Utah 2025 Regular Session

Utah House Bill HB0423 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	02-14 13:13 1st Sub. (Buff) H.B. 423
2		-	Trevor Lee proposes the following substitute bill:
	1	+	02-05 15:07 H.B. 423
3	2		1
4	3		Voting Registration Amendments
5	4		2025 GENERAL SESSION
6	5		STATE OF UTAH
7	6		Chief Sponsor: Trevor Lee
8	7		Senate Sponsor:
9	8		2
10	9
11	10		3
12	11		LONG TITLE
13	12		4
14	13		General Description:
15	14		5
16	15		This bill addresses provisions related to voter registration.
17	16		6
18	17		Highlighted Provisions:
19	18		7
20	19		This bill:
21	20		8
22		-	▸ defines terms; ~~and~~
	21	+	▸ defines terms;
23	22		9
24		-	▸ ~~creates a process for~~ an individual to ~~receive~~ a ~~voter registration form and voter~~
	23	+	▸ enables an individual to register or preregister to vote when purchasing a hunting or
25	24		10
26		-	~~registration information when purchasing a hunting or~~ fishing license.
	25	+	fishing license; and
27	26		11
	27	+	▸ requires a county clerk to provide copies of the voter registration form to Division of
	28	+	12
	29	+	Wildlife Resources offices in the county.
	30	+	13
28	31		Money Appropriated in this Bill:
29		-	12
30		-	None
31		-	13
32		-	Other Special Clauses:
33	32		14
34	33		None
35	34		15
	35	+	Other Special Clauses:
	36	+	16
	37	+	None
	38	+	17
36	39		Utah Code Sections Affected:
37		-	16
	40	+	18
	41	+	AMENDS:
	42	+	19
	43	+	20A-2-102.5, as last amended by Laws of Utah 2023, Chapter 45
	44	+	20
	45	+	20A-2-301, as last amended by Laws of Utah 2020, Chapter 31
	46	+	21
	47	+	20A-2-304, as last amended by Laws of Utah 2022, Chapter 156
	48	+	22
	49	+	20A-2-506, as renumbered and amended by Laws of Utah 2023, Chapter 297
	50	+	23
38	51		ENACTS:
39		-	17
	52	+	24
40	53		20A-2-208, Utah Code Annotated 1953
41		-	18
	54	+	25
42	55
43		-	19
	56	+	26
44	57		Be it enacted by the Legislature of the state of Utah:
45		-	20
46		-	Section 1. Section 20A-2-208 is enacted to read:
47		-	21
48		-	20A-2-208 . Voter registration forms and information available at Division of
49		-	22
50		-	Wildlife Resources offices.
51		-	23
	58	+	27
	59	+	Section 1. Section 20A-2-102.5 is amended to read:
	60	+	28
	61	+	20A-2-102.5 . Voter registration deadline.
	62	+	29
	63	+	(1) Except as otherwise provided in Chapter 16, Uniform Military and Overseas Voters Act,
	64	+	30
	65	+	an individual who fails to timely submit a correctly completed voter registration form
	66	+	H.B. 423 H.B. 423 02-05 15:07
	67	+	31
	68	+	may not vote in the election.
	69	+	32
	70	+	(2) The voter registration deadline is as follows:
	71	+	33
	72	+	(a) the voter registration must be received by the county clerk, the municipal clerk, or
	73	+	34
	74	+	the lieutenant governor no later than 5 p.m. 11 calendar days before the date of the
	75	+	35
	76	+	election, if the individual registers to vote:
	77	+	36
	78	+	(i) at the office of the county clerk, in accordance with Section 20A-2-201;
	79	+	37
	80	+	(ii) by mail, in accordance with Section 20A-2-202;
	81	+	38
	82	+	(iii) via an application for a driver license, in accordance with Section 20A-2-204;
	83	+	39
	84	+	(iv) via a public assistance agency or a discretionary voter registration agency, in
	85	+	40
	86	+	accordance with Section 20A-2-205;[ or]
	87	+	41
	88	+	(v) via electronic registration, in accordance with Section 20A-2-206; or
	89	+	42
	90	+	(vi) via purchasing a hunting or fishing license from the Division of Wildlife
	91	+	43
	92	+	Resources, in accordance with Section 20A-2-208;
	93	+	44
	94	+	(b) before the polls close on the last day of early voting, described in Section 20A-3a-601,
	95	+	45
	96	+	if the individual registers by casting a provisional ballot at an early voting location in
	97	+	46
	98	+	accordance with Section 20A-2-207; or
	99	+	47
	100	+	(c) before polls close on the date of the election, if the individual registers to vote on the
	101	+	48
	102	+	date of the election by casting a provisional ballot, in accordance with Section
	103	+	49
	104	+	20A-2-207.
	105	+	50
	106	+	Section 2. Section 20A-2-208 is enacted to read:
	107	+	51
	108	+	20A-2-208 . Registering to vote when purchasing a hunting or fishing license.
	109	+	52
	110	+	(1) As used in this section, "applicant" means an individual seeking to purchase a hunting
	111	+	53
	112	+	or fishing license who is eligible to register to vote under Section 20A-2-101 or
	113	+	54
	114	+	preregister to vote under Section 20A-2-101.1.
	115	+	55
	116	+	(2) An applicant may register or preregister to vote when purchasing a hunting or fishing
	117	+	56
	118	+	license at a Division of Wildlife Resources office.
	119	+	57
	120	+	(3) Each Division of Wildlife Resources office shall provide to applicants, either as part of
	121	+	58
	122	+	existing forms or on a separate form, the following information in substantially the
	123	+	59
	124	+	following form:
	125	+	60
	126	+	"REGISTERING TO VOTE
	127	+	61
	128	+	If you are not registered to vote where you live now, would you like to apply to
	129	+	62
	130	+	register or preregister to vote here today? Yes____ No____ IF YOU DO NOT CHECK
	131	+	63
	132	+	EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
	133	+	64
	134	+	REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you would like help in
	135	+	- 2 - 02-05 15:07 H.B. 423
	136	+	65
	137	+	filling out the voter registration form, we will help you. The decision about whether to
	138	+	66
	139	+	seek or accept help is yours. You may fill out the application form in private. If you
	140	+	67
	141	+	believe that someone has interfered with your right to register or preregister or to decline
	142	+	68
	143	+	to register or preregister to vote, your right to privacy in deciding whether to register or
	144	+	69
	145	+	preregister, or in applying to register or preregister to vote, or your right to choose your
	146	+	70
	147	+	own political party or other political preference, you may file a complaint with the
	148	+	71
	149	+	Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114.
	150	+	72
	151	+	(The phone number of the Office of the Lieutenant Governor)."
	152	+	73
	153	+	(4) Unless an applicant declines to register or preregister to vote, each Division of Wildlife
	154	+	74
	155	+	Resources office shall:
	156	+	75
	157	+	(a) distribute a voter registration form to every applicant;
	158	+	76
	159	+	(b) assist applicants in completing the voter registration form unless the applicant
	160	+	77
	161	+	refuses assistance;
	162	+	78
	163	+	(c) accept completed forms for transmittal to the appropriate election official; and
	164	+	79
	165	+	(d) transmit a copy of each voter registration form to the appropriate election official
	166	+	80
	167	+	within five days after the day on which the Division of Wildlife Resources office
	168	+	81
	169	+	receives the voter registration form.
	170	+	82
	171	+	(5) An employee of the Division of Wildlife Resources who helps an applicant complete
	172	+	83
	173	+	the voter registration form may not:
	174	+	84
	175	+	(a) seek to influence an applicant's political preference or party registration;
	176	+	85
	177	+	(b) display any political preference or party allegiance; or
	178	+	86
	179	+	(c) make any statement to an applicant or take any action that has the purpose or effect
	180	+	87
	181	+	of discouraging the applicant from registering to vote.
	182	+	88
	183	+	(6) If the county clerk receives a correctly completed voter registration form under this
	184	+	89
	185	+	section no later than 5 p.m. 11 calendar days before the date of an election, the county
	186	+	90
	187	+	clerk shall:
	188	+	91
	189	+	(a) accept and process the voter registration form;
	190	+	92
	191	+	(b) unless the applicant named in the form is preregistering to vote:
	192	+	93
	193	+	(i) enter the applicant's name on the list of registered voters for the voting precinct in
	194	+	94
	195	+	which the individual resides; and
	196	+	95
	197	+	(ii) notify the applicant that the applicant is registered to vote in the upcoming
	198	+	96
	199	+	election; and
	200	+	97
	201	+	(c) if the applicant named in the form is preregistering to vote, comply with Section
	202	+	98
	203	+	20A-2-101.1.
	204	+	- 3 - H.B. 423 02-05 15:07
	205	+	99
	206	+	(7) If the county clerk receives a correctly completed voter registration form after the
	207	+	100
	208	+	deadline described in Subsection (6), the county clerk shall:
	209	+	101
	210	+	(a) accept the application for registration of the applicant; and
	211	+	102
	212	+	(b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
	213	+	103
	214	+	applicant that the applicant will not be registered to vote in the pending election,
	215	+	104
	216	+	unless the applicant registers to vote by provisional ballot during the early voting
	217	+	105
	218	+	period, if applicable, or on election day, in accordance with Section 20A-2-207.
	219	+	106
	220	+	(8) If the county clerk determines that a voter registration form received from a Division of
	221	+	107
	222	+	Wildlife Resources office is incorrect because of an error or because the voter
	223	+	108
	224	+	registration form is incomplete, the county clerk shall provide notice to the applicant
	225	+	109
	226	+	attempting to register or preregister to vote, stating that the applicant has not been
	227	+	110
	228	+	registered or preregistered to vote because of an error or because the voter registration
	229	+	111
	230	+	form is incomplete.
	231	+	112
	232	+	(9) The Division of Wildlife Resources shall provide a link to the state's online voter
	233	+	113
	234	+	registration application to each applicant who purchases a hunting or fishing license on
	235	+	114
	236	+	the Internet.
	237	+	115
	238	+	Section 3. Section 20A-2-301 is amended to read:
	239	+	116
	240	+	20A-2-301 . County clerk responsibilities -- Voter registration forms.
	241	+	117
	242	+	(1) Each county clerk shall provide voter registration forms for use in the voter registration
	243	+	118
	244	+	process.
	245	+	119
	246	+	(2)(a) Each county clerk shall provide a copy of the voter registration form to each
	247	+	120
	248	+	public assistance agency and discretionary voter registration agency.
	249	+	121
	250	+	(b) Each county clerk shall provide a copy of the voter registration form to each
	251	+	122
	252	+	Division of Wildlife Resources office in the county.
	253	+	123
	254	+	[(b)] (c) Each county clerk may provide a copy of the voter registration form to public
	255	+	124
	256	+	school districts and nonpublic schools as provided in Section 20A-2-302.
	257	+	125
	258	+	(3)(a) The clerk shall make a copy of the voter registration form available to any person
	259	+	126
	260	+	upon request.
	261	+	127
	262	+	(b) A person may make multiple copies of the voter registration form at the person's own
	263	+	128
	264	+	expense.
	265	+	129
	266	+	(c) A person shall provide all completed voter registration forms in the person's
	267	+	130
	268	+	possession to the county clerk at or before 5 p.m. on the day of the voter registration
	269	+	131
	270	+	deadline.
	271	+	132
	272	+	(4) The county clerk may not refuse to register an individual to vote for failing to provide a
	273	+	- 4 - 02-05 15:07 H.B. 423
	274	+	133
	275	+	telephone number on the voter registration form.
	276	+	134
	277	+	(5)(a) It is unlawful for any person in possession of a completed voter registration form,
	278	+	135
	279	+	other than the person's own completed voter registration form, to willfully fail or
	280	+	136
	281	+	refuse to timely deliver the completed voter registration form to the county clerk.
	282	+	137
	283	+	(b) A person who violates this Subsection (5) is guilty of a class B misdemeanor.
	284	+	138
	285	+	Section 4. Section 20A-2-304 is amended to read:
	286	+	139
	287	+	20A-2-304 . County clerk's responsibilities -- Notice of disposition.
	288	+	140
	289	+	Each county clerk shall:
	290	+	141
	291	+	(1) register to vote each individual who meets the requirements for registration and who:
	292	+	142
	293	+	(a) submits a completed voter registration form to the county clerk;
	294	+	143
	295	+	(b) submits a completed voter registration form, as defined in Section 20A-2-204, to the
	296	+	144
	297	+	Driver License Division;
	298	+	145
	299	+	(c) submits a completed voter registration form to a public assistance agency or a
	300	+	146
	301	+	discretionary voter registration agency;
	302	+	147
	303	+	(d) submits a completed voter registration form to a Division of Wildlife Resources
	304	+	148
	305	+	office; or
	306	+	149
	307	+	[(d)] (e) mails a completed voter registration form to the county clerk; and
	308	+	150
	309	+	(2) within 30 days after the day on which the county clerk processes a voter registration
	310	+	151
	311	+	form, send a notice to the individual who submits the form that:
	312	+	152
	313	+	(a)(i) informs the individual that the individual's voter registration form has been
	314	+	153
	315	+	accepted and that the individual is registered to vote;
	316	+	154
	317	+	(ii) informs the individual of the procedure for designating or changing the
	318	+	155
	319	+	individual's political affiliation;
	320	+	156
	321	+	(iii) informs the individual of the procedure to cancel a voter registration;
	322	+	157
	323	+	(iv) provides instructions to the voter on how the voter may sign up to receive
	324	+	158
	325	+	electronic ballot status notifications via the ballot tracking system described in
	326	+	159
	327	+	Section 20A-3a-401.5; and
	328	+	160
	329	+	(v) confirms that the individual has chosen to receive electronic ballot status
	330	+	161
	331	+	notifications if the individual opted to receive electronic ballot status notifications
	332	+	162
	333	+	on the voter registration form;
	334	+	163
	335	+	(b) informs the individual that the individual's voter registration form has been rejected
	336	+	164
	337	+	and the reason for the rejection; or
	338	+	165
	339	+	(c)(i) informs the individual that the individual's voter registration form is being
	340	+	166
	341	+	returned to the individual for further action because the form is incomplete; and
	342	+	- 5 - H.B. 423 02-05 15:07
	343	+	167
	344	+	(ii) gives instructions to the individual on how to properly complete the form.
	345	+	168
	346	+	Section 5. Section 20A-2-506 is amended to read:
	347	+	169
	348	+	20A-2-506 . Lieutenant governor and county clerks to preserve records.
	349	+	170
52	350		(1) As used in this section:
53		-	24
54		-	(a) "Applicant" means an individual who is:
55		-	25
56		-	(i) seeking to purchase a hunting or fishing license in-person at a Division of Wildlife
57		-	26
58		-	Resources office; and
59		-	27
60		-	(ii) eligible to register to vote under Section 20A-2-101 or preregister to vote under
61		-	28
62		-	Section 20A-2-101.1.
63		-	29
64		-	(b) "Voter registration information" means information provided by the lieutenant
65		-	1st Sub. H.B. 423 1st Sub. (Buff) H.B. 423 02-14 13:13
66		-	30
67		-	governor, including:
68		-	31
69		-	(i) instructions for registering to vote;
70		-	32
71		-	(ii) voter registration deadlines; and
72		-	33
73		-	(iii) contact information for questions about voter registration.
74		-	34
75		-	(2) The lieutenant governor shall provide voter registration forms and voter registration
76		-	35
77		-	information to each Division of Wildlife Resources office.
78		-	36
79		-	(3)(a) An applicant may receive a voter registration form when purchasing a hunting or
80		-	37
81		-	fishing license at a Division of Wildlife Resources office in accordance with this
82		-	38
83		-	Subsection (3).
84		-	39
85		-	(b) Each Division of Wildlife Resources office shall provide to each applicant, either as
86		-	40
87		-	part of existing forms or on a separate form, the following text in substantially the
88		-	41
89		-	following form:
90		-	42
91		-	"REGISTERING TO VOTE
92		-	43
93		-	If you are not registered to vote where you live now, would you like a form to
94		-	44
95		-	register or preregister to vote? Yes____ No____ . IF YOU DO NOT CHECK
96		-	45
97		-	EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
98		-	46
99		-	RECEIVE A VOTER REGISTRATION FORM AT THIS TIME. If you would like
100		-	47
101		-	help in filling out the voter registration form, contact the Office of the Lieutenant
102		-	48
103		-	Governor, State Capitol Building, Salt Lake City, Utah 84114, or by phone at [insert
104		-	49
105		-	the phone number of the Office of the Lieutenant Governor]."
106		-	50
107		-	(c) Unless an applicant declines a voter registration form, the Division of Wildlife
108		-	51
109		-	Resources office shall:
110		-	52
111		-	(i) provide the applicant with a voter registration form and voter registration
112		-	53
113		-	information; and
114		-	54
115		-	(ii) direct any questions about voter registration to the Office of the Lieutenant
116		-	55
117		-	Governor or the county clerk.
118		-	56
119		-	(4) The Division of Wildlife Resources shall provide a link to the state's online voter
120		-	57
121		-	registration application to each individual who purchases a hunting or fishing license on
122		-	58
123		-	the Internet.
124		-	59
125		-	Section 2. Effective Date.
126		-	60
	351	+	171
	352	+	(a) "Voter registration record" means a record concerning the implementation of
	353	+	172
	354	+	programs and activities conducted for the purpose of ensuring that the official
	355	+	173
	356	+	register is accurate and current.
	357	+	174
	358	+	(b) "Voter registration record" does not include a record that:
	359	+	175
	360	+	(i) relates to a person's decision to decline to register to vote; or
	361	+	176
	362	+	(ii) identifies the particular public assistance agency, discretionary voter registration
	363	+	177
	364	+	agency, Division of Wildlife Resources office, or Driver License Division through
	365	+	178
	366	+	which a particular voter registered to vote.
	367	+	179
	368	+	(2) The lieutenant governor and each county clerk shall:
	369	+	180
	370	+	(a) preserve for at least two years all records relating to voter registration, including:
	371	+	181
	372	+	(i) the official register; and
	373	+	182
	374	+	(ii) the name and address of each individual to whom the notice required by Section
	375	+	183
	376	+	20A-2-505 was sent and a notation regarding whether the individual responded to
	377	+	184
	378	+	the notice;
	379	+	185
	380	+	(b) make a voter registration record available for public inspection, except for a voter
	381	+	186
	382	+	registration record, or part of a voter registration record that is classified as private
	383	+	187
	384	+	under Section 63G-2-302; and
	385	+	188
	386	+	(c) allow a record or part of a record described in Subsection (2)(b) that is not classified
	387	+	189
	388	+	as a private record to be photocopied for a reasonable cost.
	389	+	190
	390	+	(3) The lieutenant governor shall take, and store for at least 22 months, a static copy of the
	391	+	191
	392	+	official register made at the following times:
	393	+	192
	394	+	(a) the voter registration deadline described in Subsection 20A-2-102.5(2)(a);
	395	+	193
	396	+	(b) the day of the election; and
	397	+	194
	398	+	(c) the last day of the canvass.
	399	+	195
	400	+	Section 6. Effective Date.
	401	+	196
127	402		This bill takes effect on May 7, 2025.
128		-	- 2 -
	403	+	- 6 -