01-28 09:44 1st Sub. (Buff) H.B. 213
Rex P. Shipp proposes the following substitute bill:
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Voting Revisions
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rex P. Shipp
Senate Sponsor:
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LONG TITLE
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General Description:
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This bill amends provisions relating to elections and voting.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ provides that, beginning in 2026:
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● elections will be conducted both in person and by mail, rather than primarily by mail;
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● a ballot will only be mailed to a voter who requests mailing or who is covered by the
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Uniform Military and Overseas Voters Act (covered voter); and
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● a ballot will not be mailed to a voter who requests not to receive a ballot by mail or,
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unless the voter is a covered voter, a voter who fails to vote in a regular general
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election;
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▸ requires the lieutenant governor to establish and operate an online remote ballot request
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system;
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▸ provides that a voter may request to receive a ballot by mail in 2026 and beyond by
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making the request:
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● using a form developed by the lieutenant governor; or
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● via the online remote ballot request system, as soon as the system is available for use;
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▸ modifies voter registration forms, and temporarily modifies a ballot return envelope, to
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inform voters about:
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● the changes to by-mail voting described in this bill; and
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● the methods by which a voter may request to receive a ballot by mail in the upcoming
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elections;
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▸ subject to certain exceptions relating to a covered voter, provides that, for a ballot to be
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valid, the ballot must be received before the close of polls on the day of the election;
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▸ establishes requirements for notifying active voters of the requirement to request a mailed
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ballot for future elections and the methods by which a voter may make the request; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-1-102, as last amended by Laws of Utah 2024, Chapter 438
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20A-2-104, as last amended by Laws of Utah 2023, Chapters 327, 406
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20A-2-108, as last amended by Laws of Utah 2023, Chapter 406
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20A-2-206, as last amended by Laws of Utah 2023, Chapter 297
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20A-2-207, as last amended by Laws of Utah 2022, Chapter 18
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20A-2-505, as last amended by Laws of Utah 2023, Chapters 327, 406 and renumbered
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and amended by Laws of Utah 2023, Chapter 297
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20A-3a-106, as enacted by Laws of Utah 2023, Chapter 297
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20A-3a-202, as last amended by Laws of Utah 2023, Chapters 56, 106 and 297
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20A-3a-204, as last amended by Laws of Utah 2022, Chapter 156
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20A-9-808, as last amended by Laws of Utah 2020, Chapter 31
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ENACTS:
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20A-3a-107, Utah Code Annotated 1953
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20A-5-411, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-1-102 is amended to read:
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20A-1-102 . Definitions.
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As used in this title:
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(1) "Active voter" means a registered voter who has not been classified as an inactive voter
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by the county clerk.
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(2) "Automatic tabulating equipment" means apparatus that automatically examines and
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counts votes recorded on ballots and tabulates the results.
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(3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
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storage medium, that records an individual voter's vote.
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(b) "Ballot" does not include a record to tally multiple votes.
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(4) "Ballot proposition" means a question, issue, or proposal that is submitted to voters on
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the ballot for their approval or rejection including:
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(a) an opinion question specifically authorized by the Legislature;
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(b) a constitutional amendment;
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(c) an initiative;
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(d) a referendum;
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(e) a bond proposition;
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(f) a judicial retention question;
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(g) an incorporation of a city or town; or
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(h) any other ballot question specifically authorized by the Legislature.
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(5) "Bind," "binding," or "bound" means securing more than one piece of paper together
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using staples or another means in at least three places across the top of the paper in the
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blank space reserved for securing the paper.
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(6) "Board of canvassers" means the entities established by Sections 20A-4-301 and
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20A-4-306 to canvass election returns.
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(7) "Bond election" means an election held for the purpose of approving or rejecting the
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proposed issuance of bonds by a government entity.
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(8) "Business reply mail envelope" means an envelope that may be mailed free of charge by
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the sender.
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(9) "Canvass" means the review of election returns and the official declaration of election
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results by the board of canvassers.
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(10) "Canvassing judge" means a poll worker designated to assist in counting ballots at the
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canvass.
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(11) "Contracting election officer" means an election officer who enters into a contract or
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interlocal agreement with a provider election officer.
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(12) "Convention" means the political party convention at which party officers and
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delegates are selected.
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(13) "Counting center" means one or more locations selected by the election officer in
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charge of the election for the automatic counting of ballots.
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(14) "Counting judge" means a poll worker designated to count the ballots during election
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day.
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(15) "Counting room" means a suitable and convenient private place or room for use by the
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poll workers and counting judges to count ballots.
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(16) "County officers" means those county officers that are required by law to be elected.
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(17) "Date of the election" or "election day" or "day of the election":
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(a) means the day that is specified in the calendar year as the day that the election
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occurs; and
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(b) does not include:
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(i) deadlines established for voting by mail, military-overseas voting, or emergency
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voting; or
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(ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
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Early Voting.
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(18) "Elected official" means:
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(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
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Municipal Alternate Voting Methods Pilot Project;
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(b) a person who is considered to be elected to a municipal office in accordance with
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Subsection [20A-1-206(1)(c)(ii)] 20A-1-206(3)(b)(ii); or
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(c) a person who is considered to be elected to a special district office in accordance
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with Subsection 20A-1-206(3)(b)(ii).
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(19) "Election" means a regular general election, a municipal general election, a statewide
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special election, a local special election, a regular primary election, a municipal primary
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election, and a special district election.
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(20) "Election Assistance Commission" means the commission established by the Help
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America Vote Act of 2002, Pub. L. No. 107-252.
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(21) "Election cycle" means the period beginning on the first day persons are eligible to file
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declarations of candidacy and ending when the canvass is completed.
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(22) "Election judge" means a poll worker that is assigned to:
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(a) preside over other poll workers at a polling place;
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(b) act as the presiding election judge; or
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(c) serve as a canvassing judge, counting judge, or receiving judge.
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(23) "Election officer" means:
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(a) the lieutenant governor, for all statewide ballots and elections;
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(b) the county clerk for:
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(i) a county ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5;
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(c) the municipal clerk for:
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(i) a municipal ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5;
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(d) the special district clerk or chief executive officer for:
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(i) a special district ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5; or
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(e) the business administrator or superintendent of a school district for:
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(i) a school district ballot and election; and
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(ii) a ballot and election as a provider election officer as provided in Section
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20A-5-400.1 or 20A-5-400.5.
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(24) "Election official" means any election officer, election judge, or poll worker.
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(25) "Election results" means:
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(a) for an election other than a bond election, the count of votes cast in the election and
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the election returns requested by the board of canvassers; or
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(b) for bond elections, the count of those votes cast for and against the bond proposition
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plus any or all of the election returns that the board of canvassers may request.
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(26) "Election returns" includes:
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(a) the pollbook, the military and overseas absentee voter registration and voting
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certificates, one of the tally sheets, any unprocessed ballots, all counted ballots, all
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excess ballots, all unused ballots, all spoiled ballots, the ballot disposition form, and
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the total votes cast form; and
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(b) the record, described in Subsection 20A-3a-401(8)(c), of voters contacted to cure a
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ballot.
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(27) "Electronic signature" means an electronic sound, symbol, or process attached to or
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logically associated with a record and executed or adopted by a person with the intent to
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sign the record.
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(28) "Inactive voter" means a registered voter who is listed as inactive by a county clerk
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under Subsection 20A-2-505(4)(c)(i) or (ii).
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(29) "Judicial office" means the office filled by any judicial officer.
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(30) "Judicial officer" means any justice or judge of a court of record or any county court
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judge.
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(31) "Local election" means a regular county election, a regular municipal election, a
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municipal primary election, a local special election, a special district election, and a
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bond election.
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(32) "Local political subdivision" means a county, a municipality, a special district, or a
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local school district.
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(33) "Local special election" means a special election called by the governing body of a
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local political subdivision in which all registered voters of the local political subdivision
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may vote.
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(34) "Manual ballot" means a paper document produced by an election officer on which an
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individual records an individual's vote by directly placing a mark on the paper document
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using a pen or other marking instrument.
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(35) "Mechanical ballot" means a record, including a paper record, electronic record, or
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mechanical record, that:
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(a) is created via electronic or mechanical means; and
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(b) records an individual voter's vote cast via a method other than an individual directly
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placing a mark, using a pen or other marking instrument, to record an individual
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voter's vote.
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(36) "Municipal executive" means:
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(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
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(b) the mayor in the council-manager form of government defined in Subsection
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10-3b-103(6).
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(37) "Municipal general election" means the election held in municipalities and, as
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applicable, special districts on the first Tuesday after the first Monday in November of
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each odd-numbered year for the purposes established in Section 20A-1-202.
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(38) "Municipal legislative body" [meansthe] means the council of the city or town in any
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form of municipal government.
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(39) "Municipal office" means an elective office in a municipality.
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(40) "Municipal officers" means those municipal officers that are required by law to be
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elected.
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(41) "Municipal primary election" means an election held to nominate candidates for
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municipal office.
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(42) "Municipality" means a city or town.
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(43) "Official ballot" means the ballots distributed by the election officer for voters to
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record their votes.
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(44) "Official endorsement" means the information on the ballot that identifies:
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(a) the ballot as an official ballot;
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(b) the date of the election; and
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(c)(i) for a ballot prepared by an election officer other than a county clerk, the
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facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
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(ii) for a ballot prepared by a county clerk, the words required by Subsection
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20A-6-301(1)(b)(iii).
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(45) "Official register" means the official record furnished to election officials by the
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election officer that contains the information required by Section 20A-5-401.
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(46) "Political party" means an organization of registered voters that has qualified to
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participate in an election by meeting the requirements of Chapter 8, Political Party
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Formation and Procedures.
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(47)(a) "Poll worker" means a person assigned by an election official to assist with an
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election, voting, or counting votes.
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(b) "Poll worker" includes election judges.
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(c) "Poll worker" does not include a watcher.
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(48) "Pollbook" means a record of the names of voters in the order that they appear to cast
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votes.
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(49) "Polling place" means a building where voting is conducted.
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(50) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
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which the voter marks the voter's choice.
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(51) "Presidential Primary Election" means the election established in Chapter 9, Part 8,
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Presidential Primary Election.
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(52) "Primary convention" means the political party conventions held during the year of the
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regular general election.
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(53) "Protective counter" means a separate counter, which cannot be reset, that:
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(a) is built into a voting machine; and
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(b) records the total number of movements of the operating lever.
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(54) "Provider election officer" means an election officer who enters into a contract or
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interlocal agreement with a contracting election officer to conduct an election for the
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contracting election officer's local political subdivision in accordance with Section
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20A-5-400.1.
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(55) "Provisional ballot" means a ballot voted provisionally by a person:
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(a) whose name is not listed on the official register at the polling place;
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(b) whose legal right to vote is challenged as provided in this title; or
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(c) whose identity was not sufficiently established by a poll worker.
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(56) "Provisional ballot envelope" means an envelope printed in the form required by
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Section 20A-6-105 that is used to identify provisional ballots and to provide information
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to verify a person's legal right to vote.
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(57)(a) "Public figure" means an individual who, due to the individual being considered
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for, holding, or having held a position of prominence in a public or private capacity,
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or due to the individual's celebrity status, has an increased risk to the individual's
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safety.
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(b) "Public figure" does not include an individual:
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(i) elected to public office; or
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(ii) appointed to fill a vacancy in an elected public office.
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(58) "Qualify" or "qualified" means to take the oath of office and begin performing the
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duties of the position for which the individual was elected.
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(59) "Receiving judge" means the poll worker that checks the voter's name in the official
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register at a polling place and provides the voter with a ballot.
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(60) "Remote ballot" means a ballot that is mailed to a remote voter, as defined in
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Subsection 20A-3a-202(1).
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[(60)] (61) "Registration form" means a form by which an individual may register to vote
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under this title.
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[(61)] (62) "Regular ballot" means a ballot that is not a provisional ballot.
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[(62)] (63) "Regular general election" means the election held throughout the state on the
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first Tuesday after the first Monday in November of each even-numbered year for the
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purposes established in Section 20A-1-201.
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[(63)] (64) "Regular primary election" means the election, held on the date specified in
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Section 20A-1-201.5, to nominate candidates of political parties and candidates for
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nonpartisan local school board positions to advance to the regular general election.
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[(64)] (65) "Resident" means a person who resides within a specific voting precinct in Utah.
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[(65)] (66) "Return envelope" means the envelope, described in Subsection [20A-3a-202(4)]
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20A-3a-202(6), provided to a voter with a manual ballot:
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(a) into which the voter places the manual ballot after the voter has voted the manual
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ballot in order to preserve the secrecy of the voter's vote; and
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(b) that includes the voter affidavit and a place for the voter's signature.
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[(66)] (67) "Sample ballot" means a mock ballot similar in form to the official ballot,
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published as provided in Section 20A-5-405.
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[(67)] (68) "Special district" means a local government entity under Title 17B, Limited
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Purpose Local Government Entities - Special Districts, and includes a special service
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district under Title 17D, Chapter 1, Special Service District Act.
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[(68)] (69) "Special district officers" means those special district board members who are
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required by law to be elected.
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[(69)] (70) "Special election" means an election held as authorized by Section 20A-1-203.
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[(70)] (71) "Spoiled ballot" means each ballot that:
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(a) is spoiled by the voter;
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(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
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(c) lacks the official endorsement.
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[(71)] (72) "Statewide special election" means a special election called by the governor or
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the Legislature in which all registered voters in Utah may vote.
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[(72)] (73) "Tabulation system" means a device or system designed for the sole purpose of
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tabulating votes cast by voters at an election.
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[(73)] (74) "Ticket" means a list of:
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(a) political parties;
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(b) candidates for an office; or
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(c) ballot propositions.
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[(74)] (75) "Transfer case" means the sealed box used to transport voted ballots to the
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counting center.
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[(75)] (76) "Vacancy" means:
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(a) except as provided in Subsection [(75)(b)] (76)(b), the absence of an individual to
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serve in a position created by state constitution or state statute, whether that absence
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occurs because of death, disability, disqualification, resignation, or other cause[ ]; or
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(b) in relation to a candidate for a position created by state constitution or state statute,
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the removal of a candidate due to the candidate's death, resignation, or
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disqualification.
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[(76)] (77) "Valid voter identification" means:
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(a) a form of identification that bears the name and photograph of the voter which may
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include:
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(i) a currently valid Utah driver license;
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(ii) a currently valid identification card that is issued by:
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(A) the state; or
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(B) a branch, department, or agency of the United States;
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(iii) a currently valid Utah permit to carry a concealed weapon;
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(iv) a currently valid United States passport; or
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(v) a currently valid United States military identification card;
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(b) one of the following identification cards, whether or not the card includes a
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photograph of the voter:
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(i) a valid tribal identification card;
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(ii) a Bureau of Indian Affairs card; or
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(iii) a tribal treaty card; or
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(c) two forms of identification not listed under Subsection [(76)(a) or (b)] (77)(a) or (b)
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but that bear the name of the voter and provide evidence that the voter resides in the
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voting precinct, which may include:
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(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
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election;
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(ii) a bank or other financial account statement, or a legible copy thereof;
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(iii) a certified birth certificate;
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(iv) a valid social security card;
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(v) a check issued by the state or the federal government or a legible copy thereof;
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(vi) a paycheck from the voter's employer, or a legible copy thereof;
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(vii) a currently valid Utah hunting or fishing license;
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(viii) certified naturalization documentation;
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(ix) a currently valid license issued by an authorized agency of the United States;
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(x) a certified copy of court records showing the voter's adoption or name change;
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(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
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(xii) a currently valid identification card issued by:
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(A) a local government within the state;
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(B) an employer for an employee; or
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(C) a college, university, technical school, or professional school located within
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the state; or
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(xiii) a current Utah vehicle registration.
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[(77)] (78) "Valid write-in candidate" means a candidate who has qualified as a write-in
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candidate by following the procedures and requirements of this title.
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[(78)] (79) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter,
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by:
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(a) mailing the ballot to the location designated in the mailing; or
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(b) depositing the ballot in a ballot drop box designated by the election officer.
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[(79)] (80) "Voter" means an individual who:
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(a) meets the requirements for voting in an election;
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(b) meets the requirements of election registration;
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(c) is registered to vote; and
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(d) is listed in the official register book.
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[(80)] (81) "Voter registration deadline" means the registration deadline provided in Section
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20A-2-102.5.
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[(81)] (82) "Voting area" means the area within six feet of the voting booths, voting
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machines, and ballot box.
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[(82)] (83) "Voting booth" means:
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(a) the space or compartment within a polling place that is provided for the preparation
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of ballots, including the voting enclosure or curtain; or
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(b) a voting device that is free standing.
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[(83)] (84) "Voting device" means any device provided by an election officer for a voter to
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vote a mechanical ballot.
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[(84)] (85) "Voting precinct" means the smallest geographical voting unit, established under
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Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
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[(85)] (86) "Watcher" means an individual who complies with the requirements described in
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Section 20A-3a-801 to become a watcher for an election.
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[(86)] (87) "Write-in ballot" means a ballot containing any write-in votes.
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[(87)] (88) "Write-in vote" means a vote cast for an individual, whose name is not printed on
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the ballot, in accordance with the procedures established in this title.
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Section 2. Section 20A-2-104 is amended to read:
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20A-2-104 . Voter registration form -- Registered voter lists -- Fees for copies.
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(1) As used in this section:
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(a) "Candidate for public office" means an individual:
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(i) who files a declaration of candidacy for a public office;
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(ii) who files a notice of intent to gather signatures under Section 20A-9-408; or
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(iii) employed by, under contract with, or a volunteer of, an individual described in
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Subsection (1)(a)(i) or (ii) for political campaign purposes.
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(b) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
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the federal Violence Against Women Act of 1994, as amended.
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(c) "Domestic violence" means the same as that term is defined in Section 77-36-1 and
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the federal Violence Against Women Act of 1994, as amended.
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(d) "Hash Code" means a code generated by applying an algorithm to a set of data to
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produce a code that:
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(i) uniquely represents the set of data;
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(ii) is always the same if the same algorithm is applied to the same set of data; and
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(iii) cannot be reversed to reveal the data applied to the algorithm.
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(e) "Protected individual" means an individual:
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(i) who submits a withholding request form with the individual's voter registration
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record, or to the lieutenant governor or a county clerk, if the individual indicates
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on the form that the individual, or an individual who resides with the individual, is
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a victim of domestic violence or dating violence or is likely to be a victim of
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domestic violence or dating violence;
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(ii) who submits a withholding request form with the individual's voter registration
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record, or to the lieutenant governor or a county clerk, if the individual indicates
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on the form and provides verification that the individual, or an individual who
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resides with the individual, is a law enforcement officer, a member of the armed
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forces as defined in Section 20A-1-513, a public figure, or protected by a
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protective order or protection order; or
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(iii) whose voter registration record was classified as a private record at the request of
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the individual before May 12, 2020.
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(2)(a) An individual applying for voter registration, or an individual preregistering to vote,
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shall complete a voter registration form in substantially the following form:
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------------------------------------------------------------------------------------------------------
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UTAH ELECTION REGISTRATION FORM
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Are you a citizen of the United States of America? Yes No
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If you checked "no" to the above question, do not complete this form.
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Will you be 18 years of age on or before election day? Yes No
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If you checked "no" to the above question, are you 16 or 17 years of age and
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preregistering to vote? Yes No
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If you checked "no" to both of the prior two questions, do not complete this form.
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Name of Voter
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_________________________________________________________________
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First Middle Last
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Utah Driver License or Utah Identification Card
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Number____________________________
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Date of Birth ______________________________________________________
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Street Address of Principal Place of Residence
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____________________________________________________________________
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City County State Zip Code
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Telephone Number (optional) _________________________
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Email Address (optional) _____________________________________________
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Last four digits of Social Security Number ______________________
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Last former address at which I was registered to vote (if
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known)__________________________
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_____________________________________________________________________
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City County State Zip Code
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Political Party
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(a listing of each registered political party, as defined in Section 20A-8-101 and
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maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
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by a checkbox)
418
☐Unaffiliated (no political party preference) ☐Other (Please
419
specify)___________________
420
I do swear (or affirm), subject to penalty of law for false statements, that the information
421
contained in this form is true, and that I am a citizen of the United States and a resident of the
422
state of Utah, residing at the above address. Unless I have indicated above that I am
423
preregistering to vote in a later election, I will be at least 18 years of age and will have resided
424
in Utah for 30 days immediately before the next election. I am not a convicted felon currently
425
incarcerated for commission of a felony.
426
Signed and sworn
427
__________________________________________________________
428
Voter's Signature
429
_______________(month/day/year).
PRIVACY INFORMATION
430
Voter registration records contain some information that is available to the public, such
431
as your name and address, some information that is available only to government entities, and
432
some information that is available only to certain third parties in accordance with the
433
requirements of law.
434
Your driver license number, identification card number, social security number, email
435
address, full date of birth, and phone number are available only to government entities. Your
436
year of birth is available to political parties, candidates for public office, certain third parties,
- 13 - 1st Sub. (Buff) H.B. 213 01-28 09:44
437
and their contractors, employees, and volunteers, in accordance with the requirements of law.
438
You may request that all information on your voter registration records be withheld from
439
all persons other than government entities, political parties, candidates for public office, and
440
their contractors, employees, and volunteers, by indicating here:
441
_____ Yes, I request that all information on my voter registration records be withheld
442
from all persons other than government entities, political parties, candidates for public office,
443
and their contractors, employees, and volunteers.
444
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
445
In addition to the protections provided above, you may request that identifying
446
information on your voter registration records be withheld from all political parties, candidates
447
for public office, and their contractors, employees, and volunteers, by submitting a
448
withholding request form, and any required verification, as described in the following
449
paragraphs.
450
A person may request that identifying information on the person's voter registration
451
records be withheld from all political parties, candidates for public office, and their
452
contractors, employees, and volunteers, by submitting a withholding request form with this
453
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
454
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
455
violence.
456
A person may request that identifying information on the person's voter registration
457
records be withheld from all political parties, candidates for public office, and their
458
contractors, employees, and volunteers, by submitting a withholding request form and any
459
required verification with this registration form, or to the lieutenant governor or a county clerk,
460
if the person is, or resides with a person who is, a law enforcement officer, a member of the
461
armed forces, a public figure, or protected by a protective order or a protection order.
462
CITIZENSHIP AFFIDAVIT
463
Name:
464
Name at birth, if different:
465
Place of birth:
466
Date of birth:
467
Date and place of naturalization (if applicable):
468
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
469
citizen and that to the best of my knowledge and belief the information above is true and
470
correct.
- 14 - 01-28 09:44 1st Sub. (Buff) H.B. 213
471
____________________________
472
Signature of Applicant
473
In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
474
allowing yourself to be registered or preregistered to vote if you know you are not entitled to
475
register or preregister to vote is up to one year in jail and a fine of up to $2,500.
476
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
477
VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
478
BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
479
PHOTOGRAPH; OR
480
TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME
481
AND CURRENT ADDRESS.
482
FOR OFFICIAL USE ONLY
483
Type of I.D. ____________________________
484
Voting Precinct _________________________
485
Voting I.D. Number _____________________
486
--------------------------------------------------------------------------------------------------------
487 (b) The voter registration form described in Subsection (2)(a) shall include a section with the
488
heading "BALLOT NOTIFICATIONS," followed by statements in substantially the following
489
form:
490
[-----------------------------------------------------------------------------------------------------
491
BALLOT NOTIFICATIONS]
492 (i) the following statement:
493
"If you have provided a phone number or email address, you can receive notifications by
494
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
495
deposit in the mail or in a ballot drop box, by indicating here:
496
______ Yes, I would like to receive electronic notifications regarding the status of my
497
ballot.";
498
499
[-----------------------------------------------------------------------------------------------------------]
500
(ii) before January 1, 2026, one of the following statements:
501
(A) until the online remote ballot request system described in Section 20A-3a-107
502
is available for use:
503
"If you desire to have a ballot mailed to you in the 2026 elections and
504
beyond, you must submit to your county clerk a request form that is available
- 15 - 1st Sub. (Buff) H.B. 213 01-28 09:44
505
at [insert a uniform resource locator where a voter may access a copy of the
506
form online] or that you may obtain by mail, by calling [insert phone
507
number]."; or
508
(B) beginning on the day on which the online remote ballot request system
509
described in Section 20A-3a-107 is available for use:
510
"If you desire to have a ballot mailed to you in the 2026 elections and
511
beyond, you must submit a request:
512
• using the online remote ballot request system available at [insert a uniform
513
resource locator where a voter may access the online remote ballot request
514
system described in Section 20A-3a-107]; or
515
• by submitting to your county clerk a request form that is available at [insert
516
a uniform resource locator where a voter may access a copy of the form online]
517
or that you may obtain by mail, by calling [insert phone number]."; and
518
(iii) beginning on January 1, 2026, the following statement:
519
"If you desire to have a ballot mailed to you in the upcoming elections, you
520
must submit a request:
521
• using the online remote ballot request system available at [insert a uniform
522
resource locator where a voter may access the online remote ballot request system
523
described in Section 20A-3a-107]; or
524
• by submitting to your county clerk a request form that is available at [insert a
525
uniform resource locator where a voter may access a copy of the form online] or
526
that you may obtain by mail, by calling [insert phone number].".
527
(c)(i) Except as provided under Subsection (2)(c)(ii), the county clerk shall retain a
528
copy of each voter registration form in a permanent countywide alphabetical file,
529
which may be electronic or some other recognized system.
530
(ii) The county clerk may transfer a superseded voter registration form to the
531
Division of Archives and Records Service created under Section 63A-12-101.
532
(3)(a) Each county clerk shall retain lists of currently registered voters.
533
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
534
(c) If there are any discrepancies between the two lists, the county clerk's list is the
535
official list.
536
(d) The lieutenant governor and the county clerks may charge the fees established under
537
the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy
538
of the list of registered voters.
- 16 - 01-28 09:44 1st Sub. (Buff) H.B. 213
539
(4)(a) As used in this Subsection (4), "qualified person" means:
540
(i) a government official or government employee acting in the government official's
541
or government employee's capacity as a government official or a government
542
employee;
543
(ii) a health care provider, as defined in Section 26B-8-501, or an agent, employee, or
544
independent contractor of a health care provider;
545
(iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee,
546
or independent contractor of an insurance company;
547
(iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
548
independent contractor of a financial institution;
549
(v) a political party, or an agent, employee, or independent contractor of a political
550
party;
551
(vi) a candidate for public office, or an employee, independent contractor, or
552
volunteer of a candidate for public office;
553
(vii) a person described in Subsections (4)(a)(i) through (vi) who, after obtaining a
554
year of birth from the list of registered voters:
555
(A) provides the year of birth only to a person described in Subsections (4)(a)(i)
556
through [(vii)] (vi);
557
(B) verifies that the person described in Subsection (4)(a)(vii)(A) is a person
558
described in Subsections (4)(a)(i) through [(vii)] (vi);
559
(C) ensures, using industry standard security measures, that the year of birth may
560
not be accessed by a person other than a person described in Subsections
561
(4)(a)(i) through [(vii)] (vi);
562
(D) verifies that each person described in Subsections (4)(a)(ii) through (iv) to
563
whom the person provides the year of birth will only use the year of birth to
564
verify the accuracy of personal information submitted by an individual or to
565
confirm the identity of a person in order to prevent fraud, waste, or abuse;
566
(E) verifies that each person described in Subsection (4)(a)(i) to whom the person
567
provides the year of birth will only use the year of birth in the person's capacity
568
as a government official or government employee; and
569
(F) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
570
person provides the year of birth will only use the year of birth for a political
571
purpose of the political party or candidate for public office; or
572
(viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
- 17 - 1st Sub. (Buff) H.B. 213 01-28 09:44
573
information under Subsection (4)(n) and (o):
574
(A) provides the information only to another person described in Subsection
575
(4)(a)(v) or (vi);
576
(B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a
577
person described in Subsection (4)(a)(v) or (vi);
578
(C) ensures, using industry standard security measures, that the information may
579
not be accessed by a person other than a person described in Subsection
580
(4)(a)(v) or (vi); and
581
(D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
582
person provides the information will only use the information for a political
583
purpose of the political party or candidate for public office.
584
(b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
585
Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall,
586
when providing the list of registered voters to a qualified person under this section,
587
include, with the list, the years of birth of the registered voters, if:
588
(i) the lieutenant governor or a county clerk verifies the identity of the person and
589
that the person is a qualified person; and
590
(ii) the qualified person signs a document that includes the following:
591
(A) the name, address, and telephone number of the person requesting the list of
592
registered voters;
593
(B) an indication of the type of qualified person that the person requesting the list
594
claims to be;
595
(C) a statement regarding the purpose for which the person desires to obtain the
596
years of birth;
597
(D) a list of the purposes for which the qualified person may use the year of birth
598
of a registered voter that is obtained from the list of registered voters;
599
(E) a statement that the year of birth of a registered voter that is obtained from the
600
list of registered voters may not be provided or used for a purpose other than a
601
purpose described under Subsection (4)(b)(ii)(D);
602
(F) a statement that if the person obtains the year of birth of a registered voter
603
from the list of registered voters under false pretenses, or provides or uses the
604
year of birth of a registered voter that is obtained from the list of registered
605
voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
606
and is subject to a civil fine;
- 18 - 01-28 09:44 1st Sub. (Buff) H.B. 213
607
(G) an assertion from the person that the person will not provide or use the year of
608
birth of a registered voter that is obtained from the list of registered voters in a
609
manner that is prohibited by law; and
610
(H) notice that if the person makes a false statement in the document, the person is
611
punishable by law under Section 76-8-504.
612
(c) The lieutenant governor or a county clerk:
613
(i) may not disclose the year of birth of a registered voter to a person that the
614
lieutenant governor or county clerk reasonably believes:
615
(A) is not a qualified person or a person described in Subsection (4)(l); or
616
(B) will provide or use the year of birth in a manner prohibited by law; and
617
(ii) may not disclose information under Subsections (4)(n) or (o) to a person that the
618
lieutenant governor or county clerk reasonably believes:
619
(A) is not a person described in Subsection (4)(a)(v) or (vi); or
620
(B) will provide or use the information in a manner prohibited by law.
621
(d) The lieutenant governor or a county clerk may not disclose the voter registration
622
form of a person, or information included in the person's voter registration form,
623
whose voter registration form is classified as private under Subsection (4)(h) to a
624
person other than:
625
(i) a government official or government employee acting in the government official's
626
or government employee's capacity as a government official or government
627
employee; or
628
(ii) subject to Subsection (4)(e), a person described in Subsection (4)(a)(v) or (vi) for
629
a political purpose.
630
(e)(i) Except as provided in Subsection (4)(e)(ii), when disclosing a record or
631
information under Subsection (4)(d)(ii), the lieutenant governor or county clerk
632
shall exclude the information described in Subsection 63G-2-302(1)(j), other than
633
the year of birth.
634
(ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
635
voter registration record of a protected individual, the lieutenant governor or
636
county clerk shall comply with Subsections (4)(n) through (p).
637
(f) The lieutenant governor or a county clerk may not disclose a withholding request
638
form, described in Subsections (7) and (8), submitted by an individual, or information
639
obtained from that form, to a person other than a government official or government
640
employee acting in the government official's or government employee's capacity as a
- 19 - 1st Sub. (Buff) H.B. 213 01-28 09:44
641
government official or government employee.
642
(g) A person is guilty of a class A misdemeanor if the person:
643
(i) obtains from the list of registered voters, under false pretenses, the year of birth of
644
a registered voter or information described in Subsection (4)(n) or (o);
645
(ii) uses or provides the year of birth of a registered voter, or information described in
646
Subsection (4)(n) or (o), that is obtained from the list of registered voters in a
647
manner that is not permitted by law;
648
(iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k)
649
under false pretenses;
650
(iv) uses or provides information obtained from a voter registration record described
651
in Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
652
(v) unlawfully discloses or obtains a voter registration record withheld under
653
Subsection (7) or a withholding request form described in Subsections (7) and (8);
654
or
655
(vi) unlawfully discloses or obtains information from a voter registration record
656
withheld under Subsection (7) or a withholding request form described in
657
Subsections (7) and (8).
658
(h) The lieutenant governor or a county clerk shall classify the voter registration record
659
of a voter as a private record if the voter:
660
(i) submits a written application, created by the lieutenant governor, requesting that
661
the voter's voter registration record be classified as private;
662
(ii) requests on the voter's voter registration form that the voter's voter registration
663
record be classified as a private record; or
664
(iii) submits a withholding request form described in Subsection (7) and any required
665
verification.
666
(i) Except as provided in Subsections (4)(d)(ii) and (e)(ii), the lieutenant governor or a
667
county clerk may not disclose to a person described in Subsection (4)(a)(v) or (vi) a
668
voter registration record, or information obtained from a voter registration record, if
669
the record is withheld under Subsection (7).
670
(j) In addition to any criminal penalty that may be imposed under this section, the
671
lieutenant governor may impose a civil fine against a person who violates a provision
672
of this section, in an amount equal to the greater of:
673
(i) the product of 30 and the square root of the total number of:
674
(A) records obtained, provided, or used unlawfully, rounded to the nearest whole
- 20 - 01-28 09:44 1st Sub. (Buff) H.B. 213
675
dollar; or
676
(B) records from which information is obtained, provided, or used unlawfully,
677
rounded to the nearest whole dollar; or
678
(ii) $200.
679
(k) A qualified person may not obtain, provide, or use the year of birth of a registered
680
voter, if the year of birth is obtained from the list of registered voters or from a voter
681
registration record, unless the person:
682
(i) is a government official or government employee who obtains, provides, or uses
683
the year of birth in the government official's or government employee's capacity
684
as a government official or government employee;
685
(ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
686
uses the year of birth only to verify the accuracy of personal information
687
submitted by an individual or to confirm the identity of a person in order to
688
prevent fraud, waste, or abuse;
689
(iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
690
provides, or uses the year of birth for a political purpose of the political party or
691
candidate for public office; or
692
(iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
693
uses the year of birth to provide the year of birth to another qualified person to
694
verify the accuracy of personal information submitted by an individual or to
695
confirm the identity of a person in order to prevent fraud, waste, or abuse.
696
(l) The lieutenant governor or a county clerk may provide a year of birth to a member of
697
the media, in relation to an individual designated by the member of the media, in
698
order for the member of the media to verify the identity of the individual.
699
(m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
700
information from a voter registration record for a purpose other than a political
701
purpose.
702
(n) Notwithstanding Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a
703
county clerk shall, when providing the list of registered voters to a qualified person
704
described in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose
705
record is withheld under Subsection (7), the information described in Subsection
706
(4)(o), if:
707
(i) the lieutenant governor or a county clerk verifies the identity of the person and
708
that the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
- 21 - 1st Sub. (Buff) H.B. 213 01-28 09:44
709
(ii) the qualified person described in Subsection (4)(a)(v) or (vi) signs a document
710
that includes the following:
711
(A) the name, address, and telephone number of the person requesting the list of
712
registered voters;
713
(B) an indication of the type of qualified person that the person requesting the list
714
claims to be;
715
(C) a statement regarding the purpose for which the person desires to obtain the
716
information;
717
(D) a list of the purposes for which the qualified person may use the information;
718
(E) a statement that the information may not be provided or used for a purpose
719
other than a purpose described under Subsection (4)(n)(ii)(D);
720
(F) a statement that if the person obtains the information under false pretenses, or
721
provides or uses the information in a manner that is prohibited by law, the
722
person is guilty of a class A misdemeanor and is subject to a civil fine;
723
(G) an assertion from the person that the person will not provide or use the
724
information in a manner that is prohibited by law; and
725
(H) notice that if the person makes a false statement in the document, the person is
726
punishable by law under Section 76-8-504.
727
(o) Except as provided in Subsection (4)(p), the information that the lieutenant governor
728
or a county clerk is required to provide, under Subsection (4)(n), from the record of a
729
protected individual is:
730
(i) a single hash code, generated from a string of data that includes both the voter's
731
voter identification number and residential address;
732
(ii) the voter's residential address;
733
(iii) the voter's mailing address, if different from the voter's residential address;
734
(iv) the party affiliation of the voter;
735
(v) the precinct number for the voter's residential address;
736
(vi) the voter's voting history; and
737
(vii) a designation of which age group, of the following age groups, the voter falls
738
within:
739
(A) 25 or younger;
740
(B) 26 through 35;
741
(C) 36 through 45;
742
(D) 46 through 55;
- 22 - 01-28 09:44 1st Sub. (Buff) H.B. 213
743
(E) 56 through 65;
744
(F) 66 through 75; or
745
(G) 76 or older.
746
(p) The lieutenant governor or a county clerk may not disclose:
747
(i) information described in Subsection (4)(o) that, due to a small number of voters
748
affiliated with a particular political party, or due to another reason, would likely
749
reveal the identity of a voter if disclosed; or
750
(ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
751
county clerk determines that the nature of the address would directly reveal
752
sensitive information about the voter.
753
(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain, provide,
754
or use the information described in Subsection (4)(n) or (o), except to the extent that
755
the qualified person uses the information for a political purpose of a political party or
756
candidate for public office.
757
(5) When political parties not listed on the voter registration form qualify as registered
758
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures,
759
the lieutenant governor shall inform the county clerks of the name of the new political
760
party and direct the county clerks to ensure that the voter registration form is modified to
761
include that political party.
762
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
763
clerk's designee shall:
764
(a) review each voter registration form for completeness and accuracy; and
765
(b) if the county clerk believes, based upon a review of the form, that an individual may
766
be seeking to register or preregister to vote who is not legally entitled to register or
767
preregister to vote, refer the form to the county attorney for investigation and
768
possible prosecution.
769
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
770
person described in Subsection (4)(a)(i), the voter registration record, and information
771
obtained from the voter registration record, of a protected individual.
772
(8)(a) The lieutenant governor shall design and distribute the withholding request form
773
described in Subsection (7) to each election officer and to each agency that provides
774
a voter registration form.
775
(b) An individual described in Subsection (1)(e)(i) is not required to provide
776
verification, other than the individual's attestation and signature on the withholding
- 23 - 1st Sub. (Buff) H.B. 213 01-28 09:44
777
request form, that the individual, or an individual who resides with the individual, is a
778
victim of domestic violence or dating violence or is likely to be a victim of domestic
779
violence or dating violence.
780
(c) The director of elections within the Office of the Lieutenant Governor shall make
781
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
782
establishing requirements for providing the verification described in Subsection
783
(1)(e)(ii).
784
(9) An election officer or an employee of an election officer may not encourage an
785
individual to submit, or discourage an individual from submitting, a withholding request
786
form.
787
(10)(a) The lieutenant governor shall make and execute a plan to provide notice to
788
registered voters who are protected individuals, that includes the following
789
information:
790
(i) that the voter's classification of the record as private remains in effect;
791
(ii) that certain non-identifying information from the voter's voter registration record
792
may, under certain circumstances, be released to political parties and candidates
793
for public office;
794
(iii) that the voter's name, driver license or identification card number, social security
795
number, email address, phone number, and the voter's day, month, and year of
796
birth will remain private and will not be released to political parties or candidates
797
for public office;
798
(iv) that a county clerk will only release the information to political parties and
799
candidates in a manner that does not associate the information with a particular
800
voter; and
801
(v) that a county clerk may, under certain circumstances, withhold other information
802
that the county clerk determines would reveal identifying information about the
803
voter.
804
(b) The lieutenant governor may include in the notice described in this Subsection (10) a
805
statement that a voter may obtain additional information on the lieutenant governor's
806
website.
807
(c) The plan described in Subsection (10)(a) may include providing the notice described
808
in Subsection (10)(a) by:
809
(i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
810
(ii) publication on the lieutenant governor's website or a county's website;
- 24 - 01-28 09:44 1st Sub. (Buff) H.B. 213
811
(iii) posting the notice in public locations;
812
(iv) publication in a newspaper;
813
(v) sending notification to the voters by electronic means;
814
(vi) sending notice by other methods used by government entities to communicate
815
with citizens; or
816
(vii) providing notice by any other method.
817
(d) The lieutenant governor shall provide the notice included in a plan described in this
818
Subsection (10) before June 16, 2023.
819
Section 3. Section 20A-2-108 is amended to read:
820
20A-2-108 . Driver license or state identification card registration form --
821
Transmittal of information.
822
(1) As used in this section, "qualifying form" means:
823
(a) a driver license application form; or
824
(b) a state identification card application form.
825
(2) The lieutenant governor and the Driver License Division shall design each qualifying
826
form to include:
827
(a) the following question, which an applicant is required to answer: "Do you authorize
828
the use of information in this form for voter registration purposes? YES____
829
NO____";
830 (b) the following statement:
831
"PRIVACY INFORMATION
832
Voter registration records contain some information that is available to the public, such
833
as your name and address, some information that is available only to government entities, and
834
some information that is available only to certain third parties in accordance with the
835
requirements of law.
836
Your driver license number, identification card number, social security number, email
837
address, full date of birth, and phone number are available only to government entities. Your
838
year of birth is available to political parties, candidates for public office, certain third parties,
839
and their contractors, employees, and volunteers, in accordance with the requirements of law.
840
You may request that all information on your voter registration records be withheld from
841
all persons other than government entities, political parties, candidates for public office, and
842
their contractors, employees, and volunteers, by indicating here:
843
_____ Yes, I request that all information on my voter registration records be withheld
844
from all persons other than government entities, political parties, candidates for public office,
- 25 - 1st Sub. (Buff) H.B. 213 01-28 09:44
845
and their contractors, employees, and volunteers.
846
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
847
In addition to the protections provided above, you may request that identifying
848
information on your voter registration records be withheld from all political parties, candidates
849
for public office, and their contractors, employees, and volunteers, by submitting a
850
withholding request form, and any required verification, as described in the following
851
paragraphs.
852
A person may request that identifying information on the person's voter registration
853
records be withheld from all political parties, candidates for public office, and their
854
contractors, employees, and volunteers, by submitting a withholding request form with this
855
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
856
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
857
violence.
858
A person may request that identifying information on the person's voter registration
859
records be withheld from all political parties, candidates for public office, and their
860
contractors, employees, and volunteers, by submitting a withholding request form and any
861
required verification with this registration form, or to the lieutenant governor or a county clerk,
862
if the person is, or resides with a person who is, a law enforcement officer, a member of the
863
armed forces, a public figure, or protected by a protective order or a protection order."; and
864 (c) a section with the heading "BALLOT NOTIFICATIONS," followed by statements in
865
substantially the following form:
866
[------------------------------------------------------------------------------------------------------
867
BALLOT NOTIFICATIONS]
868 (i) the following statement:
869
"If you have provided a phone number or email address, you can receive notifications by
870
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
871
deposit in the mail or in a ballot drop box, by indicating here:
872
______ Yes, I would like to receive electronic notifications regarding the status of my
873
ballot.";
874
[
875
---------------------------------------------------------------------------------------------------------------]
876
(ii) before January 1, 2026, one of the following statements:
877
(A) until the online remote ballot request system described in Section 20A-3a-107
878
is available for use:
- 26 - 01-28 09:44 1st Sub. (Buff) H.B. 213
879
"If you desire to have a ballot mailed to you in the 2026 elections and
880
beyond, you must submit to your county clerk a request form that is available
881
at [insert a uniform resource locator where a voter may access a copy of the
882
form online] or that you may obtain by mail, by calling [insert phone
883
number]."; or
884
(B) beginning on the day on which the online remote ballot request system
885
described in Section 20A-3a-107 is available for use:
886
"If you desire to have a ballot mailed to you in the 2026 elections and
887
beyond, you must submit a request:
888
• using the online remote ballot request system available at [insert a uniform
889
resource locator where a voter may access the online remote ballot request
890
system described in Section 20A-3a-107]; or
891
• by submitting to your county clerk a request form that is available at [insert
892
a uniform resource locator where a voter may access a copy of the form online]
893
or that you may obtain by mail, by calling [insert phone number]."; and
894
(iii) beginning on January 1, 2026, the following statement:
895
"If you desire to have a ballot mailed to you in the upcoming elections, you
896
must submit a request:
897
• using the online remote ballot request system available at [insert a uniform
898
resource locator where a voter may access the online remote ballot request system
899
described in Section 20A-3a-107]; or
900
• by submitting to your county clerk a request form that is available at [insert a
901
uniform resource locator where a voter may access a copy of the form online] or
902
that you may obtain by mail, by calling [insert phone number].".
903
(3) The lieutenant governor and the Driver License Division shall ensure that a qualifying
904
form contains:
905
(a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
906
Utah residency, and that the information provided in the form is true;
907
(b) a records disclosure that is similar to the records disclosure on a voter registration
908
form described in Section 20A-2-104;
909
(c) a statement that if an applicant declines to register or preregister to vote, the fact that
910
the applicant has declined to register or preregister will remain confidential and will
911
be used only for voter registration purposes;
912
(d) a statement that if an applicant does register or preregister to vote, the office at which
- 27 - 1st Sub. (Buff) H.B. 213 01-28 09:44
913
the applicant submits a voter registration application will remain confidential and will
914
be used only for voter registration purposes; and
915
(e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
916
where an individual may, if desired:
917
(i) indicate the individual's desired political affiliation from a listing of each
918
registered political party, as defined in Section 20A-8-101;
919
(ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
920
individual desires to affiliate; or
921
(iii) indicate that the individual does not wish to affiliate with a political party.
922
Section 4. Section 20A-2-206 is amended to read:
923
20A-2-206 . Electronic registration.
924
(1) The lieutenant governor shall create and maintain an electronic system that is publicly
925
available on the Internet for an individual to apply for voter registration or
926
preregistration.
927
(2) An electronic system for voter registration or preregistration shall require:
928
(a) that an applicant have a valid driver license or identification card, issued under Title
929
53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current
930
principal place of residence;
931
(b) that the applicant provide the information required by Section 20A-2-104, except
932
that the applicant's signature may be obtained in the manner described in Subsections
933
(2)(d) and (5);
934
(c) that the applicant attest to the truth of the information provided; and
935
(d) that the applicant authorize the lieutenant governor's and county clerk's use of the
936
applicant's:
937
(i) driver license or identification card signature, obtained under Title 53, Chapter 3,
938
Uniform Driver License Act, for voter registration purposes; or
939
(ii) signature on file in the lieutenant governor's statewide voter registration database
940
developed under Section 20A-2-502.
941
(3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for voter
942
registration or preregistration created under this section is not required to complete a
943
printed registration form.
944
(4) A system created and maintained under this section shall provide the notices concerning
945
a voter's presentation of identification contained in Subsection [20A-2-104(1)]
946
20A-2-104(2).
- 28 - 01-28 09:44 1st Sub. (Buff) H.B. 213
947
(5) The lieutenant governor shall:
948
(a) obtain a digital copy of the applicant's driver license or identification card signature
949
from the Driver License Division; or
950
(b) ensure that the applicant's signature is already on file in the lieutenant governor's
951
statewide voter registration database developed under Section 20A-2-502.
952
(6) The lieutenant governor shall send the information to the county clerk for the county in
953
which the applicant's principal place of residence is found for further action as required
954
by Section 20A-2-304 after:
955
(a) receiving all information from an applicant; and
956
(b)(i) receiving all information from the Driver License Division; or
957
(ii) ensuring that the applicant's signature is already on file in the lieutenant
958
governor's statewide voter registration database developed under Section
959
20A-2-502.
960
(7) The lieutenant governor may use additional security measures to ensure the accuracy
961
and integrity of an electronically submitted voter registration.
962
(8) If an individual applies to register under this section no later than 11 calendar days
963
before the date of an election, the county clerk shall:
964
(a) accept and process the voter registration form;
965
(b) unless the individual named in the form is preregistering to vote:
966
(i) enter the applicant's name on the list of registered voters for the voting precinct in
967
which the applicant resides; and
968
(ii) notify the individual that the individual is registered to vote in the upcoming
969
election; and
970
(c) if the individual named in the form is preregistering to vote, comply with Section
971
20A-2-101.1.
972
(9) If an individual applies to register under this section after the deadline described in
973
Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
974
(a) accept the application for registration; and
975
(b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
976
individual that the individual will not be registered to vote in the pending election,
977
unless the individual registers to vote by provisional ballot during the early voting
978
period, if applicable, or on election day, in accordance with Section 20A-2-207.
979
(10) The lieutenant governor shall provide a means by which a registered voter shall sign
980
the application form.
- 29 - 1st Sub. (Buff) H.B. 213 01-28 09:44
981
Section 5. Section 20A-2-207 is amended to read:
982
20A-2-207 . Registration by provisional ballot.
983
(1) Except as provided in Subsection (6), an individual who is not registered to vote may
984
register to vote, and vote, on election day or during the early voting period described in
985
Section 20A-3a-601, by voting a provisional ballot, if:
986
(a) the individual is otherwise legally entitled to vote the ballot;
987
(b) the ballot is identical to the ballot for the precinct in which the individual resides;
988
(c) the information on the provisional ballot form is complete; and
989
(d) the individual provides valid voter identification and proof of residence to the poll
990
worker.
991
(2) If a provisional ballot and the individual who voted the ballot comply with the
992
requirements described in Subsection (1), the election officer shall:
993
(a) consider the provisional ballot a voter registration form;
994
(b) place the ballot with the other ballots, to be counted with those ballots at the canvass;
995
and
996
(c) as soon as reasonably possible, register the individual to vote.
997
(3) Except as provided in Subsection (4), the election officer shall retain a provisional ballot
998
form, uncounted, for the period specified in Section 20A-4-202, if the election officer
999
determines that the individual who voted the ballot:
1000
(a) is not registered to vote and is not eligible for registration under this section; or
1001
(b) is not legally entitled to vote the ballot that the individual voted.
1002
(4) Subsection (3) does not apply if a court orders the election officer to produce or count
1003
the provisional ballot.
1004
(5) The lieutenant governor shall report to the Government Operations Interim Committee
1005
on or before October 31, 2020, regarding:
1006
(a) implementation of registration by provisional ballot, as described in this section, on a
1007
statewide basis;
1008
(b) any difficulties resulting from the implementation described in Subsection (5)(a);
1009
(c) the effect of registration by provisional ballot on voter participation in Utah;
1010
(d) the number of ballots cast by voters who registered by provisional ballot:
1011
(i) during the early voting period described in Section 20A-3a-601; and
1012
(ii) on election day; and
1013
(e) suggested changes in the law relating to registration by provisional ballot.
1014
(6)(a) For an election administered by an election officer other than a county clerk[:] ,
- 30 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1015
[(a)] if the election officer does not operate a polling place to allow early voting, the
1016
individual may not register to vote, under this section, during an early voting period[;
1017
and] .
1018
(b) [if the election officer does not operate a polling place on election day,] For an
1019
election conducted entirely by mail under Section 20A-7-609.5:
1020
(i) there is not an early voting period during which the individual may register to vote
1021
under this section; and
1022
(ii) [ ]the individual may not register to vote, under this section, on election day.
1023
Section 6. Section 20A-2-505 is amended to read:
1024
20A-2-505 . Removing names from the official register -- Determining and
1025
confirming change of residence.
1026
(1) A county clerk may not remove a voter's name from the official register on the grounds
1027
that the voter has changed residence unless the voter:
1028
(a) confirms in writing that the voter has changed residence to a place outside the
1029
county; or
1030
(b)(i) does not vote in an election during the period beginning on the date of the
1031
notice described in Subsection (3), and ending on the day after the date of the
1032
second regular general election occurring after the date of the notice; and
1033
(ii) does not respond to the notice described in Subsection (3).
1034
(2)(a) Within 31 days after the day on which a county clerk obtains information that a
1035
voter's address has changed, if it appears that the voter still resides within the same
1036
county, the county clerk shall:
1037
(i) change the official register to show the voter's new address; and
1038
(ii) send to the voter, by forwardable mail, the notice described in Subsection (3).
1039
(b) When a county clerk obtains information that a voter's address has changed and it
1040
appears that the voter now resides in a different county, the county clerk shall verify
1041
the changed residence by sending to the voter, by forwardable mail, the notice
1042
described in Subsection (3), printed on a postage prepaid, preaddressed return form.
1043
(3)(a) Each county clerk shall use substantially the following form to notify voters whose
1044
addresses have changed:
1045
"VOTER REGISTRATION NOTICE
1046
We have been notified that your residence has changed. Please read, complete, and
1047
return this form so that we can update our voter registration records. What is your current
1048
street address?
- 31 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1049
_________________________________________________________________________
1050
Street City County State Zip
1051
What is your current phone number (optional)?________________________________
1052
What is your current email address (optional)?_________________________________
1053
If you have not changed your residence, or have moved but stayed within the same
1054
county, you must complete and return this form to the county clerk so that it is received by the
1055
county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to
1056
return this form within that time:
1057
- you may be required to show evidence of your address to the poll worker before being
1058
allowed to vote in either of the next two regular general elections; or
1059
- if you fail to vote at least once, from the date this notice was mailed until the passing of
1060
two regular general elections, you will no longer be registered to vote. If you have changed
1061
your residence and have moved to a different county in Utah, you may register to vote by
1062
contacting the county clerk in your county.
1063
________________________________________
1064
Signature of Voter
1065
PRIVACY INFORMATION
1066
Voter registration records contain some information that is available to the public, such
1067
as your name and address, some information that is available only to government entities, and
1068
some information that is available only to certain third parties in accordance with the
1069
requirements of law.
1070
Your driver license number, identification card number, social security number, email
1071
address, full date of birth, and phone number are available only to government entities. Your
1072
year of birth is available to political parties, candidates for public office, certain third parties,
1073
and their contractors, employees, and volunteers, in accordance with the requirements of law.
1074
You may request that all information on your voter registration records be withheld from
1075
all persons other than government entities, political parties, candidates for public office, and
1076
their contractors, employees, and volunteers, by indicating here:
1077
_____ Yes, I request that all information on my voter registration records be withheld
1078
from all persons other than government entities, political parties, candidates for public office,
1079
and their contractors, employees, and volunteers.
1080
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
1081
In addition to the protections provided above, you may request that identifying
1082
information on your voter registration records be withheld from all political parties, candidates
- 32 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1083
for public office, and their contractors, employees, and volunteers, by submitting a
1084
withholding request form, and any required verification, as described in the following
1085
paragraphs.
1086
A person may request that identifying information on the person's voter registration
1087
records be withheld from all political parties, candidates for public office, and their
1088
contractors, employees, and volunteers, by submitting a withholding request form with this
1089
registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
1090
to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
1091
violence.
1092
A person may request that identifying information on the person's voter registration
1093
records be withheld from all political parties, candidates for public office, and their
1094
contractors, employees, and volunteers, by submitting a withholding request form and any
1095
required verification with this registration form, or to the lieutenant governor or a county clerk,
1096
if the person is, or resides with a person who is, a law enforcement officer, a member of the
1097
armed forces, a public figure, or protected by a protective order or a protection order."
1098 (b) The form described in Subsection (3)(a) shall also include a section with the heading
1099
"BALLOT NOTIFICATIONS," followed by statements in substantially the following form:
1100
[-----------------------------------------------------------------------------------------------------
1101
BALLOT NOTIFICATIONS]
1102 (i) the following statement:
1103
"If you have provided a phone number or email address, you can receive notifications by
1104
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
1105
deposit in the mail or in a ballot drop box, by indicating here:
1106
______ Yes, I would like to receive electronic notifications regarding the status of my
1107
ballot.";
1108
[--------------------------------------------------------------------------------------------------------]
1109
(ii) before January 1, 2026, one of the following statements:
1110
(A) until the online remote ballot request system described in Section 20A-3a-107
1111
is available for use:
1112
"If you desire to have a ballot mailed to you in the 2026 elections and
1113
beyond, you must submit to your county clerk a request form that is available
1114
at [insert a uniform resource locator where a voter may access a copy of the
1115
form online] or that you may obtain by mail, by calling [insert phone
1116
number]."; or
- 33 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1117
(B) beginning on the day on which the online remote ballot request system
1118
described in Section 20A-3a-107 is available for use:
1119
"If you desire to have a ballot mailed to you in the 2026 elections and
1120
beyond, you must submit a request:
1121
• using the online remote ballot request system available at [insert a uniform
1122
resource locator where a voter may access the online remote ballot request
1123
system described in Section 20A-3a-107]; or
1124
• by submitting to your county clerk a request form that is available at [insert
1125
a uniform resource locator where a voter may access a copy of the form online]
1126
or that you may obtain by mail, by calling [insert phone number]."; and
1127
(iii) beginning on January 1, 2026, the following statement:
1128
"If you desire to have a ballot mailed to you in the upcoming elections, you
1129
must submit a request:
1130
• using the online remote ballot request system available at [insert a uniform
1131
resource locator where a voter may access the online remote ballot request system
1132
described in Section 20A-3a-107]; or
1133
• by submitting to your county clerk a request form that is available at [insert a
1134
uniform resource locator where a voter may access a copy of the form online] or
1135
that you may obtain by mail, by calling [insert phone number].".
1136
(4)(a) Except as provided in Subsection (4)(b), the county clerk may not remove the
1137
names of any voters from the official register during the 90 days before a regular
1138
primary election or the 90 days before a regular general election.
1139
(b) The county clerk may remove the names of voters from the official register during
1140
the 90 days before a regular primary election or the 90 days before a regular general
1141
election if:
1142
(i) the voter requests, in writing, that the voter's name be removed; or
1143
(ii) the voter dies.
1144
(c)(i) After a county clerk mails a notice under this section, the county clerk shall,
1145
unless otherwise prohibited by law, list that voter as inactive.
1146
(ii) If a county clerk receives a returned voter identification card, determines that
1147
there was no clerical error causing the card to be returned, and has no further
1148
information to contact the voter, the county clerk shall, unless otherwise
1149
prohibited by law, list that voter as inactive.
1150
(iii) An inactive voter may vote, sign petitions, and have all other privileges of a
- 34 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1151
registered voter.
1152
(iv) A county is not required to:
1153
(A) send routine mailings to an inactive voter; or
1154
(B) count inactive voters when dividing precincts and preparing supplies.
1155
(5) The lieutenant governor shall make available to a county clerk United States Social
1156
Security Administration data received by the lieutenant governor regarding deceased
1157
individuals.
1158
(6) A county clerk shall, within ten business days after the day on which the county clerk
1159
receives the information described in Subsection (5) or Subsections 26B-8-114(11) and
1160
(12) relating to a decedent whose name appears on the official register, remove the
1161
decedent's name from the official register.
1162
(7) Ninety days before each primary and general election the lieutenant governor shall
1163
compare the information the lieutenant governor has received under Subsection
1164
26B-8-114(11) with the official register of voters to ensure that all deceased voters have
1165
been removed from the official register.
1166
Section 7. Section 20A-3a-106 is amended to read:
1167
20A-3a-106 . Rulemaking authority relating to conducting an election.
1168
The director of elections, within the Office of the Lieutenant Governor, may make rules,
1169
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, establishing
1170
requirements for:
1171
(1) a return envelope described in Subsection [20A-3a-202(4)] 20A-3a-202(6), to ensure
1172
uniformity and security of the envelopes;
1173
(2) complying with the signature comparison audit requirements described in Section
1174
20A-3a-402.5; or
1175
(3) conducting and documenting the identity verification process described in Subsection
1176
20A-3a-401(7)(b).
1177
Section 8. Section 20A-3a-107 is enacted to read:
1178
20A-3a-107 . Online remote ballot request system.
1179
(1) As used in this section, "ballot request system" means the online remote ballot request
1180
system described in Subsection (2).
1181
(2) Beginning no later than January 1, 2026, the lieutenant governor shall establish and
1182
operate an online remote ballot request system for a voter to request to:
1183
(a) receive a ballot by mail in upcoming elections; or
1184
(b) stop receiving a ballot by mail in upcoming elections.
- 35 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1185
(3) The ballot request system:
1186
(a) may be part of, or separate from, the electronic voter registration system described in
1187
Section 20A-2-206;
1188
(b) shall provide the ability for a voter to securely request a remote ballot in upcoming
1189
elections;
1190
(c) shall provide the ability for a voter to securely request to stop receiving a remote
1191
ballot in upcoming elections;
1192
(d) shall provide the following notice to a voter requesting to receive a ballot by mail or
1193
to stop receiving a ballot by mail:
1194
"NOTICE
1195
If your request to receive a ballot by mail in the upcoming elections, or to stop
1196
receiving a ballot by mail in the upcoming elections, is made within 60 days before
1197
the day of the next election, you may be required to wait until the following election
1198
before your request takes effect.
1199
If you fail to vote in a regular general election, you will no longer receive a ballot
1200
by mail in the upcoming elections, unless you make a new request to receive a ballot
1201
by mail in the upcoming elections."; and
1202
(e) shall allow a voter to enter an alternate address at which to receive a ballot by mail.
1203
Section 9. Section 20A-3a-202 is amended to read:
1204
20A-3a-202 . Conducting election in person and by mail.
1205
(1) As used in this section:
1206
(a) "Covered voter" means the same as that term is defined in Section 20A-16-102.
1207
(b) "Remote voter" means:
1208
(i) a voter designated as a remote voter in accordance with Subsection (2)(c) or
1209
(3)(c); or
1210
(ii) a covered voter.
1211
(c) "Request for a remote ballot" means:
1212
(i) submitting a request described in Subsection (11)(a) or (b); or
1213
(ii) as soon as the online remote ballot request system described in Section
1214
20A-3a-107 is available for use, submitting a request described in Subsection
1215
20A-3a-107(3)(b).
1216
(d) "Request to stop receiving a remote ballot" means a request described in Subsection
1217
(11)(c) or 20A-3a-107(3)(c).
1218
[(1)] (2) Before January 1, 2026:
- 36 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1219
(a) [Except] except as otherwise provided for an election conducted entirely by mail
1220
under Section 20A-7-609.5, an election officer shall administer an election primarily
1221
by mail[, in accordance with this section.] ;
1222
(b) [An] an individual who did not provide valid voter identification at the time the voter
1223
registered to vote shall provide valid voter identification before voting[.] ;
1224
(c) an election officer shall designate a voter as a remote voter if the voter makes a
1225
request for a remote ballot;
1226
(d) an election officer shall remove the designation of a voter as a remote voter if, after
1227
the election officer designates the voter as a remote voter under Subsection (2)(c), the
1228
voter submits a request to stop receiving a remote ballot; and
1229
[(2)] (e) [An] an election officer who administers an election:
1230
[(a)] (i) shall in accordance with Subsection [(3)] (5), no sooner than 21 days before
1231
election day and no later than seven days before election day, mail to each active
1232
voter within a voting precinct:
1233
[(i)] (A) a manual ballot;
1234
[(ii)] (B) a return envelope;
1235
[(iii)] (C) instructions for returning the ballot that include[ an express notice about
1236
any relevant deadlines that the voter must meet in order for the voter's vote to
1237
be counted;] the following statement:
1238
"You must comply with the following deadlines for your ballot to be
1239
counted:
1240
•If you return your ballot by mail, your ballot must be received in the office
1241
of the election officer before 8 p.m. on [insert day of election].
1242
•If you return your ballot by placing it in a ballot drop box, or in a ballot box
1243
at a polling place, you must place your ballot in the ballot drop box or ballot
1244
box before 8 p.m. on [insert day of election] (if there is a line at 8 p.m., those in
1245
line at that time will be permitted to place their ballot in the ballot drop box or
1246
ballot box).
1247
* Note: Certain exceptions apply to a covered voter under Title 20A,
1248
Chapter 16, Uniform Military and Overseas Voters Act.";
1249
[(iv)] (D) for an election administered by a county clerk, information regarding the
1250
location and hours of operation of any election day voting center at which the
1251
voter may vote or a website address where the voter may view this information;
1252
[(v)] (E) for an election administered by an election officer other than a county
- 37 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1253
clerk, if the election officer does not operate a polling place or an election day
1254
voting center, a warning, on a separate page of colored paper in bold face print,
1255
indicating that if the voter fails to follow the instructions included with the
1256
ballot, the voter will be unable to vote in that election because there will be no
1257
polling place for the voting precinct on the day of the election; and
1258
[(vi)] (F) instructions on how a voter may sign up to receive electronic ballot status
1259
notifications via the ballot tracking system described in Section 20A-3a-401.5;
1260
[(b)] (ii) may not mail a ballot [under this section ]to:
1261
[(i)] (A) an inactive voter, unless the inactive voter requests a manual ballot; or
1262
[(ii)] (B) a voter [whom the election officer is prohibited from sending a ballot
1263
under Subsection (9)(c)(ii)] who timely submits a request to stop receiving a
1264
remote ballot;
1265
[(c)] (iii) shall, on the outside of the envelope in which the election officer mails the
1266
ballot, include instructions for returning the ballot if the individual to whom the
1267
election officer mails the ballot does not live at the address to which the ballot is
1268
sent;
1269
[(d)] (iv) shall provide a method of accessible voting to a voter with a disability who
1270
is not able to vote by mail; and
1271
[(e)] (v) shall include, on the election officer's website and with each ballot mailed,
1272
instructions regarding how a voter described in Subsection [(2)(d)] (2)(e)(iv) may
1273
vote.
1274
(3) Beginning on January 1, 2026:
1275
(a) except as otherwise provided for an election conducted entirely by mail under
1276
Section 20A-7-609.5, an election officer shall administer an election in person and by
1277
mail;
1278
(b) an individual who did not provide valid voter identification at the time the voter
1279
registered to vote shall provide valid voter identification before voting;
1280
(c) an election officer shall designate a voter as a remote voter if the voter makes a
1281
request for a remote ballot;
1282
(d) an election officer shall remove the designation of a voter as a remote voter if, after
1283
the election officer designates the voter as a remote voter under Subsection (2)(c) or
1284
(3)(c), the voter:
1285
(i) submits a request to stop receiving a remote ballot; or
1286
(ii) except as provided in Subsection (4), fails to vote in a regular general election;
- 38 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1287
(e) an election officer is not required to comply with a request for a remote ballot or a
1288
request to stop receiving a remote ballot for an election held within 60 days after the
1289
day on which the election officer receives the request, but shall comply with the
1290
request for the next election held 61 or more days after the day on which the election
1291
officer receives the request;
1292
(f) an election officer who administers an election:
1293
(i) shall in accordance with Subsection (5), no sooner than 21 days before election
1294
day and no later than seven days before election day, mail to each voter within a
1295
voting precinct who, on the day that is 60 days before the day of the election, is a
1296
remote voter:
1297
(A) a manual ballot;
1298
(B) a return envelope;
1299
(C) instructions for returning the ballot that include the following statement:
1300
"You must comply with the following deadlines for your ballot to be
1301
counted:
1302
•If you return your ballot by mail, your ballot must be received in the office
1303
of the election officer before 8 p.m. on [insert day of election].
1304
•If you return your ballot by placing it in a ballot drop box, or in a ballot box
1305
at a polling place, you must place your ballot in the ballot drop box or ballot
1306
box before 8 p.m. on [insert day of election] (if there is a line at 8 p.m., those in
1307
line at that time will be permitted to place their ballot in the ballot drop box or
1308
ballot box).
1309
* Note: Certain exceptions apply to a covered voter under Title 20A,
1310
Chapter 16, Uniform Military and Overseas Voters Act.";
1311
(D) except as provided in Subsection (3)(f)(i)(E), information regarding the
1312
location and hours of operation of each election day voting center at which the
1313
voter may vote or a website address where the voter may view this information;
1314
(E) for an election conducted entirely by mail under Section 20A-7-609.5, a
1315
warning, on a separate page of colored paper in bold face print, indicating that
1316
if the voter fails to follow the instructions included with the ballot, the voter
1317
will be unable to vote in that election because there will be no polling place for
1318
the voting precinct on the day of the election; and
1319
(F) instructions on how a voter may sign up to receive electronic ballot status
1320
notifications via the ballot tracking system described in Section 20A-3a-401.5;
- 39 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1321
(ii) may not mail a ballot to an inactive voter, unless the inactive voter requests a
1322
manual ballot;
1323
(iii) may, but is not required to, mail a ballot to a voter who, on the day that is 60
1324
days before the day of the election, is not designated as a remote voter, but who
1325
submits a request for a remote ballot within the 60 days before the day of the
1326
election;
1327
(iv) shall, on the outside of the envelope in which the election officer mails the ballot,
1328
include instructions for returning the ballot if the individual to whom the election
1329
officer mails the ballot does not live at the address to which the ballot is sent;
1330
(v) shall provide a method of accessible voting to a voter with a disability who is not
1331
able to vote by mail; and
1332
(vi) shall include, on the election officer's website and with each ballot mailed,
1333
instructions regarding how a voter described in Subsection (v) may vote.
1334
(4) An election officer may not remove the designation of a remote voter for failure of the
1335
vote in a regular general election if the voter is a covered voter.
1336
[(3)] (5)(a) An election officer who mails a manual ballot under Subsection [(2)] (2)(e)(i)
1337
or (3)(f)(i) shall mail the manual ballot to the[ address]:
1338
(i) address provided at the time of registration; or
1339
(ii) alternate address provided by the voter, if[, ] :
1340
(A) at or after the time of registration, the voter files an alternate address request
1341
form described in [Subsection (3)(b), the alternate address indicated on the
1342
form.] Subsection (5)(b); or
1343
(B) the voter provides an alternate address when making a request for a remote
1344
ballot.
1345
(b) The lieutenant governor shall make available to voters an alternate address request
1346
form that permits a voter to request that the election officer mail the voter's ballot to a
1347
location other than the voter's residence.
1348
(c) A voter shall provide the completed alternate address request form to the election
1349
officer no later than 11 days before the day of the election.
1350
[(4)] (6) The return envelope shall include:
1351
(a) the name, official title, and post office address of the election officer on the front of
1352
the envelope;
1353
(b) a space where a voter may write an email address and phone number by which the
1354
election officer may contact the voter if the voter's ballot is rejected;
- 40 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1355
(c) a printed affidavit in substantially the following form:
1356
"County of ____State of ____
1357
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1358
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1359
currently incarcerated for commission of a felony.
1360
______________________________
1361
Signature of Voter"; [and]
1362
(d) a warning that the affidavit must be signed by the individual to whom the ballot was
1363
sent and that the ballot will not be counted if the signature on the affidavit does not
1364
match the signature on file with the election officer of the individual to whom the
1365
ballot was sent[.] ; and
1366
(e) for an election held in 2025, the applicable statement described in Subsection
1367
20A-2-104(2)(b)(ii).
1368
[(5)] (7) If the election officer determines that the voter is required to show valid voter
1369
identification, the election officer may:
1370
(a) mail a ballot to the voter;
1371
(b) instruct the voter to include a copy of the voter's valid voter identification with the
1372
return ballot; and
1373
(c) provide instructions to the voter on how the voter may sign up to receive electronic
1374
ballot status notifications via the ballot tracking system described in Section
1375
20A-3a-401.5.
1376
[(6)] (8) An election officer who administers an election shall:
1377
(a)(i) before the election, obtain the signatures of each voter qualified to vote in the
1378
election; or
1379
(ii) obtain the signature of each voter within the voting precinct from the county
1380
clerk; and
1381
(b) maintain the signatures on file in the election officer's office.
1382
[(7)] (9) Upon receipt of a returned ballot, the election officer shall review and process the
1383
ballot under Section 20A-3a-401.
1384
[(8)] (10) A county that administers an election:
1385
(a) shall, for an election held in 2025, provide at least one election day voting center in
1386
accordance with Part 7, Election Day Voting Center, and at least one additional
1387
election day voting center for every 5,000 active voters in the county who have
1388
requested to not receive a ballot by mail;
- 41 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1389
(b) shall, beginning in 2026, provide at least one election day voting center in
1390
accordance with Part 7, Election Day Voting Center, and at least one additional
1391
election day voting center for every 5,000 active voters in the county who are not
1392
remote voters;
1393
[(b)] (c) shall ensure that each election day voting center operated by the county has at
1394
least one voting device that is accessible, in accordance with the Help America Vote
1395
Act of 2002, Pub. L. No. 107-252, for individuals with disabilities;
1396
[(c)] (d) may reduce the early voting period described in Section 20A-3a-601, if:
1397
(i) the county clerk conducts early voting on at least four days;
1398
(ii) the early voting days are within the period beginning on the date that is 14 days
1399
before the date of the election and ending on the day before the election; and
1400
(iii) the county clerk provides notice of the reduced early voting period in accordance
1401
with Section 20A-3a-604; and
1402
[(d)] (e) is not required to pay return postage for a ballot.
1403
(11)(a) Except as provided in Subsection (11)(b), beginning on May 7, 2025, a voter
1404
may, on a form created by the lieutenant governor, submit to an election officer a
1405
request indicating that the voter desires to receive a ballot by mail in the 2026
1406
elections and beyond.
1407
(b) Beginning on January 1, 2026, a voter may, on a form created by the lieutenant
1408
governor, submit to an election officer a request indicating that the voter desires to
1409
receive a ballot by mail in the upcoming elections.
1410
(c) Beginning on May 7, 2025, a voter may, on a form created by the lieutenant
1411
governor, submit to an election officer a request indicating that the voter desires to
1412
stop receiving a ballot by mail in the upcoming elections.
1413
(d) An election officer may not require an active voter to file a new voter registration
1414
form in order to make a request described in Subsections (11)(a) through (c).
1415
(e) A form described in Subsection (11)(a), (b), or (c) shall include the notice described
1416
in Subsection 20A-3a-107(3)(d).
1417
(f) A form described in Subsection (11)(a) or (b) shall allow a voter to enter an alternate
1418
address at which to receive a ballot by mail.
1419
[(9)(a) An individual may request that the election officer not send the individual a
1420
ballot by mail in the next and subsequent elections by submitting a written request to
1421
the election officer.]
1422
[(b) An individual shall submit the request described in Subsection (9)(a) to the election
- 42 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1423
officer before 5 p.m. no later than 60 days before an election if the individual does
1424
not wish to receive a ballot by mail in that election.]
1425
[(c) An election officer who receives a request from an individual under Subsection
1426
(9)(a):]
1427
[(i) shall remove the individual's name from the list of voters who will receive a
1428
ballot by mail; and]
1429
[(ii) may not send the individual a ballot by mail for:]
1430
[(A) the next election, if the individual submits the request described in
1431
Subsection (9)(a) before the deadline described in Subsection (9)(b); or]
1432
[(B) an election after the election described in Subsection (9)(c)(ii)(A).]
1433
[(d) An individual who submits a request under Subsection (9)(a) may resume the
1434
individual's receipt of a ballot by mail by submitting a written request to the election
1435
officer.]
1436
Section 10. Section 20A-3a-204 is amended to read:
1437
20A-3a-204 . Marking and depositing ballots -- Deadlines.
1438
(1) To vote by mail:
1439
(a) except as provided in Subsection (6), the voter shall prepare the voter's manual ballot
1440
by marking the appropriate space with a mark opposite the name of each candidate of
1441
the voter's choice for each office to be filled;
1442
(b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
1443
appropriate space with a mark opposite the answer the voter intends to make;
1444
(c) except as provided in Subsection (6), the voter shall record a write-in vote in
1445
accordance with Subsection 20A-3a-206(1);
1446
(d) except as provided in Subsection (6), a mark is not required opposite the name of a
1447
write-in candidate; and
1448
(e) the voter shall:
1449
(i) complete and sign the affidavit on the return envelope;
1450
(ii) place the voted ballot in the return envelope;
1451
(iii) if required, place a copy of the voter's valid voter identification in the return
1452
envelope;
1453
(iv) securely seal the return envelope; and
1454
(v)(A) attach postage, if necessary, and deposit the return envelope in the mail; or
1455
(B) place the return envelope in a ballot drop box, designated by the election
1456
officer, for the precinct where the voter resides.
- 43 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1457
(2)(a) Except as otherwise provided in [Section 20A-16-404] Sections 20A-16-404 and
1458
20A-16-408, to be valid, a ballot that is [mailed] returned by mail must be[:]
1459
[(i) clearly postmarked before election day, or otherwise clearly marked by the post
1460
office as received by the post office before election day; and]
1461
[(ii)] received in the office of the election officer before [noon on the day of the
1462
official canvass following the election] 8 p.m. on the day of the election.
1463
(b) Except as provided in Sections 20A-16-404 and 20A-16-408 or Subsection (2)(c), to
1464
be valid, a ballot that is not returned by mail shall, before the polls close on election
1465
day, be deposited in:
1466
(i) a ballot box at a polling place; or
1467
(ii) a ballot drop box designated by an election officer for the jurisdiction to which
1468
the ballot relates.
1469
(c) An election officer may, but is not required to, forward a ballot deposited in a ballot
1470
drop box in the wrong jurisdiction to the correct jurisdiction.
1471
(d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
1472
ballot drop box, with a sealed return envelope containing a ballot in the voter's
1473
possession, to deposit the ballot in the ballot drop box.
1474
(3) Except as provided in Subsection (4), to vote at a polling place the voter shall, after
1475
complying with Subsections (1)(a) through (d):
1476
(a) sign the official register or pollbook; and
1477
(b)(i) place the ballot in the ballot box; or
1478
(ii) if the ballot is a provisional ballot, place the ballot in the provisional ballot
1479
envelope, complete the information printed on the provisional ballot envelope, and
1480
deposit the provisional ballot envelope in the provisional ballot box.
1481
(4)(a) An individual with a disability may vote a mechanical ballot at a polling place.
1482
(b) An individual other than an individual with a disability may vote a mechanical ballot
1483
at a polling place if permitted by the election officer.
1484
(5) To vote a mechanical ballot, the voter shall:
1485
(a) make the selections according to the instructions provided for the voting device; and
1486
(b) subject to Subsection (6), record a write-in vote by:
1487
(i) selecting the appropriate position for entering a write-in candidate; and
1488
(ii) using the voting device to enter the name of the valid write-in candidate for
1489
whom the voter wishes to vote.
1490
(6) To vote in an instant runoff voting race under Title 20A, Chapter 4, Part 6, Municipal
- 44 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1491
Alternate Voting Methods Pilot Project, a voter:
1492
(a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
1493
first preference for the office; and
1494
(b) may indicate, as directed on the ballot, the names of the remaining candidates in
1495
order of the voter's preference.
1496
(7) A voter who votes at a polling place:
1497
(a) shall mark and cast or deposit the ballot without delay and shall leave the voting area
1498
after voting; and
1499
(b) may not:
1500
(i) occupy a voting booth occupied by another, except as provided in Section
1501
20A-3a-208;
1502
(ii) remain within the voting area more than 10 minutes; or
1503
(iii) occupy a voting booth for more than five minutes if all booths are in use and
1504
other voters are waiting to occupy a voting booth.
1505
(8) If the official register shows any voter as having voted, that voter may not reenter the
1506
voting area during that election unless that voter is an election official or watcher.
1507
(9) A poll worker may not, at a polling place, allow more than four voters more than the
1508
number of voting booths into the voting area at one time unless those excess voters are:
1509
(a) election officials;
1510
(b) watchers; or
1511
(c) assisting voters with a disability.
1512
Section 11. Section 20A-5-411 is enacted to read:
1513
20A-5-411 . Notice of change in requirements for receiving a ballot by mail.
1514
(1) Except as provided in Subsection (3), before January 1, 2026, an election officer shall
1515
provide the written notice described in Subsection (4) to each active voter, as follows:
1516
(a) an election officer who mails a ballot to an active voter for the 2025 municipal
1517
primary election shall mail the notice with the ballot to each active voter to whom the
1518
notice was not mailed previously; and
1519
(b) an election officer who mails a ballot to an active voter for the 2025 municipal
1520
general election shall mail the notice with the ballot to each active voter to whom the
1521
notice was not mailed previously.
1522
(2) Except as provided in Subsection (3), after the election officers mail ballots for the 2025
1523
municipal general election, but before January 1, 2026, a county clerk shall mail the
1524
written notice described in Subsection (4), to each active voter who resides in the county
- 45 - 1st Sub. (Buff) H.B. 213 01-28 09:44
1525
to whom the notice was not mailed previously.
1526
(3) An election officer or county clerk is not required to comply with the requirements
1527
described in Subsections (1) and (2) in relation to an active voter who, on or after May
1528
7, 2025:
1529
(a) submits a request for a remote ballot, as defined in Subsection 20A-3a-202(1); or
1530
(b) submits a request to stop receiving a remote ballot, as defined in Subsection
1531
20A-3a-202(1); or
1532
(c) submits a ballot in a return envelope.
1533
(4) The written notice described in this section shall be in substantially the following form:
1534
(a) if, at the time the notice is sent, the online remote ballot request system described in
1535
Section 20A-3a-107 is not available for use:
1536
"IMPORTANT ELECTIONS NOTICE
1537
Currently, election officers are required to mail ballots to each active voter unless
1538
the voter requests otherwise.
1539
Beginning in 2026, you will no longer receive a ballot by mail unless you request
1540
to receive a ballot by mail.
1541
If you desire to have a ballot mailed to you in the 2026 elections and beyond, you
1542
must submit a request:
1543
• by submitting to your county clerk a request form that is available at [insert a
1544
uniform resource locator where a voter may access a copy of the form online] or that
1545
you may obtain by mail, by calling [insert phone number]; or
1546
• on or after [insert January 1, 2026, or an earlier date if the online remote ballot
1547
request system will be available for use on a known date before January 1, 2026]
1548
using the online remote ballot request system available at [insert a uniform resource
1549
locator where a voter may access the online remote ballot request system described in
1550
Section 20A-3a-107].
1551
You must resubmit a request to receive a ballot by mail if you fail to vote in a
1552
regular general election.
1553
*Note: Certain exceptions apply to a covered voter under Title 20A, Chapter 16,
1554
Uniform Military and Overseas Voters Act.".
1555
(b) The written notice described in this section shall be in substantially the following
1556
form if, at the time the notice is sent, the online remote ballot request system
1557
described in Section 20A-3a-107 is available for use:
1558
"IMPORTANT ELECTIONS NOTICE
- 46 - 01-28 09:44 1st Sub. (Buff) H.B. 213
1559
Currently, election officers are required to mail ballots to each active voter unless
1560
the voter requests otherwise.
1561
Beginning in 2026, you will no longer receive a ballot by mail unless you request
1562
to receive a ballot by mail.
1563
If you desire to have a ballot mailed to you in the 2026 elections and beyond, you
1564
must submit a request:
1565
• using the online remote ballot request system available at [insert a uniform
1566
resource locator where a voter may access the online remote ballot request system
1567
described in Section 20A-3a-107]; or
1568
• by submitting to your county clerk a request form that is available at [insert a
1569
uniform resource locator where a voter may access a copy of the form online] or that
1570
you may obtain by mail, by calling [insert phone number].
1571
You must resubmit a request to receive a ballot by mail if you fail to vote in a
1572
regular general election.
1573
*Note: Certain exceptions apply to a covered voter under Title 20A, Chapter 16,
1574
Uniform Military and Overseas Voters Act.".
1575
(5) The lieutenant governor shall issue press releases and take other action, as the chief
1576
election officer determines is needed, to notify the public of the change in requirements
1577
for receiving a ballot by mail.
1578
Section 12. Section 20A-9-808 is amended to read:
1579
20A-9-808 . Voting.
1580
Voting in a presidential primary election shall be conducted in accordance with the
1581
procedures of Section [20A-3a-203] 20A-3a-202.
1582
Section 13. Effective Date.
1583
This bill takes effect on May 7, 2025.
- 47 -