H.B. 452
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: J. Rogers 6
6 02-13-23 10:17 AM 6
H.B. 452
1 MUNICIPALITY VOTING AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Joel K. Briscoe
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill concerns the ability of a municipality to require voting in a general municipal
10election.
11Highlighted Provisions:
12 This bill:
13 <defines terms;
14 <provides that a municipality may enact an ordinance that requires all eligible voters
15to vote in a general municipal election; and
16 <establishes requirements and procedures for an ordinance that requires all eligible
17voters to vote in a general municipal election.
18Money Appropriated in this Bill:
19 None
20Other Special Clauses:
21 None
22Utah Code Sections Affected:
23ENACTS:
24 10-2a-104.5, Utah Code Annotated 1953
25
26Be it enacted by the Legislature of the state of Utah:
27 Section 1. Section 10-2a-104.5 is enacted to read:
*HB0452* H.B. 452 02-13-23 10:17 AM
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28 10-2a-104.5. Ordinance to require voting in general municipal elections.
29 (1) As used in this section:
30 (a) "Vote" means to cast a ballot, including a blank ballot, in a general municipal
31election, either in person or by mail or any other legal method.
32 (b) "Vote" does not mean that a voter is required to fill in or complete a ballot.
33 (2) A municipality may enact an ordinance that requires all eligible voters to vote in a
34general municipal election.
35 (3) An ordinance described under Subsection (2) shall include:
36 (a) a requirement that a resident of the municipality register to vote if the resident is
37eligible to vote under state law;
38 (b) a requirement that a registered voter in the municipality shall vote in a regularly
39scheduled general municipal election;
40 (c) permissible reasons for a registered voter to not vote;
41 (d) a process for sending a letter or other form of notification that:
42 (i) is sent or otherwise provided to an eligible voter who did not vote in a general
43municipal election;
44 (ii) asks the eligible voter if the eligible voter had a valid reason as to why the eligible
45voter did not vote; and
46 (iii) informs the eligible voter that failure to return the notification, even if the
47notification is left blank, could result in a fine, community service, or other penalty; and
48 (e) a provision establishing processes and penalties for an eligible voter's failure to
49return the notification described in Subsection (3)(d), including:
50 (i) a fine no greater than $25 per municipal general election;
51 (ii) an option for community service in lieu of a fine; and
52 (iii) an appeal process for an eligible voter to appeal a penalty based on a failure to
53return the notification described in Subsection (3)(d).
54 (4) No later than 30 days after the day on which the municipality's legislative body
55enacts the ordinance described in Subsection (2), the municipality shall provide notice by
56mailing a copy of the ordinance and a summary of the ordinance to each:
57 (a) owner of real property located within the municipality; and
58 (b) residence within the municipality.