Utah 2023 Regular Session

Utah House Bill HB0537 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	H.B. 537
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: T.R. Vaughn 6
4	4	6 02-21-23 1:34 PM 6
5	5	H.B. 537
6	6	1 VOTING AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Kera Birkeland
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill modifies provisions relating to mailed ballots.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <provides that, subject to certain exceptions, an election officer is only required to
18	18	13send ballots by mail to active voters who request, in a voter registration form or
19	19	14another written document, to receive ballots for all future elections by mail;
20	20	15 <modifies the voter registration form to permit a voter to make the request described
21	21	16in the preceding paragraph;
22	22	17 <requires a county clerk to, subject to certain exceptions:
23	23	18 Cnotify active voters of the requirement to request to receive ballots by mail; and
24	24	19 Cprovide active voters with a form to make the request;
25	25	20 <permits a voter to request to stop receiving ballots by mail; and
26	26	21 <makes technical and conforming amendments.
27	27	22Money Appropriated in this Bill:
28	28	23 None
29	29	24Other Special Clauses:
30	30	25 This bill provides a special effective date.
31	31	26Utah Code Sections Affected:
32	32	27AMENDS:
33	33	HB0537 H.B. 537 02-21-23 1:34 PM
34	34	- 2 -
35	35	28 20A-1-102, as last amended by Laws of Utah 2022, Chapters 18, 170
36	36	29 20A-2-104, as last amended by Laws of Utah 2021, Chapter 100
37	37	30 20A-2-306, as last amended by Laws of Utah 2022, Chapter 121
38	38	31 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
39	39	32 20A-5-804, as last amended by Laws of Utah 2020, Chapter 31
40	40	33 20A-6-105, as last amended by Laws of Utah 2021, Chapter 100
41	41	34 63I-2-220, as last amended by Laws of Utah 2021, Second Special Session, Chapter 6
42	42	35ENACTS:
43	43	36 20A-3a-202.5, Utah Code Annotated 1953
44	44	37
45	45	38Be it enacted by the Legislature of the state of Utah:
46	46	39 Section 1. Section 20A-1-102 is amended to read:
47	47	40 20A-1-102. Definitions.
48	48	41 As used in this title:
49	49	42 (1) "Active voter" means a registered voter who has not been classified as an inactive
50	50	43voter by the county clerk.
51	51	44 (2) "Automatic tabulating equipment" means apparatus that automatically examines
52	52	45and counts votes recorded on ballots and tabulates the results.
53	53	46 (3) (a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
54	54	47storage medium, that records an individual voter's vote.
55	55	48 (b) "Ballot" does not include a record to tally multiple votes.
56	56	49 (4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
57	57	50on the ballot for their approval or rejection including:
58	58	51 (a) an opinion question specifically authorized by the Legislature;
59	59	52 (b) a constitutional amendment;
60	60	53 (c) an initiative;
61	61	54 (d) a referendum;
62	62	55 (e) a bond proposition;
63	63	56 (f) a judicial retention question;
64	64	57 (g) an incorporation of a city or town; or
65	65	58 (h) any other ballot question specifically authorized by the Legislature. 02-21-23 1:34 PM H.B. 537
66	66	- 3 -
67	67	59 (5) "Bind," "binding," or "bound" means securing more than one piece of paper
68	68	60together using staples or another means in at least three places across the top of the paper in the
69	69	61blank space reserved for securing the paper.
70	70	62 (6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
71	71	6320A-4-306 to canvass election returns.
72	72	64 (7) "Bond election" means an election held for the purpose of approving or rejecting
73	73	65the proposed issuance of bonds by a government entity.
74	74	66 (8) "Business reply mail envelope" means an envelope that may be mailed free of
75	75	67charge by the sender.
76	76	68 (9) "Canvass" means the review of election returns and the official declaration of
77	77	69election results by the board of canvassers.
78	78	70 (10) "Canvassing judge" means a poll worker designated to assist in counting ballots at
79	79	71the canvass.
80	80	72 (11) "Contracting election officer" means an election officer who enters into a contract
81	81	73or interlocal agreement with a provider election officer.
82	82	74 (12) "Convention" means the political party convention at which party officers and
83	83	75delegates are selected.
84	84	76 (13) "Counting center" means one or more locations selected by the election officer in
85	85	77charge of the election for the automatic counting of ballots.
86	86	78 (14) "Counting judge" means a poll worker designated to count the ballots during
87	87	79election day.
88	88	80 (15) "Counting room" means a suitable and convenient private place or room for use
89	89	81by the poll workers and counting judges to count ballots.
90	90	82 (16) "County officers" means those county officers that are required by law to be
91	91	83elected.
92	92	84 (17) "Date of the election" or "election day" or "day of the election":
93	93	85 (a) means the day that is specified in the calendar year as the day that the election
94	94	86occurs; and
95	95	87 (b) does not include:
96	96	88 (i) deadlines established for voting by mail, military-overseas voting, or emergency
97	97	89voting; or H.B. 537 02-21-23 1:34 PM
98	98	- 4 -
99	99	90 (ii) any early voting or early voting period as provided under Chapter 3a, Part 6, Early
100	100	91Voting.
101	101	92 (18) "Elected official" means:
102	102	93 (a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
103	103	94Municipal Alternate Voting Methods Pilot Project;
104	104	95 (b) a person who is considered to be elected to a municipal office in accordance with
105	105	96Subsection 20A-1-206(1)(c)(ii); or
106	106	97 (c) a person who is considered to be elected to a local district office in accordance with
107	107	98Subsection 20A-1-206(3)(b)(ii).
108	108	99 (19) "Election" means a regular general election, a municipal general election, a
109	109	100statewide special election, a local special election, a regular primary election, a municipal
110	110	101primary election, and a local district election.
111	111	102 (20) "Election Assistance Commission" means the commission established by the Help
112	112	103America Vote Act of 2002, Pub. L. No. 107-252.
113	113	104 (21) "Election cycle" means the period beginning on the first day persons are eligible to
114	114	105file declarations of candidacy and ending when the canvass is completed.
115	115	106 (22) "Election judge" means a poll worker that is assigned to:
116	116	107 (a) preside over other poll workers at a polling place;
117	117	108 (b) act as the presiding election judge; or
118	118	109 (c) serve as a canvassing judge, counting judge, or receiving judge.
119	119	110 (23) "Election officer" means:
120	120	111 (a) the lieutenant governor, for all statewide ballots and elections;
121	121	112 (b) the county clerk for:
122	122	113 (i) a county ballot and election; and
123	123	114 (ii) a ballot and election as a provider election officer as provided in Section
124	124	11520A-5-400.1 or 20A-5-400.5;
125	125	116 (c) the municipal clerk for:
126	126	117 (i) a municipal ballot and election; and
127	127	118 (ii) a ballot and election as a provider election officer as provided in Section
128	128	11920A-5-400.1 or 20A-5-400.5;
129	129	120 (d) the local district clerk or chief executive officer for: 02-21-23 1:34 PM H.B. 537
130	130	- 5 -
131	131	121 (i) a local district ballot and election; and
132	132	122 (ii) a ballot and election as a provider election officer as provided in Section
133	133	12320A-5-400.1 or 20A-5-400.5; or
134	134	124 (e) the business administrator or superintendent of a school district for:
135	135	125 (i) a school district ballot and election; and
136	136	126 (ii) a ballot and election as a provider election officer as provided in Section
137	137	12720A-5-400.1 or 20A-5-400.5.
138	138	128 (24) "Election official" means any election officer, election judge, or poll worker.
139	139	129 (25) "Election results" means:
140	140	130 (a) for an election other than a bond election, the count of votes cast in the election and
141	141	131the election returns requested by the board of canvassers; or
142	142	132 (b) for bond elections, the count of those votes cast for and against the bond
143	143	133proposition plus any or all of the election returns that the board of canvassers may request.
144	144	134 (26) "Election returns" includes the pollbook, the military and overseas absentee voter
145	145	135registration and voting certificates, one of the tally sheets, any unprocessed ballots, all counted
146	146	136ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
147	147	137the total votes cast form.
148	148	138 (27) "Electronic signature" means an electronic sound, symbol, or process attached to
149	149	139or logically associated with a record and executed or adopted by a person with the intent to sign
150	150	140the record.
151	151	141 (28) "Inactive voter" means a registered voter who is listed as inactive by a county
152	152	142clerk under Subsection 20A-2-306(4)(c)(i) or (ii).
153	153	143 (29) "Judicial office" means the office filled by any judicial officer.
154	154	144 (30) "Judicial officer" means any justice or judge of a court of record or any county
155	155	145court judge.
156	156	146 (31) "Local district" means a local government entity under Title 17B, Limited Purpose
157	157	147Local Government Entities - Local Districts, and includes a special service district under Title
158	158	14817D, Chapter 1, Special Service District Act.
159	159	149 (32) "Local district officers" means those local district board members that are required
160	160	150by law to be elected.
161	161	151 (33) "Local election" means a regular county election, a regular municipal election, a H.B. 537 02-21-23 1:34 PM
162	162	- 6 -
163	163	152municipal primary election, a local special election, a local district election, and a bond
164	164	153election.
165	165	154 (34) "Local political subdivision" means a county, a municipality, a local district, or a
166	166	155local school district.
167	167	156 (35) "Local special election" means a special election called by the governing body of a
168	168	157local political subdivision in which all registered voters of the local political subdivision may
169	169	158vote.
170	170	159 (36) "Manual ballot" means a paper document produced by an election officer on
171	171	160which an individual records an individual's vote by directly placing a mark on the paper
172	172	161document using a pen or other marking instrument.
173	173	162 (37) "Mechanical ballot" means a record, including a paper record, electronic record, or
174	174	163mechanical record, that:
175	175	164 (a) is created via electronic or mechanical means; and
176	176	165 (b) records an individual voter's vote cast via a method other than an individual directly
177	177	166placing a mark, using a pen or other marking instrument, to record an individual voter's vote.
178	178	167 (38) "Municipal executive" means:
179	179	168 (a) the mayor in the council-mayor form of government defined in Section 10-3b-102;
180	180	169 (b) the mayor in the council-manager form of government defined in Subsection
181	181	17010-3b-103(7); or
182	182	171 (c) the chair of a metro township form of government defined in Section 10-3b-102.
183	183	172 (39) "Municipal general election" means the election held in municipalities and, as
184	184	173applicable, local districts on the first Tuesday after the first Monday in November of each
185	185	174odd-numbered year for the purposes established in Section 20A-1-202.
186	186	175 (40) "Municipal legislative body" means:
187	187	176 (a) the council of the city or town in any form of municipal government; or
188	188	177 (b) the council of a metro township.
189	189	178 (41) "Municipal office" means an elective office in a municipality.
190	190	179 (42) "Municipal officers" means those municipal officers that are required by law to be
191	191	180elected.
192	192	181 (43) "Municipal primary election" means an election held to nominate candidates for
193	193	182municipal office. 02-21-23 1:34 PM H.B. 537
194	194	- 7 -
195	195	183 (44) "Municipality" means a city, town, or metro township.
196	196	184 (45) "Official ballot" means the ballots distributed by the election officer for voters to
197	197	185record their votes.
198	198	186 (46) "Official endorsement" means the information on the ballot that identifies:
199	199	187 (a) the ballot as an official ballot;
200	200	188 (b) the date of the election; and
201	201	189 (c) (i) for a ballot prepared by an election officer other than a county clerk, the
202	202	190facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
203	203	191 (ii) for a ballot prepared by a county clerk, the words required by Subsection
204	204	19220A-6-301(1)(b)(iii).
205	205	193 (47) "Official register" means the official record furnished to election officials by the
206	206	194election officer that contains the information required by Section 20A-5-401.
207	207	195 (48) "Political party" means an organization of registered voters that has qualified to
208	208	196participate in an election by meeting the requirements of Chapter 8, Political Party Formation
209	209	197and Procedures.
210	210	198 (49) (a) "Poll worker" means a person assigned by an election official to assist with an
211	211	199election, voting, or counting votes.
212	212	200 (b) "Poll worker" includes election judges.
213	213	201 (c) "Poll worker" does not include a watcher.
214	214	202 (50) "Pollbook" means a record of the names of voters in the order that they appear to
215	215	203cast votes.
216	216	204 (51) "Polling place" means a building where voting is conducted.
217	217	205 (52) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
218	218	206in which the voter marks the voter's choice.
219	219	207 (53) "Presidential Primary Election" means the election established in Chapter 9, Part
220	220	2088, Presidential Primary Election.
221	221	209 (54) "Primary convention" means the political party conventions held during the year
222	222	210of the regular general election.
223	223	211 (55) "Protective counter" means a separate counter, which cannot be reset, that:
224	224	212 (a) is built into a voting machine; and
225	225	213 (b) records the total number of movements of the operating lever. H.B. 537 02-21-23 1:34 PM
226	226	- 8 -
227	227	214 (56) "Provider election officer" means an election officer who enters into a contract or
228	228	215interlocal agreement with a contracting election officer to conduct an election for the
229	229	216contracting election officer's local political subdivision in accordance with Section
230	230	21720A-5-400.1.
231	231	218 (57) "Provisional ballot" means a ballot voted provisionally by a person:
232	232	219 (a) whose name is not listed on the official register at the polling place;
233	233	220 (b) whose legal right to vote is challenged as provided in this title; or
234	234	221 (c) whose identity was not sufficiently established by a poll worker.
235	235	222 (58) "Provisional ballot envelope" means an envelope printed in the form required by
236	236	223Section 20A-6-105 that is used to identify provisional ballots and to provide information to
237	237	224verify a person's legal right to vote.
238	238	225 (59) (a) "Public figure" means an individual who, due to the individual being
239	239	226considered for, holding, or having held a position of prominence in a public or private capacity,
240	240	227or due to the individual's celebrity status, has an increased risk to the individual's safety.
241	241	228 (b) "Public figure" does not include an individual:
242	242	229 (i) elected to public office; or
243	243	230 (ii) appointed to fill a vacancy in an elected public office.
244	244	231 (60) "Qualify" or "qualified" means to take the oath of office and begin performing the
245	245	232duties of the position for which the individual was elected.
246	246	233 (61) "Receiving judge" means the poll worker that checks the voter's name in the
247	247	234official register at a polling place and provides the voter with a ballot.
248	248	235 (62) "Registration form" means a form by which an individual may register to vote
249	249	236under this title.
250	250	237 (63) "Regular ballot" means a ballot that is not a provisional ballot.
251	251	238 (64) "Regular general election" means the election held throughout the state on the first
252	252	239Tuesday after the first Monday in November of each even-numbered year for the purposes
253	253	240established in Section 20A-1-201.
254	254	241 (65) "Regular primary election" means the election, held on the date specified in
255	255	242Section 20A-1-201.5, to nominate candidates of political parties and candidates for nonpartisan
256	256	243local school board positions to advance to the regular general election.
257	257	244 (66) "Resident" means a person who resides within a specific voting precinct in Utah. 02-21-23 1:34 PM H.B. 537
258	258	- 9 -
259	259	245 (67) "Return envelope" means the envelope, described in Subsection [20A-3a-202(4)]
260	260	24620A-3a-202(5), provided to a voter with a manual ballot:
261	261	247 (a) into which the voter places the manual ballot after the voter has voted the manual
262	262	248ballot in order to preserve the secrecy of the voter's vote; and
263	263	249 (b) that includes the voter affidavit and a place for the voter's signature.
264	264	250 (68) "Sample ballot" means a mock ballot similar in form to the official ballot,
265	265	251published as provided in Section 20A-5-405.
266	266	252 (69) "Special election" means an election held as authorized by Section 20A-1-203.
267	267	253 (70) "Spoiled ballot" means each ballot that:
268	268	254 (a) is spoiled by the voter;
269	269	255 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
270	270	256 (c) lacks the official endorsement.
271	271	257 (71) "Statewide special election" means a special election called by the governor or the
272	272	258Legislature in which all registered voters in Utah may vote.
273	273	259 (72) "Tabulation system" means a device or system designed for the sole purpose of
274	274	260tabulating votes cast by voters at an election.
275	275	261 (73) "Ticket" means a list of:
276	276	262 (a) political parties;
277	277	263 (b) candidates for an office; or
278	278	264 (c) ballot propositions.
279	279	265 (74) "Transfer case" means the sealed box used to transport voted ballots to the
280	280	266counting center.
281	281	267 (75) "Vacancy" means the absence of a person to serve in any position created by
282	282	268statute, whether that absence occurs because of death, disability, disqualification, resignation,
283	283	269or other cause.
284	284	270 (76) "Valid voter identification" means:
285	285	271 (a) a form of identification that bears the name and photograph of the voter which may
286	286	272include:
287	287	273 (i) a currently valid Utah driver license;
288	288	274 (ii) a currently valid identification card that is issued by:
289	289	275 (A) the state; or H.B. 537 02-21-23 1:34 PM
290	290	- 10 -
291	291	276 (B) a branch, department, or agency of the United States;
292	292	277 (iii) a currently valid Utah permit to carry a concealed weapon;
293	293	278 (iv) a currently valid United States passport; or
294	294	279 (v) a currently valid United States military identification card;
295	295	280 (b) one of the following identification cards, whether or not the card includes a
296	296	281photograph of the voter:
297	297	282 (i) a valid tribal identification card;
298	298	283 (ii) a Bureau of Indian Affairs card; or
299	299	284 (iii) a tribal treaty card; or
300	300	285 (c) two forms of identification not listed under Subsection (76)(a) or (b) but that bear
301	301	286the name of the voter and provide evidence that the voter resides in the voting precinct, which
302	302	287may include:
303	303	288 (i) a current utility bill or a legible copy thereof, dated within the 90 days before the
304	304	289election;
305	305	290 (ii) a bank or other financial account statement, or a legible copy thereof;
306	306	291 (iii) a certified birth certificate;
307	307	292 (iv) a valid social security card;
308	308	293 (v) a check issued by the state or the federal government or a legible copy thereof;
309	309	294 (vi) a paycheck from the voter's employer, or a legible copy thereof;
310	310	295 (vii) a currently valid Utah hunting or fishing license;
311	311	296 (viii) certified naturalization documentation;
312	312	297 (ix) a currently valid license issued by an authorized agency of the United States;
313	313	298 (x) a certified copy of court records showing the voter's adoption or name change;
314	314	299 (xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
315	315	300 (xii) a currently valid identification card issued by:
316	316	301 (A) a local government within the state;
317	317	302 (B) an employer for an employee; or
318	318	303 (C) a college, university, technical school, or professional school located within the
319	319	304state; or
320	320	305 (xiii) a current Utah vehicle registration.
321	321	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
322	322	- 11 -
323	323	307candidate by following the procedures and requirements of this title.
324	324	308 (78) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter, by:
325	325	309 (a) mailing the ballot to the location designated in the mailing; or
326	326	310 (b) depositing the ballot in a ballot drop box designated by the election officer.
327	327	311 (79) "Voter" means an individual who:
328	328	312 (a) meets the requirements for voting in an election;
329	329	313 (b) meets the requirements of election registration;
330	330	314 (c) is registered to vote; and
331	331	315 (d) is listed in the official register book.
332	332	316 (80) "Voter registration deadline" means the registration deadline provided in Section
333	333	31720A-2-102.5.
334	334	318 (81) "Voting area" means the area within six feet of the voting booths, voting
335	335	319machines, and ballot box.
336	336	320 (82) "Voting booth" means:
337	337	321 (a) the space or compartment within a polling place that is provided for the preparation
338	338	322of ballots, including the voting enclosure or curtain; or
339	339	323 (b) a voting device that is free standing.
340	340	324 (83) "Voting device" means any device provided by an election officer for a voter to
341	341	325vote a mechanical ballot.
342	342	326 (84) "Voting precinct" means the smallest geographical voting unit, established under
343	343	327Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
344	344	328 (85) "Watcher" means an individual who complies with the requirements described in
345	345	329Section 20A-3a-801 to become a watcher for an election.
346	346	330 (86) "Write-in ballot" means a ballot containing any write-in votes.
347	347	331 (87) "Write-in vote" means a vote cast for an individual, whose name is not printed on
348	348	332the ballot, in accordance with the procedures established in this title.
349	349	333 Section 2. Section 20A-2-104 is amended to read:
350	350	334 20A-2-104. Voter registration form -- Registered voter lists -- Fees for copies.
351	351	335 (1) (a) As used in this section:
352	352	336 (i) "Candidate for public office" means an individual:
353	353	337 (A) who files a declaration of candidacy for a public office; H.B. 537 02-21-23 1:34 PM
354	354	- 12 -
355	355	338 (B) who files a notice of intent to gather signatures under Section 20A-9-408; or
356	356	339 (C) employed by, under contract with, or a volunteer of, an individual described in
357	357	340Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
358	358	341 (ii) "Dating violence" means the same as that term is defined in [Section 78B-7-402
359	359	342and] the federal Violence Against Women Act of 1994, as amended.
360	360	343 (iii) "Domestic violence" means the same as that term is defined in Section 77-36-1
361	361	344and the federal Violence Against Women Act of 1994, as amended.
362	362	345 (b) An individual applying for voter registration, or an individual preregistering to
363	363	346vote, shall complete a voter registration form in substantially the following form:
364	364	347-----------------------------------------------------------------------------------------------------------------
365	365	348 UTAH ELECTION REGISTRATION FORM
366	366	349 Are you a citizen of the United States of America? YesNo
367	367	350 If you checked "no" to the above question, do not complete this form.
368	368	351 Will you be 18 years of age on or before election day? YesNo
369	369	352 If you checked "no" to the above question, are you 16 or 17 years of age and
370	370	353preregistering to vote? YesNo
371	371	354 If you checked "no" to both of the prior two questions, do not complete this form.
372	372	355 Name of Voter
373	373	356_________________________________________________________________
374	374	357 First Middle Last
375	375	358 Utah Driver License or Utah Identification Card
376	376	359Number____________________________
377	377	360Date of Birth ______________________________________________________
378	378	361 Street Address of Principal Place of Residence
379	379	362____________________________________________________________________________
380	380	363 City County State Zip Code
381	381	364 Telephone Number (optional) _________________________
382	382	365 Email Address (optional) _____________________________________________
383	383	366 Last four digits of Social Security Number ______________________
384	384	367 Last former address at which I was registered to vote (if 02-21-23 1:34 PM H.B. 537
385	385	- 13 -
386	386	368known)__________________________
387	387	369____________________________________________________________________________
388	388	370 City County State Zip Code
389	389	371 Political Party
390	390	372 (a listing of each registered political party, as defined in Section 20A-8-101 and
391	391	373maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
392	392	374by a checkbox)
393	393	375 9Unaffiliated (no political party preference) 9Other (Please
394	394	376specify)___________________
395	395	377 I do swear (or affirm), subject to penalty of law for false statements, that the
396	396	378information contained in this form is true, and that I am a citizen of the United States and a
397	397	379resident of the state of Utah, residing at the above address. Unless I have indicated above that I
398	398	380am preregistering to vote in a later election, I will be at least 18 years of age and will have
399	399	381resided in Utah for 30 days immediately before the next election. I am not a convicted felon
400	400	382currently incarcerated for commission of a felony.
401	401	383 Signed and sworn
402	402	384 __________________________________________________________
403	403	385 Voter's Signature
404	404	386 _______________(month/day/year).
405	405	387 PRIVACY INFORMATION
406	406	388 Voter registration records contain some information that is available to the public, such
407	407	389as your name and address, some information that is available only to government entities, and
408	408	390some information that is available only to certain third parties in accordance with the
409	409	391requirements of law.
410	410	392 Your driver license number, identification card number, social security number, email
411	411	393address, full date of birth, and phone number are available only to government entities. Your
412	412	394year of birth is available to political parties, candidates for public office, certain third parties,
413	413	395and their contractors, employees, and volunteers, in accordance with the requirements of law.
414	414	396 You may request that all information on your voter registration records be withheld
415	415	397from all persons other than government entities, political parties, candidates for public office, H.B. 537 02-21-23 1:34 PM
416	416	- 14 -
417	417	398and their contractors, employees, and volunteers, by indicating here:
418	418	399 _____ Yes, I request that all information on my voter registration records be withheld
419	419	400from all persons other than government entities, political parties, candidates for public office,
420	420	401and their contractors, employees, and volunteers.
421	421	402 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
422	422	403 In addition to the protections provided above, you may request that all information on
423	423	404your voter registration records be withheld from all political parties, candidates for public
424	424	405office, and their contractors, employees, and volunteers, by submitting a withholding request
425	425	406form, and any required verification, as described in the following paragraphs.
426	426	407 A person may request that all information on the person's voter registration records be
427	427	408withheld from all political parties, candidates for public office, and their contractors,
428	428	409employees, and volunteers, by submitting a withholding request form with this registration
429	429	410record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
430	430	411resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
431	431	412 A person may request that all information on the person's voter registration records be
432	432	413withheld from all political parties, candidates for public office, and their contractors,
433	433	414employees, and volunteers, by submitting a withholding request form and any required
434	434	415verification with this registration form, or to the lieutenant governor or a county clerk, if the
435	435	416person is, or resides with a person who is, a law enforcement officer, a member of the armed
436	436	417forces, a public figure, or protected by a protective order or a protection order.
437	437	418 CITIZENSHIP AFFIDAVIT
438	438	419 Name:
439	439	420 Name at birth, if different:
440	440	421 Place of birth:
441	441	422 Date of birth:
442	442	423 Date and place of naturalization (if applicable):
443	443	424 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
444	444	425citizen and that to the best of my knowledge and belief the information above is true and
445	445	426correct.
446	446	427 ____________________________
447	447	428 Signature of Applicant 02-21-23 1:34 PM H.B. 537
448	448	- 15 -
449	449	429 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
450	450	430allowing yourself to be registered or preregistered to vote if you know you are not entitled to
451	451	431register or preregister to vote is up to one year in jail and a fine of up to $2,500.
452	452	432 NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT
453	453	433VALID VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH
454	454	434MUST BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME
455	455	435AND PHOTOGRAPH; OR
456	456	436 TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
457	457	437AND CURRENT ADDRESS.
458	458	438 FOR OFFICIAL USE ONLY
459	459	439 Type of I.D. ____________________________
460	460	440 Voting Precinct _________________________
461	461	441 Voting I.D. Number _____________________
462	462	442------------------------------------------------------------------------------------------------------------------
463	463	443 (c) [Beginning May 1, 2022, the] The voter registration form described in Subsection
464	464	444(1)(b) shall include a section in substantially the following form:
465	465	445------------------------------------------------------------------------------------------------------------------
466	466	446 REQUEST TO RECEIVE BALLOTS BY MAIL
467	467	447 You may request to receive your ballot by mail in all future elections by indicating here:
468	468	448 _____ Yes, I would like to receive my ballot by mail in all future elections.
469	469	449 You may, at a later date, submit a written request to the county clerk to stop receiving
470	470	450ballots by mail.
471	471	451 REQUEST TO RECEIVE BALLOT NOTIFICATIONS
472	472	452 If you have provided a phone number or email address, you can receive notifications by
473	473	453text message or email regarding the status of a ballot that is mailed to you or a ballot that you
474	474	454deposit in the mail or in a ballot drop box, by indicating here:
475	475	455 ______ Yes, I would like to receive electronic notifications regarding the status of my
476	476	456ballot.
477	477	457------------------------------------------------------------------------------------------------------------------
478	478	458 (2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
479	479	459of each voter registration form in a permanent countywide alphabetical file, which may be H.B. 537 02-21-23 1:34 PM
480	480	- 16 -
481	481	460electronic or some other recognized system.
482	482	461 (b) The county clerk may transfer a superseded voter registration form to the Division
483	483	462of Archives and Records Service created under Section 63A-12-101.
484	484	463 (3) (a) Each county clerk shall retain lists of currently registered voters.
485	485	464 (b) The lieutenant governor shall maintain a list of registered voters in electronic form.
486	486	465 (c) If there are any discrepancies between the two lists, the county clerk's list is the
487	487	466official list.
488	488	467 (d) The lieutenant governor and the county clerks may charge the fees established
489	489	468under the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy of
490	490	469the list of registered voters.
491	491	470 (4) (a) As used in this Subsection (4), "qualified person" means:
492	492	471 (i) a government official or government employee acting in the government official's or
493	493	472government employee's capacity as a government official or a government employee;
494	494	473 (ii) a health care provider, as defined in Section 26-33a-102, or an agent, employee, or
495	495	474independent contractor of a health care provider;
496	496	475 (iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee, or
497	497	476independent contractor of an insurance company;
498	498	477 (iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
499	499	478independent contractor of a financial institution;
500	500	479 (v) a political party, or an agent, employee, or independent contractor of a political
501	501	480party;
502	502	481 (vi) a candidate for public office, or an employee, independent contractor, or volunteer
503	503	482of a candidate for public office; or
504	504	483 (vii) a person, or an agent, employee, or independent contractor of the person, who:
505	505	484 (A) provides the year of birth of a registered voter that is obtained from the list of
506	506	485registered voters only to a person who is a qualified person;
507	507	486 (B) verifies that a person, described in Subsection (4)(a)(vii)(A), to whom a year of
508	508	487birth that is obtained from the list of registered voters is provided, is a qualified person;
509	509	488 (C) ensures, using industry standard security measures, that the year of birth of a
510	510	489registered voter that is obtained from the list of registered voters may not be accessed by a
511	511	490person other than a qualified person; 02-21-23 1:34 PM H.B. 537
512	512	- 17 -
513	513	491 (D) verifies that each qualified person, other than a qualified person described in
514	514	492Subsection (4)(a)(i), (v), or (vi), to whom the person provides the year of birth of a registered
515	515	493voter that is obtained from the list of registered voters, will only use the year of birth to verify
516	516	494the accuracy of personal information submitted by an individual or to confirm the identity of a
517	517	495person in order to prevent fraud, waste, or abuse;
518	518	496 (E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
519	519	497person provides the year of birth of a registered voter that is obtained from the list of registered
520	520	498voters, will only use the year of birth in the qualified person's capacity as a government official
521	521	499or government employee; and
522	522	500 (F) verifies that each qualified person described in Subsection (4)(a)(v) or (vi), to
523	523	501whom the person provides the year of birth of a registered voter that is obtained from the list of
524	524	502registered voters, will only use the year of birth for a political purpose of the political party or
525	525	503candidate for public office.
526	526	504 (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
527	527	505Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall, when
528	528	506providing the list of registered voters to a qualified person under this section, include, with the
529	529	507list, the years of birth of the registered voters, if:
530	530	508 (i) the lieutenant governor or a county clerk verifies the identity of the person and that
531	531	509the person is a qualified person; and
532	532	510 (ii) the qualified person signs a document that includes the following:
533	533	511 (A) the name, address, and telephone number of the person requesting the list of
534	534	512registered voters;
535	535	513 (B) an indication of the type of qualified person that the person requesting the list
536	536	514claims to be;
537	537	515 (C) a statement regarding the purpose for which the person desires to obtain the years
538	538	516of birth;
539	539	517 (D) a list of the purposes for which the qualified person may use the year of birth of a
540	540	518registered voter that is obtained from the list of registered voters;
541	541	519 (E) a statement that the year of birth of a registered voter that is obtained from the list
542	542	520of registered voters may not be provided or used for a purpose other than a purpose described
543	543	521under Subsection (4)(b)(ii)(D); H.B. 537 02-21-23 1:34 PM
544	544	- 18 -
545	545	522 (F) a statement that if the person obtains the year of birth of a registered voter from the
546	546	523list of registered voters under false pretenses, or provides or uses the year of birth of a
547	547	524registered voter that is obtained from the list of registered voters in a manner that is prohibited
548	548	525by law, is guilty of a class A misdemeanor and is subject to a civil fine;
549	549	526 (G) an assertion from the person that the person will not provide or use the year of
550	550	527birth of a registered voter that is obtained from the list of registered voters in a manner that is
551	551	528prohibited by law; and
552	552	529 (H) notice that if the person makes a false statement in the document, the person is
553	553	530punishable by law under Section 76-8-504.
554	554	531 (c) The lieutenant governor or a county clerk may not disclose the year of birth of a
555	555	532registered voter to a person that the lieutenant governor or county clerk reasonably believes:
556	556	533 (i) is not a qualified person or a person described in Subsection (4)(l); or
557	557	534 (ii) will provide or use the year of birth in a manner prohibited by law.
558	558	535 (d) The lieutenant governor or a county clerk may not disclose the voter registration
559	559	536form of a person, or information included in the person's voter registration form, whose voter
560	560	537registration form is classified as private under Subsection (4)(h) to a person other than:
561	561	538 (i) a government official or government employee acting in the government official's or
562	562	539government employee's capacity as a government official or government employee; or
563	563	540 (ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
564	564	541described in Subsection (4)(a)(v) or (vi) for a political purpose.
565	565	542 (e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
566	566	543governor or county clerk shall exclude the information described in Subsection
567	567	54463G-2-302(1)(j), other than the year of birth.
568	568	545 (f) The lieutenant governor or a county clerk may not disclose a withholding request
569	569	546form, described in Subsections (7) and (8), submitted by an individual, or information obtained
570	570	547from that form, to a person other than a government official or government employee acting in
571	571	548the government official's or government employee's capacity as a government official or
572	572	549government employee.
573	573	550 (g) A person is guilty of a class A misdemeanor if the person:
574	574	551 (i) obtains the year of birth of a registered voter from the list of registered voters under
575	575	552false pretenses; 02-21-23 1:34 PM H.B. 537
576	576	- 19 -
577	577	553 (ii) uses or provides the year of birth of a registered voter that is obtained from the list
578	578	554of registered voters in a manner that is not permitted by law;
579	579	555 (iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k) under
580	580	556false pretenses;
581	581	557 (iv) uses or provides information obtained from a voter registration record described in
582	582	558Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
583	583	559 (v) unlawfully discloses or obtains a voter registration record withheld under
584	584	560Subsection (7) or a withholding request form described in Subsections (7) and (8); or
585	585	561 (vi) unlawfully discloses or obtains information from a voter registration record
586	586	562withheld under Subsection (7) or a withholding request form described in Subsections (7) and
587	587	563(8).
588	588	564 (h) The lieutenant governor or a county clerk shall classify the voter registration record
589	589	565of a voter as a private record if the voter:
590	590	566 (i) submits a written application, created by the lieutenant governor, requesting that the
591	591	567voter's voter registration record be classified as private;
592	592	568 (ii) requests on the voter's voter registration form that the voter's voter registration
593	593	569record be classified as a private record; or
594	594	570 (iii) submits a withholding request form described in Subsection (7) and any required
595	595	571verification.
596	596	572 (i) The lieutenant governor or a county clerk may not disclose to a person described in
597	597	573Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
598	598	574registration record, if the record is withheld under Subsection (7).
599	599	575 (j) In addition to any criminal penalty that may be imposed under this section, the
600	600	576lieutenant governor may impose a civil fine against a person who violates a provision of this
601	601	577section, in an amount equal to the greater of:
602	602	578 (i) the product of 30 and the square root of the total number of:
603	603	579 (A) records obtained, provided, or used unlawfully, rounded to the nearest whole
604	604	580dollar; or
605	605	581 (B) records from which information is obtained, provided, or used unlawfully, rounded
606	606	582to the nearest whole dollar; or
607	607	583 (ii) $200. H.B. 537 02-21-23 1:34 PM
608	608	- 20 -
609	609	584 (k) A qualified person may not obtain, provide, or use the year of birth of a registered
610	610	585voter, if the year of birth is obtained from the list of registered voters or from a voter
611	611	586registration record, unless the person:
612	612	587 (i) is a government official or government employee who obtains, provides, or uses the
613	613	588year of birth in the government official's or government employee's capacity as a government
614	614	589official or government employee;
615	615	590 (ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
616	616	591uses the year of birth only to verify the accuracy of personal information submitted by an
617	617	592individual or to confirm the identity of a person in order to prevent fraud, waste, or abuse;
618	618	593 (iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
619	619	594provides, or uses the year of birth for a political purpose of the political party or candidate for
620	620	595public office; or
621	621	596 (iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
622	622	597uses the year of birth to provide the year of birth to another qualified person to verify the
623	623	598accuracy of personal information submitted by an individual or to confirm the identity of a
624	624	599person in order to prevent fraud, waste, or abuse.
625	625	600 (l) The lieutenant governor or a county clerk may provide a year of birth to a member
626	626	601of the media, in relation to an individual designated by the member of the media, in order for
627	627	602the member of the media to verify the identity of the individual.
628	628	603 (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
629	629	604information from a voter registration record for a purpose other than a political purpose.
630	630	605 (5) When political parties not listed on the voter registration form qualify as registered
631	631	606political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
632	632	607lieutenant governor shall inform the county clerks of the name of the new political party and
633	633	608direct the county clerks to ensure that the voter registration form is modified to include that
634	634	609political party.
635	635	610 (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
636	636	611clerk's designee shall:
637	637	612 (a) review each voter registration form for completeness and accuracy; and
638	638	613 (b) if the county clerk believes, based upon a review of the form, that an individual
639	639	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
640	640	- 21 -
641	641	615preregister to vote, refer the form to the county attorney for investigation and possible
642	642	616prosecution.
643	643	617 (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
644	644	618person described in Subsection (4)(a)(i), the voter registration record, and information obtained
645	645	619from the voter registration record, of an individual:
646	646	620 (a) who submits a withholding request form, with the voter registration record or to the
647	647	621lieutenant governor or a county clerk, if:
648	648	622 (i) the individual indicates on the form that the individual, or an individual who resides
649	649	623with the individual, is a victim of domestic violence or dating violence or is likely to be a
650	650	624victim of domestic violence or dating violence; or
651	651	625 (ii) the individual indicates on the form and provides verification that the individual, or
652	652	626an individual who resides with the individual, is:
653	653	627 (A) a law enforcement officer;
654	654	628 (B) a member of the armed forces, as defined in Section 20A-1-513;
655	655	629 (C) a public figure; or
656	656	630 (D) protected by a protective order or protection order; or
657	657	631 (b) whose voter registration record was classified as a private record at the request of
658	658	632the individual before May 12, 2020.
659	659	633 (8) (a) The lieutenant governor shall design and distribute the withholding request form
660	660	634described in Subsection (7) to each election officer and to each agency that provides a voter
661	661	635registration form.
662	662	636 (b) An individual described in Subsection (7)(a)(i) is not required to provide
663	663	637verification, other than the individual's attestation and signature on the withholding request
664	664	638form, that the individual, or an individual who resides with the individual, is a victim of
665	665	639domestic violence or dating violence or is likely to be a victim of domestic violence or dating
666	666	640violence.
667	667	641 (c) The director of elections within the Office of the Lieutenant Governor shall make
668	668	642rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
669	669	643establishing requirements for providing the verification described in Subsection (7)(a)(ii).
670	670	644 (9) An election officer or an employee of an election officer may not encourage an
671	671	645individual to submit, or discourage an individual from submitting, a withholding request form. H.B. 537 02-21-23 1:34 PM
672	672	- 22 -
673	673	646 Section 3. Section 20A-2-306 is amended to read:
674	674	647 20A-2-306. Removing names from the official register -- Determining and
675	675	648confirming change of residence.
676	676	649 (1) A county clerk may not remove a voter's name from the official register on the
677	677	650grounds that the voter has changed residence unless the voter:
678	678	651 (a) confirms in writing that the voter has changed residence to a place outside the
679	679	652county; or
680	680	653 (b) (i) has not voted in an election during the period beginning on the date of the notice
681	681	654required by Subsection (3), and ending on the day after the date of the second regular general
682	682	655election occurring after the date of the notice; and
683	683	656 (ii) has failed to respond to the notice required by Subsection (3).
684	684	657 (2) (a) When a county clerk obtains information that a voter's address has changed and
685	685	658it appears that the voter still resides within the same county, the county clerk shall:
686	686	659 (i) change the official register to show the voter's new address; and
687	687	660 (ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
688	688	661printed on a postage prepaid, preaddressed return form.
689	689	662 (b) When a county clerk obtains information that a voter's address has changed and it
690	690	663appears that the voter now resides in a different county, the county clerk shall verify the
691	691	664changed residence by sending to the voter, by forwardable mail, the notice required by
692	692	665Subsection (3) printed on a postage prepaid, preaddressed return form.
693	693	666 (3) (a) Each county clerk shall use substantially the following form to notify voters
694	694	667whose addresses have changed:
695	695	668 "VOTER REGISTRATION NOTICE
696	696	669 We have been notified that your residence has changed. Please read, complete, and
697	697	670return this form so that we can update our voter registration records. What is your current
698	698	671street address?
699	699	672___________________________________________________________________________
700	700	673 Street City County State Zip
701	701	674 What is your current phone number (optional)?________________________________
702	702	675 What is your current email address (optional)?_________________________________ 02-21-23 1:34 PM H.B. 537
703	703	- 23 -
704	704	676 If you have not changed your residence or have moved but stayed within the same
705	705	677county, you must complete and return this form to the county clerk so that it is received by the
706	706	678county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
707	707	679return this form within that time:
708	708	680 - you may be required to show evidence of your address to the poll worker before being
709	709	681allowed to vote in either of the next two regular general elections; or
710	710	682 - if you fail to vote at least once from the date this notice was mailed until the passing
711	711	683of two regular general elections, you will no longer be registered to vote. If you have changed
712	712	684your residence and have moved to a different county in Utah, you may register to vote by
713	713	685contacting the county clerk in your county.
714	714	686 ________________________________________
715	715	687 Signature of Voter
716	716	688 PRIVACY INFORMATION
717	717	689 Voter registration records contain some information that is available to the public, such
718	718	690as your name and address, some information that is available only to government entities, and
719	719	691some information that is available only to certain third parties in accordance with the
720	720	692requirements of law.
721	721	693 Your driver license number, identification card number, social security number, email
722	722	694address, full date of birth, and phone number are available only to government entities. Your
723	723	695year of birth is available to political parties, candidates for public office, certain third parties,
724	724	696and their contractors, employees, and volunteers, in accordance with the requirements of law.
725	725	697 You may request that all information on your voter registration records be withheld
726	726	698from all persons other than government entities, political parties, candidates for public office,
727	727	699and their contractors, employees, and volunteers, by indicating here:
728	728	700 _____ Yes, I request that all information on my voter registration records be withheld
729	729	701from all persons other than government entities, political parties, candidates for public office,
730	730	702and their contractors, employees, and volunteers.
731	731	703 REQUEST FOR ADDITIONAL PRIVACY PROTECTION
732	732	704 In addition to the protections provided above, you may request that all information on
733	733	705your voter registration records be withheld from all political parties, candidates for public
734	734	706office, and their contractors, employees, and volunteers, by submitting a withholding request H.B. 537 02-21-23 1:34 PM
735	735	- 24 -
736	736	707form, and any required verification, as described in the following paragraphs.
737	737	708 A person may request that all information on the person's voter registration records be
738	738	709withheld from all political parties, candidates for public office, and their contractors,
739	739	710employees, and volunteers, by submitting a withholding request form with this registration
740	740	711record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
741	741	712resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
742	742	713 A person may request that all information on the person's voter registration records be
743	743	714withheld from all political parties, candidates for public office, and their contractors,
744	744	715employees, and volunteers, by submitting a withholding request form and any required
745	745	716verification with this registration form, or to the lieutenant governor or a county clerk, if the
746	746	717person is, or resides with a person who is, a law enforcement officer, a member of the armed
747	747	718forces, a public figure, or protected by a protective order or a protection order."
748	748	719 (b) [Beginning May 1, 2022, the] The form described in Subsection (3)(a) shall also
749	749	720include a section in substantially the following form:
750	750	721------------------------------------------------------------------------------------------------------------------
751	751	722 REQUEST TO RECEIVE BALLOTS BY MAIL
752	752	723 You may request to receive your ballot by mail in all future elections by indicating here:
753	753	724 _____ Yes, I would like to receive my ballot by mail in all future elections.
754	754	725 You may, at a later date, submit a written request to the county clerk to stop receiving
755	755	726ballots by mail.
756	756	727 REQUEST TO RECEIVE BALLOT NOTIFICATIONS
757	757	728 If you have provided a phone number or email address, you can receive notifications by
758	758	729text message or email regarding the status of a ballot that is mailed to you or a ballot that you
759	759	730deposit in the mail or in a ballot drop box, by indicating here:
760	760	731 ______ Yes, I would like to receive electronic notifications regarding the status of my
761	761	732ballot.
762	762	733------------------------------------------------------------------------------------------------------------------
763	763	734 (4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
764	764	735names of any voters from the official register during the 90 days before a regular primary
765	765	736election and the 90 days before a regular general election.
766	766	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
767	767	- 25 -
768	768	738the 90 days before a regular primary election and the 90 days before a regular general election
769	769	739if:
770	770	740 (i) the voter requests, in writing, that the voter's name be removed; or
771	771	741 (ii) the voter has died.
772	772	742 (c) (i) After a county clerk mails a notice as required in this section, the county clerk
773	773	743may list that voter as inactive.
774	774	744 (ii) If a county clerk receives a returned voter identification card, determines that there
775	775	745was no clerical error causing the card to be returned, and has no further information to contact
776	776	746the voter, the county clerk may list that voter as inactive.
777	777	747 (iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
778	778	748privileges of a registered voter.
779	779	749 (iv) A county is not required to send routine mailings to an inactive voter and is not
780	780	750required to count inactive voters when dividing precincts and preparing supplies.
781	781	751 (5) Beginning on or before January 1, 2022, the lieutenant governor shall make
782	782	752available to a county clerk United States Social Security Administration data received by the
783	783	753lieutenant governor regarding deceased individuals.
784	784	754 (6) A county clerk shall, within ten business days after the day on which the county
785	785	755clerk receives the information described in Subsection (5) or Subsections 26-2-13(11) and (12)
786	786	756relating to a decedent whose name appears on the official register, remove the decedent's name
787	787	757from the official register.
788	788	758 (7) Ninety days before each primary and general election the lieutenant governor shall
789	789	759compare the information the lieutenant governor has received under Subsection 26-2-13(11)
790	790	760with the official register of voters to ensure that all deceased voters have been removed from
791	791	761the official register.
792	792	762 Section 4. Section 20A-3a-202 is amended to read:
793	793	763 20A-3a-202. Conducting an election.
794	794	764 (1) As used in this section:
795	795	765 (a) "By-mail voter" means:
796	796	766 (i) an active voter who has requested, on a voter registration form or another form
797	797	767provided by a clerk, to receive a ballot by mail; or
798	798	768 (ii) a covered voter. H.B. 537 02-21-23 1:34 PM
799	799	- 26 -
800	800	769 (b) "Covered voter" means the same as that term is defined in Section 20A-16-102.
801	801	770 [(1)] (2) (a) Except as otherwise provided for an election conducted entirely by mail
802	802	771under Section 20A-7-609.5, an election officer shall administer an election [primarily] both in
803	803	772person, and by mail, in accordance with this section.
804	804	773 (b) An individual who did not provide valid voter identification at the time the voter
805	805	774registered to vote shall provide valid voter identification before voting.
806	806	775 (3) [(2)] (a) [An] Except as provided in Subsection (3)(b), an election officer who
807	807	776administers an election[:(a)] shall, in accordance with Subsection [(3)] (4), no sooner than 21
808	808	777days before election day and no later than seven days before election day, mail to each [active]
809	809	778by-mail voter within a voting precinct:
810	810	779 (i) a manual ballot;
811	811	780 (ii) a return envelope;
812	812	781 (iii) instructions for returning the ballot that include an express notice about any
813	813	782relevant deadlines that the voter must meet in order for the voter's vote to be counted;
814	814	783 (iv) for an election administered by a county clerk, information regarding the location
815	815	784and hours of operation of any election day voting center at which the voter may vote or a
816	816	785website address where the voter may view this information; and
817	817	786 (v) instructions on how a voter may sign up to receive electronic ballot status
818	818	787notifications via the ballot tracking system described in Section 20A-3a-401.5.
819	819	788 [(v)] (b) [for an election administered by an] An election officer, other than a county
820	820	789clerk, [if the election officer] who does not operate a polling place or an election day voting
821	821	790center[,] shall, in accordance with Subsection (4), no sooner than 21 days before election day
822	822	791and no later than seven days before election day, mail to each active voter within a voting
823	823	792precinct:
824	824	793 (i) a manual ballot;
825	825	794 (ii) a return envelope;
826	826	795 (iii) instructions for returning the ballot that include an express notice about any
827	827	796relevant deadlines that the voter must meet in order for the voter's vote to be counted;
828	828	797 (iv) a warning, on a separate page of colored paper in bold face print, indicating that if
829	829	798the voter fails to follow the instructions included with the ballot, the voter will be unable to
830	830	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
831	831	- 27 -
832	832	800the election; and
833	833	801 [(vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
834	834	802ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;]
835	835	803 (v) instructions on how a voter may sign up to receive electronic ballot status
836	836	804notifications via the ballot tracking system described in Section 20A-3a-401.5.
837	837	805 [(b)] (c) An election officer:
838	838	806 (i) may not mail a ballot under this section to:
839	839	807 [(i)] (A) an inactive voter, unless the inactive voter requests a manual ballot; or
840	840	808 [(ii)] (B) a voter whom the election officer is prohibited from sending a ballot under
841	841	809Subsection [(10)(c)(ii)] (11)(c)(ii); and
842	842	810 [(c)] (ii) shall, on the outside of the envelope in which the election officer mails [the] a
843	843	811ballot, include instructions for returning the ballot if the individual to whom the election officer
844	844	812mails the ballot does not live at the address to which the ballot is sent.
845	845	813 [(3)] (4) (a) An election officer who mails a manual ballot under Subsection [(2)] (3)
846	846	814shall mail the manual ballot to the address:
847	847	815 (i) provided at the time of registration; or
848	848	816 (ii) if, at or after the time of registration, the voter files an alternate address request
849	849	817form described in Subsection [(3)(b)] (4)(b), the alternate address indicated on the form.
850	850	818 (b) The lieutenant governor shall make available to voters an alternate address request
851	851	819form that permits a voter to request that the election officer mail the voter's ballot to a location
852	852	820other than the voter's residence.
853	853	821 (c) A voter shall provide the completed alternate address request form to the election
854	854	822officer no later than 11 days before the day of the election.
855	855	823 [(4)] (5) [The] A return envelope shall include:
856	856	824 (a) the name, official title, and post office address of the election officer on the front of
857	857	825the envelope;
858	858	826 (b) a space where a voter may write an email address and phone number by which the
859	859	827election officer may contact the voter if the voter's ballot is rejected;
860	860	828 (c) a printed affidavit in substantially the following form:
861	861	829 "County of ____State of ____
862	862	830 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct H.B. 537 02-21-23 1:34 PM
863	863	- 28 -
864	864	831in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
865	865	832currently incarcerated for commission of a felony.
866	866	833 ______________________________
867	867	834 Signature of Voter"; and
868	868	835 (d) a warning that the affidavit must be signed by the individual to whom the ballot
869	869	836was sent and that the ballot will not be counted if the signature on the affidavit does not match
870	870	837the signature on file with the election officer of the individual to whom the ballot was sent.
871	871	838 [(5)] (6) If the election officer determines that the voter is required to show valid voter
872	872	839identification, the election officer may:
873	873	840 (a) mail a ballot to the voter;
874	874	841 (b) instruct the voter to include a copy of the voter's valid voter identification with the
875	875	842return ballot; and
876	876	843 (c) provide instructions to the voter on how the voter may sign up to receive electronic
877	877	844ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
878	878	845 [(6)] (7) An election officer who administers an election shall:
879	879	846 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
880	880	847election; or
881	881	848 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
882	882	849and
883	883	850 (b) maintain the signatures on file in the election officer's office.
884	884	851 [(7)] (8) Upon receipt of a returned ballot, the election officer shall review and process
885	885	852the ballot under Section 20A-3a-401.
886	886	853 [(8)] (9) A county that administers an election:
887	887	854 (a) shall provide at least one election day voting center in accordance with [Chapter 3a,
888	888	855Part 7, Election Day Voting Center] Part 7, Election Day Voting Center, and at least one
889	889	856additional election day voting center for every 5,000 active voters in the county who have not
890	890	857requested to [not] receive a ballot by mail;
891	891	858 (b) shall ensure that each election day voting center operated by the county has at least
892	892	859one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
893	893	860Pub. L. No. 107-252, for individuals with disabilities;
894	894	861 (c) may reduce the early voting period described in Section 20A-3a-601, if: 02-21-23 1:34 PM H.B. 537
895	895	- 29 -
896	896	862 (i) the county clerk conducts early voting on at least four days;
897	897	863 (ii) the early voting days are within the period beginning on the date that is 14 days
898	898	864before the date of the election and ending on the day before the election; and
899	899	865 (iii) the county clerk provides notice of the reduced early voting period in accordance
900	900	866with Section 20A-3a-604;
901	901	867 (d) is not required to pay return postage for a ballot; and
902	902	868 (e) is subject to an audit conducted under Subsection [(9)] (10).
903	903	869 [(9)] (10) (a) The lieutenant governor shall:
904	904	870 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
905	905	871an election conducted under this section; and
906	906	872 (ii) after each primary, general, or special election conducted under this section, select
907	907	873a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
908	908	874developed under Subsection [(9)(a)(i)] (10)(a)(i).
909	909	875 (b) The lieutenant governor shall post the results of an audit conducted under this
910	910	876Subsection [(9)] (10) on the lieutenant governor's website.
911	911	877 [(10)] (11) (a) An individual who has previously requested to receive a ballot by mail
912	912	878may request that the election officer not send the individual a ballot by mail in the next and
913	913	879subsequent elections by submitting a written request to the election officer.
914	914	880 (b) An individual shall submit the request described in Subsection [(10)(a)] (11)(a) to
915	915	881the election officer before 5 p.m. no later than 60 days before an election if the individual does
916	916	882not wish to receive a ballot by mail in that election.
917	917	883 (c) An election officer who receives a request from an individual under Subsection
918	918	884[(10)(a)] (11)(a):
919	919	885 (i) shall remove the individual's name from the list of voters who will receive a ballot
920	920	886by mail; and
921	921	887 (ii) may not send the individual a ballot by mail for:
922	922	888 (A) the next election, if the individual submits the request described in Subsection
923	923	889[(10)(a)] (11)(a) before the deadline described in Subsection [(10)(b)] (11)(b); or
924	924	890 (B) an election after the election described in Subsection [(10)(c)(ii)(A)] (11)(c)(ii)(A).
925	925	891 (d) An individual who submits a request under Subsection [(10)(a)] (11)(a) may
926	926	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
927	927	- 30 -
928	928	893election officer.
929	929	894 Section 5. Section 20A-3a-202.5 is enacted to read:
930	930	895 20A-3a-202.5. Request for ballot by mail -- Notice.
931	931	896 No sooner than July 1, 2023, and no later than September 1, 2023, a county clerk shall
932	932	897mail to each active voter, other than a covered voter, whose principal place of residence is in
933	933	898the county:
934	934	899 (1) a notice informing the voter that, except in limited circumstances, the voter will not
935	935	900receive a ballot by mail for an election held after 2023, unless the voter requests otherwise in
936	936	901writing; and
937	937	902 (2) a form that the voter may use to request that the voter receive a ballot by mail in all
938	938	903future elections.
939	939	904 Section 6. Section 20A-5-804 is amended to read:
940	940	905 20A-5-804. Voting Equipment Grant Program -- Qualifications for receipt --
941	941	906Matching funds -- Acceptable uses.
942	942	907 (1) As used in this section:
943	943	908 (a) "Program" means the Voting Equipment Grant Program created in this section.
944	944	909 (b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
945	945	910 (i) the total amount of funds appropriated by the Legislature to the program; and
946	946	911 (ii) the quotient of:
947	947	912 (A) the total number of active voters in a county; and
948	948	913 (B) the total number of registered voters in the state.
949	949	914 (2) (a) There is created the Voting Equipment Grant Program as a grant program to
950	950	915assist counties in purchasing new voting equipment systems.
951	951	916 (b) The lieutenant governor shall administer the program using funds appropriated by
952	952	917the Legislature for the purpose of administering the program.
953	953	918 (3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
954	954	919Lieutenant Governor to participate in and receive funds from the program.
955	955	920 (b) A proposal described in Subsection (3)(a) shall:
956	956	921 (i) describe the current condition of the voting equipment used by the county;
957	957	922 (ii) describe the county's need for a new voting equipment system;
958	958	923 (iii) describe how the county plans to comply with the requirements described in 02-21-23 1:34 PM H.B. 537
959	959	- 31 -
960	960	924Subsection (4), including:
961	961	925 (A) a description of how the county plans to provide the matching funds described in
962	962	926Subsection (4)(b) if the proposal is accepted; and
963	963	927 (B) a schedule by which the requirements will be met; and
964	964	928 (iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
965	965	929system.
966	966	930 (4) A county that receives funds through a program grant:
967	967	931 (a) shall use the funds to purchase a new voting equipment system that:
968	968	932 (i) meets the requirements of Section 20A-5-802;
969	969	933 (ii) creates a secure and auditable paper record of each vote; and
970	970	934 (iii) complies with any additional binding requirement made under Subsection
971	971	93520A-5-803(8) by the Voting Equipment Selection Committee;
972	972	936 (b) shall, for the purpose of purchasing a new voting equipment system, appropriate
973	973	937matching funds equal to or greater than the difference of:
974	974	938 (i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
975	975	939governor accepts under Subsection (6)(b); and
976	976	940 (ii) the amount the lieutenant governor is required to disburse to the county under
977	977	941Subsection (7)(a);
978	978	942 (c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
979	979	943Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
980	980	944 (d) except as provided in Subsection (5), may not, after using a new voting equipment
981	981	945system in an election that was purchased under this section, use voting equipment that does not
982	982	946meet the requirements described in Subsection (4)(a); and
983	983	947 (e) shall purchase a new voting equipment system described under Subsection (4)(a)
984	984	948that provides the best value to the county with consideration for the new voting equipment
985	985	949system's:
986	986	950 (i) cost of maintenance;
987	987	951 (ii) estimated operational lifetime; and
988	988	952 (iii) cost of replacement.
989	989	953 (5) A county that receives funds through the program may use voting equipment that
990	990	954does not comply with the requirements described in Subsection (4)(a)(ii) or (iii): H.B. 537 02-21-23 1:34 PM
991	991	- 32 -
992	992	955 (a) to the extent that using the voting equipment is necessary to accommodate a person
993	993	956with a disability in accordance with the requirements described in Subsection
994	994	957[20A-3a-202(8)(b)] 20A-3a-202(9)(b), 20A-3a-603(1)(c), 20A-5-303(8), or
995	995	95820A-5-403(2)(b)(iii); or
996	996	959 (b) if the county purchased the voting equipment before receiving grant funds under
997	997	960Subsection (7)(a).
998	998	961 (6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
999	999	962shall:
1000	1000	963 (a) review the proposal to ensure that:
1001	1001	964 (i) the proposal complies with the requirements described in Subsection (3); and
1002	1002	965 (ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
1003	1003	966 (b) (i) if the proposal complies with the requirements described in Subsection (3), the
1004	1004	967cost estimate appears to be reasonably accurate, and sufficient program funds are available:
1005	1005	968 (A) accept the proposal;
1006	1006	969 (B) notify the county clerk of the county that submitted the proposal that the proposal
1007	1007	970is accepted;
1008	1008	971 (C) notify the county clerk of the requirements described in Subsection (7); and
1009	1009	972 (D) disburse the funds described in Subsection (7)(a), in accordance with the
1010	1010	973requirements described in Subsection (7)(b), to the county that submitted the proposal; or
1011	1011	974 (ii) if the proposal does not comply with the requirements described in Subsection (3),
1012	1012	975the cost estimate does not appear to be reasonable, or sufficient program funds are not
1013	1013	976available:
1014	1014	977 (A) reject the proposal; and
1015	1015	978 (B) notify the county clerk of the county that submitted the proposal that the proposal
1016	1016	979is rejected, indicating the reason that the proposal is rejected.
1017	1017	980 (7) The lieutenant governor:
1018	1018	981 (a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
1019	1019	982 (i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
1020	1020	983lieutenant governor accepts under Subsection (6)(b); or
1021	1021	984 (ii) the proportional reimbursement rate; and
1022	1022	985 (b) may not disburse funds under Subsection (6)(b)(i)(D): 02-21-23 1:34 PM H.B. 537
1023	1023	- 33 -
1024	1024	986 (i) until the county appropriates the matching funds described in Subsection (4)(b); or
1025	1025	987 (ii) if the disbursement would cause the county's total receipt of funds from the
1026	1026	988program to exceed the proportional reimbursement rate.
1027	1027	989 Section 7. Section 20A-6-105 is amended to read:
1028	1028	990 20A-6-105. Provisional ballot envelopes.
1029	1029	991 (1) Each election officer shall ensure that provisional ballot envelopes are printed in
1030	1030	992substantially the following form:
1031	1031	993 "AFFIRMATION
1032	1032	994 Are you a citizen of the United States of America? Yes No
1033	1033	995 Will you be 18 years old on or before election day? Yes No
1034	1034	996 If you checked "no" in response to either of the two above questions, do not complete
1035	1035	997this form.
1036	1036	998 Name of Voter _________________________________________________________
1037	1037	999 First Middle Last
1038	1038	1000 Driver License or Identification Card Number _________________________________
1039	1039	1001 State of Issuance of Driver License or Identification Card Number _________________
1040	1040	1002 Date of Birth ___________________________________________________________
1041	1041	1003 Street Address of Principal Place of Residence
1042	1042	1004 ______________________________________________________________________
1043	1043	1005 City County State Zip Code
1044	1044	1006 Telephone Number (optional) ______________________________________________
1045	1045	1007 Email Address (optional)__________________________________________________
1046	1046	1008 Last four digits of Social Security Number ____________________________
1047	1047	1009 Last former address at which I was registered to vote (if known)
1048	1048	1010 ______________________________________________________________________
1049	1049	1011 City County State Zip Code
1050	1050	1012 Voting Precinct (if known)
1051	1051	1013_________________________________________________
1052	1052	1014 I, (please print your full name)__________________________do solemnly swear or
1053	1053	1015affirm:
1054	1054	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
1055	1055	- 34 -
1056	1056	1017other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted to
1057	1057	1018vote in this precinct; and
1058	1058	1019 Subject to penalty of law for false statements, that the information contained in this
1059	1059	1020form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
1060	1060	1021above address; and that I am at least 18 years old and have resided in Utah for the 30 days
1061	1061	1022immediately before this election.
1062	1062	1023 Signed _______________________________________________________________
1063	1063	1024 Dated ______________________________
1064	1064	1025 In accordance with Section 20A-3a-506, wilfully providing false information above is a
1065	1065	1026class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
1066	1066	1027 REQUEST TO RECEIVE BALLOTS BY MAIL
1067	1067	1028 You may request to receive your ballot by mail in all future elections by indicating here:
1068	1068	1029 _____ Yes, I would like to receive my ballot by mail in all future elections.
1069	1069	1030 You may, at a later date, submit a written request to the county clerk to stop receiving
1070	1070	1031ballots by mail.
1071	1071	1032 PRIVACY INFORMATION
1072	1072	1033 Voter registration records contain some information that is available to the public, such
1073	1073	1034as your name and address, some information that is available only to government entities, and
1074	1074	1035some information that is available only to certain third parties in accordance with the
1075	1075	1036requirements of law.
1076	1076	1037 Your driver license number, identification card number, social security number, email
1077	1077	1038address, full date of birth, and phone number are available only to government entities. Your
1078	1078	1039year of birth is available to political parties, candidates for public office, certain third parties,
1079	1079	1040and their contractors, employees, and volunteers, in accordance with the requirements of law.
1080	1080	1041 You may request that all information on your voter registration records be withheld
1081	1081	1042from all persons other than government entities, political parties, candidates for public office,
1082	1082	1043and their contractors, employees, and volunteers, by indicating here:
1083	1083	1044 _____ Yes, I request that all information on my voter registration records be withheld
1084	1084	1045from all persons other than government entities, political parties, candidates for public office,
1085	1085	1046and their contractors, employees, and volunteers.
1086	1086	1047 REQUEST FOR ADDITIONAL PRIVACY PROTECTION 02-21-23 1:34 PM H.B. 537
1087	1087	- 35 -
1088	1088	1048 In addition to the protections provided above, you may request that all information on
1089	1089	1049your voter registration records be withheld from all political parties, candidates for public
1090	1090	1050office, and their contractors, employees, and volunteers, by submitting a withholding request
1091	1091	1051form, and any required verification, as described in the following paragraphs.
1092	1092	1052 A person may request that all information on the person's voter registration records be
1093	1093	1053withheld from all political parties, candidates for public office, and their contractors,
1094	1094	1054employees, and volunteers, by submitting a withholding request form with this registration
1095	1095	1055record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
1096	1096	1056resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
1097	1097	1057 A person may request that all information on the person's voter registration records be
1098	1098	1058withheld from all political parties, candidates for public office, and their contractors,
1099	1099	1059employees, and volunteers, by submitting a withholding request form and any required
1100	1100	1060verification with this registration form, or to the lieutenant governor or a county clerk, if the
1101	1101	1061person is, or resides with a person who is, a law enforcement officer, a member of the armed
1102	1102	1062forces, a public figure, or protected by a protective order or a protection order.
1103	1103	1063 CITIZENSHIP AFFIDAVIT
1104	1104	1064 Name:
1105	1105	1065 Name at birth, if different:
1106	1106	1066 Place of birth:
1107	1107	1067 Date of birth:
1108	1108	1068 Date and place of naturalization (if applicable):
1109	1109	1069 I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
1110	1110	1070citizen and that to the best of my knowledge and belief the information above is true and
1111	1111	1071correct.
1112	1112	1072 ____________________________
1113	1113	1073 Signature of Applicant
1114	1114	1074 In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
1115	1115	1075allowing yourself to be registered to vote if you know you are not entitled to register to vote is
1116	1116	1076up to one year in jail and a fine of up to $2,500."
1117	1117	1077 (2) The provisional ballot envelope shall include:
1118	1118	1078 (a) a unique number; H.B. 537 02-21-23 1:34 PM
1119	1119	- 36 -
1120	1120	1079 (b) a detachable part that includes the unique number;
1121	1121	1080 (c) a telephone number, internet address, or other indicator of a means, in accordance
1122	1122	1081with Section 20A-6-105.5, where the voter can find out if the provisional ballot was counted;
1123	1123	1082and
1124	1124	1083 (d) beginning May 1, 2022, an insert containing written instructions on how a voter
1125	1125	1084may sign up to receive ballot status notifications via the ballot tracking system described in
1126	1126	1085Section 20A-3a-401.5.
1127	1127	1086 Section 8. Section 63I-2-220 is amended to read:
1128	1128	1087 63I-2-220. Repeal dates: Title 20A.
1129	1129	1088 (1) Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, is
1130	1130	1089repealed January 1, 2026.
1131	1131	1090 (2) Subsection 20A-5-803(8) is repealed July 1, 2023.
1132	1132	1091 (3) Section 20A-5-804 is repealed July 1, 2023.
1133	1133	1092 Section 9. Effective date.
1134	1134	1093 (1) Except as provided in Subsection (2), this bill takes effect on May 3, 2023.
1135	1135	1094 (2) The actions affecting Section 20A-3a-202 take effect on January 1, 2024.