H.B. 537
LEGISLATIVE GENERAL COUNSEL
6 Approved for Filing: T.R. Vaughn 6
6 02-21-23 1:34 PM 6
H.B. 537
1 VOTING AMENDMENTS
2 2023 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Kera Birkeland
5 Senate Sponsor: ____________
6
7LONG TITLE
8General Description:
9 This bill modifies provisions relating to mailed ballots.
10Highlighted Provisions:
11 This bill:
12 <provides that, subject to certain exceptions, an election officer is only required to
13send ballots by mail to active voters who request, in a voter registration form or
14another written document, to receive ballots for all future elections by mail;
15 <modifies the voter registration form to permit a voter to make the request described
16in the preceding paragraph;
17 <requires a county clerk to, subject to certain exceptions:
18 Cnotify active voters of the requirement to request to receive ballots by mail; and
19 Cprovide active voters with a form to make the request;
20 <permits a voter to request to stop receiving ballots by mail; and
21 <makes technical and conforming amendments.
22Money Appropriated in this Bill:
23 None
24Other Special Clauses:
25 This bill provides a special effective date.
26Utah Code Sections Affected:
27AMENDS:
*HB0537* H.B. 537 02-21-23 1:34 PM
- 2 -
28 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
29 20A-2-104, as last amended by Laws of Utah 2021, Chapter 100
30 20A-2-306, as last amended by Laws of Utah 2022, Chapter 121
31 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
32 20A-5-804, as last amended by Laws of Utah 2020, Chapter 31
33 20A-6-105, as last amended by Laws of Utah 2021, Chapter 100
34 63I-2-220, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
35ENACTS:
36 20A-3a-202.5, Utah Code Annotated 1953
37
38Be it enacted by the Legislature of the state of Utah:
39 Section 1. Section 20A-1-102 is amended to read:
40 20A-1-102. Definitions.
41 As used in this title:
42 (1) "Active voter" means a registered voter who has not been classified as an inactive
43voter by the county clerk.
44 (2) "Automatic tabulating equipment" means apparatus that automatically examines
45and counts votes recorded on ballots and tabulates the results.
46 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
47storage medium, that records an individual voter's vote.
48 (b) "Ballot" does not include a record to tally multiple votes.
49 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
50on the ballot for their approval or rejection including:
51 (a) an opinion question specifically authorized by the Legislature;
52 (b) a constitutional amendment;
53 (c) an initiative;
54 (d) a referendum;
55 (e) a bond proposition;
56 (f) a judicial retention question;
57 (g) an incorporation of a city or town; or
58 (h) any other ballot question specifically authorized by the Legislature. 02-21-23 1:34 PM H.B. 537
- 3 -
59 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
60together using staples or another means in at least three places across the top of the paper in the
61blank space reserved for securing the paper.
62 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
6320A-4-306 to canvass election returns.
64 (7) "Bond election" means an election held for the purpose of approving or rejecting
65the proposed issuance of bonds by a government entity.
66 (8) "Business reply mail envelope" means an envelope that may be mailed free of
67charge by the sender.
68 (9) "Canvass" means the review of election returns and the official declaration of
69election results by the board of canvassers.
70 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
71the canvass.
72 (11) "Contracting election officer" means an election officer who enters into a contract
73or interlocal agreement with a provider election officer.
74 (12) "Convention" means the political party convention at which party officers and
75delegates are selected.
76 (13) "Counting center" means one or more locations selected by the election officer in
77charge of the election for the automatic counting of ballots.
78 (14) "Counting judge" means a poll worker designated to count the ballots during
79election day.
80 (15) "Counting room" means a suitable and convenient private place or room for use
81by the poll workers and counting judges to count ballots.
82 (16) "County officers" means those county officers that are required by law to be
83elected.
84 (17) "Date of the election" or "election day" or "day of the election":
85 (a) means the day that is specified in the calendar year as the day that the election
86occurs; and
87 (b) does not include:
88 (i) deadlines established for voting by mail, military-overseas voting, or emergency
89voting; or H.B. 537 02-21-23 1:34 PM
- 4 -
90 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
91Voting.
92 (18) "Elected official" means:
93 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
94Municipal Alternate Voting Methods Pilot Project;
95 (b) a person who is considered to be elected to a municipal office in accordance with
96Subsection 20A-1-206(1)(c)(ii); or
97 (c) a person who is considered to be elected to a local district office in accordance with
98Subsection 20A-1-206(3)(b)(ii).
99 (19) "Election" means a regular general election, a municipal general election, a
100statewide special election, a local special election, a regular primary election, a municipal
101primary election, and a local district election.
102 (20) "Election Assistance Commission" means the commission established by the Help
103America Vote Act of 2002, Pub. L. No. 107-252.
104 (21) "Election cycle" means the period beginning on the first day persons are eligible to
105file declarations of candidacy and ending when the canvass is completed.
106 (22) "Election judge" means a poll worker that is assigned to:
107 (a) preside over other poll workers at a polling place;
108 (b) act as the presiding election judge; or
109 (c) serve as a canvassing judge, counting judge, or receiving judge.
110 (23) "Election officer" means:
111 (a) the lieutenant governor, for all statewide ballots and elections;
112 (b) the county clerk for:
113 (i) a county ballot and election; and
114 (ii) a ballot and election as a provider election officer as provided in Section
11520A-5-400.1 or 20A-5-400.5;
116 (c) the municipal clerk for:
117 (i) a municipal ballot and election; and
118 (ii) a ballot and election as a provider election officer as provided in Section
11920A-5-400.1 or 20A-5-400.5;
120 (d) the local district clerk or chief executive officer for: 02-21-23 1:34 PM H.B. 537
- 5 -
121 (i) a local district ballot and election; and
122 (ii) a ballot and election as a provider election officer as provided in Section
12320A-5-400.1 or 20A-5-400.5; or
124 (e) the business administrator or superintendent of a school district for:
125 (i) a school district ballot and election; and
126 (ii) a ballot and election as a provider election officer as provided in Section
12720A-5-400.1 or 20A-5-400.5.
128 (24) "Election official" means any election officer, election judge, or poll worker.
129 (25) "Election results" means:
130 (a) for an election other than a bond election, the count of votes cast in the election and
131the election returns requested by the board of canvassers; or
132 (b) for bond elections, the count of those votes cast for and against the bond
133proposition plus any or all of the election returns that the board of canvassers may request.
134 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
135registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
136ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
137the total votes cast form.
138 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
139or logically associated with a record and executed or adopted by a person with the intent to sign
140the record.
141 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
142clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
143 (29) "Judicial office" means the office filled by any judicial officer.
144 (30) "Judicial officer" means any justice or judge of a court of record or any county
145court judge.
146 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
147Local Government Entities - Local Districts, and includes a special service district under Title
14817D, Chapter 1, Special Service District Act.
149 (32) "Local district officers" means those local district board members that are required
150by law to be elected.
151 (33) "Local election" means a regular county election, a regular municipal election, a H.B. 537 02-21-23 1:34 PM
- 6 -
152municipal primary election, a local special election, a local district election, and a bond
153election.
154 (34) "Local political subdivision" means a county, a municipality, a local district, or a
155local school district.
156 (35) "Local special election" means a special election called by the governing body of a
157local political subdivision in which all registered voters of the local political subdivision may
158vote.
159 (36) "Manual ballot" means a paper document produced by an election officer on
160which an individual records an individual's vote by directly placing a mark on the paper
161document using a pen or other marking instrument.
162 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
163mechanical record, that:
164 (a) is created via electronic or mechanical means; and
165 (b) records an individual voter's vote cast via a method other than an individual directly
166placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
167 (38) "Municipal executive" means:
168 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
169 (b) the mayor in the council-manager form of government defined in Subsection
17010-3b-103(7); or
171 (c) the chair of a metro township form of government defined in Section 10-3b-102.
172 (39) "Municipal general election" means the election held in municipalities and, as
173applicable, local districts on the first Tuesday after the first Monday in November of each
174odd-numbered year for the purposes established in Section 20A-1-202.
175 (40) "Municipal legislative body" means:
176 (a) the council of the city or town in any form of municipal government; or
177 (b) the council of a metro township.
178 (41) "Municipal office" means an elective office in a municipality.
179 (42) "Municipal officers" means those municipal officers that are required by law to be
180elected.
181 (43) "Municipal primary election" means an election held to nominate candidates for
182municipal office. 02-21-23 1:34 PM H.B. 537
- 7 -
183 (44) "Municipality" means a city, town, or metro township.
184 (45) "Official ballot" means the ballots distributed by the election officer for voters to
185record their votes.
186 (46) "Official endorsement" means the information on the ballot that identifies:
187 (a) the ballot as an official ballot;
188 (b) the date of the election; and
189 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
190facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
191 (ii) for a ballot prepared by a county clerk, the words required by Subsection
19220A-6-301(1)(b)(iii).
193 (47) "Official register" means the official record furnished to election officials by the
194election officer that contains the information required by Section 20A-5-401.
195 (48) "Political party" means an organization of registered voters that has qualified to
196participate in an election by meeting the requirements of Chapter 8, Political Party Formation
197and Procedures.
198 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
199election, voting, or counting votes.
200 (b) "Poll worker" includes election judges.
201 (c) "Poll worker" does not include a watcher.
202 (50) "Pollbook" means a record of the names of voters in the order that they appear to
203cast votes.
204 (51) "Polling place" means a building where voting is conducted.
205 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
206in which the voter marks the voter's choice.
207 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
2088, Presidential Primary Election.
209 (54) "Primary convention" means the political party conventions held during the year
210of the regular general election.
211 (55) "Protective counter" means a separate counter, which cannot be reset, that:
212 (a) is built into a voting machine; and
213 (b) records the total number of movements of the operating lever. H.B. 537 02-21-23 1:34 PM
- 8 -
214 (56) "Provider election officer" means an election officer who enters into a contract or
215interlocal agreement with a contracting election officer to conduct an election for the
216contracting election officer's local political subdivision in accordance with Section
21720A-5-400.1.
218 (57) "Provisional ballot" means a ballot voted provisionally by a person:
219 (a) whose name is not listed on the official register at the polling place;
220 (b) whose legal right to vote is challenged as provided in this title; or
221 (c) whose identity was not sufficiently established by a poll worker.
222 (58) "Provisional ballot envelope" means an envelope printed in the form required by
223Section 20A-6-105 that is used to identify provisional ballots and to provide information to
224verify a person's legal right to vote.
225 (59) (a) "Public figure" means an individual who, due to the individual being
226considered for, holding, or having held a position of prominence in a public or private capacity,
227or due to the individual's celebrity status, has an increased risk to the individual's safety.
228 (b) "Public figure" does not include an individual:
229 (i) elected to public office; or
230 (ii) appointed to fill a vacancy in an elected public office.
231 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
232duties of the position for which the individual was elected.
233 (61) "Receiving judge" means the poll worker that checks the voter's name in the
234official register at a polling place and provides the voter with a ballot.
235 (62) "Registration form" means a form by which an individual may register to vote
236under this title.
237 (63) "Regular ballot" means a ballot that is not a provisional ballot.
238 (64) "Regular general election" means the election held throughout the state on the first
239Tuesday after the first Monday in November of each even-numbered year for the purposes
240established in Section 20A-1-201.
241 (65) "Regular primary election" means the election, held on the date specified in
242Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
243local school board positions to advance to the regular general election.
244 (66) "Resident" means a person who resides within a specific voting precinct in Utah. 02-21-23 1:34 PM H.B. 537
- 9 -
245 (67) "Return envelope" means the envelope, described in Subsection [20A-3a-202(4)]
24620A-3a-202(5), provided to a voter with a manual ballot:
247 (a) into which the voter places the manual ballot after the voter has voted the manual
248ballot in order to preserve the secrecy of the voter's vote; and
249 (b) that includes the voter affidavit and a place for the voter's signature.
250 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
251published as provided in Section 20A-5-405.
252 (69) "Special election" means an election held as authorized by Section 20A-1-203.
253 (70) "Spoiled ballot" means each ballot that:
254 (a) is spoiled by the voter;
255 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
256 (c) lacks the official endorsement.
257 (71) "Statewide special election" means a special election called by the governor or the
258Legislature in which all registered voters in Utah may vote.
259 (72) "Tabulation system" means a device or system designed for the sole purpose of
260tabulating votes cast by voters at an election.
261 (73) "Ticket" means a list of:
262 (a) political parties;
263 (b) candidates for an office; or
264 (c) ballot propositions.
265 (74) "Transfer case" means the sealed box used to transport voted ballots to the
266counting center.
267 (75) "Vacancy" means the absence of a person to serve in any position created by
268statute, whether that absence occurs because of death, disability, disqualification, resignation,
269or other cause.
270 (76) "Valid voter identification" means:
271 (a) a form of identification that bears the name and photograph of the voter which may
272include:
273 (i) a currently valid Utah driver license;
274 (ii) a currently valid identification card that is issued by:
275 (A) the state; or H.B. 537 02-21-23 1:34 PM
- 10 -
276 (B) a branch, department, or agency of the United States;
277 (iii) a currently valid Utah permit to carry a concealed weapon;
278 (iv) a currently valid United States passport; or
279 (v) a currently valid United States military identification card;
280 (b) one of the following identification cards, whether or not the card includes a
281photograph of the voter:
282 (i) a valid tribal identification card;
283 (ii) a Bureau of Indian Affairs card; or
284 (iii) a tribal treaty card; or
285 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
286the name of the voter and provide evidence that the voter resides in the voting precinct, which
287may include:
288 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
289election;
290 (ii) a bank or other financial account statement, or a legible copy thereof;
291 (iii) a certified birth certificate;
292 (iv) a valid social security card;
293 (v) a check issued by the state or the federal government or a legible copy thereof;
294 (vi) a paycheck from the voter's employer, or a legible copy thereof;
295 (vii) a currently valid Utah hunting or fishing license;
296 (viii) certified naturalization documentation;
297 (ix) a currently valid license issued by an authorized agency of the United States;
298 (x) a certified copy of court records showing the voter's adoption or name change;
299 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
300 (xii) a currently valid identification card issued by:
301 (A) a local government within the state;
302 (B) an employer for an employee; or
303 (C) a college, university, technical school, or professional school located within the
304state; or
305 (xiii) a current Utah vehicle registration.
306 (77) "Valid write-in candidate" means a candidate who has qualified as a write-in 02-21-23 1:34 PM H.B. 537
- 11 -
307candidate by following the procedures and requirements of this title.
308 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
309 (a) mailing the ballot to the location designated in the mailing; or
310 (b) depositing the ballot in a ballot drop box designated by the election officer.
311 (79) "Voter" means an individual who:
312 (a) meets the requirements for voting in an election;
313 (b) meets the requirements of election registration;
314 (c) is registered to vote; and
315 (d) is listed in the official register book.
316 (80) "Voter registration deadline" means the registration deadline provided in Section
31720A-2-102.5.
318 (81) "Voting area" means the area within six feet of the voting booths, voting
319machines, and ballot box.
320 (82) "Voting booth" means:
321 (a) the space or compartment within a polling place that is provided for the preparation
322of ballots, including the voting enclosure or curtain; or
323 (b) a voting device that is free standing.
324 (83) "Voting device" means any device provided by an election officer for a voter to
325vote a mechanical ballot.
326 (84) "Voting precinct" means the smallest geographical voting unit, established under
327Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
328 (85) "Watcher" means an individual who complies with the requirements described in
329Section 20A-3a-801 to become a watcher for an election.
330 (86) "Write-in ballot" means a ballot containing any write-in votes.
331 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
332the ballot, in accordance with the procedures established in this title.
333 Section 2. Section 20A-2-104 is amended to read:
334 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
335 (1) (a) As used in this section:
336 (i) "Candidate for public office" means an individual:
337 (A) who files a declaration of candidacy for a public office; H.B. 537 02-21-23 1:34 PM
- 12 -
338 (B) who files a notice of intent to gather signatures under Section 20A-9-408; or
339 (C) employed by, under contract with, or a volunteer of, an individual described in
340Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
341 (ii) "Dating violence" means the same as that term is defined in [Section 78B-7-402
342and] the federal Violence Against Women Act of 1994, as amended.
343 (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1
344and the federal Violence Against Women Act of 1994, as amended.
345 (b) An individual applying for voter registration, or an individual preregistering to
346vote, shall complete a voter registration form in substantially the following form:
347-----------------------------------------------------------------------------------------------------------------
348 UTAH ELECTION REGISTRATION FORM
349 Are you a citizen of the United States of America? YesNo
350 If you checked "no" to the above question, do not complete this form.
351 Will you be 18 years of age on or before election day? YesNo
352 If you checked "no" to the above question, are you 16 or 17 years of age and
353preregistering to vote? YesNo
354 If you checked "no" to both of the prior two questions, do not complete this form.
355 Name of Voter
356_________________________________________________________________
357 First Middle Last
358 Utah Driver License or Utah Identification Card
359Number____________________________
360Date of Birth ______________________________________________________
361 Street Address of Principal Place of Residence
362____________________________________________________________________________
363 City County State Zip Code
364 Telephone Number (optional) _________________________
365 Email Address (optional) _____________________________________________
366 Last four digits of Social Security Number ______________________
367 Last former address at which I was registered to vote (if 02-21-23 1:34 PM H.B. 537
- 13 -
368known)__________________________
369____________________________________________________________________________
370 City County State Zip Code
371 Political Party
372 (a listing of each registered political party, as defined in Section 20A-8-101 and
373maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
374by a checkbox)
375 9Unaffiliated (no political party preference) 9Other (Please
376specify)___________________
377 I do swear (or affirm), subject to penalty of law for false statements, that the
378information contained in this form is true, and that I am a citizen of the United States and a
379resident of the state of Utah, residing at the above address. Unless I have indicated above that I
380am preregistering to vote in a later election, I will be at least 18 years of age and will have
381resided in Utah for 30 days immediately before the next election. I am not a convicted felon
382currently incarcerated for commission of a felony.
383 Signed and sworn
384 __________________________________________________________
385 Voter's Signature
386 _______________(month/day/year).
387 PRIVACY INFORMATION
388 Voter registration records contain some information that is available to the public, such
389as your name and address, some information that is available only to government entities, and
390some information that is available only to certain third parties in accordance with the
391requirements of law.
392 Your driver license number, identification card number, social security number, email
393address, full date of birth, and phone number are available only to government entities. Your
394year of birth is available to political parties, candidates for public office, certain third parties,
395and their contractors, employees, and volunteers, in accordance with the requirements of law.
396 You may request that all information on your voter registration records be withheld
397from all persons other than government entities, political parties, candidates for public office, H.B. 537 02-21-23 1:34 PM
- 14 -
398and their contractors, employees, and volunteers, by indicating here:
399 _____ Yes, I request that all information on my voter registration records be withheld
400from all persons other than government entities, political parties, candidates for public office,
401and their contractors, employees, and volunteers.
402 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
403 In addition to the protections provided above, you may request that all information on
404your voter registration records be withheld from all political parties, candidates for public
405office, and their contractors, employees, and volunteers, by submitting a withholding request
406form, and any required verification, as described in the following paragraphs.
407 A person may request that all information on the person's voter registration records be
408withheld from all political parties, candidates for public office, and their contractors,
409employees, and volunteers, by submitting a withholding request form with this registration
410record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
411resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
412 A person may request that all information on the person's voter registration records be
413withheld from all political parties, candidates for public office, and their contractors,
414employees, and volunteers, by submitting a withholding request form and any required
415verification with this registration form, or to the lieutenant governor or a county clerk, if the
416person is, or resides with a person who is, a law enforcement officer, a member of the armed
417forces, a public figure, or protected by a protective order or a protection order.
418 CITIZENSHIP AFFIDAVIT
419 Name:
420 Name at birth, if different:
421 Place of birth:
422 Date of birth:
423 Date and place of naturalization (if applicable):
424 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
425citizen and that to the best of my knowledge and belief the information above is true and
426correct.
427 ____________________________
428 Signature of Applicant 02-21-23 1:34 PM H.B. 537
- 15 -
429 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
430allowing yourself to be registered or preregistered to vote if you know you are not entitled to
431register or preregister to vote is up to one year in jail and a fine of up to $2,500.
432 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT
433VALID VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH
434MUST BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME
435AND PHOTOGRAPH; OR
436 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
437AND CURRENT ADDRESS.
438 FOR OFFICIAL USE ONLY
439 Type of I.D. ____________________________
440 Voting Precinct _________________________
441 Voting I.D. Number _____________________
442------------------------------------------------------------------------------------------------------------------
443 (c) [Beginning May 1, 2022, the] The voter registration form described in Subsection
444(1)(b) shall include a section in substantially the following form:
445------------------------------------------------------------------------------------------------------------------
446 REQUEST TO RECEIVE BALLOTS BY MAIL
447 You may request to receive your ballot by mail in all future elections by indicating here:
448 _____ Yes, I would like to receive my ballot by mail in all future elections.
449 You may, at a later date, submit a written request to the county clerk to stop receiving
450ballots by mail.
451 REQUEST TO RECEIVE BALLOT NOTIFICATIONS
452 If you have provided a phone number or email address, you can receive notifications by
453text message or email regarding the status of a ballot that is mailed to you or a ballot that you
454deposit in the mail or in a ballot drop box, by indicating here:
455 ______ Yes, I would like to receive electronic notifications regarding the status of my
456ballot.
457------------------------------------------------------------------------------------------------------------------
458 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
459of each voter registration form in a permanent countywide alphabetical file, which may be H.B. 537 02-21-23 1:34 PM
- 16 -
460electronic or some other recognized system.
461 (b) The county clerk may transfer a superseded voter registration form to the Division
462of Archives and Records Service created under Section 63A-12-101.
463 (3) (a) Each county clerk shall retain lists of currently registered voters.
464 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
465 (c) If there are any discrepancies between the two lists, the county clerk's list is the
466official list.
467 (d) The lieutenant governor and the county clerks may charge the fees established
468under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
469the list of registered voters.
470 (4) (a) As used in this Subsection (4), "qualified person" means:
471 (i) a government official or government employee acting in the government official's or
472government employee's capacity as a government official or a government employee;
473 (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
474independent contractor of a health care provider;
475 (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
476independent contractor of an insurance company;
477 (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
478independent contractor of a financial institution;
479 (v) a political party, or an agent, employee, or independent contractor of a political
480party;
481 (vi) a candidate for public office, or an employee, independent contractor, or volunteer
482of a candidate for public office; or
483 (vii) a person, or an agent, employee, or independent contractor of the person, who:
484 (A) provides the year of birth of a registered voter that is obtained from the list of
485registered voters only to a person who is a qualified person;
486 (B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
487birth that is obtained from the list of registered voters is provided, is a qualified person;
488 (C) ensures, using industry standard security measures, that the year of birth of a
489registered voter that is obtained from the list of registered voters may not be accessed by a
490person other than a qualified person; 02-21-23 1:34 PM H.B. 537
- 17 -
491 (D) verifies that each qualified person, other than a qualified person described in
492Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered
493voter that is obtained from the list of registered voters, will only use the year of birth to verify
494the accuracy of personal information submitted by an individual or to confirm the identity of a
495person in order to prevent fraud, waste, or abuse;
496 (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
497person provides the year of birth of a registered voter that is obtained from the list of registered
498voters, will only use the year of birth in the qualified person's capacity as a government official
499or government employee; and
500 (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
501whom the person provides the year of birth of a registered voter that is obtained from the list of
502registered voters, will only use the year of birth for a political purpose of the political party or
503candidate for public office.
504 (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
505Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
506providing the list of registered voters to a qualified person under this section, include, with the
507list, the years of birth of the registered voters, if:
508 (i) the lieutenant governor or a county clerk verifies the identity of the person and that
509the person is a qualified person; and
510 (ii) the qualified person signs a document that includes the following:
511 (A) the name, address, and telephone number of the person requesting the list of
512registered voters;
513 (B) an indication of the type of qualified person that the person requesting the list
514claims to be;
515 (C) a statement regarding the purpose for which the person desires to obtain the years
516of birth;
517 (D) a list of the purposes for which the qualified person may use the year of birth of a
518registered voter that is obtained from the list of registered voters;
519 (E) a statement that the year of birth of a registered voter that is obtained from the list
520of registered voters may not be provided or used for a purpose other than a purpose described
521under Subsection (4)(b)(ii)(D); H.B. 537 02-21-23 1:34 PM
- 18 -
522 (F) a statement that if the person obtains the year of birth of a registered voter from the
523list of registered voters under false pretenses, or provides or uses the year of birth of a
524registered voter that is obtained from the list of registered voters in a manner that is prohibited
525by law, is guilty of a class A misdemeanor and is subject to a civil fine;
526 (G) an assertion from the person that the person will not provide or use the year of
527birth of a registered voter that is obtained from the list of registered voters in a manner that is
528prohibited by law; and
529 (H) notice that if the person makes a false statement in the document, the person is
530punishable by law under Section 76-8-504.
531 (c) The lieutenant governor or a county clerk may not disclose the year of birth of a
532registered voter to a person that the lieutenant governor or county clerk reasonably believes:
533 (i) is not a qualified person or a person described in Subsection (4)(l); or
534 (ii) will provide or use the year of birth in a manner prohibited by law.
535 (d) The lieutenant governor or a county clerk may not disclose the voter registration
536form of a person, or information included in the person's voter registration form, whose voter
537registration form is classified as private under Subsection (4)(h) to a person other than:
538 (i) a government official or government employee acting in the government official's or
539government employee's capacity as a government official or government employee; or
540 (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
541described in Subsection (4)(a)(v) or (vi) for a political purpose.
542 (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
543governor or county clerk shall exclude the information described in Subsection
54463G-2-302(1)(j), other than the year of birth.
545 (f) The lieutenant governor or a county clerk may not disclose a withholding request
546form, described in Subsections (7) and (8), submitted by an individual, or information obtained
547from that form, to a person other than a government official or government employee acting in
548the government official's or government employee's capacity as a government official or
549government employee.
550 (g) A person is guilty of a class A misdemeanor if the person:
551 (i) obtains the year of birth of a registered voter from the list of registered voters under
552false pretenses; 02-21-23 1:34 PM H.B. 537
- 19 -
553 (ii) uses or provides the year of birth of a registered voter that is obtained from the list
554of registered voters in a manner that is not permitted by law;
555 (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
556false pretenses;
557 (iv) uses or provides information obtained from a voter registration record described in
558Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
559 (v) unlawfully discloses or obtains a voter registration record withheld under
560Subsection (7) or a withholding request form described in Subsections (7) and (8); or
561 (vi) unlawfully discloses or obtains information from a voter registration record
562withheld under Subsection (7) or a withholding request form described in Subsections (7) and
563(8).
564 (h) The lieutenant governor or a county clerk shall classify the voter registration record
565of a voter as a private record if the voter:
566 (i) submits a written application, created by the lieutenant governor, requesting that the
567voter's voter registration record be classified as private;
568 (ii) requests on the voter's voter registration form that the voter's voter registration
569record be classified as a private record; or
570 (iii) submits a withholding request form described in Subsection (7) and any required
571verification.
572 (i) The lieutenant governor or a county clerk may not disclose to a person described in
573Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
574registration record, if the record is withheld under Subsection (7).
575 (j) In addition to any criminal penalty that may be imposed under this section, the
576lieutenant governor may impose a civil fine against a person who violates a provision of this
577section, in an amount equal to the greater of:
578 (i) the product of 30 and the square root of the total number of:
579 (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
580dollar; or
581 (B) records from which information is obtained, provided, or used unlawfully, rounded
582to the nearest whole dollar; or
583 (ii) $200. H.B. 537 02-21-23 1:34 PM
- 20 -
584 (k) A qualified person may not obtain, provide, or use the year of birth of a registered
585voter, if the year of birth is obtained from the list of registered voters or from a voter
586registration record, unless the person:
587 (i) is a government official or government employee who obtains, provides, or uses the
588year of birth in the government official's or government employee's capacity as a government
589official or government employee;
590 (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
591uses the year of birth only to verify the accuracy of personal information submitted by an
592individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
593 (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
594provides, or uses the year of birth for a political purpose of the political party or candidate for
595public office; or
596 (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
597uses the year of birth to provide the year of birth to another qualified person to verify the
598accuracy of personal information submitted by an individual or to confirm the identity of a
599person in order to prevent fraud, waste, or abuse.
600 (l) The lieutenant governor or a county clerk may provide a year of birth to a member
601of the media, in relation to an individual designated by the member of the media, in order for
602the member of the media to verify the identity of the individual.
603 (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
604information from a voter registration record for a purpose other than a political purpose.
605 (5) When political parties not listed on the voter registration form qualify as registered
606political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
607lieutenant governor shall inform the county clerks of the name of the new political party and
608direct the county clerks to ensure that the voter registration form is modified to include that
609political party.
610 (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
611clerk's designee shall:
612 (a) review each voter registration form for completeness and accuracy; and
613 (b) if the county clerk believes, based upon a review of the form, that an individual
614may be seeking to register or preregister to vote who is not legally entitled to register or 02-21-23 1:34 PM H.B. 537
- 21 -
615preregister to vote, refer the form to the county attorney for investigation and possible
616prosecution.
617 (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
618person described in Subsection (4)(a)(i), the voter registration record, and information obtained
619from the voter registration record, of an individual:
620 (a) who submits a withholding request form, with the voter registration record or to the
621lieutenant governor or a county clerk, if:
622 (i) the individual indicates on the form that the individual, or an individual who resides
623with the individual, is a victim of domestic violence or dating violence or is likely to be a
624victim of domestic violence or dating violence; or
625 (ii) the individual indicates on the form and provides verification that the individual, or
626an individual who resides with the individual, is:
627 (A) a law enforcement officer;
628 (B) a member of the armed forces, as defined in Section 20A-1-513;
629 (C) a public figure; or
630 (D) protected by a protective order or protection order; or
631 (b) whose voter registration record was classified as a private record at the request of
632the individual before May 12, 2020.
633 (8) (a) The lieutenant governor shall design and distribute the withholding request form
634described in Subsection (7) to each election officer and to each agency that provides a voter
635registration form.
636 (b) An individual described in Subsection (7)(a)(i) is not required to provide
637verification, other than the individual's attestation and signature on the withholding request
638form, that the individual, or an individual who resides with the individual, is a victim of
639domestic violence or dating violence or is likely to be a victim of domestic violence or dating
640violence.
641 (c) The director of elections within the Office of the Lieutenant Governor shall make
642rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
643establishing requirements for providing the verification described in Subsection (7)(a)(ii).
644 (9) An election officer or an employee of an election officer may not encourage an
645individual to submit, or discourage an individual from submitting, a withholding request form. H.B. 537 02-21-23 1:34 PM
- 22 -
646 Section 3. Section 20A-2-306 is amended to read:
647 20A-2-306. Removing names from the official register -- Determining and
648confirming change of residence.
649 (1) A county clerk may not remove a voter's name from the official register on the
650grounds that the voter has changed residence unless the voter:
651 (a) confirms in writing that the voter has changed residence to a place outside the
652county; or
653 (b) (i) has not voted in an election during the period beginning on the date of the notice
654required by Subsection (3), and ending on the day after the date of the second regular general
655election occurring after the date of the notice; and
656 (ii) has failed to respond to the notice required by Subsection (3).
657 (2) (a) When a county clerk obtains information that a voter's address has changed and
658it appears that the voter still resides within the same county, the county clerk shall:
659 (i) change the official register to show the voter's new address; and
660 (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
661printed on a postage prepaid, preaddressed return form.
662 (b) When a county clerk obtains information that a voter's address has changed and it
663appears that the voter now resides in a different county, the county clerk shall verify the
664changed residence by sending to the voter, by forwardable mail, the notice required by
665Subsection (3) printed on a postage prepaid, preaddressed return form.
666 (3) (a) Each county clerk shall use substantially the following form to notify voters
667whose addresses have changed:
668 "VOTER REGISTRATION NOTICE
669 We have been notified that your residence has changed. Please read, complete, and
670return this form so that we can update our voter registration records. What is your current
671street address?
672___________________________________________________________________________
673 Street City County State Zip
674 What is your current phone number (optional)?________________________________
675 What is your current email address (optional)?_________________________________ 02-21-23 1:34 PM H.B. 537
- 23 -
676 If you have not changed your residence or have moved but stayed within the same
677county, you must complete and return this form to the county clerk so that it is received by the
678county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
679return this form within that time:
680 - you may be required to show evidence of your address to the poll worker before being
681allowed to vote in either of the next two regular general elections; or
682 - if you fail to vote at least once from the date this notice was mailed until the passing
683of two regular general elections, you will no longer be registered to vote. If you have changed
684your residence and have moved to a different county in Utah, you may register to vote by
685contacting the county clerk in your county.
686 ________________________________________
687 Signature of Voter
688 PRIVACY INFORMATION
689 Voter registration records contain some information that is available to the public, such
690as your name and address, some information that is available only to government entities, and
691some information that is available only to certain third parties in accordance with the
692requirements of law.
693 Your driver license number, identification card number, social security number, email
694address, full date of birth, and phone number are available only to government entities. Your
695year of birth is available to political parties, candidates for public office, certain third parties,
696and their contractors, employees, and volunteers, in accordance with the requirements of law.
697 You may request that all information on your voter registration records be withheld
698from all persons other than government entities, political parties, candidates for public office,
699and their contractors, employees, and volunteers, by indicating here:
700 _____ Yes, I request that all information on my voter registration records be withheld
701from all persons other than government entities, political parties, candidates for public office,
702and their contractors, employees, and volunteers.
703 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
704 In addition to the protections provided above, you may request that all information on
705your voter registration records be withheld from all political parties, candidates for public
706office, and their contractors, employees, and volunteers, by submitting a withholding request H.B. 537 02-21-23 1:34 PM
- 24 -
707form, and any required verification, as described in the following paragraphs.
708 A person may request that all information on the person's voter registration records be
709withheld from all political parties, candidates for public office, and their contractors,
710employees, and volunteers, by submitting a withholding request form with this registration
711record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
712resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
713 A person may request that all information on the person's voter registration records be
714withheld from all political parties, candidates for public office, and their contractors,
715employees, and volunteers, by submitting a withholding request form and any required
716verification with this registration form, or to the lieutenant governor or a county clerk, if the
717person is, or resides with a person who is, a law enforcement officer, a member of the armed
718forces, a public figure, or protected by a protective order or a protection order."
719 (b) [Beginning May 1, 2022, the] The form described in Subsection (3)(a) shall also
720include a section in substantially the following form:
721------------------------------------------------------------------------------------------------------------------
722 REQUEST TO RECEIVE BALLOTS BY MAIL
723 You may request to receive your ballot by mail in all future elections by indicating here:
724 _____ Yes, I would like to receive my ballot by mail in all future elections.
725 You may, at a later date, submit a written request to the county clerk to stop receiving
726ballots by mail.
727 REQUEST TO RECEIVE BALLOT NOTIFICATIONS
728 If you have provided a phone number or email address, you can receive notifications by
729text message or email regarding the status of a ballot that is mailed to you or a ballot that you
730deposit in the mail or in a ballot drop box, by indicating here:
731 ______ Yes, I would like to receive electronic notifications regarding the status of my
732ballot.
733------------------------------------------------------------------------------------------------------------------
734 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
735names of any voters from the official register during the 90 days before a regular primary
736election and the 90 days before a regular general election.
737 (b) The county clerk may remove the names of voters from the official register during 02-21-23 1:34 PM H.B. 537
- 25 -
738the 90 days before a regular primary election and the 90 days before a regular general election
739if:
740 (i) the voter requests, in writing, that the voter's name be removed; or
741 (ii) the voter has died.
742 (c) (i) After a county clerk mails a notice as required in this section, the county clerk
743may list that voter as inactive.
744 (ii) If a county clerk receives a returned voter identification card, determines that there
745was no clerical error causing the card to be returned, and has no further information to contact
746the voter, the county clerk may list that voter as inactive.
747 (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
748privileges of a registered voter.
749 (iv) A county is not required to send routine mailings to an inactive voter and is not
750required to count inactive voters when dividing precincts and preparing supplies.
751 (5) Beginning on or before January 1, 2022, the lieutenant governor shall make
752available to a county clerk United States Social Security Administration data received by the
753lieutenant governor regarding deceased individuals.
754 (6) A county clerk shall, within ten business days after the day on which the county
755clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
756relating to a decedent whose name appears on the official register, remove the decedent's name
757from the official register.
758 (7) Ninety days before each primary and general election the lieutenant governor shall
759compare the information the lieutenant governor has received under Subsection 26-2-13(11)
760with the official register of voters to ensure that all deceased voters have been removed from
761the official register.
762 Section 4. Section 20A-3a-202 is amended to read:
763 20A-3a-202. Conducting an election.
764 (1) As used in this section:
765 (a) "By-mail voter" means:
766 (i) an active voter who has requested, on a voter registration form or another form
767provided by a clerk, to receive a ballot by mail; or
768 (ii) a covered voter. H.B. 537 02-21-23 1:34 PM
- 26 -
769 (b) "Covered voter" means the same as that term is defined in Section 20A-16-102.
770 [(1)] (2) (a) Except as otherwise provided for an election conducted entirely by mail
771under Section 20A-7-609.5, an election officer shall administer an election [primarily] both in
772person, and by mail, in accordance with this section.
773 (b) An individual who did not provide valid voter identification at the time the voter
774registered to vote shall provide valid voter identification before voting.
775 (3) [(2)] (a) [An] Except as provided in Subsection (3)(b), an election officer who
776administers an election[:(a)] shall, in accordance with Subsection [(3)] (4), no sooner than 21
777days before election day and no later than seven days before election day, mail to each [active]
778by-mail voter within a voting precinct:
779 (i) a manual ballot;
780 (ii) a return envelope;
781 (iii) instructions for returning the ballot that include an express notice about any
782relevant deadlines that the voter must meet in order for the voter's vote to be counted;
783 (iv) for an election administered by a county clerk, information regarding the location
784and hours of operation of any election day voting center at which the voter may vote or a
785website address where the voter may view this information; and
786 (v) instructions on how a voter may sign up to receive electronic ballot status
787notifications via the ballot tracking system described in Section 20A-3a-401.5.
788 [(v)] (b) [for an election administered by an] An election officer, other than a county
789clerk, [if the election officer] who does not operate a polling place or an election day voting
790center[,] shall, in accordance with Subsection (4), no sooner than 21 days before election day
791and no later than seven days before election day, mail to each active voter within a voting
792precinct:
793 (i) a manual ballot;
794 (ii) a return envelope;
795 (iii) instructions for returning the ballot that include an express notice about any
796relevant deadlines that the voter must meet in order for the voter's vote to be counted;
797 (iv) a warning, on a separate page of colored paper in bold face print, indicating that if
798the voter fails to follow the instructions included with the ballot, the voter will be unable to
799vote in that election because there will be no polling place for the voting precinct on the day of 02-21-23 1:34 PM H.B. 537
- 27 -
800the election; and
801 [(vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
802ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;]
803 (v) instructions on how a voter may sign up to receive electronic ballot status
804notifications via the ballot tracking system described in Section 20A-3a-401.5.
805 [(b)] (c) An election officer:
806 (i) may not mail a ballot under this section to:
807 [(i)] (A) an inactive voter, unless the inactive voter requests a manual ballot; or
808 [(ii)] (B) a voter whom the election officer is prohibited from sending a ballot under
809Subsection [(10)(c)(ii)] (11)(c)(ii); and
810 [(c)] (ii) shall, on the outside of the envelope in which the election officer mails [the] a
811ballot, include instructions for returning the ballot if the individual to whom the election officer
812mails the ballot does not live at the address to which the ballot is sent.
813 [(3)] (4) (a) An election officer who mails a manual ballot under Subsection [(2)] (3)
814shall mail the manual ballot to the address:
815 (i) provided at the time of registration; or
816 (ii) if, at or after the time of registration, the voter files an alternate address request
817form described in Subsection [(3)(b)] (4)(b), the alternate address indicated on the form.
818 (b) The lieutenant governor shall make available to voters an alternate address request
819form that permits a voter to request that the election officer mail the voter's ballot to a location
820other than the voter's residence.
821 (c) A voter shall provide the completed alternate address request form to the election
822officer no later than 11 days before the day of the election.
823 [(4)] (5) [The] A return envelope shall include:
824 (a) the name, official title, and post office address of the election officer on the front of
825the envelope;
826 (b) a space where a voter may write an email address and phone number by which the
827election officer may contact the voter if the voter's ballot is rejected;
828 (c) a printed affidavit in substantially the following form:
829 "County of ____State of ____
830 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct H.B. 537 02-21-23 1:34 PM
- 28 -
831in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
832currently incarcerated for commission of a felony.
833 ______________________________
834 Signature of Voter"; and
835 (d) a warning that the affidavit must be signed by the individual to whom the ballot
836was sent and that the ballot will not be counted if the signature on the affidavit does not match
837the signature on file with the election officer of the individual to whom the ballot was sent.
838 [(5)] (6) If the election officer determines that the voter is required to show valid voter
839identification, the election officer may:
840 (a) mail a ballot to the voter;
841 (b) instruct the voter to include a copy of the voter's valid voter identification with the
842return ballot; and
843 (c) provide instructions to the voter on how the voter may sign up to receive electronic
844ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
845 [(6)] (7) An election officer who administers an election shall:
846 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
847election; or
848 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
849and
850 (b) maintain the signatures on file in the election officer's office.
851 [(7)] (8) Upon receipt of a returned ballot, the election officer shall review and process
852the ballot under Section 20A-3a-401.
853 [(8)] (9) A county that administers an election:
854 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
855Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
856additional election day voting center for every 5,000 active voters in the county who have not
857requested to [not] receive a ballot by mail;
858 (b) shall ensure that each election day voting center operated by the county has at least
859one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
860Pub. L. No. 107-252, for individuals with disabilities;
861 (c) may reduce the early voting period described in Section 20A-3a-601, if: 02-21-23 1:34 PM H.B. 537
- 29 -
862 (i) the county clerk conducts early voting on at least four days;
863 (ii) the early voting days are within the period beginning on the date that is 14 days
864before the date of the election and ending on the day before the election; and
865 (iii) the county clerk provides notice of the reduced early voting period in accordance
866with Section 20A-3a-604;
867 (d) is not required to pay return postage for a ballot; and
868 (e) is subject to an audit conducted under Subsection [(9)] (10).
869 [(9)] (10) (a) The lieutenant governor shall:
870 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
871an election conducted under this section; and
872 (ii) after each primary, general, or special election conducted under this section, select
873a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
874developed under Subsection [(9)(a)(i)] (10)(a)(i).
875 (b) The lieutenant governor shall post the results of an audit conducted under this
876Subsection [(9)] (10) on the lieutenant governor's website.
877 [(10)] (11) (a) An individual who has previously requested to receive a ballot by mail
878may request that the election officer not send the individual a ballot by mail in the next and
879subsequent elections by submitting a written request to the election officer.
880 (b) An individual shall submit the request described in Subsection [(10)(a)] (11)(a) to
881the election officer before 5 p.m. no later than 60 days before an election if the individual does
882not wish to receive a ballot by mail in that election.
883 (c) An election officer who receives a request from an individual under Subsection
884[(10)(a)] (11)(a):
885 (i) shall remove the individual's name from the list of voters who will receive a ballot
886by mail; and
887 (ii) may not send the individual a ballot by mail for:
888 (A) the next election, if the individual submits the request described in Subsection
889[(10)(a)] (11)(a) before the deadline described in Subsection [(10)(b)] (11)(b); or
890 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (11)(c)(ii)(A).
891 (d) An individual who submits a request under Subsection [(10)(a)] (11)(a) may
892resume the individual's receipt of a ballot by mail by submitting a written request to the H.B. 537 02-21-23 1:34 PM
- 30 -
893election officer.
894 Section 5. Section 20A-3a-202.5 is enacted to read:
895 20A-3a-202.5. Request for ballot by mail -- Notice.
896 No sooner than July 1, 2023, and no later than September 1, 2023, a county clerk shall
897mail to each active voter, other than a covered voter, whose principal place of residence is in
898the county:
899 (1) a notice informing the voter that, except in limited circumstances, the voter will not
900receive a ballot by mail for an election held after 2023, unless the voter requests otherwise in
901writing; and
902 (2) a form that the voter may use to request that the voter receive a ballot by mail in all
903future elections.
904 Section 6. Section 20A-5-804 is amended to read:
905 20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
906Matching funds -- Acceptable uses.
907 (1) As used in this section:
908 (a) "Program" means the Voting Equipment Grant Program created in this section.
909 (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
910 (i) the total amount of funds appropriated by the Legislature to the program; and
911 (ii) the quotient of:
912 (A) the total number of active voters in a county; and
913 (B) the total number of registered voters in the state.
914 (2) (a) There is created the Voting Equipment Grant Program as a grant program to
915assist counties in purchasing new voting equipment systems.
916 (b) The lieutenant governor shall administer the program using funds appropriated by
917the Legislature for the purpose of administering the program.
918 (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
919Lieutenant Governor to participate in and receive funds from the program.
920 (b) A proposal described in Subsection (3)(a) shall:
921 (i) describe the current condition of the voting equipment used by the county;
922 (ii) describe the county's need for a new voting equipment system;
923 (iii) describe how the county plans to comply with the requirements described in 02-21-23 1:34 PM H.B. 537
- 31 -
924Subsection (4), including:
925 (A) a description of how the county plans to provide the matching funds described in
926Subsection (4)(b) if the proposal is accepted; and
927 (B) a schedule by which the requirements will be met; and
928 (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
929system.
930 (4) A county that receives funds through a program grant:
931 (a) shall use the funds to purchase a new voting equipment system that:
932 (i) meets the requirements of Section 20A-5-802;
933 (ii) creates a secure and auditable paper record of each vote; and
934 (iii) complies with any additional binding requirement made under Subsection
93520A-5-803(8) by the Voting Equipment Selection Committee;
936 (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
937matching funds equal to or greater than the difference of:
938 (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
939governor accepts under Subsection (6)(b); and
940 (ii) the amount the lieutenant governor is required to disburse to the county under
941Subsection (7)(a);
942 (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
943Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
944 (d) except as provided in Subsection (5), may not, after using a new voting equipment
945system in an election that was purchased under this section, use voting equipment that does not
946meet the requirements described in Subsection (4)(a); and
947 (e) shall purchase a new voting equipment system described under Subsection (4)(a)
948that provides the best value to the county with consideration for the new voting equipment
949system's:
950 (i) cost of maintenance;
951 (ii) estimated operational lifetime; and
952 (iii) cost of replacement.
953 (5) A county that receives funds through the program may use voting equipment that
954does not comply with the requirements described in Subsection (4)(a)(ii) or (iii): H.B. 537 02-21-23 1:34 PM
- 32 -
955 (a) to the extent that using the voting equipment is necessary to accommodate a person
956with a disability in accordance with the requirements described in Subsection
957[20A-3a-202(8)(b)] 20A-3a-202(9)(b), 20A-3a-603(1)(c), 20A-5-303(8), or
95820A-5-403(2)(b)(iii); or
959 (b) if the county purchased the voting equipment before receiving grant funds under
960Subsection (7)(a).
961 (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
962shall:
963 (a) review the proposal to ensure that:
964 (i) the proposal complies with the requirements described in Subsection (3); and
965 (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
966 (b) (i) if the proposal complies with the requirements described in Subsection (3), the
967cost estimate appears to be reasonably accurate, and sufficient program funds are available:
968 (A) accept the proposal;
969 (B) notify the county clerk of the county that submitted the proposal that the proposal
970is accepted;
971 (C) notify the county clerk of the requirements described in Subsection (7); and
972 (D) disburse the funds described in Subsection (7)(a), in accordance with the
973requirements described in Subsection (7)(b), to the county that submitted the proposal; or
974 (ii) if the proposal does not comply with the requirements described in Subsection (3),
975the cost estimate does not appear to be reasonable, or sufficient program funds are not
976available:
977 (A) reject the proposal; and
978 (B) notify the county clerk of the county that submitted the proposal that the proposal
979is rejected, indicating the reason that the proposal is rejected.
980 (7) The lieutenant governor:
981 (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
982 (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
983lieutenant governor accepts under Subsection (6)(b); or
984 (ii) the proportional reimbursement rate; and
985 (b) may not disburse funds under Subsection (6)(b)(i)(D): 02-21-23 1:34 PM H.B. 537
- 33 -
986 (i) until the county appropriates the matching funds described in Subsection (4)(b); or
987 (ii) if the disbursement would cause the county's total receipt of funds from the
988program to exceed the proportional reimbursement rate.
989 Section 7. Section 20A-6-105 is amended to read:
990 20A-6-105. Provisional ballot envelopes.
991 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
992substantially the following form:
993 "AFFIRMATION
994 Are you a citizen of the United States of America? Yes No
995 Will you be 18 years old on or before election day? Yes No
996 If you checked "no" in response to either of the two above questions, do not complete
997this form.
998 Name of Voter _________________________________________________________
999 First Middle Last
1000 Driver License or Identification Card Number _________________________________
1001 State of Issuance of Driver License or Identification Card Number _________________
1002 Date of Birth ___________________________________________________________
1003 Street Address of Principal Place of Residence
1004 ______________________________________________________________________
1005 City County State Zip Code
1006 Telephone Number (optional) ______________________________________________
1007 Email Address (optional)__________________________________________________
1008 Last four digits of Social Security Number ____________________________
1009 Last former address at which I was registered to vote (if known)
1010 ______________________________________________________________________
1011 City County State Zip Code
1012 Voting Precinct (if known)
1013_________________________________________________
1014 I, (please print your full name)__________________________do solemnly swear or
1015affirm:
1016 That I am eligible to vote in this election; that I have not voted in this election in any H.B. 537 02-21-23 1:34 PM
- 34 -
1017other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
1018vote in this precinct; and
1019 Subject to penalty of law for false statements, that the information contained in this
1020form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
1021above address; and that I am at least 18 years old and have resided in Utah for the 30 days
1022immediately before this election.
1023 Signed _______________________________________________________________
1024 Dated ______________________________
1025 In accordance with Section 20A-3a-506, wilfully providing false information above is a
1026class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
1027 REQUEST TO RECEIVE BALLOTS BY MAIL
1028 You may request to receive your ballot by mail in all future elections by indicating here:
1029 _____ Yes, I would like to receive my ballot by mail in all future elections.
1030 You may, at a later date, submit a written request to the county clerk to stop receiving
1031ballots by mail.
1032 PRIVACY INFORMATION
1033 Voter registration records contain some information that is available to the public, such
1034as your name and address, some information that is available only to government entities, and
1035some information that is available only to certain third parties in accordance with the
1036requirements of law.
1037 Your driver license number, identification card number, social security number, email
1038address, full date of birth, and phone number are available only to government entities. Your
1039year of birth is available to political parties, candidates for public office, certain third parties,
1040and their contractors, employees, and volunteers, in accordance with the requirements of law.
1041 You may request that all information on your voter registration records be withheld
1042from all persons other than government entities, political parties, candidates for public office,
1043and their contractors, employees, and volunteers, by indicating here:
1044 _____ Yes, I request that all information on my voter registration records be withheld
1045from all persons other than government entities, political parties, candidates for public office,
1046and their contractors, employees, and volunteers.
1047 REQUEST FOR ADDITIONAL PRIVACY PROTECTION 02-21-23 1:34 PM H.B. 537
- 35 -
1048 In addition to the protections provided above, you may request that all information on
1049your voter registration records be withheld from all political parties, candidates for public
1050office, and their contractors, employees, and volunteers, by submitting a withholding request
1051form, and any required verification, as described in the following paragraphs.
1052 A person may request that all information on the person's voter registration records be
1053withheld from all political parties, candidates for public office, and their contractors,
1054employees, and volunteers, by submitting a withholding request form with this registration
1055record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
1056resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
1057 A person may request that all information on the person's voter registration records be
1058withheld from all political parties, candidates for public office, and their contractors,
1059employees, and volunteers, by submitting a withholding request form and any required
1060verification with this registration form, or to the lieutenant governor or a county clerk, if the
1061person is, or resides with a person who is, a law enforcement officer, a member of the armed
1062forces, a public figure, or protected by a protective order or a protection order.
1063 CITIZENSHIP AFFIDAVIT
1064 Name:
1065 Name at birth, if different:
1066 Place of birth:
1067 Date of birth:
1068 Date and place of naturalization (if applicable):
1069 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1070citizen and that to the best of my knowledge and belief the information above is true and
1071correct.
1072 ____________________________
1073 Signature of Applicant
1074 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1075allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1076up to one year in jail and a fine of up to $2,500."
1077 (2) The provisional ballot envelope shall include:
1078 (a) a unique number; H.B. 537 02-21-23 1:34 PM
- 36 -
1079 (b) a detachable part that includes the unique number;
1080 (c) a telephone number, internet address, or other indicator of a means, in accordance
1081with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted;
1082and
1083 (d) beginning May 1, 2022, an insert containing written instructions on how a voter
1084may sign up to receive ballot status notifications via the ballot tracking system described in
1085Section 20A-3a-401.5.
1086 Section 8. Section 63I-2-220 is amended to read:
1087 63I-2-220. Repeal dates: Title 20A.
1088 (1) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1089repealed January 1, 2026.
1090 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1091 (3) Section 20A-5-804 is repealed July 1, 2023.
1092 Section 9. Effective date.
1093 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
1094 (2) The actions affecting Section 20A-3a-202 take effect on January 1, 2024.