday in November of each
248	250		235odd-numbered year for the purposes established in Section 20A-1-202.
249	251		236 (40) "Municipal legislative body" means:
250	252		237 (a) the council of the city or town in any form of municipal government; or
251	253		238 (b) the council of a metro township.
252	254		239 (41) "Municipal office" means an elective office in a municipality.
253	255		240 (42) "Municipal officers" means those municipal officers that are required by law to be
254	256		241elected.
255		-	242 (43) "Municipal primary election" means an election held to nominate candidates for
	257	+	242 (43) "Municipal primary election" means an election held to nominate candidates for 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	258	+	- 9 -
256	259		243municipal office.
257		-	244 (44) "Municipality" means a city, town, or metro township. H.B. 448
258		-	Enrolled Copy
259		-	- 10 -
	260	+	244 (44) "Municipality" means a city, town, or metro township.
260	261		245 (45) "Official ballot" means the ballots distributed by the election officer for voters to
261	262		246record their votes.
262	263		247 (46) "Official endorsement" means the information on the ballot that identifies:
263	264		248 (a) the ballot as an official ballot;
264	265		249 (b) the date of the election; and
265	266		250 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
266	267		251facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
267	268		252 (ii) for a ballot prepared by a county clerk, the words required by Subsection
268	269		25320A-6-301(1)(b)(iii).
269	270		254 (47) "Official register" means the official record furnished to election officials by the
270	271		255election officer that contains the information required by Section 20A-5-401.
271	272		256 (48) "Political party" means an organization of registered voters that has qualified to
272	273		257participate in an election by meeting the requirements of Chapter 8, Political Party Formation
273	274		258and Procedures.
274	275		259 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
275	276		260election, voting, or counting votes.
276	277		261 (b) "Poll worker" includes election judges.
277	278		262 (c) "Poll worker" does not include a watcher.
278	279		263 (50) "Pollbook" means a record of the names of voters in the order that they appear to
279	280		264cast votes.
280	281		265 (51) "Polling place" means a building where voting is conducted.
281	282		266 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
282	283		267in which the voter marks the voter's choice.
283	284		268 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
284	285		2698, Presidential Primary Election.
285	286		270 (54) "Primary convention" means the political party conventions held during the year
286		-	271of the regular general election. Enrolled Copy H.B. 448
287		-	- 11 -
	287	+	271of the regular general election.
288	288		272 (55) "Protective counter" means a separate counter, which cannot be reset, that:
289		-	273 (a) is built into a voting machine; and
	289	+	273 (a) is built into a voting machine; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	290	+	- 10 -
290	291		274 (b) records the total number of movements of the operating lever.
291	292		275 (56) "Provider election officer" means an election officer who enters into a contract or
292	293		276interlocal agreement with a contracting election officer to conduct an election for the
293	294		277contracting election officer's local political subdivision in accordance with Section
294	295		27820A-5-400.1.
295	296		279 (57) "Provisional ballot" means a ballot voted provisionally by a person:
296	297		280 (a) whose name is not listed on the official register at the polling place;
297	298		281 (b) whose legal right to vote is challenged as provided in this title; or
298	299		282 (c) whose identity was not sufficiently established by a poll worker.
299	300		283 (58) "Provisional ballot envelope" means an envelope printed in the form required by
300	301		284Section 20A-6-105 that is used to identify provisional ballots and to provide information to
301	302		285verify a person's legal right to vote.
302	303		286 (59) (a) "Public figure" means an individual who, due to the individual being
303	304		287considered for, holding, or having held a position of prominence in a public or private capacity,
304	305		288or due to the individual's celebrity status, has an increased risk to the individual's safety.
305	306		289 (b) "Public figure" does not include an individual:
306	307		290 (i) elected to public office; or
307	308		291 (ii) appointed to fill a vacancy in an elected public office.
308	309		292 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
309	310		293duties of the position for which the individual was elected.
310	311		294 (61) "Receiving judge" means the poll worker that checks the voter's name in the
311	312		295official register at a polling place and provides the voter with a ballot.
312	313		296 (62) "Registration form" means a form by which an individual may register to vote
313	314		297under this title.
314		-	298 (63) "Regular ballot" means a ballot that is not a provisional ballot. H.B. 448
315		-	Enrolled Copy
316		-	- 12 -
	315	+	298 (63) "Regular ballot" means a ballot that is not a provisional ballot.
317	316		299 (64) "Regular general election" means the election held throughout the state on the first
318	317		300Tuesday after the first Monday in November of each even-numbered year for the purposes
319	318		301established in Section 20A-1-201.
320	319		302 (65) "Regular primary election" means the election, held on the date specified in
321	320		303Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
322		-	304local school board positions to advance to the regular general election.
	321	+	304local school board positions to advance to the regular general election. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	322	+	- 11 -
323	323		305 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
324	324		306 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
325	325		307provided to a voter with a manual ballot:
326	326		308 (a) into which the voter places the manual ballot after the voter has voted the manual
327	327		309ballot in order to preserve the secrecy of the voter's vote; and
328	328		310 (b) that includes the voter affidavit and a place for the voter's signature.
329	329		311 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
330	330		312published as provided in Section 20A-5-405.
331	331		313 (69) "Special election" means an election held as authorized by Section 20A-1-203.
332	332		314 (70) "Spoiled ballot" means each ballot that:
333	333		315 (a) is spoiled by the voter;
334	334		316 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
335	335		317 (c) lacks the official endorsement.
336	336		318 (71) "Statewide special election" means a special election called by the governor or the
337	337		319Legislature in which all registered voters in Utah may vote.
338	338		320 (72) "Tabulation system" means a device or system designed for the sole purpose of
339	339		321tabulating votes cast by voters at an election.
340	340		322 (73) "Ticket" means a list of:
341	341		323 (a) political parties;
342	342		324 (b) candidates for an office; or
343		-	325 (c) ballot propositions. Enrolled Copy H.B. 448
344		-	- 13 -
	343	+	325 (c) ballot propositions.
345	344		326 (74) "Transfer case" means the sealed box used to transport voted ballots to the
346	345		327counting center.
347	346		328 (75) "Vacancy" means the absence of a person to serve in any position created by
348	347		329statute, whether that absence occurs because of death, disability, disqualification, resignation,
349	348		330or other cause.
350	349		331 (76) "Valid voter identification" means:
351	350		332 (a) a form of identification that bears the name and photograph of the voter which may
352	351		333include:
353	352		334 (i) a currently valid Utah driver license;
354		-	335 (ii) a currently valid identification card that is issued by:
	353	+	335 (ii) a currently valid identification card that is issued by: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	354	+	- 12 -
355	355		336 (A) the state; or
356	356		337 (B) a branch, department, or agency of the United States;
357	357		338 (iii) a currently valid Utah permit to carry a concealed weapon;
358	358		339 (iv) a currently valid United States passport; or
359	359		340 (v) a currently valid United States military identification card;
360	360		341 (b) one of the following identification cards, whether or not the card includes a
361	361		342photograph of the voter:
362	362		343 (i) a valid tribal identification card;
363	363		344 (ii) a Bureau of Indian Affairs card; or
364	364		345 (iii) a tribal treaty card; or
365	365		346 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
366	366		347the name of the voter and provide evidence that the voter resides in the voting precinct, which
367	367		348may include:
368	368		349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
369	369		350election;
370	370		351 (ii) a bank or other financial account statement, or a legible copy thereof;
371		-	352 (iii) a certified birth certificate; H.B. 448
372		-	Enrolled Copy
373		-	- 14 -
	371	+	352 (iii) a certified birth certificate;
374	372		353 (iv) a valid social security card;
375	373		354 (v) a check issued by the state or the federal government or a legible copy thereof;
376	374		355 (vi) a paycheck from the voter's employer, or a legible copy thereof;
377	375		356 (vii) a currently valid Utah hunting or fishing license;
378	376		357 (viii) certified naturalization documentation;
379	377		358 (ix) a currently valid license issued by an authorized agency of the United States;
380	378		359 (x) a certified copy of court records showing the voter's adoption or name change;
381	379		360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
382	380		361 (xii) a currently valid identification card issued by:
383	381		362 (A) a local government within the state;
384	382		363 (B) an employer for an employee; or
385	383		364 (C) a college, university, technical school, or professional school located within the
386	384		365state; or
387		-	366 (xiii) a current Utah vehicle registration.
	385	+	366 (xiii) a current Utah vehicle registration. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	386	+	- 13 -
388	387		367 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
389	388		368candidate by following the procedures and requirements of this title.
390	389		369 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
391	390		370 (a) mailing the ballot to the location designated in the mailing; or
392	391		371 (b) depositing the ballot in a ballot drop box designated by the election officer.
393	392		372 (79) "Voter" means an individual who:
394	393		373 (a) meets the requirements for voting in an election;
395	394		374 (b) meets the requirements of election registration;
396	395		375 (c) is registered to vote; and
397	396		376 (d) is listed in the official register book.
398	397		377 (80) "Voter registration deadline" means the registration deadline provided in Section
399	398		37820A-2-102.5.
400		-	379 (81) "Voting area" means the area within six feet of the voting booths, voting Enrolled Copy H.B. 448
401		-	- 15 -
	399	+	379 (81) "Voting area" means the area within six feet of the voting booths, voting
402	400		380machines, and ballot box.
403	401		381 (82) "Voting booth" means:
404	402		382 (a) the space or compartment within a polling place that is provided for the preparation
405	403		383of ballots, including the voting enclosure or curtain; or
406	404		384 (b) a voting device that is free standing.
407	405		385 (83) "Voting device" means any device provided by an election officer for a voter to
408	406		386vote a mechanical ballot.
409	407		387 (84) "Voting precinct" means the smallest geographical voting unit, established under
410	408		388Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
411	409		389 (85) "Watcher" means an individual who complies with the requirements described in
412	410		390Section 20A-3a-801 to become a watcher for an election.
413	411		391 (86) "Write-in ballot" means a ballot containing any write-in votes.
414	412		392 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
415	413		393the ballot, in accordance with the procedures established in this title.
416	414		394 Section 2. Section 20A-1-105 is enacted to read:
417	415		395 Part 1. Elections: General Provisions and Election Oversight
418	416		396 20A-1-105. Chief election officer of the state -- Duties, authority, and
419		-	397enforcement.
	417	+	397enforcement. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	418	+	- 14 -
420	419		398 (1) The lieutenant governor:
421	420		399 (a) is the chief election officer of the state;
422	421		400 (b) is responsible to oversee, and generally supervise, all elections and functions
423	422		401relating to elections in the state; and
424	423		402 (c) shall enforce compliance by election officers with all legal requirements relating to
425	424		403elections, including:
426	425		404 (i) Public Law 103-31, the National Voter Registration Act of 1993;
427	426		405 (ii) Public Law 107-252, the Help America Vote Act of 2002;
428		-	406 (iii) all other applicable provisions of federal law and rule relating to elections; H.B. 448
429		-	Enrolled Copy
430		-	- 16 -
	427	+	406 (iii) all other applicable provisions of federal law and rule relating to elections;
431	428		407 (iv) state law relating to elections;
432	429		408 (v) the requirements of this title; and
433	430		409 (vi) rules made under this title.
434	431		410 (2) To the extent that the lieutenant governor determines the following is useful in
435	432		411fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
436	433		412 (a) full access to closely observe, examine, and copy all records, documents,
437	434		413recordings, and other information in the custody or control of an election officer or a board of
438	435		414canvassers;
439	436		415 (b) full access to closely observe, examine, and copy all voter registration records,
440	437		416ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
441	438		417custody or control of an election officer or a board of canvassers;
442	439		418 (c) full access to closely observe and examine all facilities, storage areas, and
443	440		419equipment, and to closely observe, examine, or copy all materials, in the custody or control of
444	441		420an election officer or a board of canvassers;
445	442		421 (d) full access to all staff, including full-time, part-time, and volunteer staff of an
446	443		422election officer or a board of canvassers;
447	444		423 (e) full access to closely observe, examine, and copy all records and information
448	445		424relating to election audits that are conducted, directed, or commissioned by a county clerk;
449	446		425 (f) the right to attend any meeting, including a closed meeting, relating to a matter
450	447		426within the scope of authority or responsibility of the lieutenant governor described in this
451	448		427chapter or Subsection 67-1a-2(2); and
452		-	428 (g) the right to closely observe and examine any work or other process relating to a
	449	+	428 (g) the right to closely observe and examine any work or other process relating to a 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	450	+	- 15 -
453	451		429matter within the scope of authority or responsibility of the lieutenant governor described in
454	452		430this chapter or Subsection 67-1a-2(2).
455	453		431 (3) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
456	454		432 (a) fulfillment, by the lieutenant governor, of the responsibilities described in
457		-	433Subsection (1); and Enrolled Copy H.B. 448
458		-	- 17 -
	455	+	433Subsection (1); and
459	456		434 (b) obtaining the access and exercising the rights described in Subsection (2).
460	457		435 (4) If the lieutenant governor determines that an election officer is in violation of a law
461	458		436or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the
462	459		437violation and bring the election officer into compliance with the law or rule:
463	460		438 (a) shall consult with the election officer; and
464	461		439 (b) may provide training and other assistance to the election officer to the extent the
465	462		440lieutenant governor determines warranted.
466	463		441 (5) If a violation continues after the lieutenant governor complies with Subsection
467	464		442(4)(a), the lieutenant governor shall issue a written order to the election officer that:
468	465		443 (a) describes the violation;
469	466		444 (b) describes the action taken under Subsection (4) to remedy the violation and bring
470	467		445the election officer into compliance with the law or rule;
471	468		446 (c) directs the election officer to remedy and cease the violation;
472	469		447 (d) describes the specific actions the election officer must take to comply with the
473	470		448order;
474	471		449 (e) states the deadline for the election officer to comply with the order; and
475	472		450 (f) describes the actions the election officer must take to verify compliance with the
476	473		451order.
477	474		452 (6) (a) An order described in Subsection (5) has the force of law.
478	475		453 (b) An election officer shall fully comply with an order described in Subsection (5)
479	476		454unless the election officer obtains a court order rescinding or modifying the order in accordance
480	477		455with Subsections (7) through (9).
481	478		456 (7) An election officer desiring to seek a court order described in Subsection (6) shall
482	479		457file an action seeking a court order within 10 days after the day on which the lieutenant
483	480		458governor issues the order described in Subsection (5).
484		-	459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and
485		-	460only to the extent that: H.B. 448
486		-	Enrolled Copy
487		-	- 18 -
	481	+	459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	482	+	- 16 -
	483	+	460only to the extent that:
488	484		461 (a) the order is arbitrary or capricious;
489	485		462 (b) the court finds that the violation alleged by the lieutenant governor did not occur; or
490	486		463 (c) the court determines that the violation alleged by the lieutenant governor is not a
491	487		464violation of law or rule.
492	488		465 (9) An election officer who files an action described in Subsection (7) has the burden
493	489		466of proof.
494	490		467 (10) This section does not prohibit the lieutenant governor from bringing a legal action,
495	491		468at any time, to compel an election officer to comply with the law and rules described in
496	492		469Subsection (1).
497	493		470 Section 3. Section 20A-1-106 is enacted to read:
498	494		471 20A-1-106. Duties of a clerk.
499	495		472 (1) As used in this section, "clerk" means an election officer other than the lieutenant
500	496		473governor.
501	497		474 (2) A clerk shall:
502	498		475 (a) comply with all of the following in relation to elections:
503	499		476 (i) federal and state law;
504	500		477 (ii) federal and state rules; and
505	501		478 (iii) the policies and direction of the lieutenant governor; and
506	502		479 (b) diligently learn and become familiar with the law, rules, policies, and direction
507	503		480described in Subsection (2)(a).
508	504		481 Section 4. Section 20A-1-107 is enacted to read:
509	505		482 20A-1-107. Elections training -- Training required -- Reimbursement.
510	506		483 (1) As used in this section, "election administrator" means:
511	507		484 (a) a county clerk; and
512	508		485 (b) if the county clerk employs one or more individuals who assist with elections:
513	509		486 (i) the most senior employee who assists with elections; or
514		-	487 (ii) if more than one employee qualifies as the most senior employee under Subsection Enrolled Copy H.B. 448
515		-	- 19 -
	510	+	487 (ii) if more than one employee qualifies as the most senior employee under Subsection
516	511		488(1)(b)(i), one of those employees, as designated by the election officer.
517	512		489 (2) The lieutenant governor shall, in accordance with this section:
518		-	490 (a) design and provide training to election officers and government workers who
	513	+	490 (a) design and provide training to election officers and government workers who 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	514	+	- 17 -
519	515		491perform functions relating to elections; and
520	516		492 (b) provide the training described in this section without charge to the officers and
521	517		493workers described in Subsection (2)(a).
522	518		494 (3) The training shall include:
523	519		495 (a) a course designed for election administrators:
524	520		496 (i) that may include multiple sessions;
525	521		497 (ii) that may require attendance on multiple occasions; and
526	522		498 (iii) for which the lieutenant governor may, notwithstanding Section 63G-22-103,
527	523		499require live attendance; and
528	524		500 (b) a course designed for government workers, who perform functions relating to
529	525		501elections, that consists of modules relating to individual election processes.
530	526		502 (4) (a) An election administrator who was elected, appointed, or hired before May 3,
531	527		5032023, shall:
532	528		504 (i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
533	529		505 (ii) complete all sessions within four years after the election administrator takes the
534	530		506first session.
535	531		507 (b) An election administrator who is elected, appointed, or hired on or after May 3,
536	532		5082023, shall:
537	533		509 (i) begin the first session described in Subsection (3)(a) within one year after the day
538	534		510on which the election administrator is elected, appointed, or hired; and
539	535		511 (ii) complete all sessions within four years after the election administrator takes the
540	536		512first session.
541	537		513 (5) The lieutenant governor shall reimburse an election administrator who is required
542		-	514under this section to attend the training described in Subsection (3)(a) per diem and travel H.B. 448
543		-	Enrolled Copy
544		-	- 20 -
	538	+	514under this section to attend the training described in Subsection (3)(a) per diem and travel
545	539		515expenses for attending the training, in accordance with:
546	540		516 (a) Section 63A-3-106;
547	541		517 (b) Section 63A-3-107; and
548	542		518 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
549	543		51963A-3-107.
550	544		520 (6) An individual may not perform an election process for which the lieutenant
551		-	521governor has developed an online training module described in Subsection (3)(b), unless the
	545	+	521governor has developed an online training module described in Subsection (3)(b), unless the 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	546	+	- 18 -
552	547		522individual has completed the training module developed for that election process.
553	548		523 (7) The director of elections, within the Office of the Lieutenant Governor, may make
554	549		524rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
555	550		525establishing requirements for:
556	551		526 (a) complying with the training requirements described in this section; and
557	552		527 (b) supplemental or refresher training that the lieutenant governor determines is needed
558	553		528to ensure the integrity of elections in the state.
559	554		529 Section 5. Section 20A-1-108 is enacted to read:
560	555		530 20A-1-108. Audits -- Studies relating to elections.
561	556		531 (1) Except as provided in Subsection (2):
562	557		532 (a) the director of elections within the Office of the Lieutenant Governor shall make
563	558		533rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
564	559		534establishing requirements and procedures for an audit described in this title; and
565	560		535 (b) an election officer shall ensure that, when an audit is conducted of work done
566	561		536during ballot processing, the individual who performs the audit does not audit the individual's
567	562		537own work.
568	563		538 (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
569	564		539general or the lieutenant governor.
570	565		540 (3) The lieutenant governor shall keep the Government Operations Interim Committee
571		-	541informed of advances in election technology that the committee may want to study for use in Enrolled Copy H.B. 448
572		-	- 21 -
	566	+	541informed of advances in election technology that the committee may want to study for use in
573	567		542Utah's elections.
574	568		543 (4) The lieutenant governor shall:
575	569		544 (a) study methods to improve post-election audits to confirm that the election correctly
576	570		545identified the winning candidates, including evaluating:
577	571		546 (i) different risk-limiting audit methods; and
578	572		547 (ii) other confirmation methods; and
579	573		548 (b) at or before the last 2023 meeting of the Government Operations Interim
580	574		549Committee, report to the committee on:
581	575		550 (i) the methods studied; and
582	576		551 (ii) recommendations for post-election audit requirements.
583		-	552 (5) The Driver License Division shall, in cooperation with the lieutenant governor:
	577	+	552 (5) The Driver License Division shall, in cooperation with the lieutenant governor: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	578	+	- 19 -
584	579		553 (a) study:
585	580		554 (i) the options for improving the quality of signatures collected by the Driver License
586	581		555Division that are used for signature verification in an election; and
587	582		556 (ii) the technology needs and costs associated with the options described in Subsection
588	583		557(5)(a)(i); and
589	584		558 (b) at or before the last 2023 meeting of the Government Operations Interim
590	585		559Committee, report to the committee on:
591	586		560 (i) the options, technology needs, and costs described in Subsection (5)(a); and
592	587		561 (ii) recommendations regarding the options described in Subsection (5)(a)(i).
593	588		562 Section 6. Section 20A-2-206 is amended to read:
594	589		563 20A-2-206. Electronic registration.
595	590		564 (1) The lieutenant governor shall create and maintain an electronic system that is
596	591		565publicly available on the Internet for an individual to apply for voter registration or
597	592		566preregistration.
598	593		567 (2) An electronic system for voter registration or preregistration shall require:
599		-	568 (a) that an applicant have a valid driver license or identification card, issued under Title H.B. 448
600		-	Enrolled Copy
601		-	- 22 -
	594	+	568 (a) that an applicant have a valid driver license or identification card, issued under Title
602	595		56953, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
603	596		570of residence;
604	597		571 (b) that the applicant provide the information required by Section 20A-2-104, except
605	598		572that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
606	599		573and [(4)] (5);
607	600		574 (c) that the applicant attest to the truth of the information provided; and
608	601		575 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
609	602		576applicant's:
610	603		577 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
611	604		578Uniform Driver License Act, for voter registration purposes; or
612	605		579 (ii) signature on file in the lieutenant governor's statewide voter registration database
613	606		580developed under Section [20A-2-109] 20A-2-502.
614	607		581 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
615	608		582voter registration or preregistration created under this section is not required to complete a
616		-	583printed registration form.
	609	+	583printed registration form. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	610	+	- 20 -
617	611		584 (4) A system created and maintained under this section shall provide the notices
618	612		585concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
619	613		586 (5) The lieutenant governor shall:
620	614		587 (a) obtain a digital copy of the applicant's driver license or identification card signature
621	615		588from the Driver License Division; or
622	616		589 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
623	617		590statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
624	618		591 (6) The lieutenant governor shall send the information to the county clerk for the
625	619		592county in which the applicant's principal place of residence is found for further action as
626	620		593required by Section 20A-2-304 after:
627	621		594 (a) receiving all information from an applicant; and
628		-	595 (b) (i) receiving all information from the Driver License Division; or Enrolled Copy H.B. 448
629		-	- 23 -
	622	+	595 (b) (i) receiving all information from the Driver License Division; or
630	623		596 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
631	624		597statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
632	625		598 (7) The lieutenant governor may use additional security measures to ensure the
633	626		599accuracy and integrity of an electronically submitted voter registration.
634	627		600 (8) If an individual applies to register under this section no later than 11 calendar days
635	628		601before the date of an election, the county clerk shall:
636	629		602 (a) accept and process the voter registration form;
637	630		603 (b) unless the individual named in the form is preregistering to vote:
638	631		604 (i) enter the applicant's name on the list of registered voters for the voting precinct in
639	632		605which the applicant resides; and
640	633		606 (ii) notify the individual that the individual is registered to vote in the upcoming
641	634		607election; and
642	635		608 (c) if the individual named in the form is preregistering to vote, comply with Section
643	636		60920A-2-101.1.
644	637		610 (9) If an individual applies to register under this section after the deadline described in
645	638		611Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
646	639		612 (a) accept the application for registration; and
647	640		613 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
648		-	614individual that the individual will not be registered to vote in the pending election, unless the
	641	+	614individual that the individual will not be registered to vote in the pending election, unless the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	642	+	- 21 -
649	643		615individual registers to vote by provisional ballot during the early voting period, if applicable, or
650	644		616on election day, in accordance with Section 20A-2-207.
651	645		617 (10) The lieutenant governor shall provide a means by which a registered voter shall
652	646		618sign the application form.
653	647		619 Section 7. Section 20A-2-300.6 is amended to read:
654	648		620 Part 3. Voter Registration Responsibilities
655	649		621 20A-2-300.6. Voter registration activities -- Coordination among local, state, and
656		-	622federal officials. H.B. 448
657		-	Enrolled Copy
658		-	- 24 -
	650	+	622federal officials.
659	651		623 [(1) The lieutenant governor is Utah's chief elections officer. (2)] The lieutenant
660	652		624governor shall:
661	653		625 [(a) oversee all of Utah's:]
662	654		626 [(i) voter registration activities; and]
663	655		627 [(ii) other responsibilities established by:]
664	656		628 [(A) Public Law 103-31, the National Voter Registration Act of 1993; and]
665	657		629 [(B) Public Law 107-252, the Help America Vote Act of 2002; and]
666	658		630 (1) oversee, manage, and coordinate all voter registration activities in the state; and
667	659		631 [(b)] (2) coordinate with local, state, and federal officials to ensure compliance with
668	660		632state and federal election laws.
669	661		633 [(3) The lieutenant governor, in cooperation with the county clerks, shall develop a
670	662		634general program to obtain change of address information in order to remove the names of
671	663		635ineligible voters from the official register.]
672	664		636 Section 8. Section 20A-2-501 is enacted to read:
673	665		637 20A-2-501. Definitions.
674	666		638 As used in this part:
675	667		639 (1) "Annual maintenance utility" means a tool within the system that:
676	668		640 (a) is designed to comply with Section 20A-2-305;
677	669		641 (b) a county clerk is required to run on an annual basis; and
678	670		642 (c) identifies each inactive voter and each voter to be removed from the voter
679	671		643registration database.
680	672		644 (2) "Database" means the statewide voter registration database, described in Subsection
681		-	64520A-2-502(1)(a) that:
	673	+	64520A-2-502(1)(a) that: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	674	+	- 22 -
682	675		646 (a) is maintained and updated via the system; and
683	676		647 (b) uses information relative to voter registration and voting, including information that
684	677		648is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another
685		-	649state. Enrolled Copy H.B. 448
686		-	- 25 -
	678	+	649state.
687	679		650 (3) "Duplicate voter utility" means a tool within the system that runs a set of queries to
688	680		651identify potential duplicate voter records.
689	681		652 (4) "System" means the statewide voter registration system described in Subsection
690	682		65320A-2-502(1)(a), including the database and all information within the system or database.
691	683		654 (5) "Voter identification verification tool" means a tool within the system that
692	684		655compares data in a voter registration record to Driver License Division data and Social Security
693	685		656Administration data to verify voter identification.
694	686		657 Section 9. Section 20A-2-502, which is renumbered from Section 20A-2-109 is
695	687		658renumbered and amended to read:
696	688		659 [20A-2-109]. 20A-2-502. Statewide voter registration system --
697	689		660Maintenance and update of system -- Record security -- List of incarcerated felons --
698	690		661Public document showing compliance by county clerks.
699	691		662 (1) [(a) (i)] The lieutenant governor shall:
700	692		663 (a) develop, manage, and maintain a statewide voter registration [database.] system to
701	693		664be used by county clerks to maintain an updated statewide voter registration database in
702	694		665accordance with this section and rules made under Section 20A-2-507;
703	695		666 (b) except as provided in Subsection (2)(c), regularly update the system with
704	696		667information relevant to voter registration, as follows:
705	697		668 (i) on at least a weekly basis, information received from the Driver License Division in
706	698		669relation to:
707	699		670 (A) voter registration;
708	700		671 (B) a registered voter's change of address; or
709	701		672 (C) a registered voter's change of name;
710	702		673 (ii) on at least a weekly basis, the information described in Subsection 26-2-13(11)
711	703		674from the state registrar, regarding deceased individuals;
712	704		675 (iii) on at least a monthly basis, the information described in Subsection (3), received
713		-	676from the Department of Corrections regarding incarcerated individuals; H.B. 448
714		-	Enrolled Copy
715		-	- 26 -
	705	+	676from the Department of Corrections regarding incarcerated individuals; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	706	+	- 23 -
716	707		677 (iv) on at least a monthly basis, information received from other states, including
717	708		678information received under an agreement described in Subsection (2); and
718	709		679 (v) within 31 days after receiving information relevant to voter registration, other than
719	710		680the information described in Subsections (1)(b)(i) through (v);
720	711		681 (c) regularly monitor the system to ensure that each county clerk complies with the
721	712		682requirements of this part and rules made under Section 20A-2-507;
722	713		683 [(ii) (A) The lieutenant governor may compare the information in the statewide voter
723	714		684registration database with information submitted by a registered voter to a state agency to
724	715		685identify a change in a registered voter's principal place of residence or name.]
725	716		686 [(B) The lieutenant governor shall] (d) establish matching criteria and security
726	717		687measures for identifying a change described in Subsection [(1)(a)(ii)(A)] (1)(b) to ensure the
727	718		688accuracy of a voter registration record[.]; and
728	719		689 [(C) The lieutenant governor shall] (e) on at least a monthly basis:
729	720		690 (i) use the matching criteria and security measures described in Subsection (1)(d) to
730	721		691compare information in the database to identify duplicate data, contradictory data, and changes
731	722		692in data;
732	723		693 (ii) notify the applicable county clerk of the data identified; and
733	724		694 (iii) notify the county clerk of the county in which [the] a voter's principal place of
734	725		695residence is located of [the change in the] a change in a registered voter's principal place of
735	726		696residence or name.
736	727		697 [(b) Each county clerk shall utilize the statewide voter registration database when
737	728		698recording or modifying voter registration records.]
738	729		699 [(2) (a) The lieutenant governor shall establish and implement a procedure to maintain
739	730		700the accuracy of the statewide voter registration database by using information available from:]
740	731		701 [(i) a voter;]
741	732		702 [(ii) a governmental entity, as defined by Section 63G-2-103; or]
742		-	703 [(iii) another state.] Enrolled Copy H.B. 448
743		-	- 27 -
	733	+	703 [(iii) another state.]
744	734		704 [(b)] (2) (a) Subject to Subsection [(2)(c)] (2)(b), the lieutenant governor may
745	735		705cooperate or enter into an agreement with a governmental entity or another state to share
746	736		706information [to implement the procedure established under Subsection (2)(a)] and increase the
747		-	707accuracy of the database.
	737	+	707accuracy of the database. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	738	+	- 24 -
748	739		708 [(c)] (b) For a record shared under Subsection [(2)(b)] (2)(a), the lieutenant governor
749	740		709shall ensure:
750	741		710 (i) that the record is only used to maintain the accuracy of [a voter registration] the
751	742		711database;
752	743		712 (ii) compliance with Section 63G-2-206; and
753	744		713 (iii) that the record is secure from unauthorized use by employing data encryption or
754	745		714another similar technology security system.
755	746		715 (c) The lieutenant governor is not required to comply with an updating requirement
756	747		716described in Subsection (1)(b) to the extent that the person responsible to provide the
757	748		717information to the lieutenant governor fails to provide the information.
758	749		718 (3) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
759	750		719Utah.
760	751		720 (b) [(i)] The Department of Corrections shall provide the lieutenant governor's office
761	752		721with [a list of]:
762	753		722 (i) the name and last-known address of each [person] individual who:
763	754		723 (A) was convicted of a felony in a Utah state court; and
764	755		724 (B) is currently incarcerated for commission of a felony[.]; and
765	756		725 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
766	757		726and the method of transmitting the information after consultation with the Department of
767	758		727Corrections.]
768	759		728 [(c) (i)] (ii) [The Department of Corrections shall provide the lieutenant governor's
769	760		729office with a list containing] the name of each convicted felon who has been released from
770		-	730incarceration. H.B. 448
771		-	Enrolled Copy
772		-	- 28 -
	761	+	730incarceration.
773	762		731 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
774	763		732and the method of transmitting the information after consultation with the Department of
775	764		733Corrections.]
776	765		734 (4) The lieutenant governor shall maintain on the lieutenant governor's website a
777	766		735document that:
778	767		736 (a) describes the utilities and tools within the system that a county clerk is required to
779	768		737run;
780		-	738 (b) describes the actions, if any, that a county clerk is required to take in relation to the
	769	+	738 (b) describes the actions, if any, that a county clerk is required to take in relation to the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	770	+	- 25 -
781	771		739results of running a utility or tool;
782	772		740 (c) lists, by date, the recurring deadlines by which a county clerk must comply with
783	773		741Subsection (4)(a) or (b); and
784	774		742 (d) indicates, by county:
785	775		743 (i) whether the county clerk timely complies with each deadline described in
786	776		744Subsection (4)(c); and
787	777		745 (ii) if the county clerk fails to timely comply with a deadline described in Subsection
788	778		746(4)(c), whether the county clerk subsequently complies with the deadline and the date on which
789	779		747the county clerk complies.
790	780		748 Section 10. Section 20A-2-503, which is renumbered from Section 20A-2-304.5 is
791	781		749renumbered and amended to read:
792	782		750 [20A-2-304.5]. 20A-2-503. County clerk's responsibilities -- Updating voter
793	783		751registration.
794	784		752 (1) (a) Each county clerk shall use the system to record or modify all voter registration
795	785		753records.
796	786		754 (b) A county clerk shall:
797	787		755 (i) at the time the county clerk enters a voter registration record into the system, run the
798	788		756system's voter identification verification tool in relation to the record; and
799		-	757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the Enrolled Copy H.B. 448
800		-	- 29 -
	789	+	757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the
801	790		758lieutenant governor the information described in Subsection 20A-2-502(4).
802	791		759 [(1)] (2) A county clerk who receives notification from the lieutenant governor, as
803	792		760provided in Subsection [20A-2-109(1)] 20A-2-502(1)(e), of a change in a registered voter's
804	793		761principal place of residence or name may verify the change with the registered voter.
805	794		762 [(2)] (3) Unless the county clerk verifies that a change described in Subsection [(1)] (2)
806	795		763is incorrect, the county clerk shall:
807	796		764 (a) change the voter registration record to show the registered voter's current name and
808	797		765address; and
809	798		766 (b) notify the registered voter of the change to the voter registration record.
810	799		767 (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
811	800		768 (a) on at least a monthly basis, run the duplicate voter utility and take the action
812		-	769required to resolve potential duplicate data identified by the utility; and
	801	+	769required to resolve potential duplicate data identified by the utility; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	802	+	- 26 -
813	803		770 (b) every December, run the annual maintenance utility.
814	804		771 [(3)] (5) (a) If a voter does not vote in any election during the period beginning on the
815	805		772date of any regular general election and ending on the day after the date of the next regular
816	806		773general election, and the county clerk has not sent the voter a notice described in Section
817	807		774[20A-2-306] 20A-2-505 during the period, the county clerk shall, within 14 days after the day
818	808		775on which the county clerk runs the annual maintenance utility, send to the voter a preaddressed
819	809		776return form in substantially the following form:
820	810		777 "VOTER REGISTRATION ADDRESS"
821	811		778 To ensure the address on your voter registration is correct, please complete and return
822	812		779this form if your address has changed. What is your current street address?
823	813		780____________________________________________________________________________
824	814		781Street City County State ZIP
825	815		782___________________________
826	816		783Signature of Voter
827		-	784 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a H.B. 448
828		-	Enrolled Copy
829		-	- 30 -
	817	+	784 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a
830	818		785postal service that will notify the county clerk if the voter has changed the voter's address.
831	819		786 Section 11. Section 20A-2-504, which is renumbered from Section 20A-2-305 is
832	820		787renumbered and amended to read:
833	821		788 [20A-2-305]. 20A-2-504. Removing names from the official register --
834	822		789General requirements.
835	823		790 (1) The county clerk may not remove a voter's name from the official register solely
836	824		791because the voter has failed to vote in an election.
837	825		792 (2) The county clerk shall remove a voter's name from the official register if:
838	826		793 (a) the voter dies and the requirements of Subsection (3) are met;
839	827		794 (b) the county clerk, after complying with the requirements of Section [20A-2-306]
840	828		79520A-2-505, receives written confirmation from the voter that the voter no longer resides within
841	829		796the county clerk's county;
842	830		797 (c) [the county clerk has:]
843	831		798 (i) [obtained] the county clerk obtains evidence that the voter's residence has changed;
844	832		799 (ii) [mailed] the county clerk mails notice to the voter as required [by] under Section
845		-	800[20A-2-306] 20A-2-505;
	833	+	800[20A-2-306] 20A-2-505; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	834	+	- 27 -
846	835		801 (iii) the county clerk:
847	836		802 (A) [received] receives no response from the voter; or
848	837		803 (B) [not received] does not receive information that confirms the voter's residence; and
849	838		804 (iv) the voter [has failed to] does not vote or appear to vote in an election during the
850	839		805period beginning on the date of the notice described in Section [20A-2-306] 20A-2-505 and
851	840		806ending on the day after the date of the second regular general election occurring after the date
852	841		807of the notice;
853	842		808 (d) the voter requests, in writing, that the voter's name be removed from the official
854	843		809register;
855	844		810 (e) the county clerk receives notice that a voter has been convicted of any felony or a
856		-	811misdemeanor for an offense under this title and the voter's right to vote has not been restored as Enrolled Copy H.B. 448
857		-	- 31 -
	845	+	811misdemeanor for an offense under this title and the voter's right to vote has not been restored as
858	846		812provided in Section 20A-2-101.3 or 20A-2-101.5; or
859	847		813 (f) the county clerk receives notice that a voter has registered to vote in another state
860	848		814after the day on which the voter registered to vote in this state.
861	849		815 (3) The county clerk shall remove a voter's name from the official register within five
862	850		816business days after the day on which the county clerk receives confirmation from the
863	851		817[Department of Health's Bureau] Office of Vital Records that the voter is deceased.
864	852		818 (4) No later than 90 days before each primary and general election, the county clerk
865	853		819shall update the official register by reviewing the official register and taking the actions
866	854		820permitted or required by law under this section, Section [20A-2-304.5] 20A-2-503, and Section
867	855		821[20A-2-306] 20A-2-505.
868	856		822 Section 12. Section 20A-2-505, which is renumbered from Section 20A-2-306 is
869	857		823renumbered and amended to read:
870	858		824 [20A-2-306]. 20A-2-505. Removing names from the official register --
871	859		825Determining and confirming change of residence.
872	860		826 (1) A county clerk may not remove a voter's name from the official register on the
873	861		827grounds that the voter has changed residence unless the voter:
874	862		828 (a) confirms in writing that the voter has changed residence to a place outside the
875	863		829county; or
876	864		830 (b) (i) [has not voted] does not vote in an election during the period beginning on the
877		-	831date of the notice [required by] described in Subsection (3), and ending on the day after the
	865	+	831date of the notice [required by] described in Subsection (3), and ending on the day after the 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	866	+	- 28 -
878	867		832date of the second regular general election occurring after the date of the notice; and
879	868		833 (ii) [has failed to] does not respond to the notice [required by] described in Subsection
880	869		834(3).
881	870		835 (2) (a) [When a] Within 31 days after the day on which a county clerk obtains
882	871		836information that a voter's address has changed, [and] if it appears that the voter still resides
883	872		837within the same county, the county clerk shall:
884		-	838 (i) change the official register to show the voter's new address; and H.B. 448
885		-	Enrolled Copy
886		-	- 32 -
	873	+	838 (i) change the official register to show the voter's new address; and
887	874		839 (ii) send to the voter, by forwardable mail, the notice [required by] described in
888	875		840Subsection (3) [printed on a postage prepaid, preaddressed return form].
889	876		841 (b) When a county clerk obtains information that a voter's address has changed and it
890	877		842appears that the voter now resides in a different county, the county clerk shall verify the
891	878		843changed residence by sending to the voter, by forwardable mail, the notice [required by]
892	879		844described in Subsection (3), printed on a postage prepaid, preaddressed return form.
893	880		845 (3) (a) Each county clerk shall use substantially the following form to notify voters
894	881		846whose addresses have changed:
895	882		847 "VOTER REGISTRATION NOTICE
896	883		848 We have been notified that your residence has changed. Please read, complete, and
897	884		849return this form so that we can update our voter registration records. What is your current
898	885		850street address?
899	886		851___________________________________________________________________________
900	887		852Street City County State Zip
901	888		853 What is your current phone number (optional)?________________________________
902	889		854 What is your current email address (optional)?_________________________________
903	890		855 If you have not changed your residence, or have moved but stayed within the same
904	891		856county, you must complete and return this form to the county clerk so that it is received by the
905	892		857county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
906	893		858return this form within that time:
907	894		859 - you may be required to show evidence of your address to the poll worker before being
908	895		860allowed to vote in either of the next two regular general elections; or
909	896		861 - if you fail to vote at least once, from the date this notice was mailed until the passing
910		-	862of two regular general elections, you will no longer be registered to vote. If you have changed
	897	+	862of two regular general elections, you will no longer be registered to vote. If you have changed 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	898	+	- 29 -
911	899		863your residence and have moved to a different county in Utah, you may register to vote by
912	900		864contacting the county clerk in your county.
913		-	865________________________________________ Enrolled Copy H.B. 448
914		-	- 33 -
	901	+	865________________________________________
915	902		866Signature of Voter
916	903		867 PRIVACY INFORMATION
917	904		868 Voter registration records contain some information that is available to the public, such
918	905		869as your name and address, some information that is available only to government entities, and
919	906		870some information that is available only to certain third parties in accordance with the
920	907		871requirements of law.
921	908		872 Your driver license number, identification card number, social security number, email
922	909		873address, full date of birth, and phone number are available only to government entities. Your
923	910		874year of birth is available to political parties, candidates for public office, certain third parties,
924	911		875and their contractors, employees, and volunteers, in accordance with the requirements of law.
925	912		876 You may request that all information on your voter registration records be withheld
926	913		877from all persons other than government entities, political parties, candidates for public office,
927	914		878and their contractors, employees, and volunteers, by indicating here:
928	915		879 _____ Yes, I request that all information on my voter registration records be withheld
929	916		880from all persons other than government entities, political parties, candidates for public office,
930	917		881and their contractors, employees, and volunteers.
931	918		882 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
932	919		883 In addition to the protections provided above, you may request that all information on
933	920		884your voter registration records be withheld from all political parties, candidates for public
934	921		885office, and their contractors, employees, and volunteers, by submitting a withholding request
935	922		886form, and any required verification, as described in the following paragraphs.
936	923		887 A person may request that all information on the person's voter registration records be
937	924		888withheld from all political parties, candidates for public office, and their contractors,
938	925		889employees, and volunteers, by submitting a withholding request form with this registration
939	926		890record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
940	927		891resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
941		-	892 A person may request that all information on the person's voter registration records be H.B. 448
942		-	Enrolled Copy
943		-	- 34 -
944		-	893withheld from all political parties, candidates for public office, and their contractors,
	928	+	892 A person may request that all information on the person's voter registration records be
	929	+	893withheld from all political parties, candidates for public office, and their contractors, 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	930	+	- 30 -
945	931		894employees, and volunteers, by submitting a withholding request form and any required
946	932		895verification with this registration form, or to the lieutenant governor or a county clerk, if the
947	933		896person is, or resides with a person who is, a law enforcement officer, a member of the armed
948	934		897forces, a public figure, or protected by a protective order or a protection order."
949	935		898 (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
950	936		899section in substantially the following form:
951	937		900------------------------------------------------------------------------------------------------------------------
952	938		901 BALLOT NOTIFICATIONS
953	939		902 If you have provided a phone number or email address, you can receive notifications by
954	940		903text message or email regarding the status of a ballot that is mailed to you or a ballot that you
955	941		904deposit in the mail or in a ballot drop box, by indicating here:
956	942		905 ______ Yes, I would like to receive electronic notifications regarding the status of my
957	943		906ballot.
958	944		907------------------------------------------------------------------------------------------------------------------
959	945		908 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
960	946		909names of any voters from the official register during the 90 days before a regular primary
961	947		910election [and] or the 90 days before a regular general election.
962	948		911 (b) The county clerk may remove the names of voters from the official register during
963	949		912the 90 days before a regular primary election [and] or the 90 days before a regular general
964	950		913election if:
965	951		914 (i) the voter requests, in writing, that the voter's name be removed; or
966	952		915 (ii) the voter [has died] dies.
967	953		916 (c) (i) After a county clerk mails a notice [as required in] under this section, the county
968	954		917clerk [may] shall, unless otherwise prohibited by law, list that voter as inactive.
969	955		918 (ii) If a county clerk receives a returned voter identification card, determines that there
970		-	919was no clerical error causing the card to be returned, and has no further information to contact Enrolled Copy H.B. 448
971		-	- 35 -
	956	+	919was no clerical error causing the card to be returned, and has no further information to contact
972	957		920the voter, the county clerk [may] shall, unless otherwise prohibited by law, list that voter as
973	958		921inactive.
974	959		922 (iii) An inactive voter [shall be allowed to] may vote, sign petitions, and have all other
975	960		923privileges of a registered voter.
976		-	924 (iv) A county is not required to:
	961	+	924 (iv) A county is not required to: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	962	+	- 31 -
977	963		925 (A) send routine mailings to an inactive voter [and is not required to]; or
978	964		926 (B) count inactive voters when dividing precincts and preparing supplies.
979	965		927 (5) [Beginning on or before January 1, 2022, the] The lieutenant governor shall make
980	966		928available to a county clerk United States Social Security Administration data received by the
981	967		929lieutenant governor regarding deceased individuals.
982	968		930 (6) A county clerk shall, within ten business days after the day on which the county
983	969		931clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
984	970		932relating to a decedent whose name appears on the official register, remove the decedent's name
985	971		933from the official register.
986	972		934 (7) Ninety days before each primary and general election the lieutenant governor shall
987	973		935compare the information the lieutenant governor has received under Subsection 26-2-13(11)
988	974		936with the official register of voters to ensure that all deceased voters have been removed from
989	975		937the official register.
990	976		938 Section 13. Section 20A-2-506, which is renumbered from Section 20A-2-308 is
991	977		939renumbered and amended to read:
992	978		940 [20A-2-308]. 20A-2-506. Lieutenant governor and county clerks to
993	979		941preserve records.
994	980		942 (1) As used in this section:
995	981		943 (a) "Voter registration record" means a record concerning the implementation of
996	982		944programs and activities conducted for the purpose of ensuring that the official register is
997	983		945accurate and current.
998		-	946 (b) "Voter registration record" does not include a record that: H.B. 448
999		-	Enrolled Copy
1000		-	- 36 -
	984	+	946 (b) "Voter registration record" does not include a record that:
1001	985		947 (i) relates to a person's decision to decline to register to vote; or
1002	986		948 (ii) identifies the particular public assistance agency, discretionary voter registration
1003	987		949agency, or Driver License Division through which a particular voter registered to vote.
1004	988		950 (2) The lieutenant governor and each county clerk shall:
1005	989		951 (a) preserve for at least two years all records relating to voter registration, including:
1006	990		952 (i) the official register; and
1007	991		953 (ii) [the names and addresses of all persons] the name and address of each individual to
1008	992		954whom the notice required by Section [20A-2-306] 20A-2-505 was sent and a notation [as to
1009		-	955whether or not the person] regarding whether the individual responded to the notice;
	993	+	955whether or not the person] regarding whether the individual responded to the notice; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	994	+	- 32 -
1010	995		956 (b) make a voter registration record available for public inspection, except for a voter
1011	996		957registration record, or part of a voter registration record that is classified as private under
1012	997		958Section 63G-2-302; and
1013	998		959 (c) allow a record or part of a record described in Subsection (2)(b) that is not
1014	999		960classified as a private record to be photocopied for a reasonable cost.
1015	1000		961 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
1016	1001		962the official register made at the following times:
1017	1002		963 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
1018	1003		964 (b) the day of the election; and
1019	1004		965 (c) the last day of the canvass.
1020	1005		966 Section 14. Section 20A-2-507 is enacted to read:
1021	1006		967 20A-2-507. Rulemaking authority relating to voter registration records.
1022	1007		968 The director of elections within the Office of the Lieutenant Governor shall make rules,
1023	1008		969in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
1024	1009		970 (1) to regulate the use, security, maintenance, data entry, and update of the system;
1025	1010		971 (2) establishing duties and deadlines for a county clerk to:
1026	1011		972 (a) ensure that the database is updated, accurate, and secure; and
1027		-	973 (b) regularly report to the lieutenant governor the information described in Subsection Enrolled Copy H.B. 448
1028		-	- 37 -
	1012	+	973 (b) regularly report to the lieutenant governor the information described in Subsection
1029	1013		97420A-2-502(4); and
1030	1014		975 (3) establishing requirements for a county clerk in relation to:
1031	1015		976 (a) running the utilities and tools in the system;
1032	1016		977 (b) actions that the county clerk is required to take in response to the matters identified,
1033	1017		978or the results produced, from running the utilities and tools; and
1034	1018		979 (c) documenting and reporting compliance with the requirements of this part and rules
1035	1019		980made under this section.
1036	1020		981 Section 15. Section 20A-3a-106 is enacted to read:
1037	1021		982 20A-3a-106. Rulemaking authority relating to conducting an election.
1038	1022		983 The director of elections, within the Office of the Lieutenant Governor, may make
1039	1023		984rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1040	1024		985establishing requirements for:
1041		-	986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and
	1025	+	986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1026	+	- 33 -
1042	1027		987security of the envelopes;
1043	1028		988 (2) complying with the signature comparison audit requirements described in Section
1044	1029		98920A-3a-402.5; or
1045	1030		990 (3) conducting and documenting the identity verification process described in
1046	1031		991Subsection 20A-3a-401(7)(b).
1047	1032		992 Section 16. Section 20A-3a-202 is amended to read:
1048	1033		993 20A-3a-202. Conducting election by mail.
1049	1034		994 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
1050	1035		995Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
1051	1036		996accordance with this section.
1052	1037		997 (b) An individual who did not provide valid voter identification at the time the voter
1053	1038		998registered to vote shall provide valid voter identification before voting.
1054	1039		999 (2) An election officer who administers an election:
1055		-	1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day H.B. 448
1056		-	Enrolled Copy
1057		-	- 38 -
	1040	+	1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
1058	1041		1001and no later than seven days before election day, mail to each active voter within a voting
1059	1042		1002precinct:
1060	1043		1003 (i) a manual ballot;
1061	1044		1004 (ii) a return envelope;
1062	1045		1005 (iii) instructions for returning the ballot that include an express notice about any
1063	1046		1006relevant deadlines that the voter must meet in order for the voter's vote to be counted;
1064	1047		1007 (iv) for an election administered by a county clerk, information regarding the location
1065	1048		1008and hours of operation of any election day voting center at which the voter may vote or a
1066	1049		1009website address where the voter may view this information;
1067	1050		1010 (v) for an election administered by an election officer other than a county clerk, if the
1068	1051		1011election officer does not operate a polling place or an election day voting center, a warning, on
1069	1052		1012a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
1070	1053		1013instructions included with the ballot, the voter will be unable to vote in that election because
1071	1054		1014there will be no polling place for the voting precinct on the day of the election; and
1072	1055		1015 (vi) [after May 1, 2022,] instructions on how a voter may sign up to receive electronic
1073	1056		1016ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
1074		-	1017 (b) may not mail a ballot under this section to:
	1057	+	1017 (b) may not mail a ballot under this section to: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1058	+	- 34 -
1075	1059		1018 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1076	1060		1019 (ii) a voter whom the election officer is prohibited from sending a ballot under
1077	1061		1020Subsection [(10)(c)(ii); and] (9)(c)(ii);
1078	1062		1021 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
1079	1063		1022include instructions for returning the ballot if the individual to whom the election officer mails
1080	1064		1023the ballot does not live at the address to which the ballot is sent[.];
1081	1065		1024 (d) shall provide a method of accessible voting to a voter with a disability who is not
1082	1066		1025able to vote by mail; and
1083	1067		1026 (e) shall include, on the election officer's website and with each ballot mailed,
1084		-	1027instructions regarding how a voter described in Subsection (2)(d) may vote. Enrolled Copy H.B. 448
1085		-	- 39 -
	1068	+	1027instructions regarding how a voter described in Subsection (2)(d) may vote.
1086	1069		1028 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
1087	1070		1029the manual ballot to the address:
1088	1071		1030 (i) provided at the time of registration; or
1089	1072		1031 (ii) if, at or after the time of registration, the voter files an alternate address request
1090	1073		1032form described in Subsection (3)(b), the alternate address indicated on the form.
1091	1074		1033 (b) The lieutenant governor shall make available to voters an alternate address request
1092	1075		1034form that permits a voter to request that the election officer mail the voter's ballot to a location
1093	1076		1035other than the voter's residence.
1094	1077		1036 (c) A voter shall provide the completed alternate address request form to the election
1095	1078		1037officer no later than 11 days before the day of the election.
1096	1079		1038 (4) The return envelope shall include:
1097	1080		1039 (a) the name, official title, and post office address of the election officer on the front of
1098	1081		1040the envelope;
1099	1082		1041 (b) a space where a voter may write an email address and phone number by which the
1100	1083		1042election officer may contact the voter if the voter's ballot is rejected;
1101	1084		1043 (c) a printed affidavit in substantially the following form:
1102	1085		1044 "County of ____State of ____
1103	1086		1045 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1104	1087		1046in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1105	1088		1047currently incarcerated for commission of a felony.
1106		-	1048 ______________________________
	1089	+	1048 ______________________________ 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1090	+	- 35 -
1107	1091		1049 Signature of Voter"; and
1108	1092		1050 (d) a warning that the affidavit must be signed by the individual to whom the ballot
1109	1093		1051was sent and that the ballot will not be counted if the signature on the affidavit does not match
1110	1094		1052the signature on file with the election officer of the individual to whom the ballot was sent.
1111	1095		1053 (5) If the election officer determines that the voter is required to show valid voter
1112		-	1054identification, the election officer may: H.B. 448
1113		-	Enrolled Copy
1114		-	- 40 -
	1096	+	1054identification, the election officer may:
1115	1097		1055 (a) mail a ballot to the voter;
1116	1098		1056 (b) instruct the voter to include a copy of the voter's valid voter identification with the
1117	1099		1057return ballot; and
1118	1100		1058 (c) provide instructions to the voter on how the voter may sign up to receive electronic
1119	1101		1059ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
1120	1102		1060 (6) An election officer who administers an election shall:
1121	1103		1061 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
1122	1104		1062election; or
1123	1105		1063 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
1124	1106		1064and
1125	1107		1065 (b) maintain the signatures on file in the election officer's office.
1126	1108		1066 (7) Upon receipt of a returned ballot, the election officer shall review and process the
1127	1109		1067ballot under Section 20A-3a-401.
1128	1110		1068 (8) A county that administers an election:
1129	1111		1069 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
1130	1112		1070Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
1131	1113		1071additional election day voting center for every 5,000 active voters in the county who have
1132	1114		1072requested to not receive a ballot by mail;
1133	1115		1073 (b) shall ensure that each election day voting center operated by the county has at least
1134	1116		1074one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
1135	1117		1075Pub. L. No. 107-252, for individuals with disabilities;
1136	1118		1076 (c) may reduce the early voting period described in Section 20A-3a-601, if:
1137	1119		1077 (i) the county clerk conducts early voting on at least four days;
1138	1120		1078 (ii) the early voting days are within the period beginning on the date that is 14 days
1139		-	1079before the date of the election and ending on the day before the election; and
	1121	+	1079before the date of the election and ending on the day before the election; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1122	+	- 36 -
1140	1123		1080 (iii) the county clerk provides notice of the reduced early voting period in accordance
1141		-	1081with Section 20A-3a-604; and Enrolled Copy H.B. 448
1142		-	- 41 -
	1124	+	1081with Section 20A-3a-604; and
1143	1125		1082 (d) is not required to pay return postage for a ballot[; and].
1144	1126		1083 [(e) is subject to an audit conducted under Subsection (9).]
1145	1127		1084 [(9) (a) The lieutenant governor shall:]
1146	1128		1085 [(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
1147	1129		1086an election conducted under this section; and]
1148	1130		1087 [(ii) after each primary, general, or special election conducted under this section, select
1149	1131		1088a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
1150	1132		1089developed under Subsection (9)(a)(i).]
1151	1133		1090 [(b) The lieutenant governor shall post the results of an audit conducted under this
1152	1134		1091Subsection (9) on the lieutenant governor's website.]
1153	1135		1092 [(10)] (9) (a) An individual may request that the election officer not send the individual
1154	1136		1093a ballot by mail in the next and subsequent elections by submitting a written request to the
1155	1137		1094election officer.
1156	1138		1095 (b) An individual shall submit the request described in Subsection [(10)(a)] (9)(a) to
1157	1139		1096the election officer before 5 p.m. no later than 60 days before an election if the individual does
1158	1140		1097not wish to receive a ballot by mail in that election.
1159	1141		1098 (c) An election officer who receives a request from an individual under Subsection
1160	1142		1099[(10)(a)] (9)(a):
1161	1143		1100 (i) shall remove the individual's name from the list of voters who will receive a ballot
1162	1144		1101by mail; and
1163	1145		1102 (ii) may not send the individual a ballot by mail for:
1164	1146		1103 (A) the next election, if the individual submits the request described in Subsection
1165	1147		1104[(10)(a)] (9)(a) before the deadline described in Subsection [(10)(b)] (9)(b); or
1166	1148		1105 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (9)(c)(ii)(A).
1167	1149		1106 (d) An individual who submits a request under Subsection [(10)(a)] (9)(a) may resume
1168	1150		1107the individual's receipt of a ballot by mail by submitting a written request to the election
1169		-	1108officer. H.B. 448
1170		-	Enrolled Copy
1171		-	- 42 -
	1151	+	1108officer.
1172	1152		1109 Section 17. Section 20A-3a-401 is amended to read:
1173		-	1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
	1153	+	1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box -- 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1154	+	- 37 -
1174	1155		1111Disposition -- Notice.
1175	1156		1112 (1) This section governs ballots returned by mail or via a ballot drop box.
1176	1157		1113 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
1177	1158		1114the custody of the poll workers in accordance with [Subsection (2)(b)] this section.
1178	1159		1115 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
1179	1160		1116the return envelope to the signature of the voter in the voter registration records.
1180	1161		1117 (3) After complying with Subsection (2), the poll workers shall determine whether:
1181	1162		1118 (a) the signatures correspond;
1182	1163		1119 (b) the affidavit is sufficient;
1183	1164		1120 (c) the voter is registered to vote in the correct precinct;
1184	1165		1121 (d) the voter's right to vote the ballot has been challenged;
1185	1166		1122 (e) the voter has already voted in the election;
1186	1167		1123 (f) the voter is required to provide valid voter identification; and
1187	1168		1124 (g) if the voter is required to provide valid voter identification, whether the voter has
1188	1169		1125provided valid voter identification.
1189	1170		1126 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
1190	1171		1127workers determine [that]:
1191	1172		1128 [(i) the signatures correspond;]
1192	1173		1129 (i) in accordance with the rules made under Subsection (9):
1193	1174		1130 (A) that the signature on the affidavit of the return envelope is reasonably consistent
1194	1175		1131with the individual's signature in the voter registration records; or
1195	1176		1132 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
1196	1177		1133individual's identity is verified by alternative means;
1197	1178		1134 (ii) that the affidavit is sufficient;
1198		-	1135 (iii) that the voter is registered to vote in the correct precinct; Enrolled Copy H.B. 448
1199		-	- 43 -
	1179	+	1135 (iii) that the voter is registered to vote in the correct precinct;
1200	1180		1136 (iv) that the voter's right to vote the ballot has not been challenged;
1201	1181		1137 (v) that the voter has not already voted in the election; and
1202	1182		1138 (vi) for a voter required to provide valid voter identification, that the voter has
1203	1183		1139provided valid voter identification.
1204	1184		1140 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
1205		-	1141workers shall:
	1185	+	1141workers shall: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1186	+	- 38 -
1206	1187		1142 (i) remove the manual ballot from the return envelope in a manner that does not
1207	1188		1143destroy the affidavit on the return envelope;
1208	1189		1144 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
1209	1190		1145with the return envelope; and
1210	1191		1146 (iii) place the ballot with the other ballots to be counted.
1211	1192		1147 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
1212	1193		1148the poll workers shall:
1213	1194		1149 (i) disallow the vote;
1214	1195		1150 (ii) without opening the return envelope, [mark across the face of the return envelope:]
1215	1196		1151record the ballot as "rejected" and state the reason for the rejection; and
1216	1197		1152 [(A) "Rejected as defective"; or]
1217	1198		1153 [(B) "Rejected as not a registered voter"; and]
1218	1199		1154 (iii) place the return envelope, unopened, with the other rejected return envelopes.
1219	1200		1155 (5) (a) If the poll workers reject an individual's ballot because the poll workers
1220	1201		1156determine, in accordance with rules made under Subsection (9), that the signature on the return
1221	1202		1157envelope [does not match] is not reasonably consistent with the individual's signature in the
1222	1203		1158voter registration records, the election officer shall:
1223	1204		1159 (i) contact the individual in accordance with Subsection [(7) by mail, email, text
1224	1205		1160message, or phone, and] (6); and
1225	1206		1161 (ii) inform the individual:
1226		-	1162 [(i)] (A) that the individual's signature is in question; H.B. 448
1227		-	Enrolled Copy
1228		-	- 44 -
	1207	+	1162 [(i)] (A) that the individual's signature is in question;
1229	1208		1163 [(ii)] (B) how the individual may resolve the issue; and
1230	1209		1164 [(iii)] (C) that, in order for the ballot to be counted, the individual is required to deliver
1231	1210		1165to the election officer a correctly completed affidavit, provided by the county clerk, that meets
1232	1211		1166the requirements described in Subsection [(5)(b)] (5)(c).
1233	1212		1167 (b) The election officer shall ensure that the information provided under Subsection
1234	1213		1168(5)(a) includes:
1235	1214		1169 (i) when communicating by mail, a printed copy of the affidavit described in
1236	1215		1170Subsection (5)(c) and a courtesy reply envelope;
1237	1216		1171 (ii) when communicating electronically, a link to a copy of the affidavit described in
1238		-	1172Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
	1217	+	1172Subsection (5)(c) or information on how to obtain a copy of the affidavit; or 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1218	+	- 39 -
1239	1219		1173 (iii) when communicating by phone, either during a direct conversation with the voter
1240	1220		1174or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in
1241	1221		1175Subsection (5)(c), either in person from the clerk's office, by mail, or electronically.
1242	1222		1176 [(b)] (c) An affidavit described in Subsection [(5)(a)(iii)] (5)(a)(ii)(C) shall include:
1243	1223		1177 (i) an attestation that the individual voted the ballot;
1244	1224		1178 (ii) a space for the individual to enter the individual's name, date of birth, and driver
1245	1225		1179license number or the last four digits of the individual's social security number;
1246	1226		1180 (iii) a space for the individual to sign the affidavit; [and]
1247	1227		1181 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
1248	1228		1182governor's and county clerk's use of the individual's signature on the affidavit for voter
1249	1229		1183identification purposes[.]; and
1250	1230		1184 (v) a check box accompanied by language in substantially the following form:
1251	1231		1185 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
1252	1232		1186impacts my ability to sign my name consistently. I can provide appropriate documentation upon
1253	1233		1187request. To discuss accommodations, I can be contacted at __________________".
1254	1234		1188 [(c)] (d) In order for an individual described in Subsection (5)(a) to have the
1255		-	1189individual's ballot counted, the individual shall deliver the affidavit described in Subsection Enrolled Copy H.B. 448
1256		-	- 45 -
	1235	+	1189individual's ballot counted, the individual shall deliver the affidavit described in Subsection
1257	1236		1190[(5)(b)] (5)(c) to the election officer.
1258	1237		1191 [(d)] (e) An election officer who receives a signed affidavit under Subsection [(5)(c)]
1259	1238		1192(5)(d) shall immediately:
1260	1239		1193 (i) scan the signature on the affidavit electronically and keep the signature on file in the
1261	1240		1194statewide voter registration database developed under Section [20A-2-109; and] 20A-2-502;
1262	1241		1195 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
1263	1242		1196the day on which the canvass begins, count the individual's ballot[.]; and
1264	1243		1197 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
1265	1244		1198rules described in Subsection (9)(c).
1266	1245		1199 [(6) If the poll workers reject an individual's ballot for any reason, other than the reason
1267	1246		1200described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
1268	1247		1201accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
1269	1248		1202for the rejection.]
1270		-	1203 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall
	1249	+	1203 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1250	+	- 40 -
1271	1251		1204give the notice no later than:]
1272	1252		1205 [(a) if the election officer rejects the ballot before election day:]
1273	1253		1206 [(i) one business day after the day on which the election officer rejects the ballot, if the
1274	1254		1207election officer gives the notice by email or text message; or]
1275	1255		1208 [(ii) two business days after the day on which the election officer rejects the ballot, if
1276	1256		1209the election officer gives the notice by postal mail or phone;]
1277	1257		1210 [(b) seven days after election day if the election officer rejects the ballot on election
1278	1258		1211day; or]
1279	1259		1212 [(c) seven days after the canvass if the election officer rejects the ballot after election
1280	1260		1213day and before the end of the canvass.]
1281	1261		1214 (6) (a) The election officer shall, within two business days after the day on which an
1282	1262		1215individual's ballot is rejected, notify the individual of the rejection and the reason for the
1283		-	1216rejection, by phone, mail, email, or SMS text message, unless: H.B. 448
1284		-	Enrolled Copy
1285		-	- 46 -
	1263	+	1216rejection, by phone, mail, email, or SMS text message, unless:
1286	1264		1217 (i) the ballot is cured within one business day after the day on which the ballot is
1287	1265		1218rejected; or
1288	1266		1219 (ii) the ballot is rejected because the ballot is received late or for another reason that
1289	1267		1220cannot be cured.
1290	1268		1221 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
1291	1269		1222the election officer shall notify the individual of the rejection and the reason for the rejection by
1292	1270		1223phone, mail, email, or SMS text message, within the later of:
1293	1271		1224 (i) 30 days after the day of the rejection; or
1294	1272		1225 (ii) 30 days after the day of the election.
1295	1273		1226 (c) The election officer may, when notifying an individual by phone under this
1296	1274		1227Subsection (6), use auto-dial technology.
1297	1275		1228 [(8)] (7) An election officer may not count the ballot of an individual whom the
1298	1276		1229election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days
1299	1277		1230before the day on which the canvass begins, the election officer:
1300	1278		1231 [(a) the election officer receives a signed affidavit from the individual under
1301	1279		1232Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the
1302	1280		1233individual's identity; and]
1303		-	1234 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation
	1281	+	1234 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1282	+	- 41 -
1304	1283		1235described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
1305	1284		1236the canvass begins.]
1306	1285		1237 (a) receives a signed affidavit from the individual under Subsection (5); or
1307	1286		1238 (b) (i) contacts the individual;
1308	1287		1239 (ii) if the election officer has reason to believe that an individual, other than the voter
1309	1288		1240to whom the ballot was sent, signed the ballot affidavit, informs the individual that it is
1310	1289		1241unlawful to sign a ballot affidavit for another person, even if the person gives permission;
1311	1290		1242 (iii) verifies the identity of the individual by:
1312		-	1243 (A) requiring the individual to provide at least two types of personal identifying Enrolled Copy H.B. 448
1313		-	- 47 -
	1291	+	1243 (A) requiring the individual to provide at least two types of personal identifying
1314	1292		1244information for the individual;
1315	1293		1245 (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
1316	1294		1246relating to the individual that are in the possession or control of an election officer; and
1317	1295		1247 (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
1318	1296		1248 (A) the name and voter identification number of the individual contacted;
1319	1297		1249 (B) the name of the individual who conducts the verification;
1320	1298		1250 (C) the date and manner of the communication;
1321	1299		1251 (D) the type of personal identifying information provided by the individual;
1322	1300		1252 (E) a description of the records against which the personal identifying information
1323	1301		1253provided by the individual is compared and verified; and
1324	1302		1254 (F) other information required by the lieutenant governor.
1325	1303		1255 [(9)] (8) The election officer shall:
1326	1304		1256 (a) retain and preserve the return envelopes in the manner provided by law for the
1327	1305		1257retention and preservation of ballots voted at that election[.];
1328	1306		1258 (b) retain and preserve the documentation described in Subsection (7)(b)(iv); and
1329	1307		1259 (c) if the election officer complies with Subsection (8)(b) by including the
1330	1308		1260documentation in the voter's voter registration record, make, retain, and preserve a record of the
1331	1309		1261name and voter identification number of each voter contacted under Subsection (7)(b).
1332	1310		1262 (9) The director of elections within the Office of the Lieutenant Governor shall make
1333	1311		1263rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
1334	1312		1264establish:
1335		-	1265 (a) criteria and processes for use by poll workers in determining if a signature is
	1313	+	1265 (a) criteria and processes for use by poll workers in determining if a signature is 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1314	+	- 42 -
1336	1315		1266reasonably consistent with the signature on file for the voter under Subsections (3)(a) and
1337	1316		1267(4)(a)(i)(A);
1338	1317		1268 (b) training and certification requirements for election officers and employees of
1339	1318		1269election officers regarding the criteria and processes described in Subsection (9)(a); and
1340		-	1270 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42 H.B. 448
1341		-	Enrolled Copy
1342		-	- 48 -
	1319	+	1270 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
1343	1320		1271U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
1344	1321		1272individual who checks the box described in Subsection (5)(c)(v).
1345	1322		1273 Section 18. Section 20A-3a-401.1 is enacted to read:
1346	1323		1274 20A-3a-401.1. Ballot chain of custody.
1347	1324		1275 (1) As used in this section:
1348	1325		1276 (a) "Batch" means a grouping of a specified number of ballots:
1349	1326		1277 (i) that is assembled by poll workers, and given a number to distinguish the grouping
1350		-	1278from other groupings, when the ballots are first received for processing;
	1327	+	1278from other groupings, when the ballots are first received for processing:
1351	1328		1279 (ii) that is kept together in the same grouping, and kept separate from other groupings,
1352	1329		1280throughout ballot processing; and
1353	1330		1281 (iii) for which a log is kept to document the chain of custody of the grouping.
1354	1331		1282 (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
1355	1332		1283return envelope that a poll worker has not separated from a ballot, as follows:
1356	1333		1284 (i) starting with receiving the ballot;
1357	1334		1285 (ii) each step taken in relation to a ballot as part of conducting an election; and
1358	1335		1286 (iii) ending after the ballots are counted and stored.
1359	1336		1287 (2) An election officer shall preserve the chain of custody of all ballots in accordance
1360	1337		1288with this section.
1361	1338		1289 (3) An election officer shall maintain an accurate, updated count of the number of
1362	1339		1290ballots that the election officer:
1363	1340		1291 (a) mails or otherwise provides to a voter;
1364	1341		1292 (b) receives from a voter;
1365	1342		1293 (c) counts;
1366	1343		1294 (d) rejects;
1367	1344		1295 (e) resolves after rejecting; or
1368		-	1296 (f) does not resolve after rejecting.
1369		-	~~1297 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll Enrolled Copy H.B. 448~~
1370		-	~~- 49 -~~
	1345	+	1296 (f) does not resolve after rejecting. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1346	+	- 43 -
	1347	+	1297 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll
1371	1348		1298workers immediately count the number of ballots received and divide the ballots into batches.
1372	1349		1299 (5) The election officer shall ensure that:
1373	1350		1300 (a) ballots in each batch are kept separate from the ballots in other batches;
1374	1351		1301 (b) a ballot is not separated from a batch, except as necessary to the election process;
1375	1352		1302 (c) if a ballot is separated from a batch, the batch log indicates:
1376	1353		1303 (i) the ballot number;
1377	1354		1304 (ii) the date and time of removal;
1378	1355		1305 (iii) the identity of the individual who removes the ballot; and
1379	1356		1306 (iv) the reason the ballot is removed;
1380	1357		1307 (d) poll workers shall keep for each batch a log that includes:
1381	1358		1308 (i) a unique identifying code or number for the batch;
1382	1359		1309 (ii) the number of ballots in the batch;
1383	1360		1310 (iii) the date that the ballots were received; and
1384	1361		1311 (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
1385	1362		1312 (A) the date and time that the ballots are handled;
1386	1363		1313 (B) a description of what is done with the ballots;
1387	1364		1314 (C) the identity of the poll workers who handle the ballots; and
1388	1365		1315 (D) any other information required by rule under Subsection (7);
1389	1366		1316 (e) an election official who performs a ballot processing function performs the function
1390	1367		1317in the presence of at least one other election official;
1391	1368		1318 (f) to the extent reasonably possible, the poll workers who perform a ballot processing
1392	1369		1319function for a batch complete performing that function for the entire batch; and
1393	1370		1320 (g) each part of the processing of all ballots is monitored by recorded video, without
1394	1371		1321audio.
1395	1372		1322 (6) An election officer shall:
1396	1373		1323 (a) keep the recordings described in Subsection (5)(g) until the later of:
1397		-	1324 (i) the end of the calendar year in which the election was held; or H.B. 448
1398		-	Enrolled Copy
1399		-	- 50 -
	1374	+	1324 (i) the end of the calendar year in which the election was held; or
1400	1375		1325 (ii) if the election is contested, when the contest is resolved; and
1401	1376		1326 (b) ensure that a camera, a video, or a recording of a video described in Subsection
1402		-	1327(5)(g) may only be accessed:
	1377	+	1327(5)(g) may only be accessed: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1378	+	- 44 -
1403	1379		1328 (i) by the election officer;
1404	1380		1329 (ii) by a custodian of the camera, video, or recording;
1405	1381		1330 (iii) by the lieutenant governor;
1406	1382		1331 (iv) by the legislative auditor general, when performing an audit; or
1407	1383		1332 (v) by, or pursuant to an order of, a court of competent jurisdiction.
1408	1384		1333 (7) An individual may not view a video, or a recording of a video, described in
1409	1385		1334Subsection (5)(g):
1410	1386		1335 (a) unless the individual is an individual described in Subsection (6)(b); and
1411	1387		1336 (b) the individual views the video to the extent necessary to:
1412	1388		1337 (i) ensure compliance with Subsection (5)(g) or (6); or
1413	1389		1338 (ii) investigate a concern relating to the processing of ballots.
1414	1390		1339 (8) The director of elections within the Office of the Lieutenant Governor may make
1415	1391		1340rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1416	1392		1341establishing specific requirements and procedures for an election officer or poll worker to:
1417	1393		1342 (a) fulfill the chain of custody requirements described in this section;
1418	1394		1343 (b) perform the signature verification audits described in Section 20A-3a-402.5; and
1419	1395		1344 (c) comply with the reconciliation requirements described in Subsection
1420	1396		134520A-4-304(2)(h).
1421	1397		1346 Section 19. Section 20A-3a-401.5 is amended to read:
1422	1398		1347 20A-3a-401.5. Ballot tracking system.
1423	1399		1348 (1) As used in this section:
1424	1400		1349 (a) "Ballot tracking system" means the system described in this section to track and
1425	1401		1350confirm the status of trackable ballots.
1426		-	1351 (b) "Change in the status" includes: Enrolled Copy H.B. 448
1427		-	- 51 -
	1402	+	1351 (b) "Change in the status" includes:
1428	1403		1352 (i) when a trackable ballot is mailed to a voter;
1429	1404		1353 (ii) when an election official receives a voted trackable ballot; and
1430	1405		1354 (iii) when a voted trackable ballot is counted.
1431	1406		1355 (c) "Trackable ballot" means a manual ballot that is:
1432	1407		1356 (i) mailed to a voter in accordance with Section 20A-3a-202;
1433	1408		1357 (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
1434		-	1358 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
	1409	+	1358 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1410	+	- 45 -
1435	1411		1359 (d) "Voter registration database" means the [statewide voter registration database
1436	1412		1360described in Section 20A-2-109] database, as defined in Section 20A-2-501.
1437	1413		1361 (2) [(a)] The lieutenant governor shall [develop] operate and maintain a statewide or
1438	1414		1362locally based system to track and confirm when there is a change in the status of a trackable
1439	1415		1363ballot.
1440	1416		1364 [(b) The ballot tracking system shall be operational on or before May 1, 2022.]
1441	1417		1365 (3) [Beginning on May 1, 2022, if] If a voter elects to receive electronic notifications
1442	1418		1366regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
1443	1419		1367is a change in the status of the voter's trackable ballot:
1444	1420		1368 (a) send a text message notification to the voter if the voter's information in the voter
1445	1421		1369registration database includes a mobile telephone number;
1446	1422		1370 (b) send an email notification to the voter if the voter's information in the voter
1447	1423		1371registration database includes an email address; and
1448	1424		1372 (c) send a notification by another electronic means directed by the lieutenant governor.
1449	1425		1373 (4) The lieutenant governor shall ensure that the ballot tracking system and the
1450	1426		1374state-provided website described in Section 20A-7-801 automatically share appropriate
1451	1427		1375information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
1452	1428		1376the state-provided website free of charge.
1453	1429		1377 (5) The ballot tracking system shall include a toll-free telephone number or other
1454		-	1378offline method by which a voter can confirm the status of the voter's trackable ballot. H.B. 448
1455		-	Enrolled Copy
1456		-	- 52 -
	1430	+	1378offline method by which a voter can confirm the status of the voter's trackable ballot.
1457	1431		1379 (6) The lieutenant governor shall ensure that the ballot tracking system:
1458	1432		1380 (a) is secure from unauthorized use by employing data encryption or other security
1459	1433		1381measures; and
1460	1434		1382 (b) is only used for the purposes described in this section.
1461	1435		1383 Section 20. Section 20A-3a-402.5 is enacted to read:
1462	1436		1384 20A-3a-402.5. Signature verification audits.
1463	1437		1385 (1) An election officer shall, in accordance with this section and rules made under
1464	1438		1386Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
1465	1439		1387on envelopes and voter signatures maintained by the election officer.
1466	1440		1388 (2) An individual who conducts an audit of signature comparisons may not audit the
1467		-	1389individual's own work.
	1441	+	1389individual's own work. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1442	+	- 46 -
1468	1443		1390 (3) Before separating ballots from return envelopes, the election officer shall:
1469	1444		1391 (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
1470	1445		1392the accuracy of the comparisons made; and
1471	1446		1393 (b) provide additional training or staff reassignments, as needed, based on the results of
1472	1447		1394the audit.
1473	1448		1395 (4) An election officer shall submit to the lieutenant governor and the board of
1474	1449		1396canvassers a record of:
1475	1450		1397 (a) the audits performed under this section;
1476	1451		1398 (b) the results of the audits; and
1477	1452		1399 (c) any remedial action taken.
1478	1453		1400 Section 21. Section 20A-3a-405 is amended to read:
1479	1454		1401 20A-3a-405. Ballot statistics.
1480	1455		1402 (1) [An] Except as provided in Subsection (5)(a), an election officer shall post and
1481	1456		1403update the data described in Subsection (2) on the election officer's website, on the following
1482	1457		1404days, after the election officer finishes processing ballots on that day:
1483		-	1405 (a) the day on which the election officer begins mailing ballots; Enrolled Copy H.B. 448
1484		-	- 53 -
	1458	+	1405 (a) the day on which the election officer begins mailing ballots;
1485	1459		1406 (b) [except as provided in Subsection (5)(a), until the day described in Subsection
1486	1460		1407(1)(c),] each Monday, Wednesday, and Friday after the day described in Subsection (1)(a), until
1487	1461		1408the final posting described in Subsection (1)(c); and
1488	1462		1409 (c) the [Friday before] Wednesday after the day of the election.
1489	1463		1410 (2) The data that an election officer is required to post under Subsection (1) includes:
1490	1464		1411 (a) the number of ballots in the county clerk's possession; and
1491	1465		1412 (b) of the number of ballots described in Subsection (2)(a):
1492	1466		1413 (i) the number of ballots that have not yet begun processing;
1493	1467		1414 (ii) the number of ballots in process; and
1494	1468		1415 (iii) the number of ballots processed.
1495	1469		1416 (3) Except as provided in Subsection (5)(b), an election officer shall post and update
1496	1470		1417the data described in Subsection (4) on the election officer's website on the following days:
1497	1471		1418 (a) the Friday after the day of the election;
1498	1472		1419 (b) [until the day described in Subsection (3)(c),] each Monday, Wednesday, and
1499		-	1420Friday after the day described in Subsection (3)(a), until the final posting described in
	1473	+	1420Friday after the day described in Subsection (3)(a), until the final posting described in 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1474	+	- 47 -
1500	1475		1421Subsection (3)(c); and
1501	1476		1422 (c) on the last day of the canvass.
1502	1477		1423 (4) The data that an election officer is required to post under Subsection (3) includes:
1503	1478		1424 (a) a best estimate of the number of ballots received, to date, by the election officer;
1504	1479		1425 (b) the number of ballots in possession of the election officer that have been rejected
1505	1480		1426and are not yet cured;
1506	1481		1427 (c) the number of provisional ballots in the possession of the election officer that have
1507	1482		1428not been processed;
1508	1483		1429 (d) the number of ballots that need to be adjudicated, but have not yet been
1509	1484		1430adjudicated;
1510	1485		1431 (e) the number of ballots awaiting replication; and
1511		-	1432 (f) the number of ballots that have been replicated. H.B. 448
1512		-	Enrolled Copy
1513		-	- 54 -
	1486	+	1432 (f) the number of ballots that have been replicated.
1514	1487		1433 (5) (a) [Except for the Monday described in Subsection (1)(c), an] An election officer
1515	1488		1434is not required to update the data described in Subsection (2) on a Monday if the election
1516	1489		1435officer does not process any ballots the preceding Saturday or Sunday.
1517	1490		1436 (b) An election officer is not required to update the data described in Subsection (4) on
1518	1491		1437a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
1519	1492		1438 Section 22. Section 20A-4-102 is amended to read:
1520	1493		1439 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
1521	1494		1440polling place on day of election after polls close.
1522	1495		1441 (1) (a) This section governs counting manual ballots on the day of an election, if:
1523	1496		1442 (i) the ballots are cast at a polling place; and
1524	1497		1443 (ii) the ballots are counted at the polling place after the polls close.
1525	1498		1444 (b) Except as provided in Subsection (2) or a rule made under Subsection
1526	1499		144520A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
1527	1500		1446the election judges shall count the ballots by performing the tasks specified in this section in
1528	1501		1447the order that they are specified.
1529	1502		1448 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
1530	1503		1449apply the standards and requirements of:
1531	1504		1450 (i) to the extent applicable, Section 20A-4-105; and
1532		-	1451 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
	1505	+	1451 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1506	+	- 48 -
1533	1507		1452Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).
1534	1508		1453 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
1535	1509		1454 (b) (i) If there are more ballots in the ballot box than there are names entered in the
1536	1510		1455pollbook, the judges shall examine the official endorsements on the ballots.
1537	1511		1456 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
1538	1512		1457official endorsement, the judges shall put those ballots in an excess ballot file and not count
1539	1513		1458them.
1540		-	1459 (c) (i) If, after examining the official endorsements, there are still more ballots in the Enrolled Copy H.B. 448
1541		-	- 55 -
	1514	+	1459 (c) (i) If, after examining the official endorsements, there are still more ballots in the
1542	1515		1460ballot box than there are names entered in the pollbook, the judges shall place the remaining
1543	1516		1461ballots back in the ballot box.
1544	1517		1462 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
1545	1518		1463excess from the ballot box.
1546	1519		1464 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
1547	1520		1465count them.
1548	1521		1466 (d) When the ballots in the ballot box equal the number of names entered in the
1549	1522		1467pollbook, the judges shall count the votes.
1550	1523		1468 (3) The judges shall:
1551	1524		1469 (a) place all unused ballots in the envelope or container provided for return to the
1552	1525		1470county clerk or city recorder; and
1553	1526		1471 (b) seal that envelope or container.
1554	1527		1472 (4) The judges shall:
1555	1528		1473 (a) place all of the provisional ballot envelopes in the envelope provided for them for
1556	1529		1474return to the election officer; and
1557	1530		1475 (b) seal that envelope or container.
1558	1531		1476 (5) (a) In counting the votes, the election judges shall read and count each ballot
1559	1532		1477separately.
1560	1533		1478 (b) In regular primary elections the judges shall:
1561	1534		1479 (i) count the number of ballots cast for each party;
1562	1535		1480 (ii) place the ballots cast for each party in separate piles; and
1563	1536		1481 (iii) count all the ballots for one party before beginning to count the ballots cast for
1564		-	1482other parties.
	1537	+	1482other parties. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1538	+	- 49 -
1565	1539		1483 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
1566	1540		1484Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
1567	1541		148520A-4-101(2)(f)(i):
1568		-	1486 (i) count one vote for each candidate designated by the marks in the squares next to the H.B. 448
1569		-	Enrolled Copy
1570		-	- 56 -
	1542	+	1486 (i) count one vote for each candidate designated by the marks in the squares next to the
1571	1543		1487candidate's name;
1572	1544		1488 (ii) count each vote for each write-in candidate who has qualified by filing a
1573	1545		1489declaration of candidacy under Section 20A-9-601;
1574	1546		1490 (iii) read every name marked on the ballot and mark every name upon the tally sheets
1575	1547		1491before another ballot is counted;
1576	1548		1492 (iv) evaluate each ballot and each vote based on the standards and requirements of
1577	1549		1493Section 20A-4-105;
1578	1550		1494 (v) write the word "spoiled" on the back of each ballot that lacks the official
1579	1551		1495endorsement and deposit it in the spoiled ballot envelope; and
1580	1552		1496 (vi) read, count, and record upon the tally sheets the votes that each candidate and
1581	1553		1497ballot proposition received from all ballots, except excess or spoiled ballots.
1582	1554		1498 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
1583	1555		1499persons clearly not eligible to qualify for office.
1584	1556		1500 (c) The judges shall certify to the accuracy and completeness of the tally list in the
1585	1557		1501space provided on the tally list.
1586	1558		1502 (d) When the judges have counted all of the voted ballots, they shall record the results
1587	1559		1503on the total votes cast form.
1588	1560		1504 (7) [(7)] (a) [Only] Except as provided in Subsection (7)(b), only an election judge and
1589	1561		1505a watcher may be present at the place where counting is conducted until the count is completed.
1590	1562		1506 (b) The lieutenant governor may be present at the place where counting is conducted,
1591	1563		1507regardless of whether the count is completed.
1592	1564		1508 Section 23. Section 20A-4-104 is amended to read:
1593	1565		1509 20A-4-104. Counting ballots electronically.
1594	1566		1510 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
1595	1567		1511election officer shall test the automatic tabulating equipment to ensure that it will accurately
1596	1568		1512count the votes cast for all offices and all measures.
1597		-	1513 (b) The election officer shall provide public notice of the time and place of the test: ~~Enrolled Copy~~ H.B. 448
1598		-	- 57 -
	1569	+	1513 (b) The election officer shall provide public notice of the time and place of the test: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1570	+	- 50 -
1599	1571		1514 (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
1600	1572		1515circulation in the county, municipality, or jurisdiction where the equipment is used;
1601	1573		1516 (B) at least 10 days before the day of the test, by posting one notice, and at least one
1602	1574		1517additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
1603	1575		1518within the county, municipality, or jurisdiction that are most likely to give notice to the voters
1604	1576		1519in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
1605	1577		1520 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
1606	1578		1521in the county, municipality, or jurisdiction where the equipment is used;
1607	1579		1522 (ii) by posting notice on the Utah Public Notice Website, created in Section
1608	1580		152363A-16-601, for four weeks before the day of the test; and
1609	1581		1524 (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
1610	1582		1525website for four weeks before the day of the test.
1611	1583		1526 (c) The election officer shall conduct the test by processing a preaudited group of
1612	1584		1527ballots.
1613	1585		1528 (d) The election officer shall ensure that:
1614	1586		1529 (i) a predetermined number of valid votes for each candidate and measure are recorded
1615	1587		1530on the ballots;
1616	1588		1531 (ii) for each office, one or more ballots have votes in excess of the number allowed by
1617	1589		1532law in order to test the ability of the automatic tabulating equipment to reject those votes; and
1618	1590		1533 (iii) a different number of valid votes are assigned to each candidate for an office, and
1619	1591		1534for and against each measure.
1620	1592		1535 (e) If any error is detected, the election officer shall determine the cause of the error
1621	1593		1536and correct it.
1622	1594		1537 (f) The election officer shall ensure that:
1623	1595		1538 (i) the automatic tabulating equipment produces an errorless count before beginning
1624	1596		1539the actual counting; and
1625		-	1540 (ii) [the automatic tabulating equipment passes the same test at the end of the count H.B. 448
1626		-	Enrolled Copy
1627		-	- 58 -
	1597	+	1540 (ii) [the automatic tabulating equipment passes the same test at the end of the count
1628	1598		1541]before the election returns are approved as official[.], the automatic tabulating equipment
1629	1599		1542passes a post election audit conducted in accordance with the rules described in Subsection
1630	1600		154320A-1-108(1).
1631		-	1544 (2) (a) The election officer or the election officer's designee shall supervise and direct
	1601	+	1544 (2) (a) The election officer or the election officer's designee shall supervise and direct 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1602	+	- 51 -
1632	1603		1545all proceedings at the counting center.
1633	1604		1546 (b) (i) Proceedings at the counting center are public and may be observed by interested
1634	1605		1547persons.
1635	1606		1548 (ii) Only those persons authorized to participate in the count may touch any ballot or
1636	1607		1549return.
1637	1608		1550 (c) The election officer shall deputize and administer an oath or affirmation to all
1638	1609		1551persons who are engaged in processing and counting the ballots that they will faithfully
1639	1610		1552perform their assigned duties.
1640	1611		1553 (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
1641	1612		1554automatic tabulating equipment, the election officer shall ensure that two counting judges
1642	1613		1555jointly:
1643	1614		1556 (i) make a true replication of the ballot with an identifying serial number;
1644	1615		1557 (ii) substitute the replicated ballot for the damaged or defective ballot;
1645	1616		1558 (iii) label the replicated ballot "replicated"; and
1646	1617		1559 (iv) record the replicated ballot's serial number on the damaged or defective ballot.
1647	1618		1560 (b) The lieutenant governor shall provide to each election officer a standard form on
1648	1619		1561which the election officer shall maintain a log of all replicated ballots, that includes, for each
1649	1620		1562ballot:
1650	1621		1563 (i) the serial number described in Subsection (3)(a);
1651	1622		1564 (ii) the identification of the individuals who replicated the ballot;
1652	1623		1565 (iii) the reason for the replication; and
1653	1624		1566 (iv) any other information required by the lieutenant governor.
1654		-	1567 (c) An election officer shall: Enrolled Copy H.B. 448
1655		-	- 59 -
	1625	+	1567 (c) An election officer shall:
1656	1626		1568 (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
1657	1627		1569ballots are replicated;
1658	1628		1570 (ii) at the end of each day during which one or more ballots are replicated, make an
1659	1629		1571electronic copy of the log; and
1660	1630		1572 (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
1661	1631		1573 (4) The election officer may:
1662	1632		1574 (a) conduct an unofficial count before conducting the official count in order to provide
1663		-	1575early unofficial returns to the public;
	1633	+	1575early unofficial returns to the public; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1634	+	- 52 -
1664	1635		1576 (b) release unofficial returns from time to time after the polls close; and
1665	1636		1577 (c) report the progress of the count for each candidate during the actual counting of
1666	1637		1578ballots.
1667	1638		1579 (5) Beginning on the day after the date of the election, if an election officer releases
1668	1639		1580early unofficial returns or reports the progress of the count for each candidate under Subsection
1669	1640		1581(4), the election officer shall, with each release or report, disclose an estimate of the total
1670	1641		1582number of voted ballots in the election officer's custody that have not yet been counted.
1671	1642		1583 (6) The election officer shall review and evaluate the provisional ballot envelopes and
1672	1643		1584prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
1673	1644		1585 (7) (a) The election officer or the election officer's designee shall:
1674	1645		1586 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
1675	1646		1587 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
1676	1647		1588 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
1677	1648		1589more votes for an office than that voter is entitled to vote for that office, the poll workers shall
1678	1649		1590count the valid write-in vote as being the obvious intent of the voter.
1679	1650		1591 (8) (a) The election officer shall certify the return printed by the automatic tabulating
1680	1651		1592equipment, to which have been added write-in and absentee votes, as the official return of each
1681	1652		1593voting precinct.
1682		-	1594 (b) Upon completion of the count, the election officer shall make official returns open H.B. 448
1683		-	Enrolled Copy
1684		-	- 60 -
	1653	+	1594 (b) Upon completion of the count, the election officer shall make official returns open
1685	1654		1595to the public.
1686	1655		1596 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
1687	1656		1597tabulating equipment, the election officer may direct that they be counted manually according
1688	1657		1598to the procedures and requirements of this part.
1689	1658		1599 (10) After the count is completed, the election officer shall seal and retain the
1690	1659		1600programs, test materials, and ballots as provided in Section 20A-4-202.
1691	1660		1601 Section 24. Section 20A-4-106 is amended to read:
1692	1661		1602 20A-4-106. Manual ballots -- Sealing.
1693	1662		1603 (1) After the official canvas of an election, the election officer shall store all election
1694	1663		1604returns in containers that identify the containers' contents.
1695	1664		1605 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
1696		-	1606by anyone, except as follows:
	1665	+	1606by anyone, except as follows: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1666	+	- 53 -
1697	1667		1607 (a) when examined during a recount conducted under the authority of Section
1698	1668		160820A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1699	1669		1609Project[.]; or
1700	1670		1610 (b) the lieutenant governor may examine the ballots:
1701	1671		1611 (i) until the later of:
1702	1672		1612 (A) the end of the calendar year in which the election was held; or
1703	1673		1613 (B) if the election is contested, when the contest is resolved; or
1704	1674		1614 (ii) at any time via a subpoena or other legal process.
1705	1675		1615 Section 25. Section 20A-4-109 is enacted to read:
1706	1676		1616 20A-4-109. Ballot reconciliation -- Rulemaking authority.
1707	1677		1617 (1) In accordance with this section and rules made under Subsection (2), an election
1708	1678		1618officer whose office processes ballots shall:
1709	1679		1619 (a) conduct ballot reconciliations every time ballots are tabulated;
1710	1680		1620 (b) conduct a final ballot reconciliation when an election officer concludes processing
1711		-	1621all ballots; Enrolled Copy H.B. 448
1712		-	- 61 -
	1681	+	1621all ballots;
1713	1682		1622 (c) document each ballot reconciliation;
1714	1683		1623 (d) publicly release the results of each ballot reconciliation; and
1715	1684		1624 (e) in conducting ballot reconciliations:
1716	1685		1625 (i) ensure that the number of ballots received for processing, the number of ballots
1717	1686		1626processed, and the number of voters given credit for voting, are equal; or
1718	1687		1627 (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
1719	1688		1628explain the differences in the numbers.
1720	1689		1629 (2) The director of elections within the Office of the Lieutenant Governor may make
1721	1690		1630rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1722	1691		1631establishing procedures and requirements for conducting, documenting, and publishing a ballot
1723	1692		1632reconciliation.
1724	1693		1633 Section 26. Section 20A-4-202 is amended to read:
1725	1694		1634 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
1726	1695		1635provisional ballots cast.
1727	1696		1636 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
1728		-	1637 (a) ensure that the poll workers have provided all of the ballots and election returns;
	1697	+	1637 (a) ensure that the poll workers have provided all of the ballots and election returns; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1698	+	- 54 -
1729	1699		1638 (b) inspect the ballots and election returns to ensure that they are sealed;
1730	1700		1639 (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
1731	1701		1640secure place;
1732	1702		1641 (d) for mechanical ballots:
1733	1703		1642 (i) count the ballots; and
1734	1704		1643 (ii) deposit and lock the ballots and election returns in a safe and secure place; and
1735	1705		1644 (e) for bond elections, provide a copy of the election results to the board of canvassers
1736	1706		1645of the local political subdivision that called the bond election.
1737	1707		1646 (2) Each election officer shall:
1738	1708		1647 (a) before 5 p.m. on the day after the date of the election, determine the number of
1739		-	1648provisional ballots cast within the election officer's jurisdiction and make that number available H.B. 448
1740		-	Enrolled Copy
1741		-	- 62 -
	1709	+	1648provisional ballots cast within the election officer's jurisdiction and make that number available
1742	1710		1649to the public;
1743	1711		1650 (b) preserve ballots for 22 months after the election or until the time has expired during
1744	1712		1651which the ballots could be used in an election contest;
1745	1713		1652 (c) preserve all other official election returns for at least 22 months after an election;
1746	1714		1653and
1747	1715		1654 (d) after that time, destroy them without opening or examining them.
1748	1716		1655 (3) (a) The election officer shall package and retain all tabulating cards and other
1749	1717		1656materials used in the programming of the automatic tabulating equipment.
1750	1718		1657 (b) The election officer:
1751	1719		1658 (i) may access these tabulating cards and other materials;
1752	1720		1659 (ii) may make copies of these materials and make changes to the copies;
1753	1721		1660 (iii) may not alter or make changes to the materials themselves; and
1754	1722		1661 (iv) within 22 months after the election in which they were used, may dispose of those
1755	1723		1662materials or retain them.
1756	1724		1663 (4) (a) If an election contest is begun within 12 months, the election officer shall,
1757	1725		1664except as provided in Subsection (4)(c):
1758	1726		1665 (i) keep the ballots and election returns unopened and unaltered until the contest is
1759	1727		1666complete; or
1760	1728		1667 (ii) surrender the ballots and election returns to the custody of the court having
1761		-	1668jurisdiction of the contest when ordered or subpoenaed to do so by that court.
	1729	+	1668jurisdiction of the contest when ordered or subpoenaed to do so by that court. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1730	+	- 55 -
1762	1731		1669 (b) [When] Except as provided in Subsection (4)(c), when all election contests arising
1763	1732		1670from an election are complete, the election officer shall either:
1764	1733		1671 (i) retain the ballots and election returns until the time for preserving them under this
1765	1734		1672section has run; or
1766	1735		1673 (ii) destroy the ballots and election returns remaining in the election officer's custody
1767	1736		1674without opening or examining them if the time for preserving them under this section has run.
1768		-	1675 (c) The lieutenant governor may examine the ballots and election returns described in Enrolled Copy H.B. 448
1769		-	- 63 -
	1737	+	1675 (c) The lieutenant governor may examine the ballots and election returns described in
1770	1738		1676this Subsection (4).
1771	1739		1677 (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
1772	1740		1678 (i) may make and keep copies of ballots or election returns as part of a legislative audit;
1773	1741		1679and
1774	1742		1680 (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
1775	1743		1681identifies a ballot with the voter who casts the ballot.
1776	1744		1682 (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
1777	1745		1683under Title 63G, Chapter 2, Government Records Access and Management Act.
1778	1746		1684 Section 27. Section 20A-4-304 is amended to read:
1779	1747		1685 20A-4-304. Declaration of results -- Canvassers' report.
1780	1748		1686 (1) Each board of canvassers shall:
1781	1749		1687 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
1782	1750		1688declare "elected" or "nominated" those persons who:
1783	1751		1689 (i) had the highest number of votes; and
1784	1752		1690 (ii) sought election or nomination to an office completely within the board's
1785	1753		1691jurisdiction;
1786	1754		1692 (b) declare:
1787	1755		1693 (i) "approved" those ballot propositions that:
1788	1756		1694 (A) had more "yes" votes than "no" votes; and
1789	1757		1695 (B) were submitted only to the voters within the board's jurisdiction; or
1790	1758		1696 (ii) "rejected" those ballot propositions that:
1791	1759		1697 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
1792	1760		1698votes; and
1793		-	1699 (B) were submitted only to the voters within the board's jurisdiction;
	1761	+	1699 (B) were submitted only to the voters within the board's jurisdiction; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1762	+	- 56 -
1794	1763		1700 (c) certify the vote totals for persons and for and against ballot propositions that were
1795	1764		1701submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1796		-	1702the lieutenant governor; and H.B. 448
1797		-	Enrolled Copy
1798		-	- 64 -
	1765	+	1702the lieutenant governor; and
1799	1766		1703 (d) if applicable, certify the results of each local district election to the local district
1800	1767		1704clerk.
1801	1768		1705 (2) [As soon as the result is declared, the election officer shall prepare a report of the
1802	1769		1706result, which shall contain] The election officer shall submit a report to the board of canvassers
1803	1770		1707that includes the following information:
1804	1771		1708 (a) the total number of votes cast in the board's jurisdiction;
1805	1772		1709 (b) the names of each candidate whose name appeared on the ballot;
1806	1773		1710 (c) the title of each ballot proposition that appeared on the ballot;
1807	1774		1711 (d) each office that appeared on the ballot;
1808	1775		1712 (e) from each voting precinct:
1809	1776		1713 (i) the number of votes for each candidate;
1810	1777		1714 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
1811	1778		1715Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
1812	1779		1716potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
1813	1780		1717phase; and
1814	1781		1718 (iii) the number of votes for and against each ballot proposition;
1815	1782		1719 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
1816	1783		1720and against each ballot proposition;
1817	1784		1721 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
1818	1785		1722 (i) the number of ballots counted;
1819	1786		1723 (ii) provisional ballots; and
1820	1787		1724 (iii) the number of ballots [that were] rejected; [and]
1821	1788		1725 (h) a final ballot reconciliation report;
1822	1789		1726 (i) other information required by law to be provided to the board of canvassers; and
1823	1790		1727 [(h)] (j) a statement certifying that the information contained in the report is accurate.
1824	1791		1728 (3) The election officer and the board of canvassers shall:
1825		-	1729 (a) review the report to ensure that [it] the report is correct; and ~~Enrolled Copy H.B. 448~~
1826		-	~~- 65 -~~
1827		-	~~1730 (b) sign the report.~~
	1792	+	1729 (a) review the report to ensure that [it] the report is correct; and
	1793	+	1730 (b) sign the report. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1794	+	- 57 -
1828	1795		1731 (4) The election officer shall:
1829	1796		1732 (a) record or file the certified report in a book kept for that purpose;
1830	1797		1733 (b) prepare and transmit a certificate of nomination or election under the officer's seal
1831	1798		1734to each nominated or elected candidate;
1832	1799		1735 (c) publish a copy of the certified report in accordance with Subsection (5); and
1833	1800		1736 (d) file a copy of the certified report with the lieutenant governor.
1834	1801		1737 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
1835	1802		1738days after the day on which the board of canvassers declares the election results, publicize the
1836	1803		1739certified report described in Subsection (2):
1837	1804		1740 (a) (i) by publishing notice at least once in a newspaper of general circulation within
1838	1805		1741the jurisdiction;
1839	1806		1742 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1840	1807		1743jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
1841	1808		1744of the jurisdiction, subject to a maximum of 10 notices; or
1842	1809		1745 (iii) by mailing notice to each residence within the jurisdiction;
1843	1810		1746 (b) by posting notice on the Utah Public Notice Website, created in Section
1844	1811		174763A-16-601, for one week; and
1845	1812		1748 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1846	1813		1749one week.
1847	1814		1750 (6) Instead of including a copy of the entire certified report, a notice required under
1848	1815		1751Subsection (5) may contain a statement that:
1849	1816		1752 (a) includes the following: "The Board of Canvassers for [indicate name of
1850	1817		1753jurisdiction] has prepared a report of the election results for the [indicate type and date of
1851	1818		1754election]."; and
1852	1819		1755 (b) specifies the following sources where an individual may view or obtain a copy of
1853		-	1756the entire certified report: H.B. 448
1854		-	Enrolled Copy
1855		-	- 66 -
	1820	+	1756the entire certified report:
1856	1821		1757 (i) if the jurisdiction has a website, the jurisdiction's website;
1857	1822		1758 (ii) the physical address for the jurisdiction; and
1858	1823		1759 (iii) a mailing address and telephone number.
1859	1824		1760 (7) When there has been a regular general or a statewide special election for statewide
1860		-	1761officers, for officers that appear on the ballot in more than one county, or for a statewide or two
	1825	+	1761officers, for officers that appear on the ballot in more than one county, or for a statewide or two 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1826	+	- 58 -
1861	1827		1762or more county ballot proposition, each board of canvassers shall:
1862	1828		1763 (a) prepare a separate report detailing the number of votes for each candidate and the
1863	1829		1764number of votes for and against each ballot proposition; and
1864	1830		1765 (b) transmit the separate report by registered mail to the lieutenant governor.
1865	1831		1766 (8) In each county election, municipal election, school election, local district election,
1866	1832		1767and local special election, the election officer shall transmit the reports to the lieutenant
1867	1833		1768governor within 14 days after the date of the election.
1868	1834		1769 (9) In a regular primary election and in a presidential primary election, the board shall
1869	1835		1770transmit to the lieutenant governor:
1870	1836		1771 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
1871	1837		1772governor not later than the second Tuesday after the election; and
1872	1838		1773 (b) a complete tabulation showing voting totals for all primary races, precinct by
1873	1839		1774precinct, to be mailed to the lieutenant governor on or before the third Friday following the
1874	1840		1775primary election.
1875	1841		1776 Section 28. Section 20A-5-101 is amended to read:
1876	1842		1777 20A-5-101. Notice of election.
1877	1843		1778 (1) On or before November 15 in the year before each regular general election year, the
1878	1844		1779lieutenant governor shall prepare and transmit a written notice to each county clerk that:
1879	1845		1780 (a) designates the offices to be filled at the next year's regular general election;
1880	1846		1781 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
1881	1847		1782certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
1882		-	1783and 20A-9-408 for those offices; and Enrolled Copy H.B. 448
1883		-	- 67 -
	1848	+	1783and 20A-9-408 for those offices; and
1884	1849		1784 (c) contains a description of any ballot propositions to be decided by the voters that
1885	1850		1785have qualified for the ballot as of that date.
1886	1851		1786 (2) (a) No later than seven business days after the day on which the lieutenant governor
1887	1852		1787transmits the written notice described in Subsection (1), each county clerk shall provide notice,
1888	1853		1788in accordance with Subsection (3):
1889	1854		1789 (i) by posting notice in a conspicuous place most likely to give notice of the election to
1890	1855		1790the voters in each voting precinct within the county;
1891	1856		1791 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
1892		-	1792 (B) by posting one notice, and at least one additional notice per 2,000 population of the
	1857	+	1792 (B) by posting one notice, and at least one additional notice per 2,000 population of the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1858	+	- 59 -
1893	1859		1793county, in places within the county that are most likely to give notice of the election to the
1894	1860		1794voters in the county, subject to a maximum of 10 notices; or
1895	1861		1795 (C) by mailing notice to each registered voter in the county;
1896	1862		1796 (iii) by posting notice on the Utah Public Notice Website, created in Section
1897	1863		179763A-16-601, for seven days before the day of the election; and
1898	1864		1798 (iv) by posting notice on the county's website for seven days before the day of the
1899	1865		1799election.
1900	1866		1800 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
1901	1867		1801showing a copy of the notice and the places where the notice was posted.
1902	1868		1802 (3) The notice described in Subsection (2) shall:
1903	1869		1803 (a) designate the offices to be voted on in that election; and
1904	1870		1804 (b) identify the dates for filing a declaration of candidacy for those offices.
1905	1871		1805 (4) Except as provided in Subsection (6), before each election, the election officer shall
1906	1872		1806give printed notice of the following information:
1907	1873		1807 (a) the date of election;
1908	1874		1808 (b) the hours during which the polls will be open;
1909	1875		1809 (c) the polling places for each voting precinct, early voting polling place, and election
1910		-	1810day voting center; H.B. 448
1911		-	Enrolled Copy
1912		-	- 68 -
	1876	+	1810day voting center;
1913	1877		1811 (d) the address of the Statewide Electronic Voter Information Website and, if available,
1914	1878		1812the address of the election officer's website, with a statement indicating that the election officer
1915	1879		1813will post on the website any changes to the location of a polling place and the location of any
1916	1880		1814additional polling place;
1917	1881		1815 (e) a phone number that a voter may call to obtain information regarding the location of
1918	1882		1816a polling place; [and]
1919	1883		1817 (f) the qualifications for persons to vote in the election[.]; and
1920	1884		1818 (g) instructions regarding how an individual with a disability, who is not able to vote a
1921	1885		1819manual ballot by mail, may obtain information on voting in an accessible manner.
1922	1886		1820 (5) The election officer shall provide the notice described in Subsection (4):
1923	1887		1821 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
1924	1888		1822to which the election pertains, at least two days before the day of the election;
1925		-	1823 (ii) at least two days before the day of the election, by posting one notice, and at least
	1889	+	1823 (ii) at least two days before the day of the election, by posting one notice, and at least 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1890	+	- 60 -
1926	1891		1824one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
1927	1892		1825that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
1928	1893		1826maximum of 10 notices; or
1929	1894		1827 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
1930	1895		1828which the election pertains at least five days before the day of the election;
1931	1896		1829 (b) by posting notice on the Utah Public Notice Website, created in Section
1932	1897		183063A-16-601, for two days before the day of the election; and
1933	1898		1831 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
1934	1899		1832two days before the day of the election.
1935	1900		1833 (6) Instead of including the information described in Subsection (4) in the notice, the
1936	1901		1834election officer may give printed notice that:
1937	1902		1835 (a) is entitled "Notice of Election";
1938	1903		1836 (b) includes the following: "A [indicate election type] will be held in [indicate the
1939		-	1837jurisdiction] on [indicate date of election]. Information relating to the election, including Enrolled Copy H.B. 448
1940		-	- 69 -
	1904	+	1837jurisdiction] on [indicate date of election]. Information relating to the election, including
1941	1905		1838polling places, polling place hours, and qualifications of voters may be obtained from the
1942	1906		1839following sources:"; and
1943	1907		1840 (c) specifies the following sources where an individual may view or obtain the
1944	1908		1841information described in Subsection (4):
1945	1909		1842 (i) if the jurisdiction has a website, the jurisdiction's website;
1946	1910		1843 (ii) the physical address of the jurisdiction offices; and
1947	1911		1844 (iii) a mailing address and telephone number.
1948	1912		1845 Section 29. Section 20A-5-403.5 is amended to read:
1949	1913		1846 20A-5-403.5. Ballot drop boxes.
1950	1914		1847 (1) (a) An election officer:
1951	1915		1848 [(a)] (i) shall designate at least one ballot drop box in each municipality and
1952	1916		1849reservation located in the jurisdiction to which the election relates;
1953	1917		1850 [(b)] (ii) may designate additional ballot drop boxes for the election officer's
1954	1918		1851jurisdiction;
1955	1919		1852 [(c)] (iii) shall clearly mark each ballot drop box as an official ballot drop box for the
1956	1920		1853election officer's jurisdiction;
1957		-	1854 [(d)] (iv) shall provide 24-hour recorded video surveillance, without audio, of each
	1921	+	1854 [(d)] (iv) shall provide 24-hour recorded video surveillance, without audio, of each 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1922	+	- 61 -
1958	1923		1855unattended ballot drop box; [and]
1959	1924		1856 [(e)] (v) shall post a sign on or near each unattended ballot drop box indicating that the
1960	1925		1857ballot drop box is under 24-hour video surveillance[.]; and
1961	1926		1858 (vi) shall ensure that a camera, a video, or a recording of a video described in
1962	1927		1859Subsection (1)(a)(iv) may only be accessed:
1963	1928		1860 (A) by the election officer;
1964	1929		1861 (B) by a custodian of the camera, video, or recording;
1965	1930		1862 (C) by the lieutenant governor;
1966	1931		1863 (D) by the legislative auditor general, when performing an audit; or
1967		-	1864 (E) by, or pursuant to an order of, a court of competent jurisdiction. H.B. 448
1968		-	Enrolled Copy
1969		-	- 70 -
	1932	+	1864 (E) by, or pursuant to an order of, a court of competent jurisdiction.
1970	1933		1865 (b) An individual may not view a video, or a recording of a video, described in
1971	1934		1866Subsection (1)(a)(iv), unless the individual:
1972	1935		1867 (i) is an individual described in Subsection (1)(a)(vi); and
1973	1936		1868 (ii) views the video to the extent necessary to:
1974	1937		1869 (A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
1975	1938		1870 (B) investigate a concern relating to ballots or the ballot box.
1976	1939		1871 (c) The election officer, or the custodian of the recording, shall keep a recording
1977	1940		1872described in Subsection (1)(a)(iv) until the later of:
1978	1941		1873 (i) the end of the calendar year in which the election was held; or
1979	1942		1874 (ii) if the election is contested, when the contest is resolved.
1980	1943		1875 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
1981	1944		1876shall, at least 19 days before the date of the election, provide notice of the location of each
1982	1945		1877ballot drop box designated under Subsection (1):
1983	1946		1878 (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
1984	1947		1879the jurisdiction holding the election;
1985	1948		1880 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
1986	1949		1881jurisdiction holding the election, in places within the jurisdiction that are most likely to give
1987	1950		1882notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
1988	1951		1883 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
1989	1952		1884 (b) by posting notice on the Utah Public Notice Website, created in Section
1990		-	188563A-16-601, for 19 days before the day of the election; and
	1953	+	188563A-16-601, for 19 days before the day of the election; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	1954	+	- 62 -
1991	1955		1886 (c) by posting notice on the jurisdiction's website for 19 days before the day of the
1992	1956		1887election.
1993	1957		1888 (3) Instead of including the location of ballot drop boxes, a notice required under
1994	1958		1889Subsection (2) may specify the following sources where a voter may view or obtain a copy of
1995	1959		1890all ballot drop box locations:
1996		-	1891 (a) the jurisdiction's website; Enrolled Copy H.B. 448
1997		-	- 71 -
	1960	+	1891 (a) the jurisdiction's website;
1998	1961		1892 (b) the physical address of the jurisdiction's offices; and
1999	1962		1893 (c) a mailing address and telephone number.
2000	1963		1894 (4) The election officer shall include in the notice described in Subsection (2):
2001	1964		1895 (a) the address of the Statewide Electronic Voter Information Website and, if available,
2002	1965		1896the address of the election officer's website, with a statement indicating that the election officer
2003	1966		1897will post on the website the location of each ballot drop box, including any changes to the
2004	1967		1898location of a ballot drop box and the location of additional ballot drop boxes; and
2005	1968		1899 (b) a phone number that a voter may call to obtain information regarding the location
2006	1969		1900of a ballot drop box.
2007	1970		1901 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
2008	1971		1902deadline described in Subsection (2):
2009	1972		1903 (i) if necessary, change the location of a ballot drop box; or
2010	1973		1904 (ii) if the election officer determines that the number of ballot drop boxes is
2011	1974		1905insufficient due to the number of registered voters who are voting, designate additional ballot
2012	1975		1906drop boxes.
2013	1976		1907 (b) Except as provided in Section 20A-1-308, if an election officer changes the
2014	1977		1908location of a ballot box or designates an additional ballot drop box location, the election officer
2015	1978		1909shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
2016	1979		1910the additional ballot drop box location:
2017	1980		1911 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
2018	1981		1912 (ii) by posting the information on the website of the election officer, if available; and
2019	1982		1913 (iii) by posting notice:
2020	1983		1914 (A) for a change in the location of a ballot drop box, at the new location and, if
2021	1984		1915possible, the old location; and
2022		-	1916 (B) for an additional ballot drop box location, at the additional ballot drop box
	1985	+	1916 (B) for an additional ballot drop box location, at the additional ballot drop box 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	1986	+	- 63 -
2023	1987		1917location.
2024		-	1918 (6) An election officer may, at any time, authorize two or more poll workers to remove H.B. 448
2025		-	Enrolled Copy
2026		-	- 72 -
	1988	+	1918 (6) An election officer may, at any time, authorize two or more poll workers to remove
2027	1989		1919a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
2028	1990		1920 (7) (a) At least two poll workers must be present when a poll worker collects ballots
2029	1991		1921from a ballot drop box and delivers the ballots to the location where the ballots will be opened
2030	1992		1922and counted.
2031	1993		1923 (b) An election officer shall ensure that the chain of custody of ballots placed in a
2032	1994		1924ballot box are recorded and tracked from the time the ballots are removed from the ballot box
2033	1995		1925until the ballots are delivered to the location where the ballots will be opened and counted.
2034	1996		1926 Section 30. Section 53-18-103 is amended to read:
2035	1997		1927 53-18-103. Internet posting of personal information of public safety employees --
2036	1998		1928Prohibitions.
2037	1999		1929 (1) (a) A state or local governmental agency that receives the form described in
2038	2000		1930Subsection (1)(b) from a public safety employee may not publicly post on the Internet the
2039	2001		1931personal information of the public safety employee employed by the state or local
2040	2002		1932governmental agency.
2041	2003		1933 (b) Each state or local government agency employing a public safety employee shall:
2042	2004		1934 (i) provide a form for a public safety employee to request the removal or concealment
2043	2005		1935of the public safety employee's personal information from the state or local government
2044	2006		1936agencies' publicly accessible websites and databases;
2045	2007		1937 (ii) inform the public safety employee how to submit a form under this section;
2046	2008		1938 (iii) upon request, assist a public safety employee in completing the form;
2047	2009		1939 (iv) include on the form a disclaimer informing the public safety employee that by
2048	2010		1940submitting a completed form the public safety employee may not receive official
2049	2011		1941announcements affecting the public safety employee's property, including notices about
2050	2012		1942proposed annexations, incorporation, or zoning modifications; and
2051	2013		1943 (v) require a form submitted by a public safety employee to be signed by:
2052	2014		1944 (A) for a public safety employee who is a law enforcement officer, the highest ranking
2053		-	1945elected or appointed official in the officer's chain of command certifying that the individual Enrolled Copy H.B. 448
2054		-	- 73 -
	2015	+	1945elected or appointed official in the officer's chain of command certifying that the individual
2055	2016		1946requesting removal or concealment is a law enforcement officer; or
2056		-	1947 (B) for a public safety employee who is not a law enforcement officer, the public safety
	2017	+	1947 (B) for a public safety employee who is not a law enforcement officer, the public safety 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	2018	+	- 64 -
2057	2019		1948employee's supervisor.
2058	2020		1949 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a
2059	2021		1950public safety employee, completed and submitted under this section, shall:
2060	2022		1951 (a) classify the public safety employee's voter registration record in the [lieutenant
2061	2023		1952governor's statewide voter registration database developed under Section 20A-2-109] system,
2062	2024		1953as defined in Section 20A-2-501, as a private record; and
2063	2025		1954 (b) classify the public safety employee's marriage licenses and marriage license
2064	2026		1955applications, if any, as private records.
2065	2027		1956 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
2066	2028		1957described in Subsection (1)(b) from a public safety employee, completed and submitted under
2067	2029		1958this section, shall:
2068	2030		1959 (a) provide a method for the assessment roll and index and the tax roll and index that
2069	2031		1960will block public access to the public safety employee's personal information; and
2070	2032		1961 (b) provide to the public safety employee who submits the form a written disclaimer
2071	2033		1962informing the public safety employee that the public safety employee may not receive official
2072	2034		1963announcements affecting the public safety employee's property, including notices about
2073	2035		1964proposed annexations, incorporations, or zoning modifications.
2074	2036		1965 (4) A form submitted under this section remains in effect for the shorter of:
2075	2037		1966 (a) four years from the date on which the form was signed by the public safety
2076	2038		1967employee, regardless of whether the public safety employee's qualifying employment is
2077	2039		1968terminated during the four years; or
2078	2040		1969 (b) one year after official notice of the public safety employee's death is transmitted by
2079	2041		1970the public safety employee's immediate family or the public safety employee's employing
2080	2042		1971agency to all state and local government agencies that are reasonably expected to have records
2081		-	1972containing personal information of the deceased public safety employee. H.B. 448
2082		-	Enrolled Copy
2083		-	- 74 -
	2043	+	1972containing personal information of the deceased public safety employee.
2084	2044		1973 (5) Notwithstanding Subsection (4), the public safety employee, or the public safety
2085	2045		1974employee's immediate family if the public safety employee is deceased, may rescind the form at
2086	2046		1975any time.
2087	2047		1976 (6) (a) An individual may not, with intent to frighten or harass a public safety
2088	2048		1977employee, publicly post on the Internet the personal information of a public safety employee
2089		-	1978knowing the public safety employee is a public safety employee.
	2049	+	1978knowing the public safety employee is a public safety employee. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	2050	+	- 65 -
2090	2051		1979 (b) Except as provided in Subsection (6)(c), a violation of Subsection (6)(a) is a class B
2091	2052		1980misdemeanor.
2092	2053		1981 (c) A violation of Subsection (6)(a) that results in bodily injury to the public safety
2093	2054		1982employee, or a member of the public safety employee's immediate family, is a class A
2094	2055		1983misdemeanor.
2095	2056		1984 (d) (i) Each act against a separate individual in violation of Subsection (6)(a) is a
2096	2057		1985separate offense.
2097	2058		1986 (ii) A defendant may also be charged separately with the commission of any other
2098	2059		1987criminal conduct related to the commission of an offense under Subsection (6)(a).
2099	2060		1988 (7) (a) A business or association may not publicly post or publicly display on the
2100	2061		1989Internet the personal information of a public safety employee if the public safety employee has,
2101	2062		1990either directly or through an agent designated under Subsection (7)(c), provided to that business
2102	2063		1991or association a written demand to not disclose the public safety employee's personal
2103	2064		1992information.
2104	2065		1993 (b) A written demand made under Subsection (7)(a) by a public safety employee is
2105	2066		1994effective for four years beginning on the day the demand is delivered, regardless of whether the
2106	2067		1995public safety employee's employment as a public safety employee has terminated during the
2107	2068		1996four years.
2108	2069		1997 (c) A public safety employee may designate in writing the public safety employee's
2109	2070		1998employer or, for a public safety employee who is a law enforcement officer, a representative of
2110		-	1999a voluntary professional association of law enforcement officers to act on behalf of the officer Enrolled Copy H.B. 448
2111		-	- 75 -
	2071	+	1999a voluntary professional association of law enforcement officers to act on behalf of the officer
2112	2072		2000and as the officer's agent to make a written demand under this chapter.
2113	2073		2001 (d) (i) A business or association that receives a written demand from a public safety
2114	2074		2002employee under Subsection (7)(a) shall remove the public safety employee's personal
2115	2075		2003information from public display on the Internet, including the removal of information provided
2116	2076		2004to cellular telephone applications, within 24 hours of the delivery of the written demand, and
2117	2077		2005shall ensure that the information is not posted again on the same Internet website or any other
2118	2078		2006Internet website over which the recipient of the written demand maintains or exercises control.
2119	2079		2007 (ii) After receiving the public safety employee's written demand, the person, business,
2120	2080		2008or association may not publicly post or publicly display on the Internet, the personal
2121		-	2009information of the public safety employee.
	2081	+	2009information of the public safety employee. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	2082	+	- 66 -
2122	2083		2010 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
2123	2084		2011Section 54-2-1, or the telephone corporation's affiliate or other voice service provider,
2124	2085		2012including providers of interconnected voice over Internet protocol service as defined in 47
2125	2086		2013C.F.R. 9.3, from transferring the public safety employee's personal information to any person,
2126	2087		2014business, or association, if the transfer is authorized by federal or state law, regulation, order,
2127	2088		2015terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt
2128	2089		2016owed by the public safety employee to the telephone corporation or its affiliate.
2129	2090		2017 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
2130	2091		2018service provider, including providers of interconnected voice over Internet protocol service,
2131	2092		2019with respect to directories or directories listings to the extent the entity offers a nonpublished
2132	2093		2020listing option.
2133	2094		2021 (8) (a) A public safety employee whose personal information is made public as a result
2134	2095		2022of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a
2135	2096		2023court of competent jurisdiction.
2136	2097		2024 (b) If a court finds that a violation has occurred, the court may grant injunctive or
2137	2098		2025declarative relief and shall award the public safety employee court costs and reasonable
2138		-	2026attorney fees. H.B. 448
2139		-	Enrolled Copy
2140		-	- 76 -
	2099	+	2026attorney fees.
2141	2100		2027 (c) If the defendant fails to comply with an order of the court issued under Subsection
2142	2101		2028(8)(b), the court may impose a civil penalty of not more than $1,000 for the defendant's failure
2143	2102		2029to comply with the court's order.
2144	2103		2030 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
2145	2104		2031the personal information of a public safety employee, if:
2146	2105		2032 (i) the dissemination of the personal information poses an imminent and serious threat
2147	2106		2033to the public safety employee's safety or the safety of the public safety employee's immediate
2148	2107		2034family; and
2149	2108		2035 (ii) the person making the information available on the Internet knows or reasonably
2150	2109		2036should know of the imminent and serious threat.
2151	2110		2037 (b) (i) A public safety employee whose personal information is knowingly publicly
2152	2111		2038posted or publicly displayed on the Internet may bring an action in a court of competent
2153	2112		2039jurisdiction.
2154		-	2040 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
	2113	+	2040 (ii) If a jury or court finds that a defendant has committed a violation of Subsection 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	2114	+	- 67 -
2155	2115		2041(9)(a), the jury or court shall award damages to the public safety employee in the amount of
2156	2116		2042triple the cost of actual damages or $4,000, whichever is greater.
2157	2117		2043 (10) An interactive computer service or access software is not liable under Subsections
2158	2118		2044(7)(d)(i) and (9) for information or content provided by another information content provider.
2159	2119		2045 (11) Unless a state or local government agency receives a completed form directly from
2160	2120		2046a public safety employee in accordance with Subsection (1), a state or local government official
2161	2121		2047who makes information available for public inspection in accordance with state law is not in
2162	2122		2048violation of this chapter.
2163	2123		2049 Section 31. Section 67-1a-2 is amended to read:
2164	2124		2050 67-1a-2. Duties enumerated.
2165	2125		2051 (1) The lieutenant governor shall:
2166	2126		2052 (a) perform duties delegated by the governor, including assignments to serve in any of
2167		-	2053the following capacities: Enrolled Copy H.B. 448
2168		-	- 77 -
	2127	+	2053the following capacities:
2169	2128		2054 (i) as the head of any one department, if so qualified, with the advice and consent of
2170	2129		2055the Senate, and, upon appointment at the pleasure of the governor and without additional
2171	2130		2056compensation;
2172	2131		2057 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
2173	2132		2058law for the purpose of advising the governor or coordinating intergovernmental or
2174	2133		2059interdepartmental policies or programs;
2175	2134		2060 (iii) as liaison between the governor and the state Legislature to coordinate and
2176	2135		2061facilitate the governor's programs and budget requests;
2177	2136		2062 (iv) as liaison between the governor and other officials of local, state, federal, and
2178	2137		2063international governments or any other political entities to coordinate, facilitate, and protect the
2179	2138		2064interests of the state;
2180	2139		2065 (v) as personal advisor to the governor, including advice on policies, programs,
2181	2140		2066administrative and personnel matters, and fiscal or budgetary matters; and
2182	2141		2067 (vi) as chairperson or member of any temporary or permanent boards, councils,
2183	2142		2068commissions, committees, task forces, or other group appointed by the governor;
2184	2143		2069 (b) serve on all boards and commissions in lieu of the governor, whenever so
2185	2144		2070designated by the governor;
2186		-	2071 (c) serve as the chief election officer of the state as required by Subsection (2);
	2145	+	2071 (c) serve as the chief election officer of the state as required by Subsection (2); 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	2146	+	- 68 -
2187	2147		2072 (d) keep custody of the Great Seal of the State of Utah;
2188	2148		2073 (e) keep a register of, and attest, the official acts of the governor;
2189	2149		2074 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
2190	2150		2075which the official signature of the governor is required; and
2191	2151		2076 (g) furnish a certified copy of all or any part of any law, record, or other instrument
2192	2152		2077filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
2193	2153		2078it and pays the fee.
2194	2154		2079 (2) (a) As the chief election officer, the lieutenant governor shall:
2195		-	2080 (i) exercise oversight, and general supervisory authority, over all elections; H.B. 448
2196		-	Enrolled Copy
2197		-	- 78 -
	2155	+	2080 (i) exercise oversight, and general supervisory authority, over all elections;
2198	2156		2081 (ii) exercise direct authority over the conduct of elections for federal, state, and
2199	2157		2082multicounty officers and statewide or multicounty ballot propositions and any recounts
2200	2158		2083involving those races;
2201	2159		2084 (iii) [assist county clerks in unifying] establish uniformity in the election ballot;
2202	2160		2085 (iv) (A) prepare election information for the public as required by [statute] law and as
2203	2161		2086determined appropriate by the lieutenant governor; and
2204	2162		2087 (B) make the information [under] described in Subsection (2)(a)(iv)(A) available to the
2205	2163		2088public and to news media, on the Internet, and in other forms as required by [statute or] law
2206	2164		2089and as determined appropriate by the lieutenant governor;
2207	2165		2090 (v) receive and answer election questions and maintain an election file on opinions
2208	2166		2091received from the attorney general;
2209	2167		2092 (vi) maintain a current list of registered political parties as defined in Section
2210	2168		209320A-8-101;
2211	2169		2094 (vii) maintain election returns and statistics;
2212	2170		2095 (viii) certify to the governor the names of [those persons who have received the highest
2213	2171		2096number of votes for any] individuals nominated to run for, or elected to, office;
2214	2172		2097 (ix) ensure that all voting equipment purchased by the state complies with the
2215	2173		2098requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
2216	2174		2099 (x) during a declared emergency, to the extent that the lieutenant governor determines
2217	2175		2100it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
2218	2176		2101relating to:
2219		-	2102 (A) voting on election day;
	2177	+	2102 (A) voting on election day; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	2178	+	- 69 -
2220	2179		2103 (B) early voting;
2221	2180		2104 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
2222	2181		2105 (D) the counting of an absentee ballot or military-overseas ballot; or
2223	2182		2106 (E) the canvassing of election returns; and
2224		-	2107 (xi) exercise all other election authority, and perform other election duties, as provided Enrolled Copy H.B. 448
2225		-	- 79 -
	2183	+	2107 (xi) exercise all other election authority, and perform other election duties, as provided
2226	2184		2108in Title 20A, Election Code.
2227	2185		2109 (b) As chief election officer, the lieutenant governor:
2228	2186		2110 (i) shall oversee all elections, and functions relating to elections, in the state;
2229	2187		2111 (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
2230	2188		2112an election officer with legal requirements relating to elections; and
2231	2189		2113 (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
2232	2190		2114town clerks, or other local election officials by Title 20A, Election Code.
2233	2191		2115 (3) (a) The lieutenant governor shall:
2234	2192		2116 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
2235	2193		2117incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
2236	2194		2118municipality's population using the population estimate from the Utah Population Committee;
2237	2195		2119and
2238	2196		2120 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
2239	2197		2121based on the municipality's population; and
2240	2198		2122 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2241	2199		2123municipality's legislative body.
2242	2200		2124 (b) The lieutenant governor shall:
2243	2201		2125 (i) determine the classification under Section 10-2-301 of a consolidated municipality
2244	2202		2126upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
2245	2203		2127Consolidation of Municipalities, using population information from:
2246	2204		2128 (A) each official census or census estimate of the United States Bureau of the Census;
2247	2205		2129or
2248	2206		2130 (B) the population estimate from the Utah Population Committee, if the population of a
2249	2207		2131municipality is not available from the United States Bureau of the Census; and
2250	2208		2132 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
2251		-	2133belongs based on the municipality's population; and
2252		-	2134 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the H.B. 448
2253		-	Enrolled Copy
2254		-	- 80 -
	2209	+	2133belongs based on the municipality's population; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
	2210	+	- 70 -
	2211	+	2134 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2255	2212		2135consolidated municipality's legislative body.
2256	2213		2136 (c) The lieutenant governor shall:
2257	2214		2137 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
2258	2215		2138metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
2259	2216		2139Townships and Unincorporated Islands in a County of the First Class on and after May 12,
2260	2217		21402015, based on the metro township's population using the population estimates from the Utah
2261	2218		2141Population Committee; and
2262	2219		2142 (ii) prepare a certificate indicating the class in which the new metro township belongs
2263	2220		2143based on the metro township's population and, within 10 days after preparing the certificate,
2264	2221		2144deliver a copy of the certificate to the metro township's legislative body.
2265	2222		2145 (d) The lieutenant governor shall monitor the population of each municipality using
2266	2223		2146population information from:
2267	2224		2147 (i) each official census or census estimate of the United States Bureau of the Census; or
2268	2225		2148 (ii) the population estimate from the Utah Population Committee, if the population of a
2269	2226		2149municipality is not available from the United States Bureau of the Census.
2270	2227		2150 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2271	2228		2151municipality's population has increased beyond the population for its current class, the
2272	2229		2152lieutenant governor shall:
2273	2230		2153 (i) prepare a certificate indicating the class in which the municipality belongs based on
2274	2231		2154the increased population figure; and
2275	2232		2155 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2276	2233		2156legislative body of the municipality whose class has changed.
2277	2234		2157 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
2278	2235		2158municipality's population has decreased below the population for its current class, the
2279	2236		2159lieutenant governor shall send written notification of that fact to the municipality's legislative
2280	2237		2160body.
2281		-	2161 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose Enrolled Copy H.B. 448
2282		-	- 81 -
	2238	+	2161 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
2283	2239		2162population has decreased below the population for its current class, the lieutenant governor
2284	2240		2163shall:
2285		-	2164 (A) prepare a certificate indicating the class in which the municipality belongs based
	2241	+	2164 (A) prepare a certificate indicating the class in which the municipality belongs based 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
	2242	+	- 71 -
2286	2243		2165on the decreased population figure; and
2287	2244		2166 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
2288	2245		2167legislative body of the municipality whose class has changed.
2289	2246		2168 Section 32. Repealer.
2290	2247		2169 This bill repeals:
2291	2248		2170 Section 20A-1-101, Title.
2292	2249		2171 Section 33. Appropriation.
2293	2250		2172 The following sums of money are appropriated for the fiscal year beginning July 1,
2294	2251		21732023, and ending June 30, 2024. These are additions to amounts previously appropriated for
2295	2252		2174fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
2296	2253		2175Act, the Legislature appropriates the following sums of money from the funds or accounts
2297	2254		2176indicated for the use and support of the government of the state of Utah.
2298	2255		2177ITEM 1
2299	2256		2178To Governor's Office
2300	2257		2179 From General Fund 860,000
2301	2258		2180 From General Fund, One-Time 730,000
2302	2259		2181 Schedule of Programs:
2303	2260		2182 Lt. Governor's Office 1,590,000
2304	2261		2183 The Legislature intends that:
2305	2262		2184 (1) under Section 63J-1-603, up to $250,000 of the money appropriated to the
2306	2263		2185Governor's Office in Item 1 of 2022 Laws of Utah, Chapter 156, not lapse at the end of Fiscal
2307	2264		2186Year 2023; and
2308	2265		2187 (2) on or after July 1, 2023, the lieutenant governor may use the nonlapsing funds
2309		-	2188described in Subsection (1) to assist political subdivisions with election security costs, H.B. 448
2310		-	Enrolled Copy
2311		-	- 82 -
	2266	+	2188described in Subsection (1) to assist political subdivisions with election security costs,
2312	2267		2189including the expanded video surveillance described in this bill.