Utah 2023 Regular Session

Utah House Bill HB0448 Compare Versions

OldNewDifferences
1-Enrolled Copy H.B. 448
1+3rd Sub. H.B. 448
2+LEGISLATIVE GENERAL COUNSEL
3+6 Approved for Filing: T.R. Vaughn 6
4+6 02-24-23 11:39 AM 6
5+H.B. 448
6+3rd Sub. (Cherry)
7+Representative A. Cory Maloy proposes the following substitute bill:
28 1 ELECTION CHANGES
39 2 2023 GENERAL SESSION
410 3 STATE OF UTAH
511 4 Chief Sponsor: A. Cory Maloy
612 5 Senate Sponsor: Michael S. Kennedy
713 6
814 7LONG TITLE
915 8General Description:
1016 9 This bill amends provisions of the Election Code and the authority of the lieutenant
1117 10governor over elections.
1218 11Highlighted Provisions:
1319 12 This bill:
1420 13 <defines terms;
1521 14 <modifies and describes the supervisory and oversight authority of the lieutenant
1622 15governor over elections;
1723 16 <describes the duties of a clerk in relation to elections;
1824 17 <provides the lieutenant governor with access to records, facilities, equipment, staff,
1925 18and meetings to assist the lieutenant governor in fulfilling the supervisory and
2026 19oversight authority described above;
2127 20 <provides a process and method for the lieutenant governor to enforce compliance
2228 21with the provisions of election law;
2329 22 <requires the lieutenant governor to provide, and certain election administrators and
2430 23employees to complete, training relating to conducting elections;
2531 24 <addresses requirements for audits of election processes;
2632 25 <modifies publication dates for certain ballot statistics;
33+*HB0448S03* 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
34+- 2 -
2735 26 <requires certain studies relating to elections;
2836 27 <grants rulemaking authority to the lieutenant governor in relation to:
29-28 Ctraining; H.B. 448
30-Enrolled Copy
31-- 2 -
37+28 Ctraining;
3238 29 Caudits;
3339 30 Cmaintaining and updating the statewide voter registration system and database;
3440 31 Cconducting elections;
3541 32 Csignature comparison and verification;
3642 33 Calternative methods of identity verification; and
3743 34 Cchain of custody and ballot reconciliation;
3844 35 <modifies provisions relating to the statewide voter registration system and database,
3945 36including requirements relating to maintenance and updates;
4046 37 <establishes requirements to ensure accessibility of the election system in relation to
4147 38a person with a disability;
4248 39 <modifies ballot curing requirements;
4349 40 <enacts ballot chain of custody and reconciliation requirements;
4450 41 <establishes requirements relating to election records and election security;
4551 42 <requires uniformity of certain election processes and records; and
4652 43 <makes technical and conforming changes.
4753 44Money Appropriated in this Bill:
4854 45 This bill appropriates in fiscal year 2024:
4955 46 <to the Governor's Office – Lt. Governor's Office, as an ongoing appropriation:
5056 47 Cfrom the General Fund, $860,000; and
5157 48 <to the Governor's Office – Lt. Governor's Office, as a one-time appropriation:
5258 49 Cfrom the General Fund, $730,000.
5359 50Other Special Clauses:
5460 51 None
5561 52Utah Code Sections Affected:
5662 53AMENDS:
5763 54 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
58-55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64 Enrolled Copy H.B. 448
64+55 20A-2-206, as last amended by Laws of Utah 2021, Chapter 64
65+56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
5966 - 3 -
60-56 20A-2-300.6, as last amended by Laws of Utah 2003, Chapter 117
6167 57 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
6268 58 20A-3a-401, as last amended by Laws of Utah 2022, Chapter 392
6369 59 20A-3a-401.5, as enacted by Laws of Utah 2021, Chapter 100
6470 60 20A-3a-405, as enacted by Laws of Utah 2022, Chapter 380
6571 61 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
6672 62 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
6773 63 20A-4-106, as last amended by Laws of Utah 2020, Chapter 31
6874 64 20A-4-202, as last amended by Laws of Utah 2022, Chapter 156
6975 65 20A-4-304, as last amended by Laws of Utah 2022, Chapter 342
7076 66 20A-5-101, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
7177 67 20A-5-403.5, as last amended by Laws of Utah 2022, Chapter 156
7278 68 53-18-103, as last amended by Laws of Utah 2022, Chapter 367
7379 69 67-1a-2, as last amended by Laws of Utah 2022, Chapter 18
7480 70ENACTS:
7581 71 20A-1-105, Utah Code Annotated 1953
7682 72 20A-1-106, Utah Code Annotated 1953
7783 73 20A-1-107, Utah Code Annotated 1953
7884 74 20A-1-108, Utah Code Annotated 1953
7985 75 20A-2-501, Utah Code Annotated 1953
8086 76 20A-2-507, Utah Code Annotated 1953
8187 77 20A-3a-106, Utah Code Annotated 1953
8288 78 20A-3a-401.1, Utah Code Annotated 1953
8389 79 20A-3a-402.5, Utah Code Annotated 1953
8490 80 20A-4-109, Utah Code Annotated 1953
8591 81RENUMBERS AND AMENDS:
86-82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018, H.B. 448
87-Enrolled Copy
88-- 4 -
92+82 20A-2-502, (Renumbered from 20A-2-109, as last amended by Laws of Utah 2018,
8993 83Chapter 19)
9094 84 20A-2-503, (Renumbered from 20A-2-304.5, as last amended by Laws of Utah 2012,
9195 85Chapter 52)
9296 86 20A-2-504, (Renumbered from 20A-2-305, as last amended by Laws of Utah 2022,
93-87Chapter 121)
97+87Chapter 121) 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
98+- 4 -
9499 88 20A-2-505, (Renumbered from 20A-2-306, as last amended by Laws of Utah 2022,
95100 89Chapter 121)
96101 90 20A-2-506, (Renumbered from 20A-2-308, as last amended by Laws of Utah 2022,
97102 91Chapter 156)
98103 92REPEALS:
99104 93 20A-1-101, as enacted by Laws of Utah 1993, Chapter 1
100105 94
101106 95Be it enacted by the Legislature of the state of Utah:
102107 96 Section 1. Section 20A-1-102 is amended to read:
103108 97 20A-1-102. Definitions.
104109 98 As used in this title:
105110 99 (1) "Active voter" means a registered voter who has not been classified as an inactive
106111 100voter by the county clerk.
107112 101 (2) "Automatic tabulating equipment" means apparatus that automatically examines
108113 102and counts votes recorded on ballots and tabulates the results.
109114 103 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
110115 104storage medium, that records an individual voter's vote.
111116 105 (b) "Ballot" does not include a record to tally multiple votes.
112117 106 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
113118 107on the ballot for their approval or rejection including:
114119 108 (a) an opinion question specifically authorized by the Legislature;
115-109 (b) a constitutional amendment; Enrolled Copy H.B. 448
116-- 5 -
120+109 (b) a constitutional amendment;
117121 110 (c) an initiative;
118122 111 (d) a referendum;
119123 112 (e) a bond proposition;
120124 113 (f) a judicial retention question;
121125 114 (g) an incorporation of a city or town; or
122126 115 (h) any other ballot question specifically authorized by the Legislature.
123127 116 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
124128 117together using staples or another means in at least three places across the top of the paper in the
125-118blank space reserved for securing the paper.
129+118blank space reserved for securing the paper. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
130+- 5 -
126131 119 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
127132 12020A-4-306 to canvass election returns.
128133 121 (7) "Bond election" means an election held for the purpose of approving or rejecting
129134 122the proposed issuance of bonds by a government entity.
130135 123 (8) "Business reply mail envelope" means an envelope that may be mailed free of
131136 124charge by the sender.
132137 125 (9) "Canvass" means the review of election returns and the official declaration of
133138 126election results by the board of canvassers.
134139 127 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
135140 128the canvass.
136141 129 (11) "Contracting election officer" means an election officer who enters into a contract
137142 130or interlocal agreement with a provider election officer.
138143 131 (12) "Convention" means the political party convention at which party officers and
139144 132delegates are selected.
140145 133 (13) "Counting center" means one or more locations selected by the election officer in
141146 134charge of the election for the automatic counting of ballots.
142147 135 (14) "Counting judge" means a poll worker designated to count the ballots during
143-136election day. H.B. 448
144-Enrolled Copy
145-- 6 -
148+136election day.
146149 137 (15) "Counting room" means a suitable and convenient private place or room for use
147150 138by the poll workers and counting judges to count ballots.
148151 139 (16) "County officers" means those county officers that are required by law to be
149152 140elected.
150153 141 (17) "Date of the election" or "election day" or "day of the election":
151154 142 (a) means the day that is specified in the calendar year as the day that the election
152155 143occurs; and
153156 144 (b) does not include:
154157 145 (i) deadlines established for voting by mail, military-overseas voting, or emergency
155158 146voting; or
156159 147 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
157160 148Voting.
158-149 (18) "Elected official" means:
161+149 (18) "Elected official" means: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
162+- 6 -
159163 150 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
160164 151Municipal Alternate Voting Methods Pilot Project;
161165 152 (b) a person who is considered to be elected to a municipal office in accordance with
162166 153Subsection 20A-1-206(1)(c)(ii); or
163167 154 (c) a person who is considered to be elected to a local district office in accordance with
164168 155Subsection 20A-1-206(3)(b)(ii).
165169 156 (19) "Election" means a regular general election, a municipal general election, a
166170 157statewide special election, a local special election, a regular primary election, a municipal
167171 158primary election, and a local district election.
168172 159 (20) "Election Assistance Commission" means the commission established by the Help
169173 160America Vote Act of 2002, Pub. L. No. 107-252.
170174 161 (21) "Election cycle" means the period beginning on the first day persons are eligible to
171175 162file declarations of candidacy and ending when the canvass is completed.
172-163 (22) "Election judge" means a poll worker that is assigned to: Enrolled Copy H.B. 448
173-- 7 -
176+163 (22) "Election judge" means a poll worker that is assigned to:
174177 164 (a) preside over other poll workers at a polling place;
175178 165 (b) act as the presiding election judge; or
176179 166 (c) serve as a canvassing judge, counting judge, or receiving judge.
177180 167 (23) "Election officer" means:
178181 168 (a) the lieutenant governor, for all statewide ballots and elections;
179182 169 (b) the county clerk for:
180183 170 (i) a county ballot and election; and
181184 171 (ii) a ballot and election as a provider election officer as provided in Section
182185 17220A-5-400.1 or 20A-5-400.5;
183186 173 (c) the municipal clerk for:
184187 174 (i) a municipal ballot and election; and
185188 175 (ii) a ballot and election as a provider election officer as provided in Section
186189 17620A-5-400.1 or 20A-5-400.5;
187190 177 (d) the local district clerk or chief executive officer for:
188191 178 (i) a local district ballot and election; and
189192 179 (ii) a ballot and election as a provider election officer as provided in Section
190-18020A-5-400.1 or 20A-5-400.5; or
193+18020A-5-400.1 or 20A-5-400.5; or 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
194+- 7 -
191195 181 (e) the business administrator or superintendent of a school district for:
192196 182 (i) a school district ballot and election; and
193197 183 (ii) a ballot and election as a provider election officer as provided in Section
194198 18420A-5-400.1 or 20A-5-400.5.
195199 185 (24) "Election official" means any election officer, election judge, or poll worker.
196200 186 (25) "Election results" means:
197201 187 (a) for an election other than a bond election, the count of votes cast in the election and
198202 188the election returns requested by the board of canvassers; or
199203 189 (b) for bond elections, the count of those votes cast for and against the bond
200-190proposition plus any or all of the election returns that the board of canvassers may request. H.B. 448
201-Enrolled Copy
202-- 8 -
204+190proposition plus any or all of the election returns that the board of canvassers may request.
203205 191 (26) "Election returns" includes:
204206 192 (a) the pollbook, the military and overseas absentee voter registration and voting
205207 193certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all excess
206208 194ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and the total votes
207209 195cast form; and
208210 196 (b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
209211 197ballot.
210212 198 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
211213 199or logically associated with a record and executed or adopted by a person with the intent to sign
212214 200the record.
213215 201 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
214216 202clerk under Subsection [20A-2-306(4)(c)(i) or (ii)] 20A-2-505(4)(c)(i) or (ii).
215217 203 (29) "Judicial office" means the office filled by any judicial officer.
216218 204 (30) "Judicial officer" means any justice or judge of a court of record or any county
217219 205court judge.
218220 206 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
219221 207Local Government Entities - Local Districts, and includes a special service district under Title
220222 20817D, Chapter 1, Special Service District Act.
221223 209 (32) "Local district officers" means those local district board members that are required
222224 210by law to be elected.
223-211 (33) "Local election" means a regular county election, a regular municipal election, a
225+211 (33) "Local election" means a regular county election, a regular municipal election, a 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
226+- 8 -
224227 212municipal primary election, a local special election, a local district election, and a bond
225228 213election.
226229 214 (34) "Local political subdivision" means a county, a municipality, a local district, or a
227230 215local school district.
228231 216 (35) "Local special election" means a special election called by the governing body of a
229-217local political subdivision in which all registered voters of the local political subdivision may Enrolled Copy H.B. 448
230-- 9 -
232+217local political subdivision in which all registered voters of the local political subdivision may
231233 218vote.
232234 219 (36) "Manual ballot" means a paper document produced by an election officer on
233235 220which an individual records an individual's vote by directly placing a mark on the paper
234236 221document using a pen or other marking instrument.
235237 222 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
236238 223mechanical record, that:
237239 224 (a) is created via electronic or mechanical means; and
238240 225 (b) records an individual voter's vote cast via a method other than an individual directly
239241 226placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
240242 227 (38) "Municipal executive" means:
241243 228 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
242244 229 (b) the mayor in the council-manager form of government defined in Subsection
243245 23010-3b-103(7); or
244246 231 (c) the [chair] mayor of a metro township form of government defined in Section
245247 23210-3b-102.
246248 233 (39) "Municipal general election" means the election held in municipalities and, as
247249 234applicable, local districts on the first Tuesday after the first Monday in November of each
248250 235odd-numbered year for the purposes established in Section 20A-1-202.
249251 236 (40) "Municipal legislative body" means:
250252 237 (a) the council of the city or town in any form of municipal government; or
251253 238 (b) the council of a metro township.
252254 239 (41) "Municipal office" means an elective office in a municipality.
253255 240 (42) "Municipal officers" means those municipal officers that are required by law to be
254256 241elected.
255-242 (43) "Municipal primary election" means an election held to nominate candidates for
257+242 (43) "Municipal primary election" means an election held to nominate candidates for 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
258+- 9 -
256259 243municipal office.
257-244 (44) "Municipality" means a city, town, or metro township. H.B. 448
258-Enrolled Copy
259-- 10 -
260+244 (44) "Municipality" means a city, town, or metro township.
260261 245 (45) "Official ballot" means the ballots distributed by the election officer for voters to
261262 246record their votes.
262263 247 (46) "Official endorsement" means the information on the ballot that identifies:
263264 248 (a) the ballot as an official ballot;
264265 249 (b) the date of the election; and
265266 250 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
266267 251facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
267268 252 (ii) for a ballot prepared by a county clerk, the words required by Subsection
268269 25320A-6-301(1)(b)(iii).
269270 254 (47) "Official register" means the official record furnished to election officials by the
270271 255election officer that contains the information required by Section 20A-5-401.
271272 256 (48) "Political party" means an organization of registered voters that has qualified to
272273 257participate in an election by meeting the requirements of Chapter 8, Political Party Formation
273274 258and Procedures.
274275 259 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
275276 260election, voting, or counting votes.
276277 261 (b) "Poll worker" includes election judges.
277278 262 (c) "Poll worker" does not include a watcher.
278279 263 (50) "Pollbook" means a record of the names of voters in the order that they appear to
279280 264cast votes.
280281 265 (51) "Polling place" means a building where voting is conducted.
281282 266 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
282283 267in which the voter marks the voter's choice.
283284 268 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
284285 2698, Presidential Primary Election.
285286 270 (54) "Primary convention" means the political party conventions held during the year
286-271of the regular general election. Enrolled Copy H.B. 448
287-- 11 -
287+271of the regular general election.
288288 272 (55) "Protective counter" means a separate counter, which cannot be reset, that:
289-273 (a) is built into a voting machine; and
289+273 (a) is built into a voting machine; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
290+- 10 -
290291 274 (b) records the total number of movements of the operating lever.
291292 275 (56) "Provider election officer" means an election officer who enters into a contract or
292293 276interlocal agreement with a contracting election officer to conduct an election for the
293294 277contracting election officer's local political subdivision in accordance with Section
294295 27820A-5-400.1.
295296 279 (57) "Provisional ballot" means a ballot voted provisionally by a person:
296297 280 (a) whose name is not listed on the official register at the polling place;
297298 281 (b) whose legal right to vote is challenged as provided in this title; or
298299 282 (c) whose identity was not sufficiently established by a poll worker.
299300 283 (58) "Provisional ballot envelope" means an envelope printed in the form required by
300301 284Section 20A-6-105 that is used to identify provisional ballots and to provide information to
301302 285verify a person's legal right to vote.
302303 286 (59) (a) "Public figure" means an individual who, due to the individual being
303304 287considered for, holding, or having held a position of prominence in a public or private capacity,
304305 288or due to the individual's celebrity status, has an increased risk to the individual's safety.
305306 289 (b) "Public figure" does not include an individual:
306307 290 (i) elected to public office; or
307308 291 (ii) appointed to fill a vacancy in an elected public office.
308309 292 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
309310 293duties of the position for which the individual was elected.
310311 294 (61) "Receiving judge" means the poll worker that checks the voter's name in the
311312 295official register at a polling place and provides the voter with a ballot.
312313 296 (62) "Registration form" means a form by which an individual may register to vote
313314 297under this title.
314-298 (63) "Regular ballot" means a ballot that is not a provisional ballot. H.B. 448
315-Enrolled Copy
316-- 12 -
315+298 (63) "Regular ballot" means a ballot that is not a provisional ballot.
317316 299 (64) "Regular general election" means the election held throughout the state on the first
318317 300Tuesday after the first Monday in November of each even-numbered year for the purposes
319318 301established in Section 20A-1-201.
320319 302 (65) "Regular primary election" means the election, held on the date specified in
321320 303Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
322-304local school board positions to advance to the regular general election.
321+304local school board positions to advance to the regular general election. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
322+- 11 -
323323 305 (66) "Resident" means a person who resides within a specific voting precinct in Utah.
324324 306 (67) "Return envelope" means the envelope, described in Subsection 20A-3a-202(4),
325325 307provided to a voter with a manual ballot:
326326 308 (a) into which the voter places the manual ballot after the voter has voted the manual
327327 309ballot in order to preserve the secrecy of the voter's vote; and
328328 310 (b) that includes the voter affidavit and a place for the voter's signature.
329329 311 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
330330 312published as provided in Section 20A-5-405.
331331 313 (69) "Special election" means an election held as authorized by Section 20A-1-203.
332332 314 (70) "Spoiled ballot" means each ballot that:
333333 315 (a) is spoiled by the voter;
334334 316 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
335335 317 (c) lacks the official endorsement.
336336 318 (71) "Statewide special election" means a special election called by the governor or the
337337 319Legislature in which all registered voters in Utah may vote.
338338 320 (72) "Tabulation system" means a device or system designed for the sole purpose of
339339 321tabulating votes cast by voters at an election.
340340 322 (73) "Ticket" means a list of:
341341 323 (a) political parties;
342342 324 (b) candidates for an office; or
343-325 (c) ballot propositions. Enrolled Copy H.B. 448
344-- 13 -
343+325 (c) ballot propositions.
345344 326 (74) "Transfer case" means the sealed box used to transport voted ballots to the
346345 327counting center.
347346 328 (75) "Vacancy" means the absence of a person to serve in any position created by
348347 329statute, whether that absence occurs because of death, disability, disqualification, resignation,
349348 330or other cause.
350349 331 (76) "Valid voter identification" means:
351350 332 (a) a form of identification that bears the name and photograph of the voter which may
352351 333include:
353352 334 (i) a currently valid Utah driver license;
354-335 (ii) a currently valid identification card that is issued by:
353+335 (ii) a currently valid identification card that is issued by: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
354+- 12 -
355355 336 (A) the state; or
356356 337 (B) a branch, department, or agency of the United States;
357357 338 (iii) a currently valid Utah permit to carry a concealed weapon;
358358 339 (iv) a currently valid United States passport; or
359359 340 (v) a currently valid United States military identification card;
360360 341 (b) one of the following identification cards, whether or not the card includes a
361361 342photograph of the voter:
362362 343 (i) a valid tribal identification card;
363363 344 (ii) a Bureau of Indian Affairs card; or
364364 345 (iii) a tribal treaty card; or
365365 346 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
366366 347the name of the voter and provide evidence that the voter resides in the voting precinct, which
367367 348may include:
368368 349 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
369369 350election;
370370 351 (ii) a bank or other financial account statement, or a legible copy thereof;
371-352 (iii) a certified birth certificate; H.B. 448
372-Enrolled Copy
373-- 14 -
371+352 (iii) a certified birth certificate;
374372 353 (iv) a valid social security card;
375373 354 (v) a check issued by the state or the federal government or a legible copy thereof;
376374 355 (vi) a paycheck from the voter's employer, or a legible copy thereof;
377375 356 (vii) a currently valid Utah hunting or fishing license;
378376 357 (viii) certified naturalization documentation;
379377 358 (ix) a currently valid license issued by an authorized agency of the United States;
380378 359 (x) a certified copy of court records showing the voter's adoption or name change;
381379 360 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
382380 361 (xii) a currently valid identification card issued by:
383381 362 (A) a local government within the state;
384382 363 (B) an employer for an employee; or
385383 364 (C) a college, university, technical school, or professional school located within the
386384 365state; or
387-366 (xiii) a current Utah vehicle registration.
385+366 (xiii) a current Utah vehicle registration. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
386+- 13 -
388387 367 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in
389388 368candidate by following the procedures and requirements of this title.
390389 369 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
391390 370 (a) mailing the ballot to the location designated in the mailing; or
392391 371 (b) depositing the ballot in a ballot drop box designated by the election officer.
393392 372 (79) "Voter" means an individual who:
394393 373 (a) meets the requirements for voting in an election;
395394 374 (b) meets the requirements of election registration;
396395 375 (c) is registered to vote; and
397396 376 (d) is listed in the official register book.
398397 377 (80) "Voter registration deadline" means the registration deadline provided in Section
399398 37820A-2-102.5.
400-379 (81) "Voting area" means the area within six feet of the voting booths, voting Enrolled Copy H.B. 448
401-- 15 -
399+379 (81) "Voting area" means the area within six feet of the voting booths, voting
402400 380machines, and ballot box.
403401 381 (82) "Voting booth" means:
404402 382 (a) the space or compartment within a polling place that is provided for the preparation
405403 383of ballots, including the voting enclosure or curtain; or
406404 384 (b) a voting device that is free standing.
407405 385 (83) "Voting device" means any device provided by an election officer for a voter to
408406 386vote a mechanical ballot.
409407 387 (84) "Voting precinct" means the smallest geographical voting unit, established under
410408 388Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
411409 389 (85) "Watcher" means an individual who complies with the requirements described in
412410 390Section 20A-3a-801 to become a watcher for an election.
413411 391 (86) "Write-in ballot" means a ballot containing any write-in votes.
414412 392 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
415413 393the ballot, in accordance with the procedures established in this title.
416414 394 Section 2. Section 20A-1-105 is enacted to read:
417415 395 Part 1. Elections: General Provisions and Election Oversight
418416 396 20A-1-105. Chief election officer of the state -- Duties, authority, and
419-397enforcement.
417+397enforcement. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
418+- 14 -
420419 398 (1) The lieutenant governor:
421420 399 (a) is the chief election officer of the state;
422421 400 (b) is responsible to oversee, and generally supervise, all elections and functions
423422 401relating to elections in the state; and
424423 402 (c) shall enforce compliance by election officers with all legal requirements relating to
425424 403elections, including:
426425 404 (i) Public Law 103-31, the National Voter Registration Act of 1993;
427426 405 (ii) Public Law 107-252, the Help America Vote Act of 2002;
428-406 (iii) all other applicable provisions of federal law and rule relating to elections; H.B. 448
429-Enrolled Copy
430-- 16 -
427+406 (iii) all other applicable provisions of federal law and rule relating to elections;
431428 407 (iv) state law relating to elections;
432429 408 (v) the requirements of this title; and
433430 409 (vi) rules made under this title.
434431 410 (2) To the extent that the lieutenant governor determines the following is useful in
435432 411fulfilling the responsibilities described in Subsection (1), the lieutenant governor has:
436433 412 (a) full access to closely observe, examine, and copy all records, documents,
437434 413recordings, and other information in the custody or control of an election officer or a board of
438435 414canvassers;
439436 415 (b) full access to closely observe, examine, and copy all voter registration records,
440437 416ballots, ballot envelopes, vote tallies, canvassing records, and other election returns in the
441438 417custody or control of an election officer or a board of canvassers;
442439 418 (c) full access to closely observe and examine all facilities, storage areas, and
443440 419equipment, and to closely observe, examine, or copy all materials, in the custody or control of
444441 420an election officer or a board of canvassers;
445442 421 (d) full access to all staff, including full-time, part-time, and volunteer staff of an
446443 422election officer or a board of canvassers;
447444 423 (e) full access to closely observe, examine, and copy all records and information
448445 424relating to election audits that are conducted, directed, or commissioned by a county clerk;
449446 425 (f) the right to attend any meeting, including a closed meeting, relating to a matter
450447 426within the scope of authority or responsibility of the lieutenant governor described in this
451448 427chapter or Subsection 67-1a-2(2); and
452-428 (g) the right to closely observe and examine any work or other process relating to a
449+428 (g) the right to closely observe and examine any work or other process relating to a 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
450+- 15 -
453451 429matter within the scope of authority or responsibility of the lieutenant governor described in
454452 430this chapter or Subsection 67-1a-2(2).
455453 431 (3) An election officer shall fully assist, and cooperate with, the lieutenant governor in:
456454 432 (a) fulfillment, by the lieutenant governor, of the responsibilities described in
457-433Subsection (1); and Enrolled Copy H.B. 448
458-- 17 -
455+433Subsection (1); and
459456 434 (b) obtaining the access and exercising the rights described in Subsection (2).
460457 435 (4) If the lieutenant governor determines that an election officer is in violation of a law
461458 436or rule described in Subsection (1)(c), the lieutenant governor, in an effort to remedy the
462459 437violation and bring the election officer into compliance with the law or rule:
463460 438 (a) shall consult with the election officer; and
464461 439 (b) may provide training and other assistance to the election officer to the extent the
465462 440lieutenant governor determines warranted.
466463 441 (5) If a violation continues after the lieutenant governor complies with Subsection
467464 442(4)(a), the lieutenant governor shall issue a written order to the election officer that:
468465 443 (a) describes the violation;
469466 444 (b) describes the action taken under Subsection (4) to remedy the violation and bring
470467 445the election officer into compliance with the law or rule;
471468 446 (c) directs the election officer to remedy and cease the violation;
472469 447 (d) describes the specific actions the election officer must take to comply with the
473470 448order;
474471 449 (e) states the deadline for the election officer to comply with the order; and
475472 450 (f) describes the actions the election officer must take to verify compliance with the
476473 451order.
477474 452 (6) (a) An order described in Subsection (5) has the force of law.
478475 453 (b) An election officer shall fully comply with an order described in Subsection (5)
479476 454unless the election officer obtains a court order rescinding or modifying the order in accordance
480477 455with Subsections (7) through (9).
481478 456 (7) An election officer desiring to seek a court order described in Subsection (6) shall
482479 457file an action seeking a court order within 10 days after the day on which the lieutenant
483480 458governor issues the order described in Subsection (5).
484-459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and
485-460only to the extent that: H.B. 448
486-Enrolled Copy
487-- 18 -
481+459 (8) A court may not rescind or modify an order described in Subsection (5) unless, and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
482+- 16 -
483+460only to the extent that:
488484 461 (a) the order is arbitrary or capricious;
489485 462 (b) the court finds that the violation alleged by the lieutenant governor did not occur; or
490486 463 (c) the court determines that the violation alleged by the lieutenant governor is not a
491487 464violation of law or rule.
492488 465 (9) An election officer who files an action described in Subsection (7) has the burden
493489 466of proof.
494490 467 (10) This section does not prohibit the lieutenant governor from bringing a legal action,
495491 468at any time, to compel an election officer to comply with the law and rules described in
496492 469Subsection (1).
497493 470 Section 3. Section 20A-1-106 is enacted to read:
498494 471 20A-1-106. Duties of a clerk.
499495 472 (1) As used in this section, "clerk" means an election officer other than the lieutenant
500496 473governor.
501497 474 (2) A clerk shall:
502498 475 (a) comply with all of the following in relation to elections:
503499 476 (i) federal and state law;
504500 477 (ii) federal and state rules; and
505501 478 (iii) the policies and direction of the lieutenant governor; and
506502 479 (b) diligently learn and become familiar with the law, rules, policies, and direction
507503 480described in Subsection (2)(a).
508504 481 Section 4. Section 20A-1-107 is enacted to read:
509505 482 20A-1-107. Elections training -- Training required -- Reimbursement.
510506 483 (1) As used in this section, "election administrator" means:
511507 484 (a) a county clerk; and
512508 485 (b) if the county clerk employs one or more individuals who assist with elections:
513509 486 (i) the most senior employee who assists with elections; or
514-487 (ii) if more than one employee qualifies as the most senior employee under Subsection Enrolled Copy H.B. 448
515-- 19 -
510+487 (ii) if more than one employee qualifies as the most senior employee under Subsection
516511 488(1)(b)(i), one of those employees, as designated by the election officer.
517512 489 (2) The lieutenant governor shall, in accordance with this section:
518-490 (a) design and provide training to election officers and government workers who
513+490 (a) design and provide training to election officers and government workers who 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
514+- 17 -
519515 491perform functions relating to elections; and
520516 492 (b) provide the training described in this section without charge to the officers and
521517 493workers described in Subsection (2)(a).
522518 494 (3) The training shall include:
523519 495 (a) a course designed for election administrators:
524520 496 (i) that may include multiple sessions;
525521 497 (ii) that may require attendance on multiple occasions; and
526522 498 (iii) for which the lieutenant governor may, notwithstanding Section 63G-22-103,
527523 499require live attendance; and
528524 500 (b) a course designed for government workers, who perform functions relating to
529525 501elections, that consists of modules relating to individual election processes.
530526 502 (4) (a) An election administrator who was elected, appointed, or hired before May 3,
531527 5032023, shall:
532528 504 (i) begin the first session described in Subsection (3)(a) before July 1, 2024; and
533529 505 (ii) complete all sessions within four years after the election administrator takes the
534530 506first session.
535531 507 (b) An election administrator who is elected, appointed, or hired on or after May 3,
536532 5082023, shall:
537533 509 (i) begin the first session described in Subsection (3)(a) within one year after the day
538534 510on which the election administrator is elected, appointed, or hired; and
539535 511 (ii) complete all sessions within four years after the election administrator takes the
540536 512first session.
541537 513 (5) The lieutenant governor shall reimburse an election administrator who is required
542-514under this section to attend the training described in Subsection (3)(a) per diem and travel H.B. 448
543-Enrolled Copy
544-- 20 -
538+514under this section to attend the training described in Subsection (3)(a) per diem and travel
545539 515expenses for attending the training, in accordance with:
546540 516 (a) Section 63A-3-106;
547541 517 (b) Section 63A-3-107; and
548542 518 (c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
549543 51963A-3-107.
550544 520 (6) An individual may not perform an election process for which the lieutenant
551-521governor has developed an online training module described in Subsection (3)(b), unless the
545+521governor has developed an online training module described in Subsection (3)(b), unless the 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
546+- 18 -
552547 522individual has completed the training module developed for that election process.
553548 523 (7) The director of elections, within the Office of the Lieutenant Governor, may make
554549 524rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
555550 525establishing requirements for:
556551 526 (a) complying with the training requirements described in this section; and
557552 527 (b) supplemental or refresher training that the lieutenant governor determines is needed
558553 528to ensure the integrity of elections in the state.
559554 529 Section 5. Section 20A-1-108 is enacted to read:
560555 530 20A-1-108. Audits -- Studies relating to elections.
561556 531 (1) Except as provided in Subsection (2):
562557 532 (a) the director of elections within the Office of the Lieutenant Governor shall make
563558 533rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
564559 534establishing requirements and procedures for an audit described in this title; and
565560 535 (b) an election officer shall ensure that, when an audit is conducted of work done
566561 536during ballot processing, the individual who performs the audit does not audit the individual's
567562 537own work.
568563 538 (2) Subsection (1) does not relate to an audit conducted by the legislative auditor
569564 539general or the lieutenant governor.
570565 540 (3) The lieutenant governor shall keep the Government Operations Interim Committee
571-541informed of advances in election technology that the committee may want to study for use in Enrolled Copy H.B. 448
572-- 21 -
566+541informed of advances in election technology that the committee may want to study for use in
573567 542Utah's elections.
574568 543 (4) The lieutenant governor shall:
575569 544 (a) study methods to improve post-election audits to confirm that the election correctly
576570 545identified the winning candidates, including evaluating:
577571 546 (i) different risk-limiting audit methods; and
578572 547 (ii) other confirmation methods; and
579573 548 (b) at or before the last 2023 meeting of the Government Operations Interim
580574 549Committee, report to the committee on:
581575 550 (i) the methods studied; and
582576 551 (ii) recommendations for post-election audit requirements.
583-552 (5) The Driver License Division shall, in cooperation with the lieutenant governor:
577+552 (5) The Driver License Division shall, in cooperation with the lieutenant governor: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
578+- 19 -
584579 553 (a) study:
585580 554 (i) the options for improving the quality of signatures collected by the Driver License
586581 555Division that are used for signature verification in an election; and
587582 556 (ii) the technology needs and costs associated with the options described in Subsection
588583 557(5)(a)(i); and
589584 558 (b) at or before the last 2023 meeting of the Government Operations Interim
590585 559Committee, report to the committee on:
591586 560 (i) the options, technology needs, and costs described in Subsection (5)(a); and
592587 561 (ii) recommendations regarding the options described in Subsection (5)(a)(i).
593588 562 Section 6. Section 20A-2-206 is amended to read:
594589 563 20A-2-206. Electronic registration.
595590 564 (1) The lieutenant governor shall create and maintain an electronic system that is
596591 565publicly available on the Internet for an individual to apply for voter registration or
597592 566preregistration.
598593 567 (2) An electronic system for voter registration or preregistration shall require:
599-568 (a) that an applicant have a valid driver license or identification card, issued under Title H.B. 448
600-Enrolled Copy
601-- 22 -
594+568 (a) that an applicant have a valid driver license or identification card, issued under Title
602595 56953, Chapter 3, Uniform Driver License Act, that reflects the applicant's current principal place
603596 570of residence;
604597 571 (b) that the applicant provide the information required by Section 20A-2-104, except
605598 572that the applicant's signature may be obtained in the manner described in Subsections (2)(d)
606599 573and [(4)] (5);
607600 574 (c) that the applicant attest to the truth of the information provided; and
608601 575 (d) that the applicant authorize the lieutenant governor's and county clerk's use of the
609602 576applicant's:
610603 577 (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
611604 578Uniform Driver License Act, for voter registration purposes; or
612605 579 (ii) signature on file in the lieutenant governor's statewide voter registration database
613606 580developed under Section [20A-2-109] 20A-2-502.
614607 581 (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for
615608 582voter registration or preregistration created under this section is not required to complete a
616-583printed registration form.
609+583printed registration form. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
610+- 20 -
617611 584 (4) A system created and maintained under this section shall provide the notices
618612 585concerning a voter's presentation of identification contained in Subsection 20A-2-104(1).
619613 586 (5) The lieutenant governor shall:
620614 587 (a) obtain a digital copy of the applicant's driver license or identification card signature
621615 588from the Driver License Division; or
622616 589 (b) ensure that the applicant's signature is already on file in the lieutenant governor's
623617 590statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
624618 591 (6) The lieutenant governor shall send the information to the county clerk for the
625619 592county in which the applicant's principal place of residence is found for further action as
626620 593required by Section 20A-2-304 after:
627621 594 (a) receiving all information from an applicant; and
628-595 (b) (i) receiving all information from the Driver License Division; or Enrolled Copy H.B. 448
629-- 23 -
622+595 (b) (i) receiving all information from the Driver License Division; or
630623 596 (ii) ensuring that the applicant's signature is already on file in the lieutenant governor's
631624 597statewide voter registration database developed under Section [20A-2-109] 20A-2-502.
632625 598 (7) The lieutenant governor may use additional security measures to ensure the
633626 599accuracy and integrity of an electronically submitted voter registration.
634627 600 (8) If an individual applies to register under this section no later than 11 calendar days
635628 601before the date of an election, the county clerk shall:
636629 602 (a) accept and process the voter registration form;
637630 603 (b) unless the individual named in the form is preregistering to vote:
638631 604 (i) enter the applicant's name on the list of registered voters for the voting precinct in
639632 605which the applicant resides; and
640633 606 (ii) notify the individual that the individual is registered to vote in the upcoming
641634 607election; and
642635 608 (c) if the individual named in the form is preregistering to vote, comply with Section
643636 60920A-2-101.1.
644637 610 (9) If an individual applies to register under this section after the deadline described in
645638 611Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
646639 612 (a) accept the application for registration; and
647640 613 (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
648-614individual that the individual will not be registered to vote in the pending election, unless the
641+614individual that the individual will not be registered to vote in the pending election, unless the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
642+- 21 -
649643 615individual registers to vote by provisional ballot during the early voting period, if applicable, or
650644 616on election day, in accordance with Section 20A-2-207.
651645 617 (10) The lieutenant governor shall provide a means by which a registered voter shall
652646 618sign the application form.
653647 619 Section 7. Section 20A-2-300.6 is amended to read:
654648 620 Part 3. Voter Registration Responsibilities
655649 621 20A-2-300.6. Voter registration activities -- Coordination among local, state, and
656-622federal officials. H.B. 448
657-Enrolled Copy
658-- 24 -
650+622federal officials.
659651 623 [(1) The lieutenant governor is Utah's chief elections officer. (2)] The lieutenant
660652 624governor shall:
661653 625 [(a) oversee all of Utah's:]
662654 626 [(i) voter registration activities; and]
663655 627 [(ii) other responsibilities established by:]
664656 628 [(A) Public Law 103-31, the National Voter Registration Act of 1993; and]
665657 629 [(B) Public Law 107-252, the Help America Vote Act of 2002; and]
666658 630 (1) oversee, manage, and coordinate all voter registration activities in the state; and
667659 631 [(b)] (2) coordinate with local, state, and federal officials to ensure compliance with
668660 632state and federal election laws.
669661 633 [(3) The lieutenant governor, in cooperation with the county clerks, shall develop a
670662 634general program to obtain change of address information in order to remove the names of
671663 635ineligible voters from the official register.]
672664 636 Section 8. Section 20A-2-501 is enacted to read:
673665 637 20A-2-501. Definitions.
674666 638 As used in this part:
675667 639 (1) "Annual maintenance utility" means a tool within the system that:
676668 640 (a) is designed to comply with Section 20A-2-305;
677669 641 (b) a county clerk is required to run on an annual basis; and
678670 642 (c) identifies each inactive voter and each voter to be removed from the voter
679671 643registration database.
680672 644 (2) "Database" means the statewide voter registration database, described in Subsection
681-64520A-2-502(1)(a) that:
673+64520A-2-502(1)(a) that: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
674+- 22 -
682675 646 (a) is maintained and updated via the system; and
683676 647 (b) uses information relative to voter registration and voting, including information that
684677 648is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another
685-649state. Enrolled Copy H.B. 448
686-- 25 -
678+649state.
687679 650 (3) "Duplicate voter utility" means a tool within the system that runs a set of queries to
688680 651identify potential duplicate voter records.
689681 652 (4) "System" means the statewide voter registration system described in Subsection
690682 65320A-2-502(1)(a), including the database and all information within the system or database.
691683 654 (5) "Voter identification verification tool" means a tool within the system that
692684 655compares data in a voter registration record to Driver License Division data and Social Security
693685 656Administration data to verify voter identification.
694686 657 Section 9. Section 20A-2-502, which is renumbered from Section 20A-2-109 is
695687 658renumbered and amended to read:
696688 659 [20A-2-109]. 20A-2-502. Statewide voter registration system --
697689 660Maintenance and update of system -- Record security -- List of incarcerated felons --
698690 661Public document showing compliance by county clerks.
699691 662 (1) [(a) (i)] The lieutenant governor shall:
700692 663 (a) develop, manage, and maintain a statewide voter registration [database.] system to
701693 664be used by county clerks to maintain an updated statewide voter registration database in
702694 665accordance with this section and rules made under Section 20A-2-507;
703695 666 (b) except as provided in Subsection (2)(c), regularly update the system with
704696 667information relevant to voter registration, as follows:
705697 668 (i) on at least a weekly basis, information received from the Driver License Division in
706698 669relation to:
707699 670 (A) voter registration;
708700 671 (B) a registered voter's change of address; or
709701 672 (C) a registered voter's change of name;
710702 673 (ii) on at least a weekly basis, the information described in Subsection 26-2-13(11)
711703 674from the state registrar, regarding deceased individuals;
712704 675 (iii) on at least a monthly basis, the information described in Subsection (3), received
713-676from the Department of Corrections regarding incarcerated individuals; H.B. 448
714-Enrolled Copy
715-- 26 -
705+676from the Department of Corrections regarding incarcerated individuals; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
706+- 23 -
716707 677 (iv) on at least a monthly basis, information received from other states, including
717708 678information received under an agreement described in Subsection (2); and
718709 679 (v) within 31 days after receiving information relevant to voter registration, other than
719710 680the information described in Subsections (1)(b)(i) through (v);
720711 681 (c) regularly monitor the system to ensure that each county clerk complies with the
721712 682requirements of this part and rules made under Section 20A-2-507;
722713 683 [(ii) (A) The lieutenant governor may compare the information in the statewide voter
723714 684registration database with information submitted by a registered voter to a state agency to
724715 685identify a change in a registered voter's principal place of residence or name.]
725716 686 [(B) The lieutenant governor shall] (d) establish matching criteria and security
726717 687measures for identifying a change described in Subsection [(1)(a)(ii)(A)] (1)(b) to ensure the
727718 688accuracy of a voter registration record[.]; and
728719 689 [(C) The lieutenant governor shall] (e) on at least a monthly basis:
729720 690 (i) use the matching criteria and security measures described in Subsection (1)(d) to
730721 691compare information in the database to identify duplicate data, contradictory data, and changes
731722 692in data;
732723 693 (ii) notify the applicable county clerk of the data identified; and
733724 694 (iii) notify the county clerk of the county in which [the] a voter's principal place of
734725 695residence is located of [the change in the] a change in a registered voter's principal place of
735726 696residence or name.
736727 697 [(b) Each county clerk shall utilize the statewide voter registration database when
737728 698recording or modifying voter registration records.]
738729 699 [(2) (a) The lieutenant governor shall establish and implement a procedure to maintain
739730 700the accuracy of the statewide voter registration database by using information available from:]
740731 701 [(i) a voter;]
741732 702 [(ii) a governmental entity, as defined by Section 63G-2-103; or]
742-703 [(iii) another state.] Enrolled Copy H.B. 448
743-- 27 -
733+703 [(iii) another state.]
744734 704 [(b)] (2) (a) Subject to Subsection [(2)(c)] (2)(b), the lieutenant governor may
745735 705cooperate or enter into an agreement with a governmental entity or another state to share
746736 706information [to implement the procedure established under Subsection (2)(a)] and increase the
747-707accuracy of the database.
737+707accuracy of the database. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
738+- 24 -
748739 708 [(c)] (b) For a record shared under Subsection [(2)(b)] (2)(a), the lieutenant governor
749740 709shall ensure:
750741 710 (i) that the record is only used to maintain the accuracy of [a voter registration] the
751742 711database;
752743 712 (ii) compliance with Section 63G-2-206; and
753744 713 (iii) that the record is secure from unauthorized use by employing data encryption or
754745 714another similar technology security system.
755746 715 (c) The lieutenant governor is not required to comply with an updating requirement
756747 716described in Subsection (1)(b) to the extent that the person responsible to provide the
757748 717information to the lieutenant governor fails to provide the information.
758749 718 (3) (a) The lieutenant governor shall maintain a current list of all incarcerated felons in
759750 719Utah.
760751 720 (b) [(i)] The Department of Corrections shall provide the lieutenant governor's office
761752 721with [a list of]:
762753 722 (i) the name and last-known address of each [person] individual who:
763754 723 (A) was convicted of a felony in a Utah state court; and
764755 724 (B) is currently incarcerated for commission of a felony[.]; and
765756 725 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
766757 726and the method of transmitting the information after consultation with the Department of
767758 727Corrections.]
768759 728 [(c) (i)] (ii) [The Department of Corrections shall provide the lieutenant governor's
769760 729office with a list containing] the name of each convicted felon who has been released from
770-730incarceration. H.B. 448
771-Enrolled Copy
772-- 28 -
761+730incarceration.
773762 731 [(ii) The lieutenant governor shall establish the frequency of receipt of the information
774763 732and the method of transmitting the information after consultation with the Department of
775764 733Corrections.]
776765 734 (4) The lieutenant governor shall maintain on the lieutenant governor's website a
777766 735document that:
778767 736 (a) describes the utilities and tools within the system that a county clerk is required to
779768 737run;
780-738 (b) describes the actions, if any, that a county clerk is required to take in relation to the
769+738 (b) describes the actions, if any, that a county clerk is required to take in relation to the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
770+- 25 -
781771 739results of running a utility or tool;
782772 740 (c) lists, by date, the recurring deadlines by which a county clerk must comply with
783773 741Subsection (4)(a) or (b); and
784774 742 (d) indicates, by county:
785775 743 (i) whether the county clerk timely complies with each deadline described in
786776 744Subsection (4)(c); and
787777 745 (ii) if the county clerk fails to timely comply with a deadline described in Subsection
788778 746(4)(c), whether the county clerk subsequently complies with the deadline and the date on which
789779 747the county clerk complies.
790780 748 Section 10. Section 20A-2-503, which is renumbered from Section 20A-2-304.5 is
791781 749renumbered and amended to read:
792782 750 [20A-2-304.5]. 20A-2-503. County clerk's responsibilities -- Updating voter
793783 751registration.
794784 752 (1) (a) Each county clerk shall use the system to record or modify all voter registration
795785 753records.
796786 754 (b) A county clerk shall:
797787 755 (i) at the time the county clerk enters a voter registration record into the system, run the
798788 756system's voter identification verification tool in relation to the record; and
799-757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the Enrolled Copy H.B. 448
800-- 29 -
789+757 (ii) in accordance with rules made under Section 20A-2-507, regularly report to the
801790 758lieutenant governor the information described in Subsection 20A-2-502(4).
802791 759 [(1)] (2) A county clerk who receives notification from the lieutenant governor, as
803792 760provided in Subsection [20A-2-109(1)] 20A-2-502(1)(e), of a change in a registered voter's
804793 761principal place of residence or name may verify the change with the registered voter.
805794 762 [(2)] (3) Unless the county clerk verifies that a change described in Subsection [(1)] (2)
806795 763is incorrect, the county clerk shall:
807796 764 (a) change the voter registration record to show the registered voter's current name and
808797 765address; and
809798 766 (b) notify the registered voter of the change to the voter registration record.
810799 767 (4) A county clerk shall, in accordance with rules made under Section 20A-2-507:
811800 768 (a) on at least a monthly basis, run the duplicate voter utility and take the action
812-769required to resolve potential duplicate data identified by the utility; and
801+769required to resolve potential duplicate data identified by the utility; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
802+- 26 -
813803 770 (b) every December, run the annual maintenance utility.
814804 771 [(3)] (5) (a) If a voter does not vote in any election during the period beginning on the
815805 772date of any regular general election and ending on the day after the date of the next regular
816806 773general election, and the county clerk has not sent the voter a notice described in Section
817807 774[20A-2-306] 20A-2-505 during the period, the county clerk shall, within 14 days after the day
818808 775on which the county clerk runs the annual maintenance utility, send to the voter a preaddressed
819809 776return form in substantially the following form:
820810 777 "VOTER REGISTRATION ADDRESS"
821811 778 To ensure the address on your voter registration is correct, please complete and return
822812 779this form if your address has changed. What is your current street address?
823813 780____________________________________________________________________________
824814 781Street City County State ZIP
825815 782___________________________
826816 783Signature of Voter
827-784 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a H.B. 448
828-Enrolled Copy
829-- 30 -
817+784 (b) The county clerk shall mail the form described in Subsection [(3)(a)] (5)(a) with a
830818 785postal service that will notify the county clerk if the voter has changed the voter's address.
831819 786 Section 11. Section 20A-2-504, which is renumbered from Section 20A-2-305 is
832820 787renumbered and amended to read:
833821 788 [20A-2-305]. 20A-2-504. Removing names from the official register --
834822 789General requirements.
835823 790 (1) The county clerk may not remove a voter's name from the official register solely
836824 791because the voter has failed to vote in an election.
837825 792 (2) The county clerk shall remove a voter's name from the official register if:
838826 793 (a) the voter dies and the requirements of Subsection (3) are met;
839827 794 (b) the county clerk, after complying with the requirements of Section [20A-2-306]
840828 79520A-2-505, receives written confirmation from the voter that the voter no longer resides within
841829 796the county clerk's county;
842830 797 (c) [the county clerk has:]
843831 798 (i) [obtained] the county clerk obtains evidence that the voter's residence has changed;
844832 799 (ii) [mailed] the county clerk mails notice to the voter as required [by] under Section
845-800[20A-2-306] 20A-2-505;
833+800[20A-2-306] 20A-2-505; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
834+- 27 -
846835 801 (iii) the county clerk:
847836 802 (A) [received] receives no response from the voter; or
848837 803 (B) [not received] does not receive information that confirms the voter's residence; and
849838 804 (iv) the voter [has failed to] does not vote or appear to vote in an election during the
850839 805period beginning on the date of the notice described in Section [20A-2-306] 20A-2-505 and
851840 806ending on the day after the date of the second regular general election occurring after the date
852841 807of the notice;
853842 808 (d) the voter requests, in writing, that the voter's name be removed from the official
854843 809register;
855844 810 (e) the county clerk receives notice that a voter has been convicted of any felony or a
856-811misdemeanor for an offense under this title and the voter's right to vote has not been restored as Enrolled Copy H.B. 448
857-- 31 -
845+811misdemeanor for an offense under this title and the voter's right to vote has not been restored as
858846 812provided in Section 20A-2-101.3 or 20A-2-101.5; or
859847 813 (f) the county clerk receives notice that a voter has registered to vote in another state
860848 814after the day on which the voter registered to vote in this state.
861849 815 (3) The county clerk shall remove a voter's name from the official register within five
862850 816business days after the day on which the county clerk receives confirmation from the
863851 817[Department of Health's Bureau] Office of Vital Records that the voter is deceased.
864852 818 (4) No later than 90 days before each primary and general election, the county clerk
865853 819shall update the official register by reviewing the official register and taking the actions
866854 820permitted or required by law under this section, Section [20A-2-304.5] 20A-2-503, and Section
867855 821[20A-2-306] 20A-2-505.
868856 822 Section 12. Section 20A-2-505, which is renumbered from Section 20A-2-306 is
869857 823renumbered and amended to read:
870858 824 [20A-2-306]. 20A-2-505. Removing names from the official register --
871859 825Determining and confirming change of residence.
872860 826 (1) A county clerk may not remove a voter's name from the official register on the
873861 827grounds that the voter has changed residence unless the voter:
874862 828 (a) confirms in writing that the voter has changed residence to a place outside the
875863 829county; or
876864 830 (b) (i) [has not voted] does not vote in an election during the period beginning on the
877-831date of the notice [required by] described in Subsection (3), and ending on the day after the
865+831date of the notice [required by] described in Subsection (3), and ending on the day after the 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
866+- 28 -
878867 832date of the second regular general election occurring after the date of the notice; and
879868 833 (ii) [has failed to] does not respond to the notice [required by] described in Subsection
880869 834(3).
881870 835 (2) (a) [When a] Within 31 days after the day on which a county clerk obtains
882871 836information that a voter's address has changed, [and] if it appears that the voter still resides
883872 837within the same county, the county clerk shall:
884-838 (i) change the official register to show the voter's new address; and H.B. 448
885-Enrolled Copy
886-- 32 -
873+838 (i) change the official register to show the voter's new address; and
887874 839 (ii) send to the voter, by forwardable mail, the notice [required by] described in
888875 840Subsection (3) [printed on a postage prepaid, preaddressed return form].
889876 841 (b) When a county clerk obtains information that a voter's address has changed and it
890877 842appears that the voter now resides in a different county, the county clerk shall verify the
891878 843changed residence by sending to the voter, by forwardable mail, the notice [required by]
892879 844described in Subsection (3), printed on a postage prepaid, preaddressed return form.
893880 845 (3) (a) Each county clerk shall use substantially the following form to notify voters
894881 846whose addresses have changed:
895882 847 "VOTER REGISTRATION NOTICE
896883 848 We have been notified that your residence has changed. Please read, complete, and
897884 849return this form so that we can update our voter registration records. What is your current
898885 850street address?
899886 851___________________________________________________________________________
900887 852Street City County State Zip
901888 853 What is your current phone number (optional)?________________________________
902889 854 What is your current email address (optional)?_________________________________
903890 855 If you have not changed your residence, or have moved but stayed within the same
904891 856county, you must complete and return this form to the county clerk so that it is received by the
905892 857county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
906893 858return this form within that time:
907894 859 - you may be required to show evidence of your address to the poll worker before being
908895 860allowed to vote in either of the next two regular general elections; or
909896 861 - if you fail to vote at least once, from the date this notice was mailed until the passing
910-862of two regular general elections, you will no longer be registered to vote. If you have changed
897+862of two regular general elections, you will no longer be registered to vote. If you have changed 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
898+- 29 -
911899 863your residence and have moved to a different county in Utah, you may register to vote by
912900 864contacting the county clerk in your county.
913-865________________________________________ Enrolled Copy H.B. 448
914-- 33 -
901+865________________________________________
915902 866Signature of Voter
916903 867 PRIVACY INFORMATION
917904 868 Voter registration records contain some information that is available to the public, such
918905 869as your name and address, some information that is available only to government entities, and
919906 870some information that is available only to certain third parties in accordance with the
920907 871requirements of law.
921908 872 Your driver license number, identification card number, social security number, email
922909 873address, full date of birth, and phone number are available only to government entities. Your
923910 874year of birth is available to political parties, candidates for public office, certain third parties,
924911 875and their contractors, employees, and volunteers, in accordance with the requirements of law.
925912 876 You may request that all information on your voter registration records be withheld
926913 877from all persons other than government entities, political parties, candidates for public office,
927914 878and their contractors, employees, and volunteers, by indicating here:
928915 879 _____ Yes, I request that all information on my voter registration records be withheld
929916 880from all persons other than government entities, political parties, candidates for public office,
930917 881and their contractors, employees, and volunteers.
931918 882 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
932919 883 In addition to the protections provided above, you may request that all information on
933920 884your voter registration records be withheld from all political parties, candidates for public
934921 885office, and their contractors, employees, and volunteers, by submitting a withholding request
935922 886form, and any required verification, as described in the following paragraphs.
936923 887 A person may request that all information on the person's voter registration records be
937924 888withheld from all political parties, candidates for public office, and their contractors,
938925 889employees, and volunteers, by submitting a withholding request form with this registration
939926 890record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
940927 891resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
941-892 A person may request that all information on the person's voter registration records be H.B. 448
942-Enrolled Copy
943-- 34 -
944-893withheld from all political parties, candidates for public office, and their contractors,
928+892 A person may request that all information on the person's voter registration records be
929+893withheld from all political parties, candidates for public office, and their contractors, 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
930+- 30 -
945931 894employees, and volunteers, by submitting a withholding request form and any required
946932 895verification with this registration form, or to the lieutenant governor or a county clerk, if the
947933 896person is, or resides with a person who is, a law enforcement officer, a member of the armed
948934 897forces, a public figure, or protected by a protective order or a protection order."
949935 898 (b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
950936 899section in substantially the following form:
951937 900------------------------------------------------------------------------------------------------------------------
952938 901 BALLOT NOTIFICATIONS
953939 902 If you have provided a phone number or email address, you can receive notifications by
954940 903text message or email regarding the status of a ballot that is mailed to you or a ballot that you
955941 904deposit in the mail or in a ballot drop box, by indicating here:
956942 905 ______ Yes, I would like to receive electronic notifications regarding the status of my
957943 906ballot.
958944 907------------------------------------------------------------------------------------------------------------------
959945 908 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
960946 909names of any voters from the official register during the 90 days before a regular primary
961947 910election [and] or the 90 days before a regular general election.
962948 911 (b) The county clerk may remove the names of voters from the official register during
963949 912the 90 days before a regular primary election [and] or the 90 days before a regular general
964950 913election if:
965951 914 (i) the voter requests, in writing, that the voter's name be removed; or
966952 915 (ii) the voter [has died] dies.
967953 916 (c) (i) After a county clerk mails a notice [as required in] under this section, the county
968954 917clerk [may] shall, unless otherwise prohibited by law, list that voter as inactive.
969955 918 (ii) If a county clerk receives a returned voter identification card, determines that there
970-919was no clerical error causing the card to be returned, and has no further information to contact Enrolled Copy H.B. 448
971-- 35 -
956+919was no clerical error causing the card to be returned, and has no further information to contact
972957 920the voter, the county clerk [may] shall, unless otherwise prohibited by law, list that voter as
973958 921inactive.
974959 922 (iii) An inactive voter [shall be allowed to] may vote, sign petitions, and have all other
975960 923privileges of a registered voter.
976-924 (iv) A county is not required to:
961+924 (iv) A county is not required to: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
962+- 31 -
977963 925 (A) send routine mailings to an inactive voter [and is not required to]; or
978964 926 (B) count inactive voters when dividing precincts and preparing supplies.
979965 927 (5) [Beginning on or before January 1, 2022, the] The lieutenant governor shall make
980966 928available to a county clerk United States Social Security Administration data received by the
981967 929lieutenant governor regarding deceased individuals.
982968 930 (6) A county clerk shall, within ten business days after the day on which the county
983969 931clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
984970 932relating to a decedent whose name appears on the official register, remove the decedent's name
985971 933from the official register.
986972 934 (7) Ninety days before each primary and general election the lieutenant governor shall
987973 935compare the information the lieutenant governor has received under Subsection 26-2-13(11)
988974 936with the official register of voters to ensure that all deceased voters have been removed from
989975 937the official register.
990976 938 Section 13. Section 20A-2-506, which is renumbered from Section 20A-2-308 is
991977 939renumbered and amended to read:
992978 940 [20A-2-308]. 20A-2-506. Lieutenant governor and county clerks to
993979 941preserve records.
994980 942 (1) As used in this section:
995981 943 (a) "Voter registration record" means a record concerning the implementation of
996982 944programs and activities conducted for the purpose of ensuring that the official register is
997983 945accurate and current.
998-946 (b) "Voter registration record" does not include a record that: H.B. 448
999-Enrolled Copy
1000-- 36 -
984+946 (b) "Voter registration record" does not include a record that:
1001985 947 (i) relates to a person's decision to decline to register to vote; or
1002986 948 (ii) identifies the particular public assistance agency, discretionary voter registration
1003987 949agency, or Driver License Division through which a particular voter registered to vote.
1004988 950 (2) The lieutenant governor and each county clerk shall:
1005989 951 (a) preserve for at least two years all records relating to voter registration, including:
1006990 952 (i) the official register; and
1007991 953 (ii) [the names and addresses of all persons] the name and address of each individual to
1008992 954whom the notice required by Section [20A-2-306] 20A-2-505 was sent and a notation [as to
1009-955whether or not the person] regarding whether the individual responded to the notice;
993+955whether or not the person] regarding whether the individual responded to the notice; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
994+- 32 -
1010995 956 (b) make a voter registration record available for public inspection, except for a voter
1011996 957registration record, or part of a voter registration record that is classified as private under
1012997 958Section 63G-2-302; and
1013998 959 (c) allow a record or part of a record described in Subsection (2)(b) that is not
1014999 960classified as a private record to be photocopied for a reasonable cost.
10151000 961 (3) The lieutenant governor shall take, and store for at least 22 months, a static copy of
10161001 962the official register made at the following times:
10171002 963 (a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
10181003 964 (b) the day of the election; and
10191004 965 (c) the last day of the canvass.
10201005 966 Section 14. Section 20A-2-507 is enacted to read:
10211006 967 20A-2-507. Rulemaking authority relating to voter registration records.
10221007 968 The director of elections within the Office of the Lieutenant Governor shall make rules,
10231008 969in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act:
10241009 970 (1) to regulate the use, security, maintenance, data entry, and update of the system;
10251010 971 (2) establishing duties and deadlines for a county clerk to:
10261011 972 (a) ensure that the database is updated, accurate, and secure; and
1027-973 (b) regularly report to the lieutenant governor the information described in Subsection Enrolled Copy H.B. 448
1028-- 37 -
1012+973 (b) regularly report to the lieutenant governor the information described in Subsection
10291013 97420A-2-502(4); and
10301014 975 (3) establishing requirements for a county clerk in relation to:
10311015 976 (a) running the utilities and tools in the system;
10321016 977 (b) actions that the county clerk is required to take in response to the matters identified,
10331017 978or the results produced, from running the utilities and tools; and
10341018 979 (c) documenting and reporting compliance with the requirements of this part and rules
10351019 980made under this section.
10361020 981 Section 15. Section 20A-3a-106 is enacted to read:
10371021 982 20A-3a-106. Rulemaking authority relating to conducting an election.
10381022 983 The director of elections, within the Office of the Lieutenant Governor, may make
10391023 984rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
10401024 985establishing requirements for:
1041-986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and
1025+986 (1) a return envelope described in Subsection 20A-3a-202(4), to ensure uniformity and 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1026+- 33 -
10421027 987security of the envelopes;
10431028 988 (2) complying with the signature comparison audit requirements described in Section
10441029 98920A-3a-402.5; or
10451030 990 (3) conducting and documenting the identity verification process described in
10461031 991Subsection 20A-3a-401(7)(b).
10471032 992 Section 16. Section 20A-3a-202 is amended to read:
10481033 993 20A-3a-202. Conducting election by mail.
10491034 994 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
10501035 995Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
10511036 996accordance with this section.
10521037 997 (b) An individual who did not provide valid voter identification at the time the voter
10531038 998registered to vote shall provide valid voter identification before voting.
10541039 999 (2) An election officer who administers an election:
1055-1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day H.B. 448
1056-Enrolled Copy
1057-- 38 -
1040+1000 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
10581041 1001and no later than seven days before election day, mail to each active voter within a voting
10591042 1002precinct:
10601043 1003 (i) a manual ballot;
10611044 1004 (ii) a return envelope;
10621045 1005 (iii) instructions for returning the ballot that include an express notice about any
10631046 1006relevant deadlines that the voter must meet in order for the voter's vote to be counted;
10641047 1007 (iv) for an election administered by a county clerk, information regarding the location
10651048 1008and hours of operation of any election day voting center at which the voter may vote or a
10661049 1009website address where the voter may view this information;
10671050 1010 (v) for an election administered by an election officer other than a county clerk, if the
10681051 1011election officer does not operate a polling place or an election day voting center, a warning, on
10691052 1012a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
10701053 1013instructions included with the ballot, the voter will be unable to vote in that election because
10711054 1014there will be no polling place for the voting precinct on the day of the election; and
10721055 1015 (vi) [after May 1, 2022,] instructions on how a voter may sign up to receive electronic
10731056 1016ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
1074-1017 (b) may not mail a ballot under this section to:
1057+1017 (b) may not mail a ballot under this section to: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1058+- 34 -
10751059 1018 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
10761060 1019 (ii) a voter whom the election officer is prohibited from sending a ballot under
10771061 1020Subsection [(10)(c)(ii); and] (9)(c)(ii);
10781062 1021 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
10791063 1022include instructions for returning the ballot if the individual to whom the election officer mails
10801064 1023the ballot does not live at the address to which the ballot is sent[.];
10811065 1024 (d) shall provide a method of accessible voting to a voter with a disability who is not
10821066 1025able to vote by mail; and
10831067 1026 (e) shall include, on the election officer's website and with each ballot mailed,
1084-1027instructions regarding how a voter described in Subsection (2)(d) may vote. Enrolled Copy H.B. 448
1085-- 39 -
1068+1027instructions regarding how a voter described in Subsection (2)(d) may vote.
10861069 1028 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
10871070 1029the manual ballot to the address:
10881071 1030 (i) provided at the time of registration; or
10891072 1031 (ii) if, at or after the time of registration, the voter files an alternate address request
10901073 1032form described in Subsection (3)(b), the alternate address indicated on the form.
10911074 1033 (b) The lieutenant governor shall make available to voters an alternate address request
10921075 1034form that permits a voter to request that the election officer mail the voter's ballot to a location
10931076 1035other than the voter's residence.
10941077 1036 (c) A voter shall provide the completed alternate address request form to the election
10951078 1037officer no later than 11 days before the day of the election.
10961079 1038 (4) The return envelope shall include:
10971080 1039 (a) the name, official title, and post office address of the election officer on the front of
10981081 1040the envelope;
10991082 1041 (b) a space where a voter may write an email address and phone number by which the
11001083 1042election officer may contact the voter if the voter's ballot is rejected;
11011084 1043 (c) a printed affidavit in substantially the following form:
11021085 1044 "County of ____State of ____
11031086 1045 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
11041087 1046in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
11051088 1047currently incarcerated for commission of a felony.
1106-1048 ______________________________
1089+1048 ______________________________ 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1090+- 35 -
11071091 1049 Signature of Voter"; and
11081092 1050 (d) a warning that the affidavit must be signed by the individual to whom the ballot
11091093 1051was sent and that the ballot will not be counted if the signature on the affidavit does not match
11101094 1052the signature on file with the election officer of the individual to whom the ballot was sent.
11111095 1053 (5) If the election officer determines that the voter is required to show valid voter
1112-1054identification, the election officer may: H.B. 448
1113-Enrolled Copy
1114-- 40 -
1096+1054identification, the election officer may:
11151097 1055 (a) mail a ballot to the voter;
11161098 1056 (b) instruct the voter to include a copy of the voter's valid voter identification with the
11171099 1057return ballot; and
11181100 1058 (c) provide instructions to the voter on how the voter may sign up to receive electronic
11191101 1059ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
11201102 1060 (6) An election officer who administers an election shall:
11211103 1061 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
11221104 1062election; or
11231105 1063 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
11241106 1064and
11251107 1065 (b) maintain the signatures on file in the election officer's office.
11261108 1066 (7) Upon receipt of a returned ballot, the election officer shall review and process the
11271109 1067ballot under Section 20A-3a-401.
11281110 1068 (8) A county that administers an election:
11291111 1069 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
11301112 1070Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
11311113 1071additional election day voting center for every 5,000 active voters in the county who have
11321114 1072requested to not receive a ballot by mail;
11331115 1073 (b) shall ensure that each election day voting center operated by the county has at least
11341116 1074one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
11351117 1075Pub. L. No. 107-252, for individuals with disabilities;
11361118 1076 (c) may reduce the early voting period described in Section 20A-3a-601, if:
11371119 1077 (i) the county clerk conducts early voting on at least four days;
11381120 1078 (ii) the early voting days are within the period beginning on the date that is 14 days
1139-1079before the date of the election and ending on the day before the election; and
1121+1079before the date of the election and ending on the day before the election; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1122+- 36 -
11401123 1080 (iii) the county clerk provides notice of the reduced early voting period in accordance
1141-1081with Section 20A-3a-604; and Enrolled Copy H.B. 448
1142-- 41 -
1124+1081with Section 20A-3a-604; and
11431125 1082 (d) is not required to pay return postage for a ballot[; and].
11441126 1083 [(e) is subject to an audit conducted under Subsection (9).]
11451127 1084 [(9) (a) The lieutenant governor shall:]
11461128 1085 [(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
11471129 1086an election conducted under this section; and]
11481130 1087 [(ii) after each primary, general, or special election conducted under this section, select
11491131 1088a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
11501132 1089developed under Subsection (9)(a)(i).]
11511133 1090 [(b) The lieutenant governor shall post the results of an audit conducted under this
11521134 1091Subsection (9) on the lieutenant governor's website.]
11531135 1092 [(10)] (9) (a) An individual may request that the election officer not send the individual
11541136 1093a ballot by mail in the next and subsequent elections by submitting a written request to the
11551137 1094election officer.
11561138 1095 (b) An individual shall submit the request described in Subsection [(10)(a)] (9)(a) to
11571139 1096the election officer before 5 p.m. no later than 60 days before an election if the individual does
11581140 1097not wish to receive a ballot by mail in that election.
11591141 1098 (c) An election officer who receives a request from an individual under Subsection
11601142 1099[(10)(a)] (9)(a):
11611143 1100 (i) shall remove the individual's name from the list of voters who will receive a ballot
11621144 1101by mail; and
11631145 1102 (ii) may not send the individual a ballot by mail for:
11641146 1103 (A) the next election, if the individual submits the request described in Subsection
11651147 1104[(10)(a)] (9)(a) before the deadline described in Subsection [(10)(b)] (9)(b); or
11661148 1105 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (9)(c)(ii)(A).
11671149 1106 (d) An individual who submits a request under Subsection [(10)(a)] (9)(a) may resume
11681150 1107the individual's receipt of a ballot by mail by submitting a written request to the election
1169-1108officer. H.B. 448
1170-Enrolled Copy
1171-- 42 -
1151+1108officer.
11721152 1109 Section 17. Section 20A-3a-401 is amended to read:
1173-1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box --
1153+1110 20A-3a-401. Custody of voted ballots mailed or deposited in a ballot drop box -- 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1154+- 37 -
11741155 1111Disposition -- Notice.
11751156 1112 (1) This section governs ballots returned by mail or via a ballot drop box.
11761157 1113 (2) (a) Poll workers shall open return envelopes containing manual ballots that are in
11771158 1114the custody of the poll workers in accordance with [Subsection (2)(b)] this section.
11781159 1115 (b) The poll workers shall, first, compare the signature of the voter on the affidavit of
11791160 1116the return envelope to the signature of the voter in the voter registration records.
11801161 1117 (3) After complying with Subsection (2), the poll workers shall determine whether:
11811162 1118 (a) the signatures correspond;
11821163 1119 (b) the affidavit is sufficient;
11831164 1120 (c) the voter is registered to vote in the correct precinct;
11841165 1121 (d) the voter's right to vote the ballot has been challenged;
11851166 1122 (e) the voter has already voted in the election;
11861167 1123 (f) the voter is required to provide valid voter identification; and
11871168 1124 (g) if the voter is required to provide valid voter identification, whether the voter has
11881169 1125provided valid voter identification.
11891170 1126 (4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
11901171 1127workers determine [that]:
11911172 1128 [(i) the signatures correspond;]
11921173 1129 (i) in accordance with the rules made under Subsection (9):
11931174 1130 (A) that the signature on the affidavit of the return envelope is reasonably consistent
11941175 1131with the individual's signature in the voter registration records; or
11951176 1132 (B) for an individual who checks the box described in Subsection (5)(c)(v), that the
11961177 1133individual's identity is verified by alternative means;
11971178 1134 (ii) that the affidavit is sufficient;
1198-1135 (iii) that the voter is registered to vote in the correct precinct; Enrolled Copy H.B. 448
1199-- 43 -
1179+1135 (iii) that the voter is registered to vote in the correct precinct;
12001180 1136 (iv) that the voter's right to vote the ballot has not been challenged;
12011181 1137 (v) that the voter has not already voted in the election; and
12021182 1138 (vi) for a voter required to provide valid voter identification, that the voter has
12031183 1139provided valid voter identification.
12041184 1140 (b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
1205-1141workers shall:
1185+1141workers shall: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1186+- 38 -
12061187 1142 (i) remove the manual ballot from the return envelope in a manner that does not
12071188 1143destroy the affidavit on the return envelope;
12081189 1144 (ii) ensure that the ballot does not unfold and is not otherwise examined in connection
12091190 1145with the return envelope; and
12101191 1146 (iii) place the ballot with the other ballots to be counted.
12111192 1147 (c) If the poll workers do not make all of the findings described in Subsection (4)(a),
12121193 1148the poll workers shall:
12131194 1149 (i) disallow the vote;
12141195 1150 (ii) without opening the return envelope, [mark across the face of the return envelope:]
12151196 1151record the ballot as "rejected" and state the reason for the rejection; and
12161197 1152 [(A) "Rejected as defective"; or]
12171198 1153 [(B) "Rejected as not a registered voter"; and]
12181199 1154 (iii) place the return envelope, unopened, with the other rejected return envelopes.
12191200 1155 (5) (a) If the poll workers reject an individual's ballot because the poll workers
12201201 1156determine, in accordance with rules made under Subsection (9), that the signature on the return
12211202 1157envelope [does not match] is not reasonably consistent with the individual's signature in the
12221203 1158voter registration records, the election officer shall:
12231204 1159 (i) contact the individual in accordance with Subsection [(7) by mail, email, text
12241205 1160message, or phone, and] (6); and
12251206 1161 (ii) inform the individual:
1226-1162 [(i)] (A) that the individual's signature is in question; H.B. 448
1227-Enrolled Copy
1228-- 44 -
1207+1162 [(i)] (A) that the individual's signature is in question;
12291208 1163 [(ii)] (B) how the individual may resolve the issue; and
12301209 1164 [(iii)] (C) that, in order for the ballot to be counted, the individual is required to deliver
12311210 1165to the election officer a correctly completed affidavit, provided by the county clerk, that meets
12321211 1166the requirements described in Subsection [(5)(b)] (5)(c).
12331212 1167 (b) The election officer shall ensure that the information provided under Subsection
12341213 1168(5)(a) includes:
12351214 1169 (i) when communicating by mail, a printed copy of the affidavit described in
12361215 1170Subsection (5)(c) and a courtesy reply envelope;
12371216 1171 (ii) when communicating electronically, a link to a copy of the affidavit described in
1238-1172Subsection (5)(c) or information on how to obtain a copy of the affidavit; or
1217+1172Subsection (5)(c) or information on how to obtain a copy of the affidavit; or 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1218+- 39 -
12391219 1173 (iii) when communicating by phone, either during a direct conversation with the voter
12401220 1174or in a voicemail, arrangements for the voter to receive a copy of the affidavit described in
12411221 1175Subsection (5)(c), either in person from the clerk's office, by mail, or electronically.
12421222 1176 [(b)] (c) An affidavit described in Subsection [(5)(a)(iii)] (5)(a)(ii)(C) shall include:
12431223 1177 (i) an attestation that the individual voted the ballot;
12441224 1178 (ii) a space for the individual to enter the individual's name, date of birth, and driver
12451225 1179license number or the last four digits of the individual's social security number;
12461226 1180 (iii) a space for the individual to sign the affidavit; [and]
12471227 1181 (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
12481228 1182governor's and county clerk's use of the individual's signature on the affidavit for voter
12491229 1183identification purposes[.]; and
12501230 1184 (v) a check box accompanied by language in substantially the following form:
12511231 1185 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
12521232 1186impacts my ability to sign my name consistently. I can provide appropriate documentation upon
12531233 1187request. To discuss accommodations, I can be contacted at __________________".
12541234 1188 [(c)] (d) In order for an individual described in Subsection (5)(a) to have the
1255-1189individual's ballot counted, the individual shall deliver the affidavit described in Subsection Enrolled Copy H.B. 448
1256-- 45 -
1235+1189individual's ballot counted, the individual shall deliver the affidavit described in Subsection
12571236 1190[(5)(b)] (5)(c) to the election officer.
12581237 1191 [(d)] (e) An election officer who receives a signed affidavit under Subsection [(5)(c)]
12591238 1192(5)(d) shall immediately:
12601239 1193 (i) scan the signature on the affidavit electronically and keep the signature on file in the
12611240 1194statewide voter registration database developed under Section [20A-2-109; and] 20A-2-502;
12621241 1195 (ii) if the election officer receives the affidavit no later than 5 p.m. three days before
12631242 1196the day on which the canvass begins, count the individual's ballot[.]; and
12641243 1197 (iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
12651244 1198rules described in Subsection (9)(c).
12661245 1199 [(6) If the poll workers reject an individual's ballot for any reason, other than the reason
12671246 1200described in Subsection (5)(a), the election officer shall notify the individual of the rejection in
12681247 1201accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
12691248 1202for the rejection.]
1270-1203 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall
1249+1203 [(7) An election officer who is required to give notice under Subsection (5) or (6) shall 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1250+- 40 -
12711251 1204give the notice no later than:]
12721252 1205 [(a) if the election officer rejects the ballot before election day:]
12731253 1206 [(i) one business day after the day on which the election officer rejects the ballot, if the
12741254 1207election officer gives the notice by email or text message; or]
12751255 1208 [(ii) two business days after the day on which the election officer rejects the ballot, if
12761256 1209the election officer gives the notice by postal mail or phone;]
12771257 1210 [(b) seven days after election day if the election officer rejects the ballot on election
12781258 1211day; or]
12791259 1212 [(c) seven days after the canvass if the election officer rejects the ballot after election
12801260 1213day and before the end of the canvass.]
12811261 1214 (6) (a) The election officer shall, within two business days after the day on which an
12821262 1215individual's ballot is rejected, notify the individual of the rejection and the reason for the
1283-1216rejection, by phone, mail, email, or SMS text message, unless: H.B. 448
1284-Enrolled Copy
1285-- 46 -
1263+1216rejection, by phone, mail, email, or SMS text message, unless:
12861264 1217 (i) the ballot is cured within one business day after the day on which the ballot is
12871265 1218rejected; or
12881266 1219 (ii) the ballot is rejected because the ballot is received late or for another reason that
12891267 1220cannot be cured.
12901268 1221 (b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii),
12911269 1222the election officer shall notify the individual of the rejection and the reason for the rejection by
12921270 1223phone, mail, email, or SMS text message, within the later of:
12931271 1224 (i) 30 days after the day of the rejection; or
12941272 1225 (ii) 30 days after the day of the election.
12951273 1226 (c) The election officer may, when notifying an individual by phone under this
12961274 1227Subsection (6), use auto-dial technology.
12971275 1228 [(8)] (7) An election officer may not count the ballot of an individual whom the
12981276 1229election officer contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days
12991277 1230before the day on which the canvass begins, the election officer:
13001278 1231 [(a) the election officer receives a signed affidavit from the individual under
13011279 1232Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the
13021280 1233individual's identity; and]
1303-1234 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation
1281+1234 [(b) the affidavit described in Subsection (8)(a) is received, or the confirmation 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1282+- 41 -
13041283 1235described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
13051284 1236the canvass begins.]
13061285 1237 (a) receives a signed affidavit from the individual under Subsection (5); or
13071286 1238 (b) (i) contacts the individual;
13081287 1239 (ii) if the election officer has reason to believe that an individual, other than the voter
13091288 1240to whom the ballot was sent, signed the ballot affidavit, informs the individual that it is
13101289 1241unlawful to sign a ballot affidavit for another person, even if the person gives permission;
13111290 1242 (iii) verifies the identity of the individual by:
1312-1243 (A) requiring the individual to provide at least two types of personal identifying Enrolled Copy H.B. 448
1313-- 47 -
1291+1243 (A) requiring the individual to provide at least two types of personal identifying
13141292 1244information for the individual;
13151293 1245 (B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
13161294 1246relating to the individual that are in the possession or control of an election officer; and
13171295 1247 (iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
13181296 1248 (A) the name and voter identification number of the individual contacted;
13191297 1249 (B) the name of the individual who conducts the verification;
13201298 1250 (C) the date and manner of the communication;
13211299 1251 (D) the type of personal identifying information provided by the individual;
13221300 1252 (E) a description of the records against which the personal identifying information
13231301 1253provided by the individual is compared and verified; and
13241302 1254 (F) other information required by the lieutenant governor.
13251303 1255 [(9)] (8) The election officer shall:
13261304 1256 (a) retain and preserve the return envelopes in the manner provided by law for the
13271305 1257retention and preservation of ballots voted at that election[.];
13281306 1258 (b) retain and preserve the documentation described in Subsection (7)(b)(iv); and
13291307 1259 (c) if the election officer complies with Subsection (8)(b) by including the
13301308 1260documentation in the voter's voter registration record, make, retain, and preserve a record of the
13311309 1261name and voter identification number of each voter contacted under Subsection (7)(b).
13321310 1262 (9) The director of elections within the Office of the Lieutenant Governor shall make
13331311 1263rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
13341312 1264establish:
1335-1265 (a) criteria and processes for use by poll workers in determining if a signature is
1313+1265 (a) criteria and processes for use by poll workers in determining if a signature is 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1314+- 42 -
13361315 1266reasonably consistent with the signature on file for the voter under Subsections (3)(a) and
13371316 1267(4)(a)(i)(A);
13381317 1268 (b) training and certification requirements for election officers and employees of
13391318 1269election officers regarding the criteria and processes described in Subsection (9)(a); and
1340-1270 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42 H.B. 448
1341-Enrolled Copy
1342-- 48 -
1319+1270 (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42
13431320 1271U.S.C. Secs. 12131 through 12165, an alternative means of verifying the signature of an
13441321 1272individual who checks the box described in Subsection (5)(c)(v).
13451322 1273 Section 18. Section 20A-3a-401.1 is enacted to read:
13461323 1274 20A-3a-401.1. Ballot chain of custody.
13471324 1275 (1) As used in this section:
13481325 1276 (a) "Batch" means a grouping of a specified number of ballots:
13491326 1277 (i) that is assembled by poll workers, and given a number to distinguish the grouping
1350-1278from other groupings, when the ballots are first received for processing;
1327+1278from other groupings, when the ballots are first received for processing:
13511328 1279 (ii) that is kept together in the same grouping, and kept separate from other groupings,
13521329 1280throughout ballot processing; and
13531330 1281 (iii) for which a log is kept to document the chain of custody of the grouping.
13541331 1282 (b) "Processed" means an action taken in relation to a batch, a ballot in a batch, or a
13551332 1283return envelope that a poll worker has not separated from a ballot, as follows:
13561333 1284 (i) starting with receiving the ballot;
13571334 1285 (ii) each step taken in relation to a ballot as part of conducting an election; and
13581335 1286 (iii) ending after the ballots are counted and stored.
13591336 1287 (2) An election officer shall preserve the chain of custody of all ballots in accordance
13601337 1288with this section.
13611338 1289 (3) An election officer shall maintain an accurate, updated count of the number of
13621339 1290ballots that the election officer:
13631340 1291 (a) mails or otherwise provides to a voter;
13641341 1292 (b) receives from a voter;
13651342 1293 (c) counts;
13661343 1294 (d) rejects;
13671344 1295 (e) resolves after rejecting; or
1368-1296 (f) does not resolve after rejecting.
1369-1297 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll Enrolled Copy H.B. 448
1370-- 49 -
1345+1296 (f) does not resolve after rejecting. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1346+- 43 -
1347+1297 (4) Upon receiving ballots cast by voters, the election officer shall ensure that poll
13711348 1298workers immediately count the number of ballots received and divide the ballots into batches.
13721349 1299 (5) The election officer shall ensure that:
13731350 1300 (a) ballots in each batch are kept separate from the ballots in other batches;
13741351 1301 (b) a ballot is not separated from a batch, except as necessary to the election process;
13751352 1302 (c) if a ballot is separated from a batch, the batch log indicates:
13761353 1303 (i) the ballot number;
13771354 1304 (ii) the date and time of removal;
13781355 1305 (iii) the identity of the individual who removes the ballot; and
13791356 1306 (iv) the reason the ballot is removed;
13801357 1307 (d) poll workers shall keep for each batch a log that includes:
13811358 1308 (i) a unique identifying code or number for the batch;
13821359 1309 (ii) the number of ballots in the batch;
13831360 1310 (iii) the date that the ballots were received; and
13841361 1311 (iv) for each occasion that the batches, or any of the ballots in the batches, are handled:
13851362 1312 (A) the date and time that the ballots are handled;
13861363 1313 (B) a description of what is done with the ballots;
13871364 1314 (C) the identity of the poll workers who handle the ballots; and
13881365 1315 (D) any other information required by rule under Subsection (7);
13891366 1316 (e) an election official who performs a ballot processing function performs the function
13901367 1317in the presence of at least one other election official;
13911368 1318 (f) to the extent reasonably possible, the poll workers who perform a ballot processing
13921369 1319function for a batch complete performing that function for the entire batch; and
13931370 1320 (g) each part of the processing of all ballots is monitored by recorded video, without
13941371 1321audio.
13951372 1322 (6) An election officer shall:
13961373 1323 (a) keep the recordings described in Subsection (5)(g) until the later of:
1397-1324 (i) the end of the calendar year in which the election was held; or H.B. 448
1398-Enrolled Copy
1399-- 50 -
1374+1324 (i) the end of the calendar year in which the election was held; or
14001375 1325 (ii) if the election is contested, when the contest is resolved; and
14011376 1326 (b) ensure that a camera, a video, or a recording of a video described in Subsection
1402-1327(5)(g) may only be accessed:
1377+1327(5)(g) may only be accessed: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1378+- 44 -
14031379 1328 (i) by the election officer;
14041380 1329 (ii) by a custodian of the camera, video, or recording;
14051381 1330 (iii) by the lieutenant governor;
14061382 1331 (iv) by the legislative auditor general, when performing an audit; or
14071383 1332 (v) by, or pursuant to an order of, a court of competent jurisdiction.
14081384 1333 (7) An individual may not view a video, or a recording of a video, described in
14091385 1334Subsection (5)(g):
14101386 1335 (a) unless the individual is an individual described in Subsection (6)(b); and
14111387 1336 (b) the individual views the video to the extent necessary to:
14121388 1337 (i) ensure compliance with Subsection (5)(g) or (6); or
14131389 1338 (ii) investigate a concern relating to the processing of ballots.
14141390 1339 (8) The director of elections within the Office of the Lieutenant Governor may make
14151391 1340rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
14161392 1341establishing specific requirements and procedures for an election officer or poll worker to:
14171393 1342 (a) fulfill the chain of custody requirements described in this section;
14181394 1343 (b) perform the signature verification audits described in Section 20A-3a-402.5; and
14191395 1344 (c) comply with the reconciliation requirements described in Subsection
14201396 134520A-4-304(2)(h).
14211397 1346 Section 19. Section 20A-3a-401.5 is amended to read:
14221398 1347 20A-3a-401.5. Ballot tracking system.
14231399 1348 (1) As used in this section:
14241400 1349 (a) "Ballot tracking system" means the system described in this section to track and
14251401 1350confirm the status of trackable ballots.
1426-1351 (b) "Change in the status" includes: Enrolled Copy H.B. 448
1427-- 51 -
1402+1351 (b) "Change in the status" includes:
14281403 1352 (i) when a trackable ballot is mailed to a voter;
14291404 1353 (ii) when an election official receives a voted trackable ballot; and
14301405 1354 (iii) when a voted trackable ballot is counted.
14311406 1355 (c) "Trackable ballot" means a manual ballot that is:
14321407 1356 (i) mailed to a voter in accordance with Section 20A-3a-202;
14331408 1357 (ii) deposited in the mail by a voter in accordance with Section 20A-3a-204; or
1434-1358 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204.
1409+1358 (iii) deposited in a ballot drop box by a voter in accordance with Section 20A-3a-204. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1410+- 45 -
14351411 1359 (d) "Voter registration database" means the [statewide voter registration database
14361412 1360described in Section 20A-2-109] database, as defined in Section 20A-2-501.
14371413 1361 (2) [(a)] The lieutenant governor shall [develop] operate and maintain a statewide or
14381414 1362locally based system to track and confirm when there is a change in the status of a trackable
14391415 1363ballot.
14401416 1364 [(b) The ballot tracking system shall be operational on or before May 1, 2022.]
14411417 1365 (3) [Beginning on May 1, 2022, if] If a voter elects to receive electronic notifications
14421418 1366regarding the status of the voter's trackable ballot, the ballot tracking system shall, when there
14431419 1367is a change in the status of the voter's trackable ballot:
14441420 1368 (a) send a text message notification to the voter if the voter's information in the voter
14451421 1369registration database includes a mobile telephone number;
14461422 1370 (b) send an email notification to the voter if the voter's information in the voter
14471423 1371registration database includes an email address; and
14481424 1372 (c) send a notification by another electronic means directed by the lieutenant governor.
14491425 1373 (4) The lieutenant governor shall ensure that the ballot tracking system and the
14501426 1374state-provided website described in Section 20A-7-801 automatically share appropriate
14511427 1375information to ensure that a voter is able to confirm the status of the voter's trackable ballot via
14521428 1376the state-provided website free of charge.
14531429 1377 (5) The ballot tracking system shall include a toll-free telephone number or other
1454-1378offline method by which a voter can confirm the status of the voter's trackable ballot. H.B. 448
1455-Enrolled Copy
1456-- 52 -
1430+1378offline method by which a voter can confirm the status of the voter's trackable ballot.
14571431 1379 (6) The lieutenant governor shall ensure that the ballot tracking system:
14581432 1380 (a) is secure from unauthorized use by employing data encryption or other security
14591433 1381measures; and
14601434 1382 (b) is only used for the purposes described in this section.
14611435 1383 Section 20. Section 20A-3a-402.5 is enacted to read:
14621436 1384 20A-3a-402.5. Signature verification audits.
14631437 1385 (1) An election officer shall, in accordance with this section and rules made under
14641438 1386Section 20A-3a-106, conduct regular audits of signature comparisons made between signatures
14651439 1387on envelopes and voter signatures maintained by the election officer.
14661440 1388 (2) An individual who conducts an audit of signature comparisons may not audit the
1467-1389individual's own work.
1441+1389individual's own work. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1442+- 46 -
14681443 1390 (3) Before separating ballots from return envelopes, the election officer shall:
14691444 1391 (a) audit 1% of all signature comparisons of the envelopes to be separated to determine
14701445 1392the accuracy of the comparisons made; and
14711446 1393 (b) provide additional training or staff reassignments, as needed, based on the results of
14721447 1394the audit.
14731448 1395 (4) An election officer shall submit to the lieutenant governor and the board of
14741449 1396canvassers a record of:
14751450 1397 (a) the audits performed under this section;
14761451 1398 (b) the results of the audits; and
14771452 1399 (c) any remedial action taken.
14781453 1400 Section 21. Section 20A-3a-405 is amended to read:
14791454 1401 20A-3a-405. Ballot statistics.
14801455 1402 (1) [An] Except as provided in Subsection (5)(a), an election officer shall post and
14811456 1403update the data described in Subsection (2) on the election officer's website, on the following
14821457 1404days, after the election officer finishes processing ballots on that day:
1483-1405 (a) the day on which the election officer begins mailing ballots; Enrolled Copy H.B. 448
1484-- 53 -
1458+1405 (a) the day on which the election officer begins mailing ballots;
14851459 1406 (b) [except as provided in Subsection (5)(a), until the day described in Subsection
14861460 1407(1)(c),] each Monday, Wednesday, and Friday after the day described in Subsection (1)(a), until
14871461 1408the final posting described in Subsection (1)(c); and
14881462 1409 (c) the [Friday before] Wednesday after the day of the election.
14891463 1410 (2) The data that an election officer is required to post under Subsection (1) includes:
14901464 1411 (a) the number of ballots in the county clerk's possession; and
14911465 1412 (b) of the number of ballots described in Subsection (2)(a):
14921466 1413 (i) the number of ballots that have not yet begun processing;
14931467 1414 (ii) the number of ballots in process; and
14941468 1415 (iii) the number of ballots processed.
14951469 1416 (3) Except as provided in Subsection (5)(b), an election officer shall post and update
14961470 1417the data described in Subsection (4) on the election officer's website on the following days:
14971471 1418 (a) the Friday after the day of the election;
14981472 1419 (b) [until the day described in Subsection (3)(c),] each Monday, Wednesday, and
1499-1420Friday after the day described in Subsection (3)(a), until the final posting described in
1473+1420Friday after the day described in Subsection (3)(a), until the final posting described in 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1474+- 47 -
15001475 1421Subsection (3)(c); and
15011476 1422 (c) on the last day of the canvass.
15021477 1423 (4) The data that an election officer is required to post under Subsection (3) includes:
15031478 1424 (a) a best estimate of the number of ballots received, to date, by the election officer;
15041479 1425 (b) the number of ballots in possession of the election officer that have been rejected
15051480 1426and are not yet cured;
15061481 1427 (c) the number of provisional ballots in the possession of the election officer that have
15071482 1428not been processed;
15081483 1429 (d) the number of ballots that need to be adjudicated, but have not yet been
15091484 1430adjudicated;
15101485 1431 (e) the number of ballots awaiting replication; and
1511-1432 (f) the number of ballots that have been replicated. H.B. 448
1512-Enrolled Copy
1513-- 54 -
1486+1432 (f) the number of ballots that have been replicated.
15141487 1433 (5) (a) [Except for the Monday described in Subsection (1)(c), an] An election officer
15151488 1434is not required to update the data described in Subsection (2) on a Monday if the election
15161489 1435officer does not process any ballots the preceding Saturday or Sunday.
15171490 1436 (b) An election officer is not required to update the data described in Subsection (4) on
15181491 1437a Monday if the election officer does not process any ballots the preceding Saturday or Sunday.
15191492 1438 Section 22. Section 20A-4-102 is amended to read:
15201493 1439 20A-4-102. Manual ballots cast at a polling place -- Counting manual ballots at
15211494 1440polling place on day of election after polls close.
15221495 1441 (1) (a) This section governs counting manual ballots on the day of an election, if:
15231496 1442 (i) the ballots are cast at a polling place; and
15241497 1443 (ii) the ballots are counted at the polling place after the polls close.
15251498 1444 (b) Except as provided in Subsection (2) or a rule made under Subsection
15261499 144520A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
15271500 1446the election judges shall count the ballots by performing the tasks specified in this section in
15281501 1447the order that they are specified.
15291502 1448 (c) To resolve questions that arise during the counting of ballots, a counting judge shall
15301503 1449apply the standards and requirements of:
15311504 1450 (i) to the extent applicable, Section 20A-4-105; and
1532-1451 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
1505+1451 (ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1506+- 48 -
15331507 1452Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).
15341508 1453 (2) (a) First, the election judges shall count the number of ballots in the ballot box.
15351509 1454 (b) (i) If there are more ballots in the ballot box than there are names entered in the
15361510 1455pollbook, the judges shall examine the official endorsements on the ballots.
15371511 1456 (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the proper
15381512 1457official endorsement, the judges shall put those ballots in an excess ballot file and not count
15391513 1458them.
1540-1459 (c) (i) If, after examining the official endorsements, there are still more ballots in the Enrolled Copy H.B. 448
1541-- 55 -
1514+1459 (c) (i) If, after examining the official endorsements, there are still more ballots in the
15421515 1460ballot box than there are names entered in the pollbook, the judges shall place the remaining
15431516 1461ballots back in the ballot box.
15441517 1462 (ii) One of the judges, without looking, shall draw a number of ballots equal to the
15451518 1463excess from the ballot box.
15461519 1464 (iii) The judges shall put those excess ballots into the excess ballot envelope and not
15471520 1465count them.
15481521 1466 (d) When the ballots in the ballot box equal the number of names entered in the
15491522 1467pollbook, the judges shall count the votes.
15501523 1468 (3) The judges shall:
15511524 1469 (a) place all unused ballots in the envelope or container provided for return to the
15521525 1470county clerk or city recorder; and
15531526 1471 (b) seal that envelope or container.
15541527 1472 (4) The judges shall:
15551528 1473 (a) place all of the provisional ballot envelopes in the envelope provided for them for
15561529 1474return to the election officer; and
15571530 1475 (b) seal that envelope or container.
15581531 1476 (5) (a) In counting the votes, the election judges shall read and count each ballot
15591532 1477separately.
15601533 1478 (b) In regular primary elections the judges shall:
15611534 1479 (i) count the number of ballots cast for each party;
15621535 1480 (ii) place the ballots cast for each party in separate piles; and
15631536 1481 (iii) count all the ballots for one party before beginning to count the ballots cast for
1564-1482other parties.
1537+1482other parties. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1538+- 49 -
15651539 1483 (6) (a) In all elections, the counting judges shall, except as provided in Part 6,
15661540 1484Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
15671541 148520A-4-101(2)(f)(i):
1568-1486 (i) count one vote for each candidate designated by the marks in the squares next to the H.B. 448
1569-Enrolled Copy
1570-- 56 -
1542+1486 (i) count one vote for each candidate designated by the marks in the squares next to the
15711543 1487candidate's name;
15721544 1488 (ii) count each vote for each write-in candidate who has qualified by filing a
15731545 1489declaration of candidacy under Section 20A-9-601;
15741546 1490 (iii) read every name marked on the ballot and mark every name upon the tally sheets
15751547 1491before another ballot is counted;
15761548 1492 (iv) evaluate each ballot and each vote based on the standards and requirements of
15771549 1493Section 20A-4-105;
15781550 1494 (v) write the word "spoiled" on the back of each ballot that lacks the official
15791551 1495endorsement and deposit it in the spoiled ballot envelope; and
15801552 1496 (vi) read, count, and record upon the tally sheets the votes that each candidate and
15811553 1497ballot proposition received from all ballots, except excess or spoiled ballots.
15821554 1498 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
15831555 1499persons clearly not eligible to qualify for office.
15841556 1500 (c) The judges shall certify to the accuracy and completeness of the tally list in the
15851557 1501space provided on the tally list.
15861558 1502 (d) When the judges have counted all of the voted ballots, they shall record the results
15871559 1503on the total votes cast form.
15881560 1504 (7) [(7)] (a) [Only] Except as provided in Subsection (7)(b), only an election judge and
15891561 1505a watcher may be present at the place where counting is conducted until the count is completed.
15901562 1506 (b) The lieutenant governor may be present at the place where counting is conducted,
15911563 1507regardless of whether the count is completed.
15921564 1508 Section 23. Section 20A-4-104 is amended to read:
15931565 1509 20A-4-104. Counting ballots electronically.
15941566 1510 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
15951567 1511election officer shall test the automatic tabulating equipment to ensure that it will accurately
15961568 1512count the votes cast for all offices and all measures.
1597-1513 (b) The election officer shall provide public notice of the time and place of the test: Enrolled Copy H.B. 448
1598-- 57 -
1569+1513 (b) The election officer shall provide public notice of the time and place of the test: 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1570+- 50 -
15991571 1514 (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
16001572 1515circulation in the county, municipality, or jurisdiction where the equipment is used;
16011573 1516 (B) at least 10 days before the day of the test, by posting one notice, and at least one
16021574 1517additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
16031575 1518within the county, municipality, or jurisdiction that are most likely to give notice to the voters
16041576 1519in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
16051577 1520 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
16061578 1521in the county, municipality, or jurisdiction where the equipment is used;
16071579 1522 (ii) by posting notice on the Utah Public Notice Website, created in Section
16081580 152363A-16-601, for four weeks before the day of the test; and
16091581 1524 (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
16101582 1525website for four weeks before the day of the test.
16111583 1526 (c) The election officer shall conduct the test by processing a preaudited group of
16121584 1527ballots.
16131585 1528 (d) The election officer shall ensure that:
16141586 1529 (i) a predetermined number of valid votes for each candidate and measure are recorded
16151587 1530on the ballots;
16161588 1531 (ii) for each office, one or more ballots have votes in excess of the number allowed by
16171589 1532law in order to test the ability of the automatic tabulating equipment to reject those votes; and
16181590 1533 (iii) a different number of valid votes are assigned to each candidate for an office, and
16191591 1534for and against each measure.
16201592 1535 (e) If any error is detected, the election officer shall determine the cause of the error
16211593 1536and correct it.
16221594 1537 (f) The election officer shall ensure that:
16231595 1538 (i) the automatic tabulating equipment produces an errorless count before beginning
16241596 1539the actual counting; and
1625-1540 (ii) [the automatic tabulating equipment passes the same test at the end of the count H.B. 448
1626-Enrolled Copy
1627-- 58 -
1597+1540 (ii) [the automatic tabulating equipment passes the same test at the end of the count
16281598 1541]before the election returns are approved as official[.], the automatic tabulating equipment
16291599 1542passes a post election audit conducted in accordance with the rules described in Subsection
16301600 154320A-1-108(1).
1631-1544 (2) (a) The election officer or the election officer's designee shall supervise and direct
1601+1544 (2) (a) The election officer or the election officer's designee shall supervise and direct 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1602+- 51 -
16321603 1545all proceedings at the counting center.
16331604 1546 (b) (i) Proceedings at the counting center are public and may be observed by interested
16341605 1547persons.
16351606 1548 (ii) Only those persons authorized to participate in the count may touch any ballot or
16361607 1549return.
16371608 1550 (c) The election officer shall deputize and administer an oath or affirmation to all
16381609 1551persons who are engaged in processing and counting the ballots that they will faithfully
16391610 1552perform their assigned duties.
16401611 1553 (3) (a) If any ballot is damaged or defective so that it cannot properly be counted by the
16411612 1554automatic tabulating equipment, the election officer shall ensure that two counting judges
16421613 1555jointly:
16431614 1556 (i) make a true replication of the ballot with an identifying serial number;
16441615 1557 (ii) substitute the replicated ballot for the damaged or defective ballot;
16451616 1558 (iii) label the replicated ballot "replicated"; and
16461617 1559 (iv) record the replicated ballot's serial number on the damaged or defective ballot.
16471618 1560 (b) The lieutenant governor shall provide to each election officer a standard form on
16481619 1561which the election officer shall maintain a log of all replicated ballots, that includes, for each
16491620 1562ballot:
16501621 1563 (i) the serial number described in Subsection (3)(a);
16511622 1564 (ii) the identification of the individuals who replicated the ballot;
16521623 1565 (iii) the reason for the replication; and
16531624 1566 (iv) any other information required by the lieutenant governor.
1654-1567 (c) An election officer shall: Enrolled Copy H.B. 448
1655-- 59 -
1625+1567 (c) An election officer shall:
16561626 1568 (i) maintain the log described in Subsection (3)(b) in a complete and legible manner, as
16571627 1569ballots are replicated;
16581628 1570 (ii) at the end of each day during which one or more ballots are replicated, make an
16591629 1571electronic copy of the log; and
16601630 1572 (iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
16611631 1573 (4) The election officer may:
16621632 1574 (a) conduct an unofficial count before conducting the official count in order to provide
1663-1575early unofficial returns to the public;
1633+1575early unofficial returns to the public; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1634+- 52 -
16641635 1576 (b) release unofficial returns from time to time after the polls close; and
16651636 1577 (c) report the progress of the count for each candidate during the actual counting of
16661637 1578ballots.
16671638 1579 (5) Beginning on the day after the date of the election, if an election officer releases
16681639 1580early unofficial returns or reports the progress of the count for each candidate under Subsection
16691640 1581(4), the election officer shall, with each release or report, disclose an estimate of the total
16701641 1582number of voted ballots in the election officer's custody that have not yet been counted.
16711642 1583 (6) The election officer shall review and evaluate the provisional ballot envelopes and
16721643 1584prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
16731644 1585 (7) (a) The election officer or the election officer's designee shall:
16741645 1586 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
16751646 1587 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
16761647 1588 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
16771648 1589more votes for an office than that voter is entitled to vote for that office, the poll workers shall
16781649 1590count the valid write-in vote as being the obvious intent of the voter.
16791650 1591 (8) (a) The election officer shall certify the return printed by the automatic tabulating
16801651 1592equipment, to which have been added write-in and absentee votes, as the official return of each
16811652 1593voting precinct.
1682-1594 (b) Upon completion of the count, the election officer shall make official returns open H.B. 448
1683-Enrolled Copy
1684-- 60 -
1653+1594 (b) Upon completion of the count, the election officer shall make official returns open
16851654 1595to the public.
16861655 1596 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
16871656 1597tabulating equipment, the election officer may direct that they be counted manually according
16881657 1598to the procedures and requirements of this part.
16891658 1599 (10) After the count is completed, the election officer shall seal and retain the
16901659 1600programs, test materials, and ballots as provided in Section 20A-4-202.
16911660 1601 Section 24. Section 20A-4-106 is amended to read:
16921661 1602 20A-4-106. Manual ballots -- Sealing.
16931662 1603 (1) After the official canvas of an election, the election officer shall store all election
16941663 1604returns in containers that identify the containers' contents.
16951664 1605 (2) After the ballots are stored under Subsection (1), the ballots may not be examined
1696-1606by anyone, except as follows:
1665+1606by anyone, except as follows: 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1666+- 53 -
16971667 1607 (a) when examined during a recount conducted under the authority of Section
16981668 160820A-4-401 or Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
16991669 1609Project[.]; or
17001670 1610 (b) the lieutenant governor may examine the ballots:
17011671 1611 (i) until the later of:
17021672 1612 (A) the end of the calendar year in which the election was held; or
17031673 1613 (B) if the election is contested, when the contest is resolved; or
17041674 1614 (ii) at any time via a subpoena or other legal process.
17051675 1615 Section 25. Section 20A-4-109 is enacted to read:
17061676 1616 20A-4-109. Ballot reconciliation -- Rulemaking authority.
17071677 1617 (1) In accordance with this section and rules made under Subsection (2), an election
17081678 1618officer whose office processes ballots shall:
17091679 1619 (a) conduct ballot reconciliations every time ballots are tabulated;
17101680 1620 (b) conduct a final ballot reconciliation when an election officer concludes processing
1711-1621all ballots; Enrolled Copy H.B. 448
1712-- 61 -
1681+1621all ballots;
17131682 1622 (c) document each ballot reconciliation;
17141683 1623 (d) publicly release the results of each ballot reconciliation; and
17151684 1624 (e) in conducting ballot reconciliations:
17161685 1625 (i) ensure that the number of ballots received for processing, the number of ballots
17171686 1626processed, and the number of voters given credit for voting, are equal; or
17181687 1627 (ii) if the numbers described in Subsection (1)(e)(i) are not equal, account for and
17191688 1628explain the differences in the numbers.
17201689 1629 (2) The director of elections within the Office of the Lieutenant Governor may make
17211690 1630rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
17221691 1631establishing procedures and requirements for conducting, documenting, and publishing a ballot
17231692 1632reconciliation.
17241693 1633 Section 26. Section 20A-4-202 is amended to read:
17251694 1634 20A-4-202. Election officers -- Disposition of ballots -- Release of number of
17261695 1635provisional ballots cast.
17271696 1636 (1) Upon receipt of the election returns from the poll workers, the election officer shall:
1728-1637 (a) ensure that the poll workers have provided all of the ballots and election returns;
1697+1637 (a) ensure that the poll workers have provided all of the ballots and election returns; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1698+- 54 -
17291699 1638 (b) inspect the ballots and election returns to ensure that they are sealed;
17301700 1639 (c) for manual ballots, deposit and lock the ballots and election returns in a safe and
17311701 1640secure place;
17321702 1641 (d) for mechanical ballots:
17331703 1642 (i) count the ballots; and
17341704 1643 (ii) deposit and lock the ballots and election returns in a safe and secure place; and
17351705 1644 (e) for bond elections, provide a copy of the election results to the board of canvassers
17361706 1645of the local political subdivision that called the bond election.
17371707 1646 (2) Each election officer shall:
17381708 1647 (a) before 5 p.m. on the day after the date of the election, determine the number of
1739-1648provisional ballots cast within the election officer's jurisdiction and make that number available H.B. 448
1740-Enrolled Copy
1741-- 62 -
1709+1648provisional ballots cast within the election officer's jurisdiction and make that number available
17421710 1649to the public;
17431711 1650 (b) preserve ballots for 22 months after the election or until the time has expired during
17441712 1651which the ballots could be used in an election contest;
17451713 1652 (c) preserve all other official election returns for at least 22 months after an election;
17461714 1653and
17471715 1654 (d) after that time, destroy them without opening or examining them.
17481716 1655 (3) (a) The election officer shall package and retain all tabulating cards and other
17491717 1656materials used in the programming of the automatic tabulating equipment.
17501718 1657 (b) The election officer:
17511719 1658 (i) may access these tabulating cards and other materials;
17521720 1659 (ii) may make copies of these materials and make changes to the copies;
17531721 1660 (iii) may not alter or make changes to the materials themselves; and
17541722 1661 (iv) within 22 months after the election in which they were used, may dispose of those
17551723 1662materials or retain them.
17561724 1663 (4) (a) If an election contest is begun within 12 months, the election officer shall,
17571725 1664except as provided in Subsection (4)(c):
17581726 1665 (i) keep the ballots and election returns unopened and unaltered until the contest is
17591727 1666complete; or
17601728 1667 (ii) surrender the ballots and election returns to the custody of the court having
1761-1668jurisdiction of the contest when ordered or subpoenaed to do so by that court.
1729+1668jurisdiction of the contest when ordered or subpoenaed to do so by that court. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1730+- 55 -
17621731 1669 (b) [When] Except as provided in Subsection (4)(c), when all election contests arising
17631732 1670from an election are complete, the election officer shall either:
17641733 1671 (i) retain the ballots and election returns until the time for preserving them under this
17651734 1672section has run; or
17661735 1673 (ii) destroy the ballots and election returns remaining in the election officer's custody
17671736 1674without opening or examining them if the time for preserving them under this section has run.
1768-1675 (c) The lieutenant governor may examine the ballots and election returns described in Enrolled Copy H.B. 448
1769-- 63 -
1737+1675 (c) The lieutenant governor may examine the ballots and election returns described in
17701738 1676this Subsection (4).
17711739 1677 (5) (a) Notwithstanding the provisions of this section, the legislative auditor general:
17721740 1678 (i) may make and keep copies of ballots or election returns as part of a legislative audit;
17731741 1679and
17741742 1680 (ii) may not examine, make copies, or keep copies, of a ballot in a manner that
17751743 1681identifies a ballot with the voter who casts the ballot.
17761744 1682 (b) A copy described in Subsection (5)(a) is not a record, and not subject to disclosure,
17771745 1683under Title 63G, Chapter 2, Government Records Access and Management Act.
17781746 1684 Section 27. Section 20A-4-304 is amended to read:
17791747 1685 20A-4-304. Declaration of results -- Canvassers' report.
17801748 1686 (1) Each board of canvassers shall:
17811749 1687 (a) except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project,
17821750 1688declare "elected" or "nominated" those persons who:
17831751 1689 (i) had the highest number of votes; and
17841752 1690 (ii) sought election or nomination to an office completely within the board's
17851753 1691jurisdiction;
17861754 1692 (b) declare:
17871755 1693 (i) "approved" those ballot propositions that:
17881756 1694 (A) had more "yes" votes than "no" votes; and
17891757 1695 (B) were submitted only to the voters within the board's jurisdiction; or
17901758 1696 (ii) "rejected" those ballot propositions that:
17911759 1697 (A) had more "no" votes than "yes" votes or an equal number of "no" votes and "yes"
17921760 1698votes; and
1793-1699 (B) were submitted only to the voters within the board's jurisdiction;
1761+1699 (B) were submitted only to the voters within the board's jurisdiction; 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1762+- 56 -
17941763 1700 (c) certify the vote totals for persons and for and against ballot propositions that were
17951764 1701submitted to voters within and beyond the board's jurisdiction and transmit those vote totals to
1796-1702the lieutenant governor; and H.B. 448
1797-Enrolled Copy
1798-- 64 -
1765+1702the lieutenant governor; and
17991766 1703 (d) if applicable, certify the results of each local district election to the local district
18001767 1704clerk.
18011768 1705 (2) [As soon as the result is declared, the election officer shall prepare a report of the
18021769 1706result, which shall contain] The election officer shall submit a report to the board of canvassers
18031770 1707that includes the following information:
18041771 1708 (a) the total number of votes cast in the board's jurisdiction;
18051772 1709 (b) the names of each candidate whose name appeared on the ballot;
18061773 1710 (c) the title of each ballot proposition that appeared on the ballot;
18071774 1711 (d) each office that appeared on the ballot;
18081775 1712 (e) from each voting precinct:
18091776 1713 (i) the number of votes for each candidate;
18101777 1714 (ii) for each race conducted by instant runoff voting under Part 6, Municipal Alternate
18111778 1715Voting Methods Pilot Project, the number of valid votes cast for each candidate for each
18121779 1716potential ballot-counting phase and the name of the candidate excluded in each ballot-counting
18131780 1717phase; and
18141781 1718 (iii) the number of votes for and against each ballot proposition;
18151782 1719 (f) the total number of votes given in the board's jurisdiction to each candidate, and for
18161783 1720and against each ballot proposition;
18171784 1721 (g) standardized statistics, on a form provided by the lieutenant governor, disclosing:
18181785 1722 (i) the number of ballots counted;
18191786 1723 (ii) provisional ballots; and
18201787 1724 (iii) the number of ballots [that were] rejected; [and]
18211788 1725 (h) a final ballot reconciliation report;
18221789 1726 (i) other information required by law to be provided to the board of canvassers; and
18231790 1727 [(h)] (j) a statement certifying that the information contained in the report is accurate.
18241791 1728 (3) The election officer and the board of canvassers shall:
1825-1729 (a) review the report to ensure that [it] the report is correct; and Enrolled Copy H.B. 448
1826-- 65 -
1827-1730 (b) sign the report.
1792+1729 (a) review the report to ensure that [it] the report is correct; and
1793+1730 (b) sign the report. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1794+- 57 -
18281795 1731 (4) The election officer shall:
18291796 1732 (a) record or file the certified report in a book kept for that purpose;
18301797 1733 (b) prepare and transmit a certificate of nomination or election under the officer's seal
18311798 1734to each nominated or elected candidate;
18321799 1735 (c) publish a copy of the certified report in accordance with Subsection (5); and
18331800 1736 (d) file a copy of the certified report with the lieutenant governor.
18341801 1737 (5) Except as provided in Subsection (6), the election officer shall, no later than seven
18351802 1738days after the day on which the board of canvassers declares the election results, publicize the
18361803 1739certified report described in Subsection (2):
18371804 1740 (a) (i) by publishing notice at least once in a newspaper of general circulation within
18381805 1741the jurisdiction;
18391806 1742 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
18401807 1743jurisdiction, in places within the jurisdiction that are most likely to give notice to the residents
18411808 1744of the jurisdiction, subject to a maximum of 10 notices; or
18421809 1745 (iii) by mailing notice to each residence within the jurisdiction;
18431810 1746 (b) by posting notice on the Utah Public Notice Website, created in Section
18441811 174763A-16-601, for one week; and
18451812 1748 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
18461813 1749one week.
18471814 1750 (6) Instead of including a copy of the entire certified report, a notice required under
18481815 1751Subsection (5) may contain a statement that:
18491816 1752 (a) includes the following: "The Board of Canvassers for [indicate name of
18501817 1753jurisdiction] has prepared a report of the election results for the [indicate type and date of
18511818 1754election]."; and
18521819 1755 (b) specifies the following sources where an individual may view or obtain a copy of
1853-1756the entire certified report: H.B. 448
1854-Enrolled Copy
1855-- 66 -
1820+1756the entire certified report:
18561821 1757 (i) if the jurisdiction has a website, the jurisdiction's website;
18571822 1758 (ii) the physical address for the jurisdiction; and
18581823 1759 (iii) a mailing address and telephone number.
18591824 1760 (7) When there has been a regular general or a statewide special election for statewide
1860-1761officers, for officers that appear on the ballot in more than one county, or for a statewide or two
1825+1761officers, for officers that appear on the ballot in more than one county, or for a statewide or two 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1826+- 58 -
18611827 1762or more county ballot proposition, each board of canvassers shall:
18621828 1763 (a) prepare a separate report detailing the number of votes for each candidate and the
18631829 1764number of votes for and against each ballot proposition; and
18641830 1765 (b) transmit the separate report by registered mail to the lieutenant governor.
18651831 1766 (8) In each county election, municipal election, school election, local district election,
18661832 1767and local special election, the election officer shall transmit the reports to the lieutenant
18671833 1768governor within 14 days after the date of the election.
18681834 1769 (9) In a regular primary election and in a presidential primary election, the board shall
18691835 1770transmit to the lieutenant governor:
18701836 1771 (a) the county totals for multi-county races, to be telephoned or faxed to the lieutenant
18711837 1772governor not later than the second Tuesday after the election; and
18721838 1773 (b) a complete tabulation showing voting totals for all primary races, precinct by
18731839 1774precinct, to be mailed to the lieutenant governor on or before the third Friday following the
18741840 1775primary election.
18751841 1776 Section 28. Section 20A-5-101 is amended to read:
18761842 1777 20A-5-101. Notice of election.
18771843 1778 (1) On or before November 15 in the year before each regular general election year, the
18781844 1779lieutenant governor shall prepare and transmit a written notice to each county clerk that:
18791845 1780 (a) designates the offices to be filled at the next year's regular general election;
18801846 1781 (b) identifies the dates for filing a declaration of candidacy, and for submitting and
18811847 1782certifying nomination petition signatures, as applicable, under Sections 20A-9-403, 20A-9-407,
1882-1783and 20A-9-408 for those offices; and Enrolled Copy H.B. 448
1883-- 67 -
1848+1783and 20A-9-408 for those offices; and
18841849 1784 (c) contains a description of any ballot propositions to be decided by the voters that
18851850 1785have qualified for the ballot as of that date.
18861851 1786 (2) (a) No later than seven business days after the day on which the lieutenant governor
18871852 1787transmits the written notice described in Subsection (1), each county clerk shall provide notice,
18881853 1788in accordance with Subsection (3):
18891854 1789 (i) by posting notice in a conspicuous place most likely to give notice of the election to
18901855 1790the voters in each voting precinct within the county;
18911856 1791 (ii) (A) by publishing notice in a newspaper of general circulation in the county;
1892-1792 (B) by posting one notice, and at least one additional notice per 2,000 population of the
1857+1792 (B) by posting one notice, and at least one additional notice per 2,000 population of the 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1858+- 59 -
18931859 1793county, in places within the county that are most likely to give notice of the election to the
18941860 1794voters in the county, subject to a maximum of 10 notices; or
18951861 1795 (C) by mailing notice to each registered voter in the county;
18961862 1796 (iii) by posting notice on the Utah Public Notice Website, created in Section
18971863 179763A-16-601, for seven days before the day of the election; and
18981864 1798 (iv) by posting notice on the county's website for seven days before the day of the
18991865 1799election.
19001866 1800 (b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
19011867 1801showing a copy of the notice and the places where the notice was posted.
19021868 1802 (3) The notice described in Subsection (2) shall:
19031869 1803 (a) designate the offices to be voted on in that election; and
19041870 1804 (b) identify the dates for filing a declaration of candidacy for those offices.
19051871 1805 (4) Except as provided in Subsection (6), before each election, the election officer shall
19061872 1806give printed notice of the following information:
19071873 1807 (a) the date of election;
19081874 1808 (b) the hours during which the polls will be open;
19091875 1809 (c) the polling places for each voting precinct, early voting polling place, and election
1910-1810day voting center; H.B. 448
1911-Enrolled Copy
1912-- 68 -
1876+1810day voting center;
19131877 1811 (d) the address of the Statewide Electronic Voter Information Website and, if available,
19141878 1812the address of the election officer's website, with a statement indicating that the election officer
19151879 1813will post on the website any changes to the location of a polling place and the location of any
19161880 1814additional polling place;
19171881 1815 (e) a phone number that a voter may call to obtain information regarding the location of
19181882 1816a polling place; [and]
19191883 1817 (f) the qualifications for persons to vote in the election[.]; and
19201884 1818 (g) instructions regarding how an individual with a disability, who is not able to vote a
19211885 1819manual ballot by mail, may obtain information on voting in an accessible manner.
19221886 1820 (5) The election officer shall provide the notice described in Subsection (4):
19231887 1821 (a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
19241888 1822to which the election pertains, at least two days before the day of the election;
1925-1823 (ii) at least two days before the day of the election, by posting one notice, and at least
1889+1823 (ii) at least two days before the day of the election, by posting one notice, and at least 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1890+- 60 -
19261891 1824one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
19271892 1825that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
19281893 1826maximum of 10 notices; or
19291894 1827 (iii) by mailing the notice to each registered voter who resides in the jurisdiction to
19301895 1828which the election pertains at least five days before the day of the election;
19311896 1829 (b) by posting notice on the Utah Public Notice Website, created in Section
19321897 183063A-16-601, for two days before the day of the election; and
19331898 1831 (c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
19341899 1832two days before the day of the election.
19351900 1833 (6) Instead of including the information described in Subsection (4) in the notice, the
19361901 1834election officer may give printed notice that:
19371902 1835 (a) is entitled "Notice of Election";
19381903 1836 (b) includes the following: "A [indicate election type] will be held in [indicate the
1939-1837jurisdiction] on [indicate date of election]. Information relating to the election, including Enrolled Copy H.B. 448
1940-- 69 -
1904+1837jurisdiction] on [indicate date of election]. Information relating to the election, including
19411905 1838polling places, polling place hours, and qualifications of voters may be obtained from the
19421906 1839following sources:"; and
19431907 1840 (c) specifies the following sources where an individual may view or obtain the
19441908 1841information described in Subsection (4):
19451909 1842 (i) if the jurisdiction has a website, the jurisdiction's website;
19461910 1843 (ii) the physical address of the jurisdiction offices; and
19471911 1844 (iii) a mailing address and telephone number.
19481912 1845 Section 29. Section 20A-5-403.5 is amended to read:
19491913 1846 20A-5-403.5. Ballot drop boxes.
19501914 1847 (1) (a) An election officer:
19511915 1848 [(a)] (i) shall designate at least one ballot drop box in each municipality and
19521916 1849reservation located in the jurisdiction to which the election relates;
19531917 1850 [(b)] (ii) may designate additional ballot drop boxes for the election officer's
19541918 1851jurisdiction;
19551919 1852 [(c)] (iii) shall clearly mark each ballot drop box as an official ballot drop box for the
19561920 1853election officer's jurisdiction;
1957-1854 [(d)] (iv) shall provide 24-hour recorded video surveillance, without audio, of each
1921+1854 [(d)] (iv) shall provide 24-hour recorded video surveillance, without audio, of each 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1922+- 61 -
19581923 1855unattended ballot drop box; [and]
19591924 1856 [(e)] (v) shall post a sign on or near each unattended ballot drop box indicating that the
19601925 1857ballot drop box is under 24-hour video surveillance[.]; and
19611926 1858 (vi) shall ensure that a camera, a video, or a recording of a video described in
19621927 1859Subsection (1)(a)(iv) may only be accessed:
19631928 1860 (A) by the election officer;
19641929 1861 (B) by a custodian of the camera, video, or recording;
19651930 1862 (C) by the lieutenant governor;
19661931 1863 (D) by the legislative auditor general, when performing an audit; or
1967-1864 (E) by, or pursuant to an order of, a court of competent jurisdiction. H.B. 448
1968-Enrolled Copy
1969-- 70 -
1932+1864 (E) by, or pursuant to an order of, a court of competent jurisdiction.
19701933 1865 (b) An individual may not view a video, or a recording of a video, described in
19711934 1866Subsection (1)(a)(iv), unless the individual:
19721935 1867 (i) is an individual described in Subsection (1)(a)(vi); and
19731936 1868 (ii) views the video to the extent necessary to:
19741937 1869 (A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
19751938 1870 (B) investigate a concern relating to ballots or the ballot box.
19761939 1871 (c) The election officer, or the custodian of the recording, shall keep a recording
19771940 1872described in Subsection (1)(a)(iv) until the later of:
19781941 1873 (i) the end of the calendar year in which the election was held; or
19791942 1874 (ii) if the election is contested, when the contest is resolved.
19801943 1875 (2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer
19811944 1876shall, at least 19 days before the date of the election, provide notice of the location of each
19821945 1877ballot drop box designated under Subsection (1):
19831946 1878 (a) (i) by publishing notice in at least one issue of a newspaper of general circulation in
19841947 1879the jurisdiction holding the election;
19851948 1880 (ii) by posting one notice, and at least one additional notice per 2,000 population of the
19861949 1881jurisdiction holding the election, in places within the jurisdiction that are most likely to give
19871950 1882notice to the residents in the jurisdiction, subject to a maximum of 10 notices; or
19881951 1883 (iii) by mailing notice to each registered voter in the jurisdiction holding the election;
19891952 1884 (b) by posting notice on the Utah Public Notice Website, created in Section
1990-188563A-16-601, for 19 days before the day of the election; and
1953+188563A-16-601, for 19 days before the day of the election; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
1954+- 62 -
19911955 1886 (c) by posting notice on the jurisdiction's website for 19 days before the day of the
19921956 1887election.
19931957 1888 (3) Instead of including the location of ballot drop boxes, a notice required under
19941958 1889Subsection (2) may specify the following sources where a voter may view or obtain a copy of
19951959 1890all ballot drop box locations:
1996-1891 (a) the jurisdiction's website; Enrolled Copy H.B. 448
1997-- 71 -
1960+1891 (a) the jurisdiction's website;
19981961 1892 (b) the physical address of the jurisdiction's offices; and
19991962 1893 (c) a mailing address and telephone number.
20001963 1894 (4) The election officer shall include in the notice described in Subsection (2):
20011964 1895 (a) the address of the Statewide Electronic Voter Information Website and, if available,
20021965 1896the address of the election officer's website, with a statement indicating that the election officer
20031966 1897will post on the website the location of each ballot drop box, including any changes to the
20041967 1898location of a ballot drop box and the location of additional ballot drop boxes; and
20051968 1899 (b) a phone number that a voter may call to obtain information regarding the location
20061969 1900of a ballot drop box.
20071970 1901 (5) (a) Except as provided in Section 20A-1-308, the election officer may, after the
20081971 1902deadline described in Subsection (2):
20091972 1903 (i) if necessary, change the location of a ballot drop box; or
20101973 1904 (ii) if the election officer determines that the number of ballot drop boxes is
20111974 1905insufficient due to the number of registered voters who are voting, designate additional ballot
20121975 1906drop boxes.
20131976 1907 (b) Except as provided in Section 20A-1-308, if an election officer changes the
20141977 1908location of a ballot box or designates an additional ballot drop box location, the election officer
20151978 1909shall, as soon as is reasonably possible, give notice of the changed ballot drop box location or
20161979 1910the additional ballot drop box location:
20171980 1911 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
20181981 1912 (ii) by posting the information on the website of the election officer, if available; and
20191982 1913 (iii) by posting notice:
20201983 1914 (A) for a change in the location of a ballot drop box, at the new location and, if
20211984 1915possible, the old location; and
2022-1916 (B) for an additional ballot drop box location, at the additional ballot drop box
1985+1916 (B) for an additional ballot drop box location, at the additional ballot drop box 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
1986+- 63 -
20231987 1917location.
2024-1918 (6) An election officer may, at any time, authorize two or more poll workers to remove H.B. 448
2025-Enrolled Copy
2026-- 72 -
1988+1918 (6) An election officer may, at any time, authorize two or more poll workers to remove
20271989 1919a ballot drop box from a location, or to remove ballots from a ballot drop box for processing.
20281990 1920 (7) (a) At least two poll workers must be present when a poll worker collects ballots
20291991 1921from a ballot drop box and delivers the ballots to the location where the ballots will be opened
20301992 1922and counted.
20311993 1923 (b) An election officer shall ensure that the chain of custody of ballots placed in a
20321994 1924ballot box are recorded and tracked from the time the ballots are removed from the ballot box
20331995 1925until the ballots are delivered to the location where the ballots will be opened and counted.
20341996 1926 Section 30. Section 53-18-103 is amended to read:
20351997 1927 53-18-103. Internet posting of personal information of public safety employees --
20361998 1928Prohibitions.
20371999 1929 (1) (a) A state or local governmental agency that receives the form described in
20382000 1930Subsection (1)(b) from a public safety employee may not publicly post on the Internet the
20392001 1931personal information of the public safety employee employed by the state or local
20402002 1932governmental agency.
20412003 1933 (b) Each state or local government agency employing a public safety employee shall:
20422004 1934 (i) provide a form for a public safety employee to request the removal or concealment
20432005 1935of the public safety employee's personal information from the state or local government
20442006 1936agencies' publicly accessible websites and databases;
20452007 1937 (ii) inform the public safety employee how to submit a form under this section;
20462008 1938 (iii) upon request, assist a public safety employee in completing the form;
20472009 1939 (iv) include on the form a disclaimer informing the public safety employee that by
20482010 1940submitting a completed form the public safety employee may not receive official
20492011 1941announcements affecting the public safety employee's property, including notices about
20502012 1942proposed annexations, incorporation, or zoning modifications; and
20512013 1943 (v) require a form submitted by a public safety employee to be signed by:
20522014 1944 (A) for a public safety employee who is a law enforcement officer, the highest ranking
2053-1945elected or appointed official in the officer's chain of command certifying that the individual Enrolled Copy H.B. 448
2054-- 73 -
2015+1945elected or appointed official in the officer's chain of command certifying that the individual
20552016 1946requesting removal or concealment is a law enforcement officer; or
2056-1947 (B) for a public safety employee who is not a law enforcement officer, the public safety
2017+1947 (B) for a public safety employee who is not a law enforcement officer, the public safety 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
2018+- 64 -
20572019 1948employee's supervisor.
20582020 1949 (2) A county clerk, upon receipt of the form described in Subsection (1)(b) from a
20592021 1950public safety employee, completed and submitted under this section, shall:
20602022 1951 (a) classify the public safety employee's voter registration record in the [lieutenant
20612023 1952governor's statewide voter registration database developed under Section 20A-2-109] system,
20622024 1953as defined in Section 20A-2-501, as a private record; and
20632025 1954 (b) classify the public safety employee's marriage licenses and marriage license
20642026 1955applications, if any, as private records.
20652027 1956 (3) A county recorder, treasurer, auditor, or tax assessor, upon receipt of the form
20662028 1957described in Subsection (1)(b) from a public safety employee, completed and submitted under
20672029 1958this section, shall:
20682030 1959 (a) provide a method for the assessment roll and index and the tax roll and index that
20692031 1960will block public access to the public safety employee's personal information; and
20702032 1961 (b) provide to the public safety employee who submits the form a written disclaimer
20712033 1962informing the public safety employee that the public safety employee may not receive official
20722034 1963announcements affecting the public safety employee's property, including notices about
20732035 1964proposed annexations, incorporations, or zoning modifications.
20742036 1965 (4) A form submitted under this section remains in effect for the shorter of:
20752037 1966 (a) four years from the date on which the form was signed by the public safety
20762038 1967employee, regardless of whether the public safety employee's qualifying employment is
20772039 1968terminated during the four years; or
20782040 1969 (b) one year after official notice of the public safety employee's death is transmitted by
20792041 1970the public safety employee's immediate family or the public safety employee's employing
20802042 1971agency to all state and local government agencies that are reasonably expected to have records
2081-1972containing personal information of the deceased public safety employee. H.B. 448
2082-Enrolled Copy
2083-- 74 -
2043+1972containing personal information of the deceased public safety employee.
20842044 1973 (5) Notwithstanding Subsection (4), the public safety employee, or the public safety
20852045 1974employee's immediate family if the public safety employee is deceased, may rescind the form at
20862046 1975any time.
20872047 1976 (6) (a) An individual may not, with intent to frighten or harass a public safety
20882048 1977employee, publicly post on the Internet the personal information of a public safety employee
2089-1978knowing the public safety employee is a public safety employee.
2049+1978knowing the public safety employee is a public safety employee. 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
2050+- 65 -
20902051 1979 (b) Except as provided in Subsection (6)(c), a violation of Subsection (6)(a) is a class B
20912052 1980misdemeanor.
20922053 1981 (c) A violation of Subsection (6)(a) that results in bodily injury to the public safety
20932054 1982employee, or a member of the public safety employee's immediate family, is a class A
20942055 1983misdemeanor.
20952056 1984 (d) (i) Each act against a separate individual in violation of Subsection (6)(a) is a
20962057 1985separate offense.
20972058 1986 (ii) A defendant may also be charged separately with the commission of any other
20982059 1987criminal conduct related to the commission of an offense under Subsection (6)(a).
20992060 1988 (7) (a) A business or association may not publicly post or publicly display on the
21002061 1989Internet the personal information of a public safety employee if the public safety employee has,
21012062 1990either directly or through an agent designated under Subsection (7)(c), provided to that business
21022063 1991or association a written demand to not disclose the public safety employee's personal
21032064 1992information.
21042065 1993 (b) A written demand made under Subsection (7)(a) by a public safety employee is
21052066 1994effective for four years beginning on the day the demand is delivered, regardless of whether the
21062067 1995public safety employee's employment as a public safety employee has terminated during the
21072068 1996four years.
21082069 1997 (c) A public safety employee may designate in writing the public safety employee's
21092070 1998employer or, for a public safety employee who is a law enforcement officer, a representative of
2110-1999a voluntary professional association of law enforcement officers to act on behalf of the officer Enrolled Copy H.B. 448
2111-- 75 -
2071+1999a voluntary professional association of law enforcement officers to act on behalf of the officer
21122072 2000and as the officer's agent to make a written demand under this chapter.
21132073 2001 (d) (i) A business or association that receives a written demand from a public safety
21142074 2002employee under Subsection (7)(a) shall remove the public safety employee's personal
21152075 2003information from public display on the Internet, including the removal of information provided
21162076 2004to cellular telephone applications, within 24 hours of the delivery of the written demand, and
21172077 2005shall ensure that the information is not posted again on the same Internet website or any other
21182078 2006Internet website over which the recipient of the written demand maintains or exercises control.
21192079 2007 (ii) After receiving the public safety employee's written demand, the person, business,
21202080 2008or association may not publicly post or publicly display on the Internet, the personal
2121-2009information of the public safety employee.
2081+2009information of the public safety employee. 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
2082+- 66 -
21222083 2010 (iii) This Subsection (7)(d) does not prohibit a telephone corporation, as defined in
21232084 2011Section 54-2-1, or the telephone corporation's affiliate or other voice service provider,
21242085 2012including providers of interconnected voice over Internet protocol service as defined in 47
21252086 2013C.F.R. 9.3, from transferring the public safety employee's personal information to any person,
21262087 2014business, or association, if the transfer is authorized by federal or state law, regulation, order,
21272088 2015terms of service, or tariff, or is necessary in the event of an emergency, or to collect a debt
21282089 2016owed by the public safety employee to the telephone corporation or its affiliate.
21292090 2017 (iv) This Subsection (7)(d) does not apply to a telephone corporation or other voice
21302091 2018service provider, including providers of interconnected voice over Internet protocol service,
21312092 2019with respect to directories or directories listings to the extent the entity offers a nonpublished
21322093 2020listing option.
21332094 2021 (8) (a) A public safety employee whose personal information is made public as a result
21342095 2022of a violation of Subsection (7) may bring an action seeking injunctive or declarative relief in a
21352096 2023court of competent jurisdiction.
21362097 2024 (b) If a court finds that a violation has occurred, the court may grant injunctive or
21372098 2025declarative relief and shall award the public safety employee court costs and reasonable
2138-2026attorney fees. H.B. 448
2139-Enrolled Copy
2140-- 76 -
2099+2026attorney fees.
21412100 2027 (c) If the defendant fails to comply with an order of the court issued under Subsection
21422101 2028(8)(b), the court may impose a civil penalty of not more than $1,000 for the defendant's failure
21432102 2029to comply with the court's order.
21442103 2030 (9) (a) A person, business, or association may not solicit, sell, or trade on the Internet
21452104 2031the personal information of a public safety employee, if:
21462105 2032 (i) the dissemination of the personal information poses an imminent and serious threat
21472106 2033to the public safety employee's safety or the safety of the public safety employee's immediate
21482107 2034family; and
21492108 2035 (ii) the person making the information available on the Internet knows or reasonably
21502109 2036should know of the imminent and serious threat.
21512110 2037 (b) (i) A public safety employee whose personal information is knowingly publicly
21522111 2038posted or publicly displayed on the Internet may bring an action in a court of competent
21532112 2039jurisdiction.
2154-2040 (ii) If a jury or court finds that a defendant has committed a violation of Subsection
2113+2040 (ii) If a jury or court finds that a defendant has committed a violation of Subsection 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
2114+- 67 -
21552115 2041(9)(a), the jury or court shall award damages to the public safety employee in the amount of
21562116 2042triple the cost of actual damages or $4,000, whichever is greater.
21572117 2043 (10) An interactive computer service or access software is not liable under Subsections
21582118 2044(7)(d)(i) and (9) for information or content provided by another information content provider.
21592119 2045 (11) Unless a state or local government agency receives a completed form directly from
21602120 2046a public safety employee in accordance with Subsection (1), a state or local government official
21612121 2047who makes information available for public inspection in accordance with state law is not in
21622122 2048violation of this chapter.
21632123 2049 Section 31. Section 67-1a-2 is amended to read:
21642124 2050 67-1a-2. Duties enumerated.
21652125 2051 (1) The lieutenant governor shall:
21662126 2052 (a) perform duties delegated by the governor, including assignments to serve in any of
2167-2053the following capacities: Enrolled Copy H.B. 448
2168-- 77 -
2127+2053the following capacities:
21692128 2054 (i) as the head of any one department, if so qualified, with the advice and consent of
21702129 2055the Senate, and, upon appointment at the pleasure of the governor and without additional
21712130 2056compensation;
21722131 2057 (ii) as the chairperson of any cabinet group organized by the governor or authorized by
21732132 2058law for the purpose of advising the governor or coordinating intergovernmental or
21742133 2059interdepartmental policies or programs;
21752134 2060 (iii) as liaison between the governor and the state Legislature to coordinate and
21762135 2061facilitate the governor's programs and budget requests;
21772136 2062 (iv) as liaison between the governor and other officials of local, state, federal, and
21782137 2063international governments or any other political entities to coordinate, facilitate, and protect the
21792138 2064interests of the state;
21802139 2065 (v) as personal advisor to the governor, including advice on policies, programs,
21812140 2066administrative and personnel matters, and fiscal or budgetary matters; and
21822141 2067 (vi) as chairperson or member of any temporary or permanent boards, councils,
21832142 2068commissions, committees, task forces, or other group appointed by the governor;
21842143 2069 (b) serve on all boards and commissions in lieu of the governor, whenever so
21852144 2070designated by the governor;
2186-2071 (c) serve as the chief election officer of the state as required by Subsection (2);
2145+2071 (c) serve as the chief election officer of the state as required by Subsection (2); 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
2146+- 68 -
21872147 2072 (d) keep custody of the Great Seal of the State of Utah;
21882148 2073 (e) keep a register of, and attest, the official acts of the governor;
21892149 2074 (f) affix the Great Seal, with an attestation, to all official documents and instruments to
21902150 2075which the official signature of the governor is required; and
21912151 2076 (g) furnish a certified copy of all or any part of any law, record, or other instrument
21922152 2077filed, deposited, or recorded in the office of the lieutenant governor to any person who requests
21932153 2078it and pays the fee.
21942154 2079 (2) (a) As the chief election officer, the lieutenant governor shall:
2195-2080 (i) exercise oversight, and general supervisory authority, over all elections; H.B. 448
2196-Enrolled Copy
2197-- 78 -
2155+2080 (i) exercise oversight, and general supervisory authority, over all elections;
21982156 2081 (ii) exercise direct authority over the conduct of elections for federal, state, and
21992157 2082multicounty officers and statewide or multicounty ballot propositions and any recounts
22002158 2083involving those races;
22012159 2084 (iii) [assist county clerks in unifying] establish uniformity in the election ballot;
22022160 2085 (iv) (A) prepare election information for the public as required by [statute] law and as
22032161 2086determined appropriate by the lieutenant governor; and
22042162 2087 (B) make the information [under] described in Subsection (2)(a)(iv)(A) available to the
22052163 2088public and to news media, on the Internet, and in other forms as required by [statute or] law
22062164 2089and as determined appropriate by the lieutenant governor;
22072165 2090 (v) receive and answer election questions and maintain an election file on opinions
22082166 2091received from the attorney general;
22092167 2092 (vi) maintain a current list of registered political parties as defined in Section
22102168 209320A-8-101;
22112169 2094 (vii) maintain election returns and statistics;
22122170 2095 (viii) certify to the governor the names of [those persons who have received the highest
22132171 2096number of votes for any] individuals nominated to run for, or elected to, office;
22142172 2097 (ix) ensure that all voting equipment purchased by the state complies with the
22152173 2098requirements of Sections 20A-5-302, 20A-5-802, and 20A-5-803;
22162174 2099 (x) during a declared emergency, to the extent that the lieutenant governor determines
22172175 2100it warranted, designate, as provided in Section 20A-1-308, a different method, time, or location
22182176 2101relating to:
2219-2102 (A) voting on election day;
2177+2102 (A) voting on election day; 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
2178+- 69 -
22202179 2103 (B) early voting;
22212180 2104 (C) the transmittal or voting of an absentee ballot or military-overseas ballot;
22222181 2105 (D) the counting of an absentee ballot or military-overseas ballot; or
22232182 2106 (E) the canvassing of election returns; and
2224-2107 (xi) exercise all other election authority, and perform other election duties, as provided Enrolled Copy H.B. 448
2225-- 79 -
2183+2107 (xi) exercise all other election authority, and perform other election duties, as provided
22262184 2108in Title 20A, Election Code.
22272185 2109 (b) As chief election officer, the lieutenant governor:
22282186 2110 (i) shall oversee all elections, and functions relating to elections, in the state;
22292187 2111 (ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance by
22302188 2112an election officer with legal requirements relating to elections; and
22312189 2113 (iii) may not assume the responsibilities assigned to the county clerks, city recorders,
22322190 2114town clerks, or other local election officials by Title 20A, Election Code.
22332191 2115 (3) (a) The lieutenant governor shall:
22342192 2116 (i) determine a new municipality's classification under Section 10-2-301 upon the city's
22352193 2117incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a Municipality, based on the
22362194 2118municipality's population using the population estimate from the Utah Population Committee;
22372195 2119and
22382196 2120 (ii) (A) prepare a certificate indicating the class in which the new municipality belongs
22392197 2121based on the municipality's population; and
22402198 2122 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
22412199 2123municipality's legislative body.
22422200 2124 (b) The lieutenant governor shall:
22432201 2125 (i) determine the classification under Section 10-2-301 of a consolidated municipality
22442202 2126upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
22452203 2127Consolidation of Municipalities, using population information from:
22462204 2128 (A) each official census or census estimate of the United States Bureau of the Census;
22472205 2129or
22482206 2130 (B) the population estimate from the Utah Population Committee, if the population of a
22492207 2131municipality is not available from the United States Bureau of the Census; and
22502208 2132 (ii) (A) prepare a certificate indicating the class in which the consolidated municipality
2251-2133belongs based on the municipality's population; and
2252-2134 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the H.B. 448
2253-Enrolled Copy
2254-- 80 -
2209+2133belongs based on the municipality's population; and 3rd Sub. (Cherry) H.B. 448 02-24-23 11:39 AM
2210+- 70 -
2211+2134 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
22552212 2135consolidated municipality's legislative body.
22562213 2136 (c) The lieutenant governor shall:
22572214 2137 (i) determine a new metro township's classification under Section 10-2-301.5 upon the
22582215 2138metro township's incorporation under Title 10, Chapter 2a, Part 4, Incorporation of Metro
22592216 2139Townships and Unincorporated Islands in a County of the First Class on and after May 12,
22602217 21402015, based on the metro township's population using the population estimates from the Utah
22612218 2141Population Committee; and
22622219 2142 (ii) prepare a certificate indicating the class in which the new metro township belongs
22632220 2143based on the metro township's population and, within 10 days after preparing the certificate,
22642221 2144deliver a copy of the certificate to the metro township's legislative body.
22652222 2145 (d) The lieutenant governor shall monitor the population of each municipality using
22662223 2146population information from:
22672224 2147 (i) each official census or census estimate of the United States Bureau of the Census; or
22682225 2148 (ii) the population estimate from the Utah Population Committee, if the population of a
22692226 2149municipality is not available from the United States Bureau of the Census.
22702227 2150 (e) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
22712228 2151municipality's population has increased beyond the population for its current class, the
22722229 2152lieutenant governor shall:
22732230 2153 (i) prepare a certificate indicating the class in which the municipality belongs based on
22742231 2154the increased population figure; and
22752232 2155 (ii) within 10 days after preparing the certificate, deliver a copy of the certificate to the
22762233 2156legislative body of the municipality whose class has changed.
22772234 2157 (f) (i) If the applicable population figure under Subsection (3)(b) or (d) indicates that a
22782235 2158municipality's population has decreased below the population for its current class, the
22792236 2159lieutenant governor shall send written notification of that fact to the municipality's legislative
22802237 2160body.
2281-2161 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose Enrolled Copy H.B. 448
2282-- 81 -
2238+2161 (ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality whose
22832239 2162population has decreased below the population for its current class, the lieutenant governor
22842240 2163shall:
2285-2164 (A) prepare a certificate indicating the class in which the municipality belongs based
2241+2164 (A) prepare a certificate indicating the class in which the municipality belongs based 02-24-23 11:39 AM 3rd Sub. (Cherry) H.B. 448
2242+- 71 -
22862243 2165on the decreased population figure; and
22872244 2166 (B) within 10 days after preparing the certificate, deliver a copy of the certificate to the
22882245 2167legislative body of the municipality whose class has changed.
22892246 2168 Section 32. Repealer.
22902247 2169 This bill repeals:
22912248 2170 Section 20A-1-101, Title.
22922249 2171 Section 33. Appropriation.
22932250 2172 The following sums of money are appropriated for the fiscal year beginning July 1,
22942251 21732023, and ending June 30, 2024. These are additions to amounts previously appropriated for
22952252 2174fiscal year 2024. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
22962253 2175Act, the Legislature appropriates the following sums of money from the funds or accounts
22972254 2176indicated for the use and support of the government of the state of Utah.
22982255 2177ITEM 1
22992256 2178To Governor's Office
23002257 2179 From General Fund 860,000
23012258 2180 From General Fund, One-Time 730,000
23022259 2181 Schedule of Programs:
23032260 2182 Lt. Governor's Office 1,590,000
23042261 2183 The Legislature intends that:
23052262 2184 (1) under Section 63J-1-603, up to $250,000 of the money appropriated to the
23062263 2185Governor's Office in Item 1 of 2022 Laws of Utah, Chapter 156, not lapse at the end of Fiscal
23072264 2186Year 2023; and
23082265 2187 (2) on or after July 1, 2023, the lieutenant governor may use the nonlapsing funds
2309-2188described in Subsection (1) to assist political subdivisions with election security costs, H.B. 448
2310-Enrolled Copy
2311-- 82 -
2266+2188described in Subsection (1) to assist political subdivisions with election security costs,
23122267 2189including the expanded video surveillance described in this bill.