Utah 2023 Regular Session

Utah House Bill HB0554 Compare Versions

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

Old	New	Differences
1	1	H.B. 554
2	2	LEGISLATIVE GENERAL COUNSEL
3	3	6 Approved for Filing: T.R. Vaughn 6
4	4	6 02-23-23 1:05 PM 6
5	5	H.B. 554
6	6	1 ELECTION ADMINISTRATION AMENDMENTS
7	7	2 2023 GENERAL SESSION
8	8	3 STATE OF UTAH
9	9	4 Chief Sponsor: Ken Ivory
10	10	5 Senate Sponsor: ____________
11	11	6
12	12	7LONG TITLE
13	13	8General Description:
14	14	9 This bill addresses voting and the election process.
15	15	10Highlighted Provisions:
16	16	11 This bill:
17	17	12 <prohibits printing the name of an election officer, or an employee of an election
18	18	13officer, on a ballot envelope and certain other election documents;
19	19	14 <requires equipment, and establishes procedures, for a voter at a polling location to
20	20	15scan the voter's manual ballot and provide a document to the voter of the votes cast
21	21	16by the voter;
22	22	17 <requires a voting machine to provide a document to the voter of the votes cast by the
23	23	18voter;
24	24	19 <requires all early voting and election day polling places to be open on the same
25	25	20days, and for the same hours, as the other polling places for the jurisdiction
26	26	21conducting an election;
27	27	22 <grants rulemaking authority in relation to the handling and storage of ballots;
28	28	23 <repeals the authority to adjudicate or replicate a ballot; and
29	29	24 <makes technical and conforming changes.
30	30	25Money Appropriated in this Bill:
31	31	26 None
32	32	27Other Special Clauses:
33	33	HB0554 H.B. 554 02-23-23 1:05 PM
34	34	- 2 -
35	35	28 None
36	36	29Utah Code Sections Affected:
37	37	30AMENDS:
38	38	31 20A-3a-202, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
39	39	32 20A-3a-203, as renumbered and amended by Laws of Utah 2020, Chapter 31
40	40	33 20A-3a-602, as renumbered and amended by Laws of Utah 2020, Chapter 31
41	41	34 20A-3a-603, as renumbered and amended by Laws of Utah 2020, Chapter 31
42	42	35 20A-4-101, as last amended by Laws of Utah 2022, Chapter 342
43	43	36 20A-4-102, as last amended by Laws of Utah 2022, Chapter 342
44	44	37 20A-4-103, as last amended by Laws of Utah 2020, Chapter 31
45	45	38 20A-4-104, as last amended by Laws of Utah 2022, Chapter 380
46	46	39 20A-4-105, as last amended by Laws of Utah 2022, Chapter 380
47	47	40
48	48	41Be it enacted by the Legislature of the state of Utah:
49	49	42 Section 1. Section 20A-3a-202 is amended to read:
50	50	43 20A-3a-202. Conducting election by mail.
51	51	44 (1) (a) Except as otherwise provided for an election conducted entirely by mail under
52	52	45Section 20A-7-609.5, an election officer shall administer an election primarily by mail, in
53	53	46accordance with this section.
54	54	47 (b) An individual who did not provide valid voter identification at the time the voter
55	55	48registered to vote shall provide valid voter identification before voting.
56	56	49 (2) An election officer who administers an election:
57	57	50 (a) shall in accordance with Subsection (3), no sooner than 21 days before election day
58	58	51and no later than seven days before election day, mail to each active voter within a voting
59	59	52precinct:
60	60	53 (i) a manual ballot;
61	61	54 (ii) a return envelope;
62	62	55 (iii) instructions for returning the ballot that include an express notice about any
63	63	56relevant deadlines that the voter must meet in order for the voter's vote to be counted;
64	64	57 (iv) for an election administered by a county clerk, information regarding the location
65	65	58and hours of operation of any election day voting center at which the voter may vote or a 02-23-23 1:05 PM H.B. 554
66	66	- 3 -
67	67	59website address where the voter may view this information;
68	68	60 (v) for an election administered by an election officer other than a county clerk, if the
69	69	61election officer does not operate a polling place or an election day voting center, a warning, on
70	70	62a separate page of colored paper in bold face print, indicating that if the voter fails to follow the
71	71	63instructions included with the ballot, the voter will be unable to vote in that election because
72	72	64there will be no polling place for the voting precinct on the day of the election; and
73	73	65 (vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
74	74	66ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5;
75	75	67 (b) may not mail a ballot under this section to:
76	76	68 (i) an inactive voter, unless the inactive voter requests a manual ballot; or
77	77	69 (ii) a voter whom the election officer is prohibited from sending a ballot under
78	78	70Subsection (10)(c)(ii); and
79	79	71 (c) shall, on the outside of the envelope in which the election officer mails the ballot,
80	80	72include instructions for returning the ballot if the individual to whom the election officer mails
81	81	73the ballot does not live at the address to which the ballot is sent.
82	82	74 (3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
83	83	75the manual ballot to the address:
84	84	76 (i) provided at the time of registration; or
85	85	77 (ii) if, at or after the time of registration, the voter files an alternate address request
86	86	78form described in Subsection (3)(b), the alternate address indicated on the form.
87	87	79 (b) The lieutenant governor shall make available to voters an alternate address request
88	88	80form that permits a voter to request that the election officer mail the voter's ballot to a location
89	89	81other than the voter's residence.
90	90	82 (c) A voter shall provide the completed alternate address request form to the election
91	91	83officer no later than 11 days before the day of the election.
92	92	84 (4) The return envelope shall include:
93	93	85 (a) the name, official title, and post office address of the election officer on the front of
94	94	86the envelope;
95	95	87 (b) a space where a voter may write an email address and phone number by which the
96	96	88election officer may contact the voter if the voter's ballot is rejected;
97	97	89 (c) a printed affidavit in substantially the following form: H.B. 554 02-23-23 1:05 PM
98	98	- 4 -
99	99	90 "County of ____State of ____
100	100	91 I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
101	101	92in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
102	102	93currently incarcerated for commission of a felony.
103	103	94 ______________________________
104	104	95 Signature of Voter"; and
105	105	96 (d) a warning that the affidavit must be signed by the individual to whom the ballot
106	106	97was sent and that the ballot will not be counted if the signature on the affidavit does not match
107	107	98the signature on file with the election officer of the individual to whom the ballot was sent.
108	108	99 (5) If the election officer determines that the voter is required to show valid voter
109	109	100identification, the election officer may:
110	110	101 (a) mail a ballot to the voter;
111	111	102 (b) instruct the voter to include a copy of the voter's valid voter identification with the
112	112	103return ballot; and
113	113	104 (c) provide instructions to the voter on how the voter may sign up to receive electronic
114	114	105ballot status notifications via the ballot tracking system described in Section 20A-3a-401.5.
115	115	106 (6) An election officer who administers an election shall:
116	116	107 (a) (i) before the election, obtain the signatures of each voter qualified to vote in the
117	117	108election; or
118	118	109 (ii) obtain the signature of each voter within the voting precinct from the county clerk;
119	119	110and
120	120	111 (b) maintain the signatures on file in the election officer's office.
121	121	112 (7) Upon receipt of a returned ballot, the election officer shall review and process the
122	122	113ballot under Section 20A-3a-401.
123	123	114 (8) A county that administers an election:
124	124	115 (a) shall provide at least one election day voting center in accordance with Chapter 3a,
125	125	116Part 7, Election Day Voting Center, and at least one additional election day voting center for
126	126	117every 5,000 active voters in the county who have requested to not receive a ballot by mail;
127	127	118 (b) shall ensure that each election day voting center operated by the county has at least
128	128	119one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
129	129	120Pub. L. No. 107-252, for individuals with disabilities; 02-23-23 1:05 PM H.B. 554
130	130	- 5 -
131	131	121 (c) may reduce the early voting period described in Section 20A-3a-601, if:
132	132	122 (i) the county clerk conducts early voting on at least four days;
133	133	123 (ii) the early voting days are within the period beginning on the date that is 14 days
134	134	124before the date of the election and ending on the day before the election; and
135	135	125 (iii) the county clerk provides notice of the reduced early voting period in accordance
136	136	126with Section 20A-3a-604;
137	137	127 (d) is not required to pay return postage for a ballot; and
138	138	128 (e) is subject to an audit conducted under Subsection (9).
139	139	129 (9) (a) The lieutenant governor shall:
140	140	130 (i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
141	141	131an election conducted under this section; and
142	142	132 (ii) after each primary, general, or special election conducted under this section, select
143	143	133a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
144	144	134developed under Subsection (9)(a)(i).
145	145	135 (b) The lieutenant governor shall post the results of an audit conducted under this
146	146	136Subsection (9) on the lieutenant governor's website.
147	147	137 (10) (a) An individual may request that the election officer not send the individual a
148	148	138ballot by mail in the next and subsequent elections by submitting a written request to the
149	149	139election officer.
150	150	140 (b) An individual shall submit the request described in Subsection (10)(a) to the
151	151	141election officer before 5 p.m. no later than 60 days before an election if the individual does not
152	152	142wish to receive a ballot by mail in that election.
153	153	143 (c) An election officer who receives a request from an individual under Subsection
154	154	144(10)(a):
155	155	145 (i) shall remove the individual's name from the list of voters who will receive a ballot
156	156	146by mail; and
157	157	147 (ii) may not send the individual a ballot by mail for:
158	158	148 (A) the next election, if the individual submits the request described in Subsection
159	159	149(10)(a) before the deadline described in Subsection (10)(b); or
160	160	150 (B) an election after the election described in Subsection (10)(c)(ii)(A).
161	161	151 (d) An individual who submits a request under Subsection (10)(a) may resume the H.B. 554 02-23-23 1:05 PM
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163	163	152individual's receipt of a ballot by mail by submitting a written request to the election officer.
164	164	153 (11) Except to the extent required by law, the name of an election officer or an
165	165	154employee of an election officer may not be printed on:
166	166	155 (a) an envelope in which a ballot is mailed to a voter;
167	167	156 (b) a return envelope; or
168	168	157 (c) any document provided with the ballot in an envelope mailed to a voter.
169	169	158 Section 2. Section 20A-3a-203 is amended to read:
170	170	159 20A-3a-203. Voting at a polling place.
171	171	160 (1) (a) As used in this section, "tabulating machine" means a machine designed to
172	172	161provide the functions described in Subsections (9)(b) through (d).
173	173	162 [(1)] (b) Except as provided in Section 20A-7-609.5, a registered voter may vote at a
174	174	163polling place in an election in accordance with this section.
175	175	164 (c) Each polling place shall include a number of tabulating machines, each located in a
176	176	165separate privacy booth, to adequately accommodate the voters who cast ballots at the polling
177	177	166place.
178	178	167 (d) Each voting device at a polling place shall, after the voter casts a ballot, provide the
179	179	168voter with a printed document:
180	180	169 (i) showing each vote cast by the voter for each race and each measure; and
181	181	170 (ii) specifying, for each race and each measure, the selection made by the voter.
182	182	171 (e) Each polling place for a jurisdiction conducting an election shall be open for the
183	183	172same hours as each other polling place for the jurisdiction.
184	184	173 (2) (a) The voter shall give the voter's name, and, if requested, the voter's residence, to
185	185	174one of the poll workers.
186	186	175 (b) The voter shall present valid voter identification to one of the poll workers.
187	187	176 (c) If the poll worker is not satisfied that the voter has presented valid voter
188	188	177identification, the poll worker shall:
189	189	178 (i) indicate on the official register that the voter was not properly identified;
190	190	179 (ii) issue the voter a provisional ballot;
191	191	180 (iii) notify the voter that the voter will have until the close of normal office hours on
192	192	181Monday after the day of the election to present valid voter identification:
193	193	182 (A) to the county clerk at the county clerk's office; or 02-23-23 1:05 PM H.B. 554
194	194	- 7 -
195	195	183 (B) to an election officer who is administering the election; and
196	196	184 (iv) follow the procedures and requirements of Section 20A-3a-205.
197	197	185 (d) If the person's right to vote is challenged as provided in Section 20A-3a-803, the
198	198	186poll worker shall follow the procedures and requirements of Section 20A-3a-205.
199	199	187 (3) A poll worker shall check the official register to determine whether:
200	200	188 (a) a voter is registered to vote; and
201	201	189 (b) if the election is a regular primary election or a presidential primary election,
202	202	190whether a voter's party affiliation designation in the official register allows the voter to vote the
203	203	191ballot that the voter requests.
204	204	192 (4) (a) Except as provided in Subsection (5), if the voter's name is not found on the
205	205	193official register, the poll worker shall follow the procedures and requirements of Section
206	206	19420A-3a-205.
207	207	195 (b) If, in a regular primary election or a presidential primary election, the official
208	208	196register does not affirmatively identify the voter as being affiliated with a registered political
209	209	197party or if the official register identifies the voter as being "unaffiliated," the voter shall be
210	210	198considered to be "unaffiliated."
211	211	199 (5) In a regular primary election or a presidential primary election:
212	212	200 (a) if a voter's name is not found on the official register, and if it is not unduly
213	213	201disruptive to the election process, the poll worker may attempt to contact the county clerk's
214	214	202office to request oral verification of the voter's registration; and
215	215	203 (b) if oral verification is received from the county clerk's office, the poll worker shall:
216	216	204 (i) record the verification on the official register;
217	217	205 (ii) determine the voter's party affiliation and the ballot that the voter is qualified to
218	218	206vote; and
219	219	207 (iii) except as provided in Subsection (6), comply with Subsection (3).
220	220	208 (6) (a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
221	221	209presidential primary election, the voter's political party affiliation listed in the official register
222	222	210does not allow the voter to vote the ballot that the voter requested, the poll worker shall inform
223	223	211the voter of that fact and inform the voter of the ballot or ballots that the voter's party affiliation
224	224	212does allow the voter to vote.
225	225	213 (b) If, in a regular primary election or a presidential primary election, the voter is listed H.B. 554 02-23-23 1:05 PM
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227	227	214in the official register as unaffiliated, or if the official register does not affirmatively identify
228	228	215the voter as either unaffiliated or affiliated with a registered political party, and the voter, as an
229	229	216unaffiliated voter, is not authorized to vote the ballot that the voter requests, the poll worker
230	230	217shall:
231	231	218 (i) ask the voter if the voter wishes to vote another registered political party ballot that
232	232	219the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
233	233	220 (ii) (A) if the voter wishes to vote another registered political party ballot that the
234	234	221unaffiliated voter is authorized to vote, the poll worker shall proceed as required by Subsection
235	235	222(3); or
236	236	223 (B) if the voter wishes to remain unaffiliated and does not wish to vote another ballot
237	237	224that unaffiliated voters are authorized to vote, the poll worker shall instruct the voter that the
238	238	225voter may not vote.
239	239	226 (7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions
240	240	227of Subsection (6), if the poll worker determines that the voter is registered, a poll worker shall:
241	241	228 (a) direct the voter to sign the voter's name in the official register;
242	242	229 (b) except as provided in Subsection (8), provide to the voter the ballot that the voter is
243	243	230qualified to vote; and
244	244	231 (c) allow the voter to enter the voting booth.
245	245	232 (8) A voter who receives a manual ballot by mail may:
246	246	233 (a) bring the ballot to the polling place; and
247	247	234 (b) (i) enter a voting booth to fill out the ballot; or
248	248	235 (ii) fill the out the ballot before arriving at the polling place.
249	249	236 (9) After a voter fills out a manual ballot under this section:
250	250	237 (a) the voter shall:
251	251	238 (i) enter a private booth; and
252	252	239 (ii) insert the voter's ballot into the tabulating machine;
253	253	240 (b) the tabulating machine shall, upon insertion of the voter's ballot under Subsection
254	254	241(9)(a)(ii):
255	255	242 (i) collect the ballot in a manner that the voter may not retrieve the ballot;
256	256	243 (ii) scan the ballot; and
257	257	244 (iii) provide the voter with a printed document: 02-23-23 1:05 PM H.B. 554
258	258	- 9 -
259	259	245 (A) showing each vote cast by the voter for each race and each measure; and
260	260	246 (B) specifying, for each race and each measure, the selection made by the voter;
261	261	247 (c) the voter shall, after reviewing the document described in Subsection (9)(b)(iii),
262	262	248make an entry indicating whether the document correctly reflects the voter's intent; and
263	263	249 (d) (i) if, under Subsection (9)(c), the voter indicates that the document correctly
264	264	250reflects the voter's intent, the tabulating machine shall:
265	265	251 (A) tabulate and store the voter's vote in a manner that preserves the voter's right to a
266	266	252secret ballot; and
267	267	253 (B) retain the ballot to be stored in accordance with the requirements of law; or
268	268	254 (ii) if, under Subsection (9)(c), the voter indicates that the document does not correctly
269	269	255reflect the voter's intent:
270	270	256 (A) the tabulating machine shall spoil the ballot; and
271	271	257 (B) the poll worker shall provide the voter with a new ballot and direct the voter to a
272	272	258voting booth where the voter may fill out the new ballot.
273	273	259 Section 3. Section 20A-3a-602 is amended to read:
274	274	260 20A-3a-602. Hours for early voting.
275	275	261 (1) Except as provided in Section 20A-1-308, the election officer shall determine the
276	276	262times for opening and closing the polls for each day of early voting provided that voting is open
277	277	263for a minimum of four hours during each day that polls are open during the early voting period.
278	278	264 (2) Except as provided in Section 20A-1-308, each registered voter who arrives at the
279	279	265polls before the time scheduled for closing of the polls shall be allowed to vote.
280	280	266 (3) Each early voting polling place for a jurisdiction conducting an election shall be
281	281	267open for the same hours as each other early voting polling place for the jurisdiction.
282	282	268 Section 4. Section 20A-3a-603 is amended to read:
283	283	269 20A-3a-603. Early voting polling places.
284	284	270 (1) Except as provided in Section 20A-1-308 or 20A-7-609.5, the election officer shall
285	285	271designate one or more polling places for early voting, as follows:
286	286	272 (a) at least one polling place shall be open on each day that polls are open during the
287	287	273early voting period;
288	288	274 (b) each polling place shall comply with the requirements for polling places under
289	289	275Chapter 5, Election Administration; H.B. 554 02-23-23 1:05 PM
290	290	- 10 -
291	291	276 (c) for all elections other than local special elections, municipal primary elections, and
292	292	277municipal general elections, at least 10% of the voting devices at a polling place shall be
293	293	278accessible for individuals with disabilities in accordance with Public Law 107-252, the Help
294	294	279America Vote Act of 2002; and
295	295	280 (d) each polling place shall be located in a government building or office, unless the
296	296	281election officer determines that, in the area designated by the election officer, there is no
297	297	282government building or office available that:
298	298	283 (i) can be scheduled for use during early voting hours;
299	299	284 (ii) has the physical facilities necessary to accommodate early voting requirements;
300	300	285 (iii) has adequate space for voting equipment, poll workers, and voters; and
301	301	286 (iv) has adequate security, public accessibility, and parking.
302	302	287 (2) (a) Except as provided in Section 20A-1-308, the election officer may, after the
303	303	288deadline described in Section 20A-3a-604:
304	304	289 (i) if necessary, change the location of an early voting place; or
305	305	290 (ii) if the election officer determines that the number of early voting polling places is
306	306	291insufficient due to the number of registered voters who are voting, designate additional polling
307	307	292places during the early voting period.
308	308	293 (b) Except as provided in Section 20A-1-308, if an election officer changes the
309	309	294location of an early voting polling place or designates an additional early voting polling place,
310	310	295the election officer shall, as soon as is reasonably possible, give notice of the dates, times, and
311	311	296location of the changed early voting polling place or the additional early voting polling place:
312	312	297 (i) to the lieutenant governor, for posting on the Statewide Voter Information Website;
313	313	298 (ii) by posting the information on the website of the election officer, if available; and
314	314	299 (iii) by posting notice:
315	315	300 (A) for a change in the location of an early voting polling place, at the new location
316	316	301and, if possible, the old location; and
317	317	302 (B) for an additional early voting polling place, at the additional early voting polling
318	318	303place.
319	319	304 (3) Except as provided in Section 20A-1-308, for each regular general election and
320	320	305regular primary election, counties of the first class shall ensure that the early voting polling
321	321	306places are approximately proportionately distributed based on population within the county. 02-23-23 1:05 PM H.B. 554
322	322	- 11 -
323	323	307 (4) Each early voting polling place for a jurisdiction conducting an election shall be
324	324	308open on the same days as each other early voting polling place for the jurisdiction.
325	325	309 Section 5. Section 20A-4-101 is amended to read:
326	326	310 20A-4-101. Manual ballots cast at a polling place -- Counting manual ballots at
327	327	311polling place.
328	328	312 [(1) Each county legislative body, municipal legislative body, and each poll worker
329	329	313shall comply with the requirements of this section when counting manual ballots on the day of
330	330	314an election, if:]
331	331	315 [(a) the ballots are cast at a polling place; and]
332	332	316 [(b) the ballots are counted at the polling place before the polls close.]
333	333	317 [(2) (a) Each county legislative body or municipal legislative body shall provide:]
334	334	318 [(i) two sets of ballot boxes for all voting precincts where both receiving and counting
335	335	319judges have been appointed; and]
336	336	320 [(ii) a counting room for the use of the poll workers counting the ballots during the
337	337	321day.]
338	338	322 [(b) At any election in any voting precinct in which both receiving and counting judges
339	339	323have been appointed, when at least 20 votes have been cast, the receiving judges shall:]
340	340	324 [(i) close the first ballot box and deliver it to the counting judges; and]
341	341	325 [(ii) prepare and use another ballot box to receive voted ballots.]
342	342	326 [(c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the
343	343	327counting judges shall:]
344	344	328 [(i) take the ballot box to the counting room;]
345	345	329 [(ii) count the votes on the regular ballots in the ballot box;]
346	346	330 [(iii) place the provisional ballot envelopes in the envelope or container provided for
347	347	331them for return to the election officer; and]
348	348	332 [(iv) when they have finished counting the votes in the ballot box, return the emptied
349	349	333box to the receiving judges.]
350	350	334 [(d) (i) During the course of election day, whenever there are at least 20 ballots
351	351	335contained in a ballot box, the receiving judges shall deliver that ballot box to the counting
352	352	336judges for counting; and]
353	353	337 [(ii) the counting judges shall immediately count the regular ballots and segregate the H.B. 554 02-23-23 1:05 PM
354	354	- 12 -
355	355	338provisional ballots contained in that box.]
356	356	339 [(e) The counting judges shall continue to exchange the ballot boxes and count ballots
357	357	340until the polls close.]
358	358	341 [(f) (i)] (1) The director of elections within the Office of the Lieutenant Governor shall
359	359	342make rules in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
360	360	343describing the procedures that a counting judge is required to follow for:
361	361	344 (a) counting ballots at a polling place;
362	362	345 (b) counting ballots in an instant runoff voting race under Part 6, Municipal Alternate
363	363	346Voting Methods Pilot Project[.]; and
364	364	347 (c) handling and storing ballots at a polling place.
365	365	348 [(ii)] (2) When counting ballots in an instant runoff voting race described in Part 6,
366	366	349Municipal Alternate Voting Methods Pilot Project, a counting judge shall comply with the
367	367	350procedures established under Subsection [(2)(f)(i)] (1)(b) and Part 6, Municipal Alternate
368	368	351Voting Methods Pilot Project.
369	369	352 [(3) To resolve questions that arise during the counting of ballots, a counting judge
370	370	353shall apply the standards and requirements of:]
371	371	354 [(a) to the extent applicable, Section 20A-4-105; and]
372	372	355 [(b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
373	373	356Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).]
374	374	357 Section 6. Section 20A-4-102 is amended to read:
375	375	358 20A-4-102. Actions taken at polling place on day of election after polls close.
376	376	359 [(1) (a) This section governs counting manual ballots on the day of an election, if:]
377	377	360 [(i) the ballots are cast at a polling place; and]
378	378	361 [(ii) the ballots are counted at the polling place after the polls close.]
379	379	362 [(b) Except as provided in Subsection (2) or a rule made under Subsection
380	380	36320A-4-101(2)(f)(i), as soon as the polls have been closed and the last qualified voter has voted,
381	381	364the election judges shall count the ballots by performing the tasks specified in this section in
382	382	365the order that they are specified.]
383	383	366 [(c) To resolve questions that arise during the counting of ballots, a counting judge
384	384	367shall apply the standards and requirements of:]
385	385	368 [(i) to the extent applicable, Section 20A-4-105; and] 02-23-23 1:05 PM H.B. 554
386	386	- 13 -
387	387	369 [(ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
388	388	370Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).]
389	389	371 [(2) (a) First, the election judges shall count the number of ballots in the ballot box.]
390	390	372 [(b) (i) If there are more ballots in the ballot box than there are names entered in the
391	391	373pollbook, the judges shall examine the official endorsements on the ballots.]
392	392	374 [(ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the
393	393	375proper official endorsement, the judges shall put those ballots in an excess ballot file and not
394	394	376count them.]
395	395	377 [(c) (i) If, after examining the official endorsements, there are still more ballots in the
396	396	378ballot box than there are names entered in the pollbook, the judges shall place the remaining
397	397	379ballots back in the ballot box.]
398	398	380 [(ii) One of the judges, without looking, shall draw a number of ballots equal to the
399	399	381excess from the ballot box.]
400	400	382 [(iii) The judges shall put those excess ballots into the excess ballot envelope and not
401	401	383count them.]
402	402	384 [(d) When the ballots in the ballot box equal the number of names entered in the
403	403	385pollbook, the judges shall count the votes.]
404	404	386 [(3)] (1) [The] After the polls close on election day, the judges at a polling place shall:
405	405	387 (a) place all unused ballots in the envelope or container provided for return to the
406	406	388county clerk or city recorder[; and(b)] and seal that envelope or container[.]; and
407	407	389 [(4) The judges shall:]
408	408	390 [(a)] (b) place all of the provisional ballot envelopes in the envelope or container
409	409	391provided for [them] provisional ballots for return to the election officer[; and (b)] and seal that
410	410	392envelope or container.
411	411	393 [(5) (a) In counting the votes, the election judges shall read and count each ballot
412	412	394separately.]
413	413	395 [(b) In regular primary elections the judges shall:]
414	414	396 [(i) count the number of ballots cast for each party;]
415	415	397 [(ii) place the ballots cast for each party in separate piles; and]
416	416	398 [(iii) count all the ballots for one party before beginning to count the ballots cast for
417	417	399other parties.] H.B. 554 02-23-23 1:05 PM
418	418	- 14 -
419	419	400 [(6)] (2) (a) In all elections, [the counting judges] counting shall, except as provided in
420	420	401Part 6, Municipal Alternate Voting Methods Pilot Project, or a rule made under Subsection
421	421	402[20A-4-101(2)(f)(i)] 20A-4-101(1), entail:
422	422	403 (i) [count] counting one vote for each candidate designated by the marks in the squares
423	423	404next to the candidate's name;
424	424	405 (ii) [count] counting each vote for each write-in candidate who has qualified by filing a
425	425	406declaration of candidacy under Section 20A-9-601;
426	426	407 (iii) [read] reading every name marked on the ballot and [mark] marking every name
427	427	408upon the tally sheets before another ballot is counted;
428	428	409 [(iv) evaluate each ballot and each vote based on the standards and requirements of
429	429	410Section 20A-4-105;]
430	430	411 [(v)] (iv) [write] printing the word "spoiled" on [the back of] each ballot that lacks the
431	431	412official endorsement and deposit [it] the ballot in the spoiled ballot envelope; and
432	432	413 [(vi)] (v) [ read, count, and record] reading, counting, and recording upon the tally
433	433	414sheets the votes that each candidate and ballot proposition received from all ballots, except
434	434	415excess or spoiled ballots.
435	435	416 (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
436	436	417persons clearly not eligible to qualify for office.
437	437	418 (c) The judges shall certify to the accuracy and completeness of the tally list in the
438	438	419space provided on the tally list.
439	439	420 (d) When the judges have counted all of the voted ballots, they shall record the results
440	440	421on the total votes cast form.
441	441	422 [(7)] (3) Only an election judge and a watcher may be present at the place where
442	442	423counting is conducted until the count is completed.
443	443	424 Section 7. Section 20A-4-103 is amended to read:
444	444	425 20A-4-103. Preparing ballots cast at a polling place for transport.
445	445	426 (1) This section governs the preparation of ballots for [the counting center] transport
446	446	427when the ballots are cast at a polling place.
447	447	428 (2) (a) As soon as the polls have been closed and the last qualified voter has voted, the
448	448	429poll workers shall prepare the ballots for delivery to the [counting center] location designated
449	449	430by the election officer as provided in this section. 02-23-23 1:05 PM H.B. 554
450	450	- 15 -
451	451	431 (b) The poll workers, election officers, and other persons may not manually count any
452	452	432votes before delivering the ballots to the counting center.
453	453	433 (3) The poll workers shall:
454	454	434 (a) complete the statement of disposition of ballots and all other forms required by the
455	455	435election officer;
456	456	436 (b) place a copy of the forms described in Subsection (3)(a) and the voted ballots in a
457	457	437sealed container;
458	458	438 (c) place all provisional ballots in the container provided for returning provisional
459	459	439ballots to the [counting center] location designated by the election officer and seal the
460	460	440container; and
461	461	441 (d) deliver to the [counting center] location designated by the election officer:
462	462	442 (i) the items described in Subsections (3)(a) through (c); and
463	463	443 (ii) any other items required by the election officer.
464	464	444 Section 8. Section 20A-4-104 is amended to read:
465	465	445 20A-4-104. Counting ballots electronically.
466	466	446 (1) (a) Before beginning to count ballots using automatic tabulating equipment, the
467	467	447election officer shall test the automatic tabulating equipment to ensure that it will accurately
468	468	448count the votes cast for all offices and all measures.
469	469	449 (b) The election officer shall provide public notice of the time and place of the test:
470	470	450 (i) (A) by publishing notice at least 48 hours before the test in a newspaper of general
471	471	451circulation in the county, municipality, or jurisdiction where the equipment is used;
472	472	452 (B) at least 10 days before the day of the test, by posting one notice, and at least one
473	473	453additional notice per 2,000 population of the county, municipality, or jurisdiction, in places
474	474	454within the county, municipality, or jurisdiction that are most likely to give notice to the voters
475	475	455in the county, municipality, or jurisdiction, subject to a maximum of 10 notices; or
476	476	456 (C) at least 10 days before the day of the test, by mailing notice to each registered voter
477	477	457in the county, municipality, or jurisdiction where the equipment is used;
478	478	458 (ii) by posting notice on the Utah Public Notice Website, created in Section
479	479	45963A-16-601, for four weeks before the day of the test; and
480	480	460 (iii) if the county, municipality, or jurisdiction has a website, by posting notice on the
481	481	461website for four weeks before the day of the test. H.B. 554 02-23-23 1:05 PM
482	482	- 16 -
483	483	462 (c) The election officer shall conduct the test by processing a preaudited group of
484	484	463ballots.
485	485	464 (d) The election officer shall ensure that:
486	486	465 (i) a predetermined number of valid votes for each candidate and measure are recorded
487	487	466on the ballots;
488	488	467 (ii) for each office, one or more ballots have votes in excess of the number allowed by
489	489	468law in order to test the ability of the automatic tabulating equipment to reject those votes; and
490	490	469 (iii) a different number of valid votes are assigned to each candidate for an office, and
491	491	470for and against each measure.
492	492	471 (e) If any error is detected, the election officer shall determine the cause of the error
493	493	472and correct it.
494	494	473 (f) The election officer shall ensure that:
495	495	474 (i) the automatic tabulating equipment produces an errorless count before beginning
496	496	475the actual counting; and
497	497	476 (ii) the automatic tabulating equipment passes the same test at the end of the count
498	498	477before the election returns are approved as official.
499	499	478 (2) (a) The election officer or the election officer's designee shall supervise and direct
500	500	479all proceedings at the counting center.
501	501	480 (b) (i) Proceedings at the counting center are public and may be observed by interested
502	502	481persons.
503	503	482 (ii) Only those persons authorized to participate in the count may touch any ballot or
504	504	483return.
505	505	484 (c) The election officer shall deputize and administer an oath or affirmation to all
506	506	485persons who are engaged in processing and counting the ballots that they will faithfully
507	507	486perform their assigned duties.
508	508	487 (3) [(a)] If any ballot is damaged or defective so that it cannot properly be counted by
509	509	488the automatic tabulating equipment, the election officer shall [ensure that two counting judges
510	510	489jointly:] spoil the damaged or defective portions of the ballot.
511	511	490 [(i) make a true replication of the ballot with an identifying serial number;]
512	512	491 [(ii) substitute the replicated ballot for the damaged or defective ballot;]
513	513	492 [(iii) label the replicated ballot "replicated"; and] 02-23-23 1:05 PM H.B. 554
514	514	- 17 -
515	515	493 [(iv) record the replicated ballot's serial number on the damaged or defective ballot.]
516	516	494 [(b) The lieutenant governor shall provide to each election officer a standard form on
517	517	495which the election officer shall maintain a log of all replicated ballots, that includes, for each
518	518	496ballot:]
519	519	497 [(i) the serial number described in Subsection (3)(a);]
520	520	498 [(ii) the identification of the individuals who replicated the ballot;]
521	521	499 [(iii) the reason for the replication; and]
522	522	500 [(iv) any other information required by the lieutenant governor.]
523	523	501 [(c) An election officer shall:]
524	524	502 [(i) maintain the log described in Subsection (3)(b) in a complete and legible manner,
525	525	503as ballots are replicated;]
526	526	504 [(ii) at the end of each day during which one or more ballots are replicated, make an
527	527	505electronic copy of the log; and]
528	528	506 [(iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22
529	529	507months.]
530	530	508 (4) The election officer may:
531	531	509 (a) conduct an unofficial count before conducting the official count in order to provide
532	532	510early unofficial returns to the public;
533	533	511 (b) release unofficial returns from time to time after the polls close; and
534	534	512 (c) report the progress of the count for each candidate during the actual counting of
535	535	513ballots.
536	536	514 (5) Beginning on the day after the date of the election, if an election officer releases
537	537	515early unofficial returns or reports the progress of the count for each candidate under Subsection
538	538	516(4), the election officer shall, with each release or report, disclose an estimate of the total
539	539	517number of voted ballots in the election officer's custody that have not yet been counted.
540	540	518 (6) The election officer shall review and evaluate the provisional ballot envelopes and
541	541	519prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
542	542	520 (7) (a) The election officer or the election officer's designee shall:
543	543	521 (i) separate, count, and tabulate any ballots containing valid write-in votes; and
544	544	522 (ii) complete the standard form provided by the clerk for recording valid write-in votes.
545	545	523 (b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast H.B. 554 02-23-23 1:05 PM
546	546	- 18 -
547	547	524more votes for an office than that voter is entitled to vote for that office, the poll workers shall
548	548	525count the valid write-in vote as being the obvious intent of the voter.
549	549	526 (8) (a) The election officer shall certify the return printed by the automatic tabulating
550	550	527equipment, to which have been added write-in and absentee votes, as the official return of each
551	551	528voting precinct.
552	552	529 (b) Upon completion of the count, the election officer shall make official returns open
553	553	530to the public.
554	554	531 (9) If for any reason it becomes impracticable to count all or a part of the ballots with
555	555	532tabulating equipment, the election officer may direct that they be counted manually according
556	556	533to the procedures and requirements of this part.
557	557	534 (10) After the count is completed, the election officer shall seal and retain the
558	558	535programs, test materials, and ballots as provided in Section 20A-4-202.
559	559	536 Section 9. Section 20A-4-105 is amended to read:
560	560	537 20A-4-105. Standards and requirements for evaluating voter's ballot.
561	561	538 [(1) (a) An election officer shall ensure that when a question arises regarding a vote
562	562	539recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except as
563	563	540otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, in accordance
564	564	541with the requirements of this section.]
565	565	542 [(b) If the counting judges disagree on the disposition of a vote recorded on a ballot
566	566	543that is adjudicated under this section, the counting judges may not count the vote.]
567	567	544 [(c) An election officer shall store adjudicated ballots separately from other ballots to
568	568	545enable a court to review the ballots if the election is challenged in court.]
569	569	546 [(2)] (1) Except as provided in Subsection [(10)] (8), Subsection 20A-3a-204(6), or
570	570	547Part 6, Municipal Alternate Voting Methods Pilot Project, if a voter marks more names than
571	571	548there are individuals to be elected to an office, or if the counting judges cannot determine a
572	572	549voter's choice for an office, the counting judges may not count the voter's vote for that office.
573	573	550 [(3) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
574	574	551Project, the counting judges shall count a defective or incomplete mark on a manual ballot if:]
575	575	552 [(a) the defective or incomplete mark is in the proper place; and]
576	576	553 [(b) there is no other mark or cross on the ballot indicating the voter's intent to vote
577	577	554other than as indicated by the incomplete or defective mark.] 02-23-23 1:05 PM H.B. 554
578	578	- 19 -
579	579	555 [(4)] (2) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods
580	580	556Pilot Project, the counting judges may not reject a ballot marked by the voter because of marks
581	581	557on the ballot other than those marks allowed by this section unless the extraneous marks on a
582	582	558ballot show an intent by an individual to mark the individual's ballot so that the individual's
583	583	559ballot can be identified.
584	584	560 [(5) (a) In counting the ballots, the counting judges shall give full consideration to the
585	585	561intent of the voter.]
586	586	562 [(b)] (3) The counting judges may not invalidate a ballot because of mechanical or
587	587	563technical defects in voting or failure on the part of the voter to follow strictly the rules for
588	588	564balloting required by Chapter 3a, Voting.
589	589	565 [(6)] (4) The counting judges may not reject a ballot because of an error in:
590	590	566 (a) stamping or writing an official endorsement; or
591	591	567 (b) delivering the wrong ballots to a polling place.
592	592	568 [(7)] (5) The counting judges may not count a manual ballot that does not have the
593	593	569official endorsement by an election officer.
594	594	570 [(8)] (6) The counting judges may not count a ballot proposition vote or candidate vote
595	595	571for which the voter is not legally entitled to vote, as defined in Section 20A-4-107.
596	596	572 [(9)] (7) If the counting judges discover that the name of a candidate is misspelled on
597	597	573a ballot, or that the initial letters of a candidate's given name are transposed or omitted in whole
598	598	574or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it is
599	599	575apparent that the voter intended to vote for the candidate.
600	600	576 [(10)] (8) The counting judges shall count a vote for the president and the vice
601	601	577president of any political party as a vote for the presidential electors selected by the political
602	602	578party.
603	603	579 [(11)] (9) Except as otherwise provided in Part 6, Municipal Alternate Voting Methods
604	604	580Pilot Project, in counting the valid write-in votes, if, by casting a valid write-in vote, a voter
605	605	581has cast more votes for an office than that voter is entitled to vote for that office, the counting
606	606	582judges shall count the valid write-in vote as being the obvious intent of the voter.