2 | 8 | | 1 ELECTION CHANGES |
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3 | 9 | | 2 2023 GENERAL SESSION |
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4 | 10 | | 3 STATE OF UTAH |
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5 | 11 | | 4 Chief Sponsor: A. Cory Maloy |
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6 | 12 | | 5 Senate Sponsor: Michael S. Kennedy |
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7 | 13 | | 6 |
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8 | 14 | | 7LONG TITLE |
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9 | 15 | | 8General Description: |
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10 | 16 | | 9 This bill amends provisions of the Election Code and the authority of the lieutenant |
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11 | 17 | | 10governor over elections. |
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12 | 18 | | 11Highlighted Provisions: |
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13 | 19 | | 12 This bill: |
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14 | 20 | | 13 <defines terms; |
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15 | 21 | | 14 <modifies and describes the supervisory and oversight authority of the lieutenant |
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16 | 22 | | 15governor over elections; |
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17 | 23 | | 16 <describes the duties of a clerk in relation to elections; |
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18 | 24 | | 17 <provides the lieutenant governor with access to records, facilities, equipment, staff, |
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19 | 25 | | 18and meetings to assist the lieutenant governor in fulfilling the supervisory and |
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20 | 26 | | 19oversight authority described above; |
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21 | 27 | | 20 <provides a process and method for the lieutenant governor to enforce compliance |
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22 | 28 | | 21with the provisions of election law; |
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23 | 29 | | 22 <requires the lieutenant governor to provide, and certain election administrators and |
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24 | 30 | | 23employees to complete, training relating to conducting elections; |
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25 | 31 | | 24 <addresses requirements for audits of election processes; |
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26 | 32 | | 25 <modifies publication dates for certain ballot statistics; |
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32 | 38 | | 29 Caudits; |
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33 | 39 | | 30 Cmaintaining and updating the statewide voter registration system and database; |
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34 | 40 | | 31 Cconducting elections; |
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35 | 41 | | 32 Csignature comparison and verification; |
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36 | 42 | | 33 Calternative methods of identity verification; and |
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37 | 43 | | 34 Cchain of custody and ballot reconciliation; |
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38 | 44 | | 35 <modifies provisions relating to the statewide voter registration system and database, |
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39 | 45 | | 36including requirements relating to maintenance and updates; |
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40 | 46 | | 37 <establishes requirements to ensure accessibility of the election system in relation to |
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41 | 47 | | 38a person with a disability; |
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42 | 48 | | 39 <modifies ballot curing requirements; |
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43 | 49 | | 40 <enacts ballot chain of custody and reconciliation requirements; |
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44 | 50 | | 41 <establishes requirements relating to election records and election security; |
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45 | 51 | | 42 <requires uniformity of certain election processes and records; and |
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46 | 52 | | 43 <makes technical and conforming changes. |
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47 | 53 | | 44Money Appropriated in this Bill: |
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48 | 54 | | 45 This bill appropriates in fiscal year 2024: |
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49 | 55 | | 46 <to the Governor's Office – Lt. Governor's Office, as an ongoing appropriation: |
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50 | 56 | | 47 Cfrom the General Fund, $860,000; and |
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51 | 57 | | 48 <to the Governor's Office – Lt. Governor's Office, as a one-time appropriation: |
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52 | 58 | | 49 Cfrom the General Fund, $730,000. |
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53 | 59 | | 50Other Special Clauses: |
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54 | 60 | | 51 None |
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55 | 61 | | 52Utah Code Sections Affected: |
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56 | 62 | | 53AMENDS: |
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57 | 63 | | 54 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170 |
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61 | 67 | | 57 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156 |
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62 | 68 | | 58 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392 |
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63 | 69 | | 59 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100 |
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64 | 70 | | 60 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380 |
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65 | 71 | | 61 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342 |
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66 | 72 | | 62 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380 |
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67 | 73 | | 63 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31 |
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68 | 74 | | 64 20A-4-202, as last amended by Laws of Utah 2022, Chapter 156 |
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69 | 75 | | 65 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342 |
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70 | 76 | | 66 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15 |
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71 | 77 | | 67 20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156 |
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72 | 78 | | 68 53-18-103, as last amended by Laws of Utah 2022, Chapter 367 |
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73 | 79 | | 69 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18 |
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74 | 80 | | 70ENACTS: |
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75 | 81 | | 71 20A-1-105, Utah Code Annotated 1953 |
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76 | 82 | | 72 20A-1-106, Utah Code Annotated 1953 |
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77 | 83 | | 73 20A-1-107, Utah Code Annotated 1953 |
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78 | 84 | | 74 20A-1-108, Utah Code Annotated 1953 |
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79 | 85 | | 75 20A-2-501, Utah Code Annotated 1953 |
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80 | 86 | | 76 20A-2-507, Utah Code Annotated 1953 |
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81 | 87 | | 77 20A-3a-106, Utah Code Annotated 1953 |
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82 | 88 | | 78 20A-3a-401.1, Utah Code Annotated 1953 |
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83 | 89 | | 79 20A-3a-402.5, Utah Code Annotated 1953 |
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84 | 90 | | 80 20A-4-109, Utah Code Annotated 1953 |
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85 | 91 | | 81RENUMBERS AND AMENDS: |
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94 | 99 | | 88 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022, |
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95 | 100 | | 89Chapter 121) |
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96 | 101 | | 90 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022, |
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97 | 102 | | 91Chapter 156) |
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98 | 103 | | 92REPEALS: |
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99 | 104 | | 93 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1 |
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100 | 105 | | 94 |
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101 | 106 | | 95Be it enacted by the Legislature of the state of Utah: |
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102 | 107 | | 96 Section 1. Section 20A-1-102 is amended to read: |
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103 | 108 | | 97 20A-1-102. Definitions. |
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104 | 109 | | 98 As used in this title: |
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105 | 110 | | 99 (1) "Active voter" means a registered voter who has not been classified as an inactive |
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106 | 111 | | 100voter by the county clerk. |
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107 | 112 | | 101 (2) "Automatic tabulating equipment" means apparatus that automatically examines |
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108 | 113 | | 102and counts votes recorded on ballots and tabulates the results. |
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109 | 114 | | 103 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic |
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110 | 115 | | 104storage medium, that records an individual voter's vote. |
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111 | 116 | | 105 (b) "Ballot" does not include a record to tally multiple votes. |
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112 | 117 | | 106 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters |
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113 | 118 | | 107on the ballot for their approval or rejection including: |
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114 | 119 | | 108 (a) an opinion question specifically authorized by the Legislature; |
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126 | 131 | | 119 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and |
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127 | 132 | | 12020A-4-306 to canvass election returns. |
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128 | 133 | | 121 (7) "Bond election" means an election held for the purpose of approving or rejecting |
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129 | 134 | | 122the proposed issuance of bonds by a government entity. |
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130 | 135 | | 123 (8) "Business reply mail envelope" means an envelope that may be mailed free of |
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131 | 136 | | 124charge by the sender. |
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132 | 137 | | 125 (9) "Canvass" means the review of election returns and the official declaration of |
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133 | 138 | | 126election results by the board of canvassers. |
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134 | 139 | | 127 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at |
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135 | 140 | | 128the canvass. |
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136 | 141 | | 129 (11) "Contracting election officer" means an election officer who enters into a contract |
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137 | 142 | | 130or interlocal agreement with a provider election officer. |
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138 | 143 | | 131 (12) "Convention" means the political party convention at which party officers and |
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139 | 144 | | 132delegates are selected. |
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140 | 145 | | 133 (13) "Counting center" means one or more locations selected by the election officer in |
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141 | 146 | | 134charge of the election for the automatic counting of ballots. |
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142 | 147 | | 135 (14) "Counting judge" means a poll worker designated to count the ballots during |
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146 | 149 | | 137 (15) "Counting room" means a suitable and convenient private place or room for use |
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147 | 150 | | 138by the poll workers and counting judges to count ballots. |
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148 | 151 | | 139 (16) "County officers" means those county officers that are required by law to be |
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149 | 152 | | 140elected. |
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150 | 153 | | 141 (17) "Date of the election" or "election day" or "day of the election": |
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151 | 154 | | 142 (a) means the day that is specified in the calendar year as the day that the election |
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152 | 155 | | 143occurs; and |
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153 | 156 | | 144 (b) does not include: |
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154 | 157 | | 145 (i) deadlines established for voting by mail, military-overseas voting, or emergency |
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155 | 158 | | 146voting; or |
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156 | 159 | | 147 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early |
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157 | 160 | | 148Voting. |
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159 | 163 | | 150 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6, |
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160 | 164 | | 151Municipal Alternate Voting Methods Pilot Project; |
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161 | 165 | | 152 (b) a person who is considered to be elected to a municipal office in accordance with |
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162 | 166 | | 153Subsection 20A-1-206(1)(c)(ii); or |
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163 | 167 | | 154 (c) a person who is considered to be elected to a local district office in accordance with |
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164 | 168 | | 155Subsection 20A-1-206(3)(b)(ii). |
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165 | 169 | | 156 (19) "Election" means a regular general election, a municipal general election, a |
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166 | 170 | | 157statewide special election, a local special election, a regular primary election, a municipal |
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167 | 171 | | 158primary election, and a local district election. |
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168 | 172 | | 159 (20) "Election Assistance Commission" means the commission established by the Help |
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169 | 173 | | 160America Vote Act of 2002, Pub. L. No. 107-252. |
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170 | 174 | | 161 (21) "Election cycle" means the period beginning on the first day persons are eligible to |
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171 | 175 | | 162file declarations of candidacy and ending when the canvass is completed. |
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174 | 177 | | 164 (a) preside over other poll workers at a polling place; |
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175 | 178 | | 165 (b) act as the presiding election judge; or |
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176 | 179 | | 166 (c) serve as a canvassing judge, counting judge, or receiving judge. |
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177 | 180 | | 167 (23) "Election officer" means: |
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178 | 181 | | 168 (a) the lieutenant governor, for all statewide ballots and elections; |
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179 | 182 | | 169 (b) the county clerk for: |
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180 | 183 | | 170 (i) a county ballot and election; and |
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181 | 184 | | 171 (ii) a ballot and election as a provider election officer as provided in Section |
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182 | 185 | | 17220A-5-400.1 or 20A-5-400.5; |
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183 | 186 | | 173 (c) the municipal clerk for: |
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184 | 187 | | 174 (i) a municipal ballot and election; and |
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185 | 188 | | 175 (ii) a ballot and election as a provider election officer as provided in Section |
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186 | 189 | | 17620A-5-400.1 or 20A-5-400.5; |
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187 | 190 | | 177 (d) the local district clerk or chief executive officer for: |
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188 | 191 | | 178 (i) a local district ballot and election; and |
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189 | 192 | | 179 (ii) a ballot and election as a provider election officer as provided in Section |
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191 | 195 | | 181 (e) the business administrator or superintendent of a school district for: |
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192 | 196 | | 182 (i) a school district ballot and election; and |
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193 | 197 | | 183 (ii) a ballot and election as a provider election officer as provided in Section |
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194 | 198 | | 18420A-5-400.1 or 20A-5-400.5. |
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195 | 199 | | 185 (24) "Election official" means any election officer, election judge, or poll worker. |
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196 | 200 | | 186 (25) "Election results" means: |
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197 | 201 | | 187 (a) for an election other than a bond election, the count of votes cast in the election and |
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198 | 202 | | 188the election returns requested by the board of canvassers; or |
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199 | 203 | | 189 (b) for bond elections, the count of those votes cast for and against the bond |
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203 | 205 | | 191 (26) "Election returns" includes: |
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204 | 206 | | 192 (a) the pollbook, the military and overseas absentee voter registration and voting |
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205 | 207 | | 193certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess |
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206 | 208 | | 194ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes |
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207 | 209 | | 195cast form; and |
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208 | 210 | | 196 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a |
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209 | 211 | | 197ballot. |
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210 | 212 | | 198 (27) "Electronic signature" means an electronic sound, symbol, or process attached to |
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211 | 213 | | 199or logically associated with a record and executed or adopted by a person with the intent to sign |
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212 | 214 | | 200the record. |
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213 | 215 | | 201 (28) "Inactive voter" means a registered voter who is listed as inactive by a county |
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214 | 216 | | 202clerk under Subsection [20A-2-306(4)(c)(i) or (ii)] 20A-2-505(4)(c)(i) or (ii). |
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215 | 217 | | 203 (29) "Judicial office" means the office filled by any judicial officer. |
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216 | 218 | | 204 (30) "Judicial officer" means any justice or judge of a court of record or any county |
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217 | 219 | | 205court judge. |
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218 | 220 | | 206 (31) "Local district" means a local government entity under Title 17B, Limited Purpose |
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219 | 221 | | 207Local Government Entities - Local Districts, and includes a special service district under Title |
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220 | 222 | | 20817D, Chapter 1, Special Service District Act. |
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221 | 223 | | 209 (32) "Local district officers" means those local district board members that are required |
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222 | 224 | | 210by law to be elected. |
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231 | 233 | | 218vote. |
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232 | 234 | | 219 (36) "Manual ballot" means a paper document produced by an election officer on |
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233 | 235 | | 220which an individual records an individual's vote by directly placing a mark on the paper |
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234 | 236 | | 221document using a pen or other marking instrument. |
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235 | 237 | | 222 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or |
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236 | 238 | | 223mechanical record, that: |
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237 | 239 | | 224 (a) is created via electronic or mechanical means; and |
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238 | 240 | | 225 (b) records an individual voter's vote cast via a method other than an individual directly |
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239 | 241 | | 226placing a mark, using a pen or other marking instrument, to record an individual voter's vote. |
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240 | 242 | | 227 (38) "Municipal executive" means: |
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241 | 243 | | 228 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102; |
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242 | 244 | | 229 (b) the mayor in the council-manager form of government defined in Subsection |
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243 | 245 | | 23010-3b-103(7); or |
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244 | 246 | | 231 (c) the [chair] mayor of a metro township form of government defined in Section |
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245 | 247 | | 23210-3b-102. |
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246 | 248 | | 233 (39) "Municipal general election" means the election held in municipalities and, as |
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247 | 249 | | 234applicable, local districts on the first Tuesday after the first Monday in November of each |
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248 | 250 | | 235odd-numbered year for the purposes established in Section 20A-1-202. |
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249 | 251 | | 236 (40) "Municipal legislative body" means: |
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250 | 252 | | 237 (a) the council of the city or town in any form of municipal government; or |
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251 | 253 | | 238 (b) the council of a metro township. |
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252 | 254 | | 239 (41) "Municipal office" means an elective office in a municipality. |
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253 | 255 | | 240 (42) "Municipal officers" means those municipal officers that are required by law to be |
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254 | 256 | | 241elected. |
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260 | 261 | | 245 (45) "Official ballot" means the ballots distributed by the election officer for voters to |
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261 | 262 | | 246record their votes. |
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262 | 263 | | 247 (46) "Official endorsement" means the information on the ballot that identifies: |
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263 | 264 | | 248 (a) the ballot as an official ballot; |
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264 | 265 | | 249 (b) the date of the election; and |
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265 | 266 | | 250 (c) (i) for a ballot prepared by an election officer other than a county clerk, the |
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266 | 267 | | 251facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or |
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267 | 268 | | 252 (ii) for a ballot prepared by a county clerk, the words required by Subsection |
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268 | 269 | | 25320A-6-301(1)(b)(iii). |
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269 | 270 | | 254 (47) "Official register" means the official record furnished to election officials by the |
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270 | 271 | | 255election officer that contains the information required by Section 20A-5-401. |
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271 | 272 | | 256 (48) "Political party" means an organization of registered voters that has qualified to |
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272 | 273 | | 257participate in an election by meeting the requirements of Chapter 8, Political Party Formation |
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273 | 274 | | 258and Procedures. |
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274 | 275 | | 259 (49) (a) "Poll worker" means a person assigned by an election official to assist with an |
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275 | 276 | | 260election, voting, or counting votes. |
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276 | 277 | | 261 (b) "Poll worker" includes election judges. |
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277 | 278 | | 262 (c) "Poll worker" does not include a watcher. |
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278 | 279 | | 263 (50) "Pollbook" means a record of the names of voters in the order that they appear to |
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279 | 280 | | 264cast votes. |
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280 | 281 | | 265 (51) "Polling place" means a building where voting is conducted. |
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281 | 282 | | 266 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot |
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282 | 283 | | 267in which the voter marks the voter's choice. |
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283 | 284 | | 268 (53) "Presidential Primary Election" means the election established in Chapter 9, Part |
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284 | 285 | | 2698, Presidential Primary Election. |
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285 | 286 | | 270 (54) "Primary convention" means the political party conventions held during the year |
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290 | 291 | | 274 (b) records the total number of movements of the operating lever. |
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291 | 292 | | 275 (56) "Provider election officer" means an election officer who enters into a contract or |
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292 | 293 | | 276interlocal agreement with a contracting election officer to conduct an election for the |
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293 | 294 | | 277contracting election officer's local political subdivision in accordance with Section |
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294 | 295 | | 27820A-5-400.1. |
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295 | 296 | | 279 (57) "Provisional ballot" means a ballot voted provisionally by a person: |
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296 | 297 | | 280 (a) whose name is not listed on the official register at the polling place; |
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297 | 298 | | 281 (b) whose legal right to vote is challenged as provided in this title; or |
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298 | 299 | | 282 (c) whose identity was not sufficiently established by a poll worker. |
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299 | 300 | | 283 (58) "Provisional ballot envelope" means an envelope printed in the form required by |
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300 | 301 | | 284Section 20A-6-105 that is used to identify provisional ballots and to provide information to |
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301 | 302 | | 285verify a person's legal right to vote. |
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302 | 303 | | 286 (59) (a) "Public figure" means an individual who, due to the individual being |
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303 | 304 | | 287considered for, holding, or having held a position of prominence in a public or private capacity, |
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304 | 305 | | 288or due to the individual's celebrity status, has an increased risk to the individual's safety. |
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305 | 306 | | 289 (b) "Public figure" does not include an individual: |
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306 | 307 | | 290 (i) elected to public office; or |
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307 | 308 | | 291 (ii) appointed to fill a vacancy in an elected public office. |
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308 | 309 | | 292 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the |
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309 | 310 | | 293duties of the position for which the individual was elected. |
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310 | 311 | | 294 (61) "Receiving judge" means the poll worker that checks the voter's name in the |
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311 | 312 | | 295official register at a polling place and provides the voter with a ballot. |
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312 | 313 | | 296 (62) "Registration form" means a form by which an individual may register to vote |
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313 | 314 | | 297under this title. |
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323 | 323 | | 305 (66) "Resident" means a person who resides within a specific voting precinct in Utah. |
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324 | 324 | | 306 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4), |
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325 | 325 | | 307provided to a voter with a manual ballot: |
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326 | 326 | | 308 (a) into which the voter places the manual ballot after the voter has voted the manual |
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327 | 327 | | 309ballot in order to preserve the secrecy of the voter's vote; and |
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328 | 328 | | 310 (b) that includes the voter affidavit and a place for the voter's signature. |
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329 | 329 | | 311 (68) "Sample ballot" means a mock ballot similar in form to the official ballot, |
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330 | 330 | | 312published as provided in Section 20A-5-405. |
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331 | 331 | | 313 (69) "Special election" means an election held as authorized by Section 20A-1-203. |
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332 | 332 | | 314 (70) "Spoiled ballot" means each ballot that: |
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333 | 333 | | 315 (a) is spoiled by the voter; |
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334 | 334 | | 316 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or |
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335 | 335 | | 317 (c) lacks the official endorsement. |
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336 | 336 | | 318 (71) "Statewide special election" means a special election called by the governor or the |
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337 | 337 | | 319Legislature in which all registered voters in Utah may vote. |
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338 | 338 | | 320 (72) "Tabulation system" means a device or system designed for the sole purpose of |
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339 | 339 | | 321tabulating votes cast by voters at an election. |
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340 | 340 | | 322 (73) "Ticket" means a list of: |
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341 | 341 | | 323 (a) political parties; |
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342 | 342 | | 324 (b) candidates for an office; or |
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355 | 355 | | 336 (A) the state; or |
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356 | 356 | | 337 (B) a branch, department, or agency of the United States; |
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357 | 357 | | 338 (iii) a currently valid Utah permit to carry a concealed weapon; |
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358 | 358 | | 339 (iv) a currently valid United States passport; or |
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359 | 359 | | 340 (v) a currently valid United States military identification card; |
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360 | 360 | | 341 (b) one of the following identification cards, whether or not the card includes a |
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361 | 361 | | 342photograph of the voter: |
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362 | 362 | | 343 (i) a valid tribal identification card; |
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363 | 363 | | 344 (ii) a Bureau of Indian Affairs card; or |
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364 | 364 | | 345 (iii) a tribal treaty card; or |
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365 | 365 | | 346 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear |
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366 | 366 | | 347the name of the voter and provide evidence that the voter resides in the voting precinct, which |
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367 | 367 | | 348may include: |
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368 | 368 | | 349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the |
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369 | 369 | | 350election; |
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370 | 370 | | 351 (ii) a bank or other financial account statement, or a legible copy thereof; |
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374 | 372 | | 353 (iv) a valid social security card; |
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375 | 373 | | 354 (v) a check issued by the state or the federal government or a legible copy thereof; |
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376 | 374 | | 355 (vi) a paycheck from the voter's employer, or a legible copy thereof; |
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377 | 375 | | 356 (vii) a currently valid Utah hunting or fishing license; |
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378 | 376 | | 357 (viii) certified naturalization documentation; |
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379 | 377 | | 358 (ix) a currently valid license issued by an authorized agency of the United States; |
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380 | 378 | | 359 (x) a certified copy of court records showing the voter's adoption or name change; |
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381 | 379 | | 360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; |
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382 | 380 | | 361 (xii) a currently valid identification card issued by: |
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383 | 381 | | 362 (A) a local government within the state; |
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384 | 382 | | 363 (B) an employer for an employee; or |
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385 | 383 | | 364 (C) a college, university, technical school, or professional school located within the |
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386 | 384 | | 365state; or |
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388 | 387 | | 367 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in |
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389 | 388 | | 368candidate by following the procedures and requirements of this title. |
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390 | 389 | | 369 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by: |
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391 | 390 | | 370 (a) mailing the ballot to the location designated in the mailing; or |
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392 | 391 | | 371 (b) depositing the ballot in a ballot drop box designated by the election officer. |
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393 | 392 | | 372 (79) "Voter" means an individual who: |
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394 | 393 | | 373 (a) meets the requirements for voting in an election; |
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395 | 394 | | 374 (b) meets the requirements of election registration; |
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396 | 395 | | 375 (c) is registered to vote; and |
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397 | 396 | | 376 (d) is listed in the official register book. |
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398 | 397 | | 377 (80) "Voter registration deadline" means the registration deadline provided in Section |
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399 | 398 | | 37820A-2-102.5. |
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402 | 400 | | 380machines, and ballot box. |
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403 | 401 | | 381 (82) "Voting booth" means: |
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404 | 402 | | 382 (a) the space or compartment within a polling place that is provided for the preparation |
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405 | 403 | | 383of ballots, including the voting enclosure or curtain; or |
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406 | 404 | | 384 (b) a voting device that is free standing. |
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407 | 405 | | 385 (83) "Voting device" means any device provided by an election officer for a voter to |
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408 | 406 | | 386vote a mechanical ballot. |
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409 | 407 | | 387 (84) "Voting precinct" means the smallest geographical voting unit, established under |
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410 | 408 | | 388Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies. |
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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. |
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413 | 411 | | 391 (86) "Write-in ballot" means a ballot containing any write-in votes. |
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414 | 412 | | 392 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on |
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415 | 413 | | 393the ballot, in accordance with the procedures established in this title. |
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416 | 414 | | 394 Section 2. Section 20A-1-105 is enacted to read: |
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417 | 415 | | 395 Part 1. Elections: General Provisions and Election Oversight |
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418 | 416 | | 396 20A-1-105. Chief election officer of the state -- Duties, authority, and |
---|
420 | 419 | | 398 (1) The lieutenant governor: |
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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 |
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424 | 423 | | 402 (c) shall enforce compliance by election officers with all legal requirements relating to |
---|
425 | 424 | | 403elections, including: |
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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; |
---|
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: |
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436 | 433 | | 412 (a) full access to closely observe, examine, and copy all records, documents, |
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437 | 434 | | 413recordings, and other information in the custody or control of an election officer or a board of |
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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 |
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444 | 441 | | 420an election officer or a board of canvassers; |
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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; |
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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 |
---|
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 |
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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). |
---|
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 |
---|
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 |
---|
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 |
---|
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. |
---|
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: |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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] |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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. |
---|
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 |
---|
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. |
---|
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 |
---|
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 |
---|
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: |
---|
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: |
---|
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; |
---|
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, |
---|
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. |
---|
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 |
---|
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 |
---|
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; |
---|
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: |
---|
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 |
---|
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 |
---|
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.] |
---|
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 |
---|
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] |
---|
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: |
---|
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: |
---|
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 |
---|
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: |
---|
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. |
---|
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 |
---|
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 |
---|
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: |
---|
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 |
---|
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 |
---|
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 |
---|
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. |
---|
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 |
---|
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. |
---|
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 |
---|
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. |
---|
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. |
---|
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 |
---|
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 |
---|
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: |
---|
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 |
---|
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 |
---|
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 |
---|
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: |
---|
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 |
---|
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, |
---|
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; |
---|
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 |
---|
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; |
---|
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 |
---|
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; |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
---|
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 |
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2128 | 2089 | | 2016owed by the public safety employee to the telephone corporation or its affiliate. |
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2129 | 2090 | | 2017 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice |
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2130 | 2091 | | 2018service provider, including providers of interconnected voice over Internet protocol service, |
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2131 | 2092 | | 2019with respect to directories or directories listings to the extent the entity offers a nonpublished |
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2132 | 2093 | | 2020listing option. |
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2133 | 2094 | | 2021 (8) (a) A public safety employee whose personal information is made public as a result |
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2134 | 2095 | | 2022of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a |
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2135 | 2096 | | 2023court of competent jurisdiction. |
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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 |
---|
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. |
---|
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. |
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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 |
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2161 | 2121 | | 2047who makes information available for public inspection in accordance with state law is not in |
---|
2162 | 2122 | | 2048violation of this chapter. |
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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 |
---|
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; |
---|
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: |
---|
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: |
---|
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 |
---|
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. |
---|
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 |
---|