02-26 07:46 2nd Sub. (Gray) H.B. 445
Doug Fiefia proposes the following substitute bill:
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Revisions to Election Law
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Fiefia
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.
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Highlighted Provisions:
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This bill:
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▸ defines terms;
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▸ changes the voter registration deadline to 21 days before the day of an election for all
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methods of voter registration;
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▸ establishes a deadline for a voter:
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● who will not otherwise receive a ballot by mail in the upcoming election to request to
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receive a ballot by mail; or
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● who will receive a ballot by mail in the upcoming election to change the address to
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which the ballot will be mailed;
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▸ modifies provisions relating to information an election officer is required to report in
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relation to ballot processing;
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▸ provides deadlines for tabulating ballots and publishing tabulation results;
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▸ requires an election officer to post unofficial election results on the Monday after the day
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of the election;
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▸ requires a ballot drop box to remain open until the polls close on election day;
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▸ requires the lieutenant governor to award a contract, via a request for proposals, to
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designate a voting system, including equipment and software, that will be used
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throughout the state;
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▸ requires that, as election officers replace voting equipment and software, the election
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officers replace the voting equipment and software with voting equipment and software
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that is part of the election system designated under the preceding paragraph; and
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▸ makes technical and conforming changes.
2nd Sub. H.B. 445 2nd Sub. (Gray) H.B. 445 02-26 07:46
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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-1-603, as last amended by Laws of Utah 2023, Chapter 175
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20A-2-101.1, as last amended by Laws of Utah 2018, Chapter 223
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20A-2-102.5, as last amended by Laws of Utah 2023, Chapter 45
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20A-2-201, as last amended by Laws of Utah 2020, Chapters 31, 95 and last amended by
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Coordination Clause, Laws of Utah 2020, Chapter 95
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20A-2-202, as last amended by Laws of Utah 2020, Chapter 31
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20A-2-204, as last amended by Laws of Utah 2023, Chapter 237
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20A-2-205, as last amended by Laws of Utah 2020, Chapter 31 and last amended by
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Coordination Clause, Laws of Utah 2020, Chapter 95
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20A-2-206, as last amended by Laws of Utah 2023, Chapter 297
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20A-2-301, as last amended by Laws of Utah 2020, Chapter 31
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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-203, as renumbered and amended by Laws of Utah 2020, Chapter 31
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20A-3a-401, as last amended by Laws of Utah 2024, Chapter 477
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20A-3a-405, as last amended by Laws of Utah 2023, Chapter 297
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20A-3a-807, as enacted by Laws of Utah 2022, Chapter 380
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20A-4-104, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
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20A-4-107, as last amended by Laws of Utah 2020, Chapter 31
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20A-4-109, as last amended by Laws of Utah 2024, Chapter 465
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20A-5-403.5, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
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20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
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20A-5-803, as renumbered and amended by Laws of Utah 2017, Chapter 32
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67-1a-2, as last amended by Laws of Utah 2024, Chapter 438
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ENACTS:
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20A-4-104.5, Utah Code Annotated 1953
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REPEALS AND REENACTS:
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20A-5-801, as last amended by Laws of Utah 2020, Chapter 31
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RENUMBERS AND AMENDS:
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20A-5-804, (Renumbered from 20A-5-302, as last amended by Laws of Utah 2023,
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Chapter 15)
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 20A-1-603 is amended to read:
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20A-1-603 . Fraud, interference, disturbance -- Tampering with ballots or
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records -- Penalties.
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(1)(a) An individual may not fraudulently vote on the individual's behalf or on behalf of
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another, by:
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(i) voting more than once at any one election, regardless of whether one of the
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elections is in a state or territory of the United States outside of Utah;
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(ii) knowingly handing in two or more ballots folded together;
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(iii) changing any ballot after the ballot is cast or deposited in the ballot box, or ballot
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drop box, or mailed;
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(iv) adding or attempting to add any ballot or vote to those legally polled at any
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election by fraudulently introducing the ballot or vote into the ballot box or vote
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tally, either before or after the ballots have been counted;
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(v) adding to or mixing or attempting to add or mix, other ballots with the ballots
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lawfully polled while those ballots are being counted or canvassed, or at any other
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time; or
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(vi) voting in a voting district or precinct when the individual knew or should have
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known that the individual was not eligible for voter registration in that district or
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precinct, unless the individual is legally entitled to vote the ballot under Section
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20A-4-107 or another provision of this title.
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(b) A person may not fraudulently interfere with an election by:
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(i) willfully tampering with, detaining, mutilating, or destroying any election returns;
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(ii) in any manner, interfering with the officers holding an election or conducting a
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canvass, or with the voters lawfully exercising their rights of voting at an election,
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so as to prevent the election or canvass from being fairly held or lawfully
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conducted;
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(iii) engaging in riotous conduct at any election, or interfering in any manner with
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any election official in the discharge of the election official's duties;
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(iv) inducing any election officer, or officer whose duty it is to ascertain, announce,
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or declare the result of any election or to give or make any certificate, document,
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or evidence in relation to any election, to violate or refuse to comply with the
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election officer's duty or any law regulating the election officer's duty;
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(v) taking, carrying away, concealing, removing, or destroying any ballot, pollbook,
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or other thing from a polling place, or from the possession of the person
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authorized by law to have the custody of that thing;
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(vi) taking, carrying away, concealing, removing, or destroying a ballot drop box or
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the contents of a ballot drop box; or
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(vii) aiding, counseling, providing, procuring, advising, or assisting any person to do
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any of the acts described in this section.
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(2) In addition to the penalties established in Subsections 20A-1-609(2) and (3):
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(a) a person who commits an offense under Subsection (1)(b)(vi), or who aids, counsels,
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provides, procures, advises, or assists a person to commit an offense under
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Subsection (1)(b)(vi), is guilty of a third degree felony; and
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(b) a person who commits an offense under Subsection (1), other than an offense
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described in Subsection (2)(a), is guilty of a class A misdemeanor.
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(3) The lieutenant governor shall take, and store for at least 22 months, a static copy of the
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official register made at the following times:
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(a) the voter registration deadline described in Subsection [20A-2-102.5(2)(a)]
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20A-2-102.5(2);
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(b) the day of the election; and
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(c) the last day of the canvass.
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Section 2. Section 20A-2-101.1 is amended to read:
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20A-2-101.1 . Preregistering to vote.
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(1) An individual may preregister to vote if the individual:
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(a) is 16 or 17 years [of age] old;
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(b) is not eligible to register to vote because the individual does not comply with the age
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requirements described in Subsection 20A-2-101(1)(c);
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(c) is a citizen of the United States;
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(d) has been a resident of Utah for at least 30 days; and
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(e) currently resides within the voting district or precinct in which the individual
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preregisters to vote.
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(2) An individual described in Subsection (1) may not vote in an election and is not
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registered to vote until:
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(a) the individual is otherwise eligible to register to vote because the individual complies
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with the age requirements described in Subsection 20A-2-101(1)(c); and
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(b) the county clerk registers the individual to vote under Subsection (4).
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(3) An individual who preregisters to vote shall:
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(a) complete a voter registration form, including an indication that the individual is
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preregistering to vote; and
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(b) submit the voter registration form to a county clerk in person, by mail, or in any
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other manner authorized by this chapter for the submission of a voter registration
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form.
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(4)(a) A county clerk shall:
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(i) retain the voter registration form of an individual who meets the qualifications for
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preregistration and who submits a completed voter registration form to the county
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clerk under Subsection (3)(b);
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(ii) register the individual to vote in the next election in which the individual will be
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eligible to vote, before the voter registration deadline established in Section
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20A-2-102.5 for that election; and
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(iii) send a notice to the individual that:
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(A) informs the individual that the individual's voter registration form has been
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accepted as an application for preregistration;
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(B) informs the individual that the individual will be registered to vote in the next
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election in which the individual will be eligible to vote; and
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(C) indicates in which election the individual will be registered to vote.
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(b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
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considered to have applied for voter registration on the earlier of:
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(i) the day of the voter registration deadline immediately preceding the election day
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on which the individual will be at least 18 years [of age] old; or
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(ii) the day on which the individual turns 18 years [of age] old.
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(c) A county clerk shall refer a voter registration form to the county attorney for
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investigation and possible prosecution if the clerk or the clerk's designee believes the
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individual is attempting to preregister to vote in an election in which the individual
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will not be legally entitled to vote.
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(5)(a) The lieutenant governor or a county clerk shall classify the voter registration
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record of an individual who preregisters to vote as a private record until the day on
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which the individual turns 18 years [of age] old.
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(b) [On] Except to the extent otherwise provided under Subsection 63G-2-301(2)(l), on
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the day on which the individual described in Subsection (5)(a) turns 18 years [of age]
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old, the lieutenant governor or county clerk shall classify the individual's voter
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registration record as a public record[ in accordance with Subsection 63G-2-301(2)(l)].
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(6) If an individual who is at least 18 years of age erroneously indicates on the voter
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registration form that the individual is preregistering to vote, the county clerk shall
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consider the form as a voter registration form and shall process the form in accordance
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with this chapter.
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Section 3. Section 20A-2-102.5 is amended to read:
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20A-2-102.5 . Voter registration deadline.
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(1) Except as otherwise provided in Chapter 16, Uniform Military and Overseas Voters Act,
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an individual who fails to timely submit a correctly completed voter registration form
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may not vote in the election.
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(2) The voter registration deadline is as follows:
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(a) the voter registration must be received by the county clerk, the municipal clerk, or
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the lieutenant governor no later than 5 p.m. [11] 21 calendar days before the date of
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the election, if the individual registers to vote:
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(i) at the office of the county clerk, in accordance with Section 20A-2-201;
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(ii) by mail, in accordance with Section 20A-2-202;
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(iii) via an application for a driver license, in accordance with Section 20A-2-204;
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(iv) via a public assistance agency or a discretionary voter registration agency, in
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accordance with Section 20A-2-205; or
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(v) via electronic registration, in accordance with Section 20A-2-206;
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(b) before the polls close on the last day of early voting, described in Section 20A-3a-601,
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if the individual registers by casting a provisional ballot at an early voting location in
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accordance with Section 20A-2-207; or
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(c) before polls close on the date of the election, if the individual registers to vote on the
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date of the election by casting a provisional ballot, in accordance with Section
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20A-2-207.
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Section 4. Section 20A-2-201 is amended to read:
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20A-2-201 . Registering to vote at office of county clerk.
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(1) Except as provided in Subsection (3), the county clerk shall register to vote each
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individual who registers in person at the county clerk's office during designated office
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hours if the individual will, on the date of the election, be legally eligible to vote in a
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voting precinct in the county in accordance with Section 20A-2-101.
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(2) If an individual who is registering to vote submits a registration form in person at the
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office of the county clerk no later than 5 p.m. [11] on the last business day that is no less
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than 21 calendar days before the date of the election, the county clerk shall:
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(a) accept and process the voter registration form;
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(b) unless the individual named in the form is preregistering to vote:
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(i) enter the individual's name on the list of registered voters for the voting precinct in
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which the individual resides; and
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(ii) notify the individual that the individual is registered to vote in the upcoming
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election; and
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(c) if the individual named in the form is preregistering to vote, comply with Section
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20A-2-101.1.
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(3) If an individual who is registering to vote and who will be legally qualified and entitled
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to vote in a voting precinct in the county on the date of an election appears in person,
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during designated office hours, and submits a registration form after the deadline
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described in Subsection (2), the county clerk shall[ ] accept the registration form and,
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except as provided in Subsection 20A-2-207(6), inform the individual that the individual
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will not be registered to vote in the pending election, unless the individual registers to
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vote by provisional ballot during the early voting period, if applicable, or on election
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day, in accordance with Section 20A-2-207.
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Section 5. Section 20A-2-202 is amended to read:
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20A-2-202 . Registration by mail.
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(1)(a) An individual who will be qualified to vote at the next election may register by
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mail.
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(b) To register by mail, an individual shall complete and sign the registration form and
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mail or deliver the form to the county clerk of the county in which the citizen resides.
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(c) In order to register to vote in a particular election, the citizen shall:
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(i) address the voter registration form to the county clerk; and
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(ii) ensure that the voter registration form is received by the county clerk no later than [
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5 p.m. 11] 21 calendar days before the date of the election.
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(d) The citizen has effectively registered to vote under this section only when the county
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clerk's office has received a correctly completed voter registration form.
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(2) Upon receipt of a timely, correctly completed voter registration form, the county clerk
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shall:
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(a) accept and process the voter registration form;
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(b) unless the individual named in the form is preregistering to vote:
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(i) enter the applicant's name on the list of registered voters for the voting precinct in
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which the applicant resides; and
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(ii) notify the individual that the individual is registered to vote in the upcoming
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election; and
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(c) if the individual named in the form is preregistering to vote, comply with Section
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20A-2-101.1.
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(3) If the county clerk receives a correctly completed voter registration form after the
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deadline described in Subsection (1)(c), the county clerk shall, unless the individual is
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preregistering to vote:
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(a) accept the application for registration; and
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(b) if possible, promptly mail a notice to, or otherwise notify, the individual before the
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election, informing the individual that the individual will not be registered to vote in
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the pending election, unless the individual registers to vote by provisional ballot
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during the early voting period, if applicable, or on election day, in accordance with
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Section 20A-2-207.
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(4) If the county clerk determines that a registration form received by mail or otherwise is
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incorrect because of an error or because the registration form is incomplete, the county
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clerk shall mail notice to the individual attempting to register or preregister, stating that
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the individual has not been registered or preregistered because of an error or because the
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registration form is incomplete.
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Section 6. Section 20A-2-204 is amended to read:
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20A-2-204 . Registering to vote when applying for or renewing a driver license.
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(1) As used in this section, "voter registration form" means, when an individual named on a
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qualifying form, as defined in Section 20A-2-108, answers "yes" to the question
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described in Subsection 20A-2-108(2)(a), the information on the qualifying form that
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can be used for voter registration purposes.
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(2)(a) Except as provided in Subsection (2)(b), a citizen who is qualified to vote may
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register to vote, and a citizen who is qualified to preregister to vote may preregister to
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vote, by answering "yes" to the question described in Subsection 20A-2-108(2)(a)
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and completing the voter registration form.
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(b) A citizen who is a program participant in the Safe at Home Program created in
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Section 77-38-602 is not eligible to register to vote as described in Subsection (2)(a),
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but is eligible to register to vote by any other means described in this part.
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(3) The Driver License Division shall:
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(a) assist an individual in completing the voter registration form unless the individual
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refuses assistance;
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(b) electronically transmit each address change to the lieutenant governor within five
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days after the day on which the division receives the address change; and
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(c) within five days after the day on which the division receives a voter registration
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form, electronically transmit the form to the Office of the Lieutenant Governor,
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including the following for the individual named on the form:
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(i) the name, date of birth, driver license or state identification card number, last four
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digits of the social security number, Utah residential address, place of birth, and
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signature;
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(ii) a mailing address, if different from the individual's Utah residential address;
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(iii) an email address and phone number, if available;
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(iv) the desired political affiliation, if indicated;
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(v) an indication of whether the individual requested that the individual's voter
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registration record be classified as a private record under Subsection
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20A-2-108(2)(b); and
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(vi) a withholding request form described in Subsections 20A-2-104(7) and (8) and
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any verification submitted with the form.
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(4) Upon receipt of an individual's voter registration form from the Driver License Division
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under Subsection (3), the lieutenant governor shall:
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(a) enter the information into the statewide voter registration database; and
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(b) if the individual requests on the individual's voter registration form that the
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individual's voter registration record be classified as a private record or the individual
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submits a withholding request form described in Subsections 20A-2-104(7) and (8)
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and any required verification, classify the individual's voter registration record as a
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private record.
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(5) The county clerk of an individual whose information is entered into the statewide voter
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registration database under Subsection (4) shall:
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(a) ensure that the individual meets the qualifications to be registered or preregistered to
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vote; and
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(b)(i) if the individual meets the qualifications to be registered to vote:
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(A) ensure that the individual is assigned to the proper voting precinct; and
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(B) send the individual the notice described in Section 20A-2-304; or
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(ii) if the individual meets the qualifications to be preregistered to vote, process the
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form in accordance with the requirements of Section 20A-2-101.1.
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(6)(a) When the county clerk receives a correctly completed voter registration form
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under this section, the clerk shall:
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(i) comply with the applicable provisions of this Subsection (6); or
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(ii) if the individual is preregistering to vote, comply with Section 20A-2-101.1.
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(b) If the county clerk receives a correctly completed voter registration form under this
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section no later than [5 p.m. or, if submitting the form electronically, midnight, 11] 21
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calendar days before the date of an election, the county clerk shall:
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(i) accept the voter registration form; and
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(ii) unless the individual is preregistering to vote:
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(A) enter the individual's name on the list of registered voters for the voting
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precinct in which the individual resides; and
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(B) notify the individual that the individual is registered to vote in the upcoming
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election; and
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(iii) if the individual named in the form is preregistering to vote, comply with Section
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20A-2-101.1.
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(c) If the county clerk receives a correctly completed voter registration form under this
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section after the deadline described in Subsection (6)(b), the county clerk shall,
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unless the individual named in the form is preregistering to vote:
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(i) accept the application for registration of the individual;
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(ii) process the voter registration form; and
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(iii) unless the individual is preregistering to vote, and except as provided in
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Subsection 20A-2-207(6), inform the individual that the individual will not be
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registered to vote in the pending election, unless the individual registers to vote by
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provisional ballot during the early voting period, if applicable, or on election day,
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in accordance with Section 20A-2-207.
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(7)(a) If the county clerk determines that an individual's voter registration form received
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from the Driver License Division is incorrect because of an error, because the form is
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incomplete, or because the individual does not meet the qualifications to be registered
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to vote, the county clerk shall mail notice to the individual stating that the individual
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has not been registered or preregistered because of an error, because the registration
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form is incomplete, or because the individual does not meet the qualifications to be
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registered to vote.
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(b) If a county clerk believes, based upon a review of a voter registration form, that an
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individual, who knows that the individual is not legally entitled to register or
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preregister to vote, may be intentionally seeking to register or preregister to vote, the
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county clerk shall refer the form to the county attorney for investigation and possible
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prosecution.
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Section 7. Section 20A-2-205 is amended to read:
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20A-2-205 . Registration at voter registration agencies.
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(1) As used in this section:
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(a) "Discretionary voter registration agency" means the same as that term is defined in
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Section 20A-2-300.5.
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(b) "Public assistance agency" means the same as that term is defined in Section
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20A-2-300.5.
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(2) An individual may obtain and complete a registration form at a public assistance agency
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or discretionary voter registration agency.
349 (3) Each public assistance agency and discretionary voter registration agency shall provide,
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either as part of existing forms or on a separate form, the following information in
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substantially the following form:
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"REGISTERING TO VOTE
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If you are not registered to vote where you live now, would you like to apply to register
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or preregister to vote here today? (The decision of whether to register or preregister to vote
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will not affect the amount of assistance that you will be provided by this agency.) Yes____
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No____ IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO
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HAVE DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If
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you would like help in filling out the voter registration form, we will help you. The decision
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about whether to seek or accept help is yours. You may fill out the application form in private.
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If you believe that someone has interfered with your right to register or preregister or to
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decline to register or preregister to vote, your right to privacy in deciding whether to register or
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preregister, or in applying to register or preregister to vote, or your right to choose your own
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political party or other political preference, you may file a complaint with the Office of the
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Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number
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of the Office of the Lieutenant Governor)."
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(4) Unless an individual applying for service or assistance from a public assistance agency
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or discretionary voter registration agency declines, in writing, to register or preregister to
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vote, each public assistance agency and discretionary voter registration agency shall:
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(a) distribute a voter registration form with each application for service or assistance
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provided by the agency or office;
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(b) assist applicants in completing the voter registration form unless the applicant
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refuses assistance;
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(c) accept completed forms for transmittal to the appropriate election official; and
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(d) transmit a copy of each voter registration form to the appropriate election official
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within five days after the day on which the division receives the voter registration
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form.
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(5) An individual in a public assistance agency or a discretionary voter registration agency
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that helps an applicant complete the voter registration form may not:
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(a) seek to influence an applicant's political preference or party registration;
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(b) display any political preference or party allegiance;
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(c) make any statement to an applicant or take any action that has the purpose or effect
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of discouraging the applicant from registering to vote; or
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(d) make any statement to an applicant or take any action that has the purpose or effect
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of leading the applicant to believe that a decision of whether to register or preregister
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has any bearing upon the availability of services or benefits.
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(6) If the county clerk receives a correctly completed voter registration form under this
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section no later than 5 p.m. [11] on the last business day that is no less than 21 calendar
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days before the date of an election, the county clerk shall:
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(a) accept and process the voter registration form;
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(b) unless the individual named in the form is preregistering to vote:
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(i) enter the applicant's name on the list of registered voters for the voting precinct in
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which the applicant resides; and
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(ii) notify the applicant that the applicant is registered to vote in the upcoming
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election; and
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(c) if the individual named in the form is preregistering to vote, comply with Section
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20A-2-101.1.
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(7) If the county clerk receives a correctly completed voter registration form after the
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deadline described in Subsection (6), the county clerk shall:
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(a) accept the application for registration of the individual; and
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(b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
401
individual that the individual will not be registered to vote in the pending election,
402
unless the individual registers to vote by provisional ballot during the early voting
- 12 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
403
period, if applicable, or on election day, in accordance with Section 20A-2-207.
404
(8) If the county clerk determines that a voter registration form received from a public
405
assistance agency or discretionary voter registration agency is incorrect because of an
406
error or because the voter registration form is incomplete, the county clerk shall mail
407
notice to the individual attempting to register or preregister to vote, stating that the
408
individual has not been registered or preregistered to vote because of an error or because
409
the voter registration form is incomplete.
410
Section 8. Section 20A-2-206 is amended to read:
411
20A-2-206 . Electronic registration.
412
(1) The lieutenant governor shall create and maintain an electronic system that is publicly
413
available on the Internet for an individual to apply for voter registration or
414
preregistration.
415
(2) An electronic system for voter registration or preregistration shall require:
416
(a) that an applicant have a valid driver license or state identification card, issued under
417
Title 53, Chapter 3, Uniform Driver License Act, that reflects the applicant's current
418
principal place of residence;
419
(b) that the applicant provide the information required by Section 20A-2-104, except
420
that the applicant's signature may be obtained in the manner described in Subsections
421
(2)(d) and (5);
422
(c) that the applicant attest to the truth of the information provided; and
423
(d) that the applicant authorize the lieutenant governor's and county clerk's use of the
424
applicant's:
425
(i) driver license or identification card signature, obtained under Title 53, Chapter 3,
426
Uniform Driver License Act, for voter registration purposes; or
427
(ii) signature on file in the lieutenant governor's statewide voter registration database
428
developed under Section 20A-2-502.
429
(3) Notwithstanding Section 20A-2-104, an applicant using the electronic system for voter
430
registration or preregistration created under this section is not required to complete a
431
printed registration form.
432
(4) A system created and maintained under this section shall provide the notices concerning
433
a voter's presentation of identification contained in Subsection 20A-2-104(1).
434
(5) The lieutenant governor shall:
435
(a) obtain a digital copy of the applicant's driver license or identification card signature
436
from the Driver License Division; or
- 13 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
437
(b) ensure that the applicant's signature is already on file in the lieutenant governor's
438
statewide voter registration database developed under Section 20A-2-502.
439
(6) The lieutenant governor shall send the information to the county clerk for the county in
440
which the applicant's principal place of residence is found for further action as required
441
by Section 20A-2-304 after:
442
(a) receiving all information from an applicant; and
443
(b)(i) receiving all information from the Driver License Division; or
444
(ii) ensuring that the applicant's signature is already on file in the lieutenant
445
governor's statewide voter registration database developed under Section
446
20A-2-502.
447
(7) The lieutenant governor may use additional security measures to ensure the accuracy
448
and integrity of an electronically submitted voter registration.
449
(8) If an individual applies to register under this section no later than [11] 21 calendar days
450
before the date of an election, the county clerk shall:
451
(a) accept and process the voter registration form;
452
(b) unless the individual named in the form is preregistering to vote:
453
(i) enter the applicant's name on the list of registered voters for the voting precinct in
454
which the applicant resides; and
455
(ii) notify the individual that the individual is registered to vote in the upcoming
456
election; and
457
(c) if the individual named in the form is preregistering to vote, comply with Section
458
20A-2-101.1.
459
(9) If an individual applies to register under this section after the deadline described in
460
Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
461
(a) accept the application for registration; and
462
(b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
463
individual that the individual will not be registered to vote in the pending election,
464
unless the individual registers to vote by provisional ballot during the early voting
465
period, if applicable, or on election day, in accordance with Section 20A-2-207.
466
(10) The lieutenant governor shall provide a means by which a registered voter shall sign
467
the application form.
468
Section 9. Section 20A-2-301 is amended to read:
469
20A-2-301 . County clerk responsibilities -- Voter registration forms.
470
(1) Each county clerk shall provide voter registration forms for use in the voter registration
- 14 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
471
process.
472
(2)(a) Each county clerk shall provide a copy of the voter registration form to each
473
public assistance agency and discretionary voter registration agency.
474
(b) Each county clerk may provide a copy of the voter registration form to public school
475
districts and nonpublic schools as provided in Section 20A-2-302.
476
(3)(a) The clerk shall make a copy of the voter registration form available to any person
477
upon request.
478
(b) A person may make multiple copies of the voter registration form at the person's own
479
expense.
480
(c) A person shall provide all completed voter registration forms in the person's
481
possession to the county clerk at or before 5 p.m. on the [day of the voter registration
482
deadline] last business day that is at least 21 days before the date of the election.
483
(4) The county clerk may not refuse to register an individual to vote for failing to provide a
484
telephone number on the voter registration form.
485
(5)(a) It is unlawful for any person in possession of a completed voter registration form,
486
other than the person's own completed voter registration form, to willfully fail or
487
refuse to timely deliver the completed voter registration form to the county clerk.
488
(b) A person who violates this Subsection (5) is guilty of a class B misdemeanor.
489
Section 10. Section 20A-3a-202 is amended to read:
490
20A-3a-202 . Conducting election by mail.
491
(1)(a) Except as otherwise provided for an election conducted entirely by mail under
492
Section 20A-7-609.5, an election officer shall administer an election primarily by
493
mail, in accordance with this section.
494
(b) An individual who did not provide valid voter identification at the time the voter
495
registered to vote shall provide valid voter identification before voting.
496
(2) An election officer who administers an election:
497
(a) shall in accordance with Subsection (3), no sooner than 21 days before election day
498
and no later than seven days before election day, mail to each active voter within a
499
voting precinct:
500
(i) a manual ballot;
501
(ii) a return envelope;
502
(iii) instructions for returning the ballot that include an express notice about any
503
relevant deadlines that the voter must meet in order for the voter's vote to be
504
counted;
- 15 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
505
(iv) for an election administered by a county clerk, information regarding the location
506
and hours of operation of any election day voting center at which the voter may
507
vote or a website address where the voter may view this information;
508
(v) for an election administered by an election officer other than a county clerk, if the
509
election officer does not operate a polling place or an election day voting center, a
510
warning, on a separate page of colored paper in bold face print, indicating that if
511
the voter fails to follow the instructions included with the ballot, the voter will be
512
unable to vote in that election because there will be no polling place for the voting
513
precinct on the day of the election; and
514
(vi) instructions on how a voter may sign up to receive electronic ballot status
515
notifications via the ballot tracking system described in Section 20A-3a-401.5;
516
(b) may not mail a ballot under this section to:
517
(i) an inactive voter, unless the inactive voter requests a manual ballot; or
518
(ii) a voter whom the election officer is prohibited from sending a ballot under
519
Subsection (9)(c)(ii);
520
(c) shall, on the outside of the envelope in which the election officer mails the ballot,
521
include instructions for returning the ballot if the individual to whom the election
522
officer mails the ballot does not live at the address to which the ballot is sent;
523
(d) shall provide a method of accessible voting to a voter with a disability who is not
524
able to vote by mail; and
525
(e) shall include, on the election officer's website and with each ballot mailed,
526
instructions regarding how a voter described in Subsection (2)(d) may vote.
527
(3)(a) An election officer who mails a manual ballot under Subsection (2) shall mail the
528
manual ballot to the address:
529
(i) provided at the time of registration; or
530
(ii) if, at or after the time of registration, the voter files an alternate address request
531
form described in Subsection (3)(b), the alternate address indicated on the form.
532
(b) The lieutenant governor shall make available to voters an alternate address request
533
form that permits a voter to request that the election officer mail the voter's ballot to a
534
location other than the voter's residence.
535
(c) A voter shall provide the completed alternate address request form to the election
536
officer no later than 11 days before the day of the election.
537
(d) The last day on which a voter, who will not otherwise receive a ballot by mail under
538
Subsection (2) for an upcoming election, may request to receive a ballot by mail is 14
- 16 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
539
days before the date of the election.
540
(e) The last day on which a voter may change the address to which an election officer
541
will mail a ballot under Subsection (2) for an upcoming election is 14 days before the
542
date of the election.
543
(4) The return envelope shall include:
544
(a) the name, official title, and post office address of the election officer on the front of
545
the envelope;
546
(b) a space where a voter may write an email address and phone number by which the
547
election officer may contact the voter if the voter's ballot is rejected;
548 (c) a printed affidavit in substantially the following form:
549
"County of ____State of ____
550
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
551
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
552
currently incarcerated for commission of a felony.
553
______________________________
554
Signature of Voter"; and
555
(d) a warning that the affidavit must be signed by the individual to whom the ballot was
556
sent and that the ballot will not be counted if the signature on the affidavit does not
557
match the signature on file with the election officer of the individual to whom the
558
ballot was sent.
559
(5) If the election officer determines that the voter is required to show valid voter
560
identification, the election officer may:
561
(a) mail a ballot to the voter;
562
(b) instruct the voter to include a copy of the voter's valid voter identification with the
563
return ballot; and
564
(c) provide instructions to the voter on how the voter may sign up to receive electronic
565
ballot status notifications via the ballot tracking system described in Section
566
20A-3a-401.5.
567
(6) An election officer who administers an election shall:
568
(a)(i) before the election, obtain the signatures of each voter qualified to vote in the
569
election; or
570
(ii) obtain the signature of each voter within the voting precinct from the county
571
clerk; and
572
(b) maintain the signatures on file in the election officer's office.
- 17 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
573
(7) Upon receipt of a returned ballot, the election officer shall review and process the ballot
574
under Section 20A-3a-401.
575
(8) A county that administers an election:
576
(a) shall provide at least one election day voting center in accordance with Part 7,
577
Election Day Voting Center, and at least one additional election day voting center for
578
every 5,000 active voters in the county who have requested to not receive a ballot by
579
mail;
580
(b) shall ensure that each election day voting center operated by the county has at least
581
one voting device that is accessible, in accordance with the Help America Vote Act
582
of 2002, Pub. L. No. 107-252, for individuals with disabilities;
583
(c) may reduce the early voting period described in Section 20A-3a-601, if:
584
(i) the county clerk conducts early voting on at least four days;
585
(ii) the early voting days are within the period beginning on the date that is 14 days
586
before the date of the election and ending on the day before the election; and
587
(iii) the county clerk provides notice of the reduced early voting period in accordance
588
with Section 20A-3a-604; and
589
(d) is not required to pay return postage for a ballot.
590
(9)(a) An individual may request that the election officer not send the individual a ballot
591
by mail in the next and subsequent elections by submitting a written request to the
592
election officer.
593
(b) An individual shall submit the request described in Subsection (9)(a) to the election
594
officer before 5 p.m. no later than 60 days before an election if the individual does
595
not wish to receive a ballot by mail in that election.
596
(c) An election officer who receives a request from an individual under Subsection (9)(a):
597
(i) shall remove the individual's name from the list of voters who will receive a ballot
598
by mail; and
599
(ii) may not send the individual a ballot by mail for:
600
(A) the next election, if the individual submits the request described in Subsection
601
(9)(a) before the deadline described in Subsection (9)(b); or
602
(B) an election after the election described in Subsection (9)(c)(ii)(A).
603
(d) An individual who submits a request under Subsection (9)(a) may resume the
604
individual's receipt of a ballot by mail by submitting a written request to the election
605
officer.
606
Section 11. Section 20A-3a-203 is amended to read:
- 18 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
607
20A-3a-203 . Voting at a polling place.
608
(1) Except as provided in Section 20A-7-609.5, a registered voter may vote at a polling
609
place in an election in accordance with this section.
610
(2)(a) The voter shall give the voter's name, and, if requested, the voter's residence, to
611
one of the poll workers.
612
(b) The voter shall present valid voter identification to one of the poll workers.
613
(c) If the poll worker is not satisfied that the voter has presented valid voter
614
identification, the poll worker shall:
615
(i) indicate on the official register that the voter was not properly identified;
616
(ii) issue the voter a provisional ballot;
617
(iii) notify the voter that the voter will have until [the close of normal office hours] 5
618
p.m. on Monday after the day of the election to present valid voter identification:
619
(A) to the county clerk at the county clerk's office; or
620
(B) to an election officer who is administering the election; and
621
(iv) follow the procedures and requirements of Section 20A-3a-205.
622
(d) If the person's right to vote is challenged as provided in Section 20A-3a-803, the poll
623
worker shall follow the procedures and requirements of Section 20A-3a-205.
624
(3) A poll worker shall check the official register to determine whether:
625
(a) a voter is registered to vote; and
626
(b) if the election is a regular primary election or a presidential primary election,
627
whether a voter's party affiliation designation in the official register allows the voter
628
to vote the ballot that the voter requests.
629
(4)(a) Except as provided in Subsection (5), if the voter's name is not found on the
630
official register, the poll worker shall follow the procedures and requirements of
631
Section 20A-3a-205.
632
(b) If, in a regular primary election or a presidential primary election, the official register
633
does not affirmatively identify the voter as being affiliated with a registered political
634
party or if the official register identifies the voter as being "unaffiliated," the voter
635
shall be considered to be "unaffiliated."
636
(5) In a regular primary election or a presidential primary election:
637
(a) if a voter's name is not found on the official register, and if it is not unduly disruptive
638
to the election process, the poll worker may attempt to contact the county clerk's
639
office to request oral verification of the voter's registration;
640
(b) if oral verification is received from the county clerk's office, the poll worker shall:
- 19 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
641
(i) record the verification on the official register;
642
(ii) determine the voter's party affiliation and the ballot that the voter is qualified to
643
vote; and
644
(iii) except as provided in Subsection (6), comply with Subsection (3).
645
(6)(a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
646
presidential primary election, the voter's political party affiliation listed in the official
647
register does not allow the voter to vote the ballot that the voter requested, the poll
648
worker shall inform the voter of that fact and inform the voter of the ballot or ballots
649
that the voter's party affiliation does allow the voter to vote.
650
(b) If, in a regular primary election or a presidential primary election, the voter is listed
651
in the official register as unaffiliated, or if the official register does not affirmatively
652
identify the voter as either unaffiliated or affiliated with a registered political party,
653
and the voter, as an unaffiliated voter, is not authorized to vote the ballot that the
654
voter requests, the poll worker shall:
655
(i) ask the voter if the voter wishes to vote another registered political party ballot
656
that the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
657
(ii)(A) if the voter wishes to vote another registered political party ballot that the
658
unaffiliated voter is authorized to vote, the poll worker shall proceed as
659
required by Subsection (3); or
660
(B) if the voter wishes to remain unaffiliated and does not wish to vote another
661
ballot that unaffiliated voters are authorized to vote, the poll worker shall
662
instruct the voter that the voter may not vote.
663
(7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions of
664
Subsection (6), if the poll worker determines that the voter is registered, a poll worker
665
shall:
666
(a) direct the voter to sign the voter's name in the official register;
667
(b) provide to the voter the ballot that the voter is qualified to vote; and
668
(c) allow the voter to enter the voting booth.
669
Section 12. Section 20A-3a-401 is amended to read:
670
20A-3a-401 . Custody of voted ballots mailed or deposited in a ballot drop box --
671
Disposition -- Notice -- Disclosures relating to unresolved ballots.
672
(1) This section governs ballots returned by mail or via a ballot drop box.
673
(2)(a) Poll workers shall open return envelopes containing manual ballots that are in the
674
custody of the poll workers in accordance with this section.
- 20 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
675
(b) The poll workers shall, first, compare the signature of the voter on the affidavit of the
676
return envelope to the signature of the voter in the voter registration records.
677
(3) After complying with Subsection (2), the poll workers shall determine whether:
678
(a) the signatures correspond;
679
(b) the affidavit is sufficient;
680
(c) the voter is registered to vote in the correct precinct;
681
(d) the voter's right to vote the ballot has been challenged;
682
(e) the voter has already voted in the election;
683
(f) the voter is required to provide valid voter identification; and
684
(g) if the voter is required to provide valid voter identification, whether the voter has
685
provided valid voter identification.
686
(4)(a) The poll workers shall take the action described in Subsection (4)(b) if the poll
687
workers determine:
688
(i) in accordance with the rules made under Subsection (11):
689
(A) that the signature on the affidavit of the return envelope is reasonably
690
consistent with the individual's signature in the voter registration records; or
691
(B) for an individual who checks the box described in Subsection (5)(c)(v), that
692
the signature is verified by alternative means;
693
(ii) that the affidavit is sufficient;
694
(iii) that the voter is registered to vote in the correct precinct;
695
(iv) that the voter's right to vote the ballot has not been challenged;
696
(v) that the voter has not already voted in the election; and
697
(vi) for a voter required to provide valid voter identification, that the voter has
698
provided valid voter identification.
699
(b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
700
workers shall:
701
(i) remove the manual ballot from the return envelope in a manner that does not
702
destroy the affidavit on the return envelope;
703
(ii) ensure that the ballot does not unfold and is not otherwise examined in
704
connection with the return envelope; and
705
(iii) place the ballot with the other ballots to be counted.
706
(c) If the poll workers do not make all of the findings described in Subsection (4)(a), the
707
poll workers shall:
708
(i) disallow the vote;
- 21 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
709
(ii) without opening the return envelope, record the ballot as "rejected" and state the
710
reason for the rejection; and
711
(iii) place the return envelope, unopened, with the other rejected return envelopes.
712
(5)(a) If the poll workers reject an individual's ballot because the poll workers
713
determine, in accordance with rules made under Subsection (11), that the signature
714
on the return envelope is not reasonably consistent with the individual's signature in
715
the voter registration records, the election officer shall:
716
(i) contact the individual in accordance with Subsection (6); and
717
(ii) inform the individual:
718
(A) that the individual's signature is in question;
719
(B) how the individual may resolve the issue; and
720
(C) that, in order for the ballot to be counted, the individual is required to deliver
721
to the election officer a correctly completed affidavit, provided by the county
722
clerk, that meets the requirements described in Subsection (5)(c).
723
(b) The election officer shall ensure that the notice described in Subsection (5)(a)
724
includes:
725
(i) when communicating the notice by mail, a printed copy of the affidavit described
726
in Subsection (5)(c) and a courtesy reply envelope;
727
(ii) when communicating the notice electronically, a link to a copy of the affidavit
728
described in Subsection (5)(c) or information on how to obtain a copy of the
729
affidavit; or
730
(iii) when communicating the notice by phone, either during a direct conversation
731
with the voter or in a voicemail, arrangements for the voter to receive a copy of
732
the affidavit described in Subsection (5)(c), either in person from the clerk's
733
office, by mail, or electronically.
734
(c) An affidavit described in Subsection (5)(a)(ii)(C) shall include:
735
(i) an attestation that the individual voted the ballot;
736
(ii) a space for the individual to enter the individual's name, date of birth, and driver
737
license number or the last four digits of the individual's social security number;
738
(iii) a space for the individual to sign the affidavit;
739
(iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
740
governor's and county clerk's use of the individual's signature on the affidavit for
741
voter identification purposes; and
742
(v) a check box accompanied by language in substantially the following form: "I am
- 22 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
743
a voter with a qualifying disability under the Americans with Disabilities Act that
744
impacts my ability to sign my name consistently. I can provide appropriate
745
documentation upon request. To discuss accommodations, I can be contacted at
746
__________________".
747
(d) In order for an individual described in Subsection (5)(a) to have the individual's
748
ballot counted, the individual shall deliver the affidavit described in Subsection (5)(c)
749
to the election officer.
750
(e) An election officer who receives a signed affidavit under Subsection (5)(d) shall
751
immediately:
752
(i) scan the signature on the affidavit electronically and keep the signature on file in
753
the statewide voter registration database developed under Section 20A-2-502;
754
(ii) if the election officer receives the affidavit no later than 5 p.m. three days before
755
the day on which the canvass begins, count the individual's ballot; and
756
(iii) if the check box described in Subsection (5)(c)(v) is checked, comply with the
757
rules described in Subsection (11)(c).
758
(6)(a) The election officer shall, within two business days after the day on which an
759
individual's ballot is rejected, notify the individual of the rejection and the reason for
760
the rejection, by phone, mail, email, or [SMS ]text message, unless:
761
(i) the ballot is cured within one business day after the day on which the ballot is
762
rejected; or
763
(ii) the ballot is rejected because the ballot is received late or for another reason that
764
cannot be cured.
765
(b) If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii), the
766
election officer shall notify the individual of the rejection and the reason for the
767
rejection by phone, mail, email, or [SMS ]text message, within the later of:
768
(i) 30 days after the day of the rejection; or
769
(ii) 30 days after the day of the election.
770
(c) The election officer may, when notifying an individual by phone under this
771
Subsection (6), use auto-dial technology.
772
(7) An election officer may not count the ballot of an individual whom the election officer
773
contacts under Subsection (5) or (6) unless, no later than 5 p.m. three days before the
774
day on which the canvass begins, the election officer:
775
(a) receives a signed affidavit from the individual under Subsection (5); or
776
(b)(i) contacts the individual;
- 23 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
777
(ii) if the election officer has reason to believe that an individual, other than the voter
778
to whom the ballot was sent, signed the ballot affidavit, informs the individual that
779
it is unlawful to sign a ballot affidavit for another person, even if the person gives
780
permission;
781
(iii) verifies the identity of the individual by:
782
(A) requiring the individual to provide at least two types of personal identifying
783
information for the individual; and
784
(B) comparing the information provided under Subsection (7)(b)(iii)(A) to records
785
relating to the individual that are in the possession or control of an election
786
officer; and
787
(iv) documenting the verification described in Subsection (7)(b)(iii), by recording:
788
(A) the name and voter identification number of the individual contacted;
789
(B) the name of the individual who conducts the verification;
790
(C) the date and manner of the communication;
791
(D) the type of personal identifying information provided by the individual;
792
(E) a description of the records against which the personal identifying information
793
provided by the individual is compared and verified; and
794
(F) other information required by the lieutenant governor.
795
(8) The election officer shall:
796
(a) retain and preserve the return envelopes in the manner provided by law for the
797
retention and preservation of ballots voted at that election;
798
(b) retain and preserve the documentation described in Subsection (7)(b)(iv); and
799
(c) if the election officer complies with Subsection (8)(b) by including the
800
documentation in the voter's voter registration record, make, retain, and preserve a
801
record of the name and voter identification number of each voter contacted under
802
Subsection (7)(b).
803
(9)(a) The election officer shall record the following in the database used to verify
804
signatures:
805
(i) any initial rejection of a ballot under Subsection (4)(c), within one business day
806
after the day on which the election officer rejects the ballot; and
807
(ii) any resolution of a rejection of a ballot under Subsection (7), within one business
808
day after the day on which the ballot rejection is resolved.
809
(b) An election officer shall include, in the canvass report, a final report of the
810
disposition of all rejected and resolved ballots, including, for ballots rejected, the
- 24 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
811
following:
812
(i) the number of ballots rejected because the voter did not sign the [voter's ballot]
813
return envelope; and
814
(ii) the number of ballots rejected because the voter's signatures on the [ballot] return
815
envelope, and in records on file, do not correspond.
816
(10) Willful failure to comply with this section constitutes willful neglect of duty under
817
Section 20A-5-701.
818
(11) The director of elections within the Office of the Lieutenant Governor shall make
819
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
820
establish:
821
(a) criteria and processes for use by poll workers in determining if a signature
822
corresponds with the signature on file for the voter under Subsections (3)(a) and
823
(4)(a)(i)(A);
824
(b) training and certification requirements for election officers and employees of election
825
officers regarding the criteria and processes described in Subsection (11)(a); and
826
(c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C.
827
Secs. 12131 through 12165, an alternative means of verifying the identity of an
828
individual who checks the box described in Subsection (5)(c)(v).
829
(12) Subject to Subsection (13), if, in response to a request, and in accordance with the
830
requirements of law, an election officer discloses the name or address of voters whose
831
ballots have been rejected and not yet resolved, the election officer shall:
832
(a) make the disclosure within two business days after the day on which the request is
833
made;
834
(b) respond to each request in the order the requests were made; and
835
(c) make each disclosure in a manner, and within a period of time, that does not reflect
836
favoritism to one requestor over another.
837
(13) A disclosure described in Subsection (12) may not include the name or address of a
838
protected individual, as defined in Subsection 20A-2-104(1).
839
Section 13. Section 20A-3a-405 is amended to read:
840
20A-3a-405 . Public notice regarding ballot processing.
841
(1) Except as provided in Subsection [(5)(a)] (4), an election officer shall post and update
842
the data described in Subsection (2) on the election officer's website, on the following
843
days, after the election officer finishes processing ballots on that day:
844
(a) the day on which the election officer begins mailing ballots;
- 25 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
845
(b) each Monday, Wednesday, and Friday after the day described in Subsection (1)(a),
846
until the final posting described in Subsection (1)(c); and
847
(c) the Wednesday after the day of the election.
848
(2) The data that an election officer is required to post under Subsection (1) includes:
849
(a) the number of ballots in the county clerk's possession; and
850
(b) of the number of ballots described in Subsection (2)(a):
851
(i) the number of ballots that have not yet begun processing;
852
(ii) the number of ballots in process; and
853
(iii) the number of ballots processed.
854
[(3) Except as provided in Subsection (5)(b), an election officer shall post and update the
855
data described in Subsection (4) on the election officer's website on the following days:]
856
[(a) the Friday after the day of the election;]
857
[(b) each Monday, Wednesday, and Friday after the day described in Subsection (3)(a),
858
until the final posting described in Subsection (3)(c); and]
859
[(c) on the last day of the canvass.]
860
[(4)] (3) [The data that an ] An election officer [is required to post under Subsection (3)
861
includes] shall, on the day of the election canvass, publicly post the following
862
information on the election officer's website:
863
(a) [a best estimate of the number of ballots received, to date,] the number of ballots
864
received by the election officer;
865
(b) the number of ballots [in possession of] rejected by the election officer that [have
866
been rejected and are not yet] were timely cured;
867
(c) the number of ballots rejected by the election officer that were not timely cured, or
868
could not be cured;
869
[(c)] (d) the number of provisional ballots [in the possession of the election officer that
870
have not been ]processed by the election officer that were counted;
871
(e) the number of provisional ballots in the possession of the election officer that were
872
not counted; and
873
[(d) the number of ballots that need to be adjudicated, but have not yet been adjudicated;]
874
[(e) the number of ballots awaiting replication; and]
875
(f) the number of ballots [that have been ]replicated.
876
[(5)] (4)[(a)] An election officer is not required to update the data described in
877
Subsection (2) on a Monday if the election officer does not process any ballots the
878
preceding Saturday or Sunday.
- 26 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
879
[(b) An election officer is not required to update the data described in Subsection (4) on
880
a Monday if the election officer does not process any ballots the preceding Saturday
881
or Sunday.]
882
Section 14. Section 20A-3a-807 is amended to read:
883
20A-3a-807 . Notification of ballot processes.
884
(1) As used in this section, "ballot process" includes:
885
(a) signature verification;
886
(b) opening ballots;
887
(c) scanning ballots;
888
(d) adjudicating ballots;
889
(e) replicating damaged or defective ballots; or
890
(f) tabulating votes.
891
(2) A county clerk shall:
892
(a) beginning at least three days before the day on which the county clerk begins mailing
893
ballots for an election, and ending on the first day of the canvass, post on the county
894
clerk's website a schedule of the hours, over the next three days, during which the
895
county clerk plans to conduct one or more ballot processes; and
896
(b) update any changes to the schedule at least 24 hours before the clerk modifies the
897
hours.
898
(3) Subsection (2) does not prohibit a county clerk from continuing a ballot process after
899
the hours posted, if:
900
(a) the county clerk begins the ballot process during the scheduled time; and
901
(b) at the end of the scheduled time, the county clerk continues the ballot process,
902
without a disruption of longer than 15 minutes.
903
Section 15. Section 20A-4-104 is amended to read:
904
20A-4-104 . Counting ballots electronically -- Notice of testing tabulating
905
equipment.
906
(1)(a) Before beginning to count ballots using automatic tabulating equipment, the
907
election officer shall test the automatic tabulating equipment to ensure that it will
908
accurately count the votes cast for all offices and all measures.
909
(b) The election officer shall provide public notice of the time and place of the test by
910
publishing the notice, as a class A notice under Section 63G-30-102, for the county,
911
municipality, or jurisdiction where the equipment is used, for at least 10 days before
912
the day of the test.
- 27 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
913
(c) The election officer shall conduct the test by processing a preaudited group of ballots.
914
(d) The election officer shall ensure that:
915
(i) a predetermined number of valid votes for each candidate and measure are
916
recorded on the ballots;
917
(ii) for each office, one or more ballots have votes in excess of the number allowed
918
by law in order to test the ability of the automatic tabulating equipment to reject
919
those votes; and
920
(iii) a different number of valid votes are assigned to each candidate for an office, and
921
for and against each measure.
922
(e) If any error is detected, the election officer shall determine the cause of the error and
923
correct it.
924
(f) The election officer shall ensure that:
925
(i) the automatic tabulating equipment produces an errorless count before beginning
926
the actual counting; and
927
(ii) before the election returns are approved as official , the automatic [tabuating]
928
tabulating equipment passes a post election audit conducted in accordance with
929
the rules described in Subsection 20A-1-108(1).
930
(2)(a) The election officer or the election officer's designee shall supervise and direct all
931
proceedings at the counting center.
932
(b)(i) Proceedings at the counting center are public and may be observed by
933
interested persons.
934
(ii) Only those persons authorized to participate in the count may touch any ballot or
935
return.
936
(c) The election officer shall deputize and administer an oath or affirmation to all
937
persons who are engaged in processing and counting the ballots that they will
938
faithfully perform their assigned duties.
939
(3)(a) If any ballot is damaged or defective so that it cannot properly be counted by the
940
automatic tabulating equipment, the election officer shall ensure that two counting
941
judges jointly:
942
(i) make a true replication of the ballot with an identifying serial number;
943
(ii) substitute the replicated ballot for the damaged or defective ballot;
944
(iii) label the replicated ballot "replicated"; and
945
(iv) record the replicated ballot's serial number on the damaged or defective ballot.
946
(b) The lieutenant governor shall provide to each election officer a standard form on
- 28 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
947
which the election officer shall maintain a log of all replicated ballots, that includes,
948
for each ballot:
949
(i) the serial number described in Subsection (3)(a);
950
(ii) the identification of the individuals who replicated the ballot;
951
(iii) the reason for the replication; and
952
(iv) any other information required by the lieutenant governor.
953
(c) An election officer shall:
954
(i) maintain the log described in Subsection (3)(b) in a complete and legible manner,
955
as ballots are replicated;
956
(ii) at the end of each day during which one or more ballots are replicated, make an
957
electronic copy of the log; and
958
(iii) keep each electronic copy made under Subsection (3)(c)(ii) for at least 22 months.
959
[(4) The election officer may:]
960
[(a) conduct an unofficial count before conducting the official count in order to provide
961
early unofficial returns to the public;]
962
[(b) release unofficial returns from time to time after the polls close; and]
963
[(c) report the progress of the count for each candidate during the actual counting of
964
ballots.]
965
[(5) Beginning on the day after the date of the election, if an election officer releases early
966
unofficial returns or reports the progress of the count for each candidate under
967
Subsection (4), the election officer shall, with each release or report, disclose an estimate
968
of the total number of voted ballots in the election officer's custody that have not yet
969
been counted.]
970
[(6)] (4) The election officer shall review and evaluate the provisional ballot envelopes and
971
prepare any valid provisional ballots for counting as provided in Section 20A-4-107.
972
[(7)] (5)(a) The election officer or the election officer's designee shall:
973
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
974
(ii) complete the standard form provided by the clerk for recording valid write-in
975
votes.
976
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
977
more votes for an office than that voter is entitled to vote for that office, the poll
978
workers shall count the valid write-in vote as being the obvious intent of the voter.
979
[(8)] (6)(a) The election officer shall certify the return printed by the automatic tabulating
980
equipment, to which have been added write-in and absentee votes, as the official
- 29 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
981
return of each voting precinct.
982
(b) Upon completion of the count, the election officer shall make official returns open to
983
the public.
984
[(9)] (7) If for any reason it becomes impracticable to count all or a part of the ballots with
985
tabulating equipment, the election officer may direct that they be counted manually
986
according to the procedures and requirements of this part.
987
[(10)] (8) After the count is completed, the election officer shall seal and retain the
988
programs, test materials, and ballots as provided in Section 20A-4-202.
989
Section 16. Section 20A-4-104.5 is enacted to read:
990
20A-4-104.5 . Deadlines for tabulating ballots and disclosing tabulations --
991
Reporting unofficial results.
992
(1) Except as provided in Subsection (4), an election officer shall, before 11:30 p.m. on
993
election day, complete the tabulation of the following ballots:
994
(a) all ballots cast in person during early voting;
995
(b) all ballots cast in person on election day;
996
(c) all ballots received by mail before election day;
997
(d) all ballots deposited in a ballot drop box before election day; and
998
(e) all provisional ballots that the election officer determines, before the polls close on
999
election day, can legally be counted.
1000
(2) Except as provided in Subsection (4), an election officer shall, before 11:30 p.m. on the
1001
day after election day, complete the tabulation of the following ballots:
1002
(a) all ballots received by mail on election day;
1003
(b) all ballots deposited in a ballot drop box on election day;
1004
(c) all provisional ballots that the election officer determines, before 8 p.m. on the day
1005
after election day, can legally be counted; and
1006
(d) all other ballots counted that were not included in the tabulation described in
1007
Subsection (1).
1008
(3) The election officer:
1009
(a) shall publicly release the tabulation results described in Subsection (1) between
1010
11:30 p.m. and midnight on election day;
1011
(b) shall publicly release the sum of the tabulation results described in Subsection (2),
1012
and all other ballots tabulated before the tabulation described in Subsection (2),
1013
between 11:30 p.m. and midnight on the day after election day;
1014
(c) shall release updated tabulation results on each day after the day described in
- 30 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1015
Subsection (3)(b) that the election officer counts additional ballots; and
1016
(d) may release updated tabulation results more often than the times required under
1017
Subsections (3)(a) through (c).
1018
(4) An election officer is not required to include in a tabulation described in Subsection (1)
1019
or (2):
1020
(a) a ballot received by mail, or placed in a ballot drop box, that is rejected and has not
1021
yet been resolved; or
1022
(b) a provisional ballot that the election officer has not yet determined can legally be
1023
counted.
1024
(5) Beginning on the day after election day, the election officer shall, with each release
1025
described in Subsections (3)(b) through (d), disclose an estimate of the total number of
1026
voted ballots in the election officer's custody that have not yet been counted.
1027
(6) No later than noon on the Monday after the day of the election, an election officer shall
1028
release unofficial election results for each race or other matter voted on at the election,
1029
except for a race or other matter that is too close to call.
1030
Section 17. Section 20A-4-107 is amended to read:
1031
20A-4-107 . Review and disposition of provisional ballot envelopes.
1032
(1) As used in this section, an individual is "legally entitled to vote" if:
1033
(a) the individual:
1034
(i) is registered to vote in the state;
1035
(ii) votes the ballot for the voting precinct in which the individual resides; and
1036
(iii) provides valid voter identification to the poll worker;
1037
(b) the individual:
1038
(i) is registered to vote in the state;
1039
(ii)(A) provided valid voter identification to the poll worker; or
1040
(B) either failed to provide valid voter identification or the documents provided as
1041
valid voter identification were inadequate and the poll worker recorded that
1042
fact in the official register but the county clerk verifies the individual's identity
1043
and residence through some other means; and
1044
(iii) did not vote in the individual's precinct of residence, but the ballot that the
1045
individual voted was from the individual's county of residence and includes one or
1046
more candidates or ballot propositions on the ballot voted in the individual's
1047
precinct of residence; or
1048
(c) the individual:
- 31 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1049
(i) is registered to vote in the state;
1050
(ii) either failed to provide valid voter identification or the documents provided as
1051
valid voter identification were inadequate and the poll worker recorded that fact in
1052
the official register; and
1053
(iii)(A) the county clerk verifies the individual's identity and residence through
1054
some other means as reliable as photo identification; or
1055
(B) the individual provides valid voter identification to the county clerk or an
1056
election officer who is administering the election by the close of normal office
1057
hours on Monday after the date of the election.
1058
(2)(a) Upon receipt of a provisional ballot form, the election officer shall review the
1059
affirmation on the provisional ballot form and determine if the individual signing the
1060
affirmation is:
1061
(i) registered to vote in this state; and
1062
(ii) legally entitled to vote:
1063
(A) the ballot that the individual voted; or
1064
(B) if the ballot is from the individual's county of residence, for at least one ballot
1065
proposition or candidate on the ballot that the individual voted.
1066
(b) Except as provided in Section 20A-2-207, if the election officer determines that the
1067
individual is not registered to vote in this state or is not legally entitled to vote in the
1068
county or for any of the ballot propositions or candidates on the ballot that the
1069
individual voted, the election officer shall retain the ballot form, uncounted, for the
1070
period specified in Section 20A-4-202 unless ordered by a court to produce or count
1071
it.
1072
(c) If the election officer determines that the individual is registered to vote in this state
1073
and is legally entitled to vote in the county and for at least one of the ballot
1074
propositions or candidates on the ballot that the individual voted, the election officer
1075
shall place the provisional ballot with the regular ballots to be counted with those
1076
ballots at the canvass.
1077
(d) The election officer may not count, or allow to be counted a provisional ballot unless
1078
the individual's identity and residence is established by a preponderance of the
1079
evidence.
1080
(3) If the election officer determines that the individual is registered to vote in this state, or
1081
if the voter registers to vote in accordance with Section 20A-2-207, the election officer
1082
shall ensure that the voter registration records are updated to reflect the information
- 32 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1083
provided on the provisional ballot form.
1084
(4) Except as provided in Section 20A-2-207, if the election officer determines that the
1085
individual is not registered to vote in this state and the information on the provisional
1086
ballot form is complete, the election officer shall:
1087
(a) consider the provisional ballot form a voter registration form for the individual's
1088
county of residence; and
1089
(b)(i) register the individual if the individual's county of residence is within the
1090
county; or
1091
(ii) forward the voter registration form to the election officer of the individual's
1092
county of residence, which election officer shall register the individual.
1093
(5) Notwithstanding any provision of this section, the election officer shall place a
1094
provisional ballot with the regular ballots to be counted with those ballots at the canvass,
1095
if:
1096
(a)(i) the election officer determines, in accordance with the provisions of this
1097
section, that the sole reason a provisional ballot may not otherwise be counted is
1098
because the voter registration was filed less than [11] 21 days before the election;
1099
(ii) [11] 21 or more days before the election, the individual who cast the provisional
1100
ballot:
1101
(A) completed and signed the voter registration; and
1102
(B) provided the voter registration to another person to file;
1103
(iii) the late filing was made due to the individual described in Subsection
1104
(5)(a)(ii)(B) filing the voter registration late; and
1105
(iv) the election officer receives the voter registration before 5 p.m. no later than one
1106
day before the day of the election; or
1107
(b) the provisional ballot is cast on or before election day and is not otherwise prohibited
1108
from being counted under the provisions of this chapter.
1109
Section 18. Section 20A-4-109 is amended to read:
1110
20A-4-109 . Ballot reconciliation -- Rulemaking authority.
1111
(1) In accordance with this section and rules made under Subsection (2), an election officer
1112
whose office processes ballots shall:
1113
(a) conduct ballot reconciliations[ every time ] :
1114
(i) at the end of each day on which ballots are tabulated; or
1115
(ii) if ballot tabulation of a grouping of ballots continues past midnight, as soon as the
1116
office finishes tabulating those ballots;
- 33 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1117
(b) conduct a final ballot reconciliation when an election officer concludes processing all
1118
ballots;
1119
(c) document each ballot reconciliation;
1120
(d) publicly release the results of each ballot reconciliation; and
1121
(e) in conducting ballot reconciliations:
1122
(i) ensure that the sum of the number of uncounted verified ballots and the number of
1123
ballots tabulated is equal to the number of voters given credit for voting; or
1124
(ii) if the sum described in Subsection (1)(e)(i) is not equal to the number of voters
1125
given credit for voting, account for and explain the differences in the numbers.
1126
(2) The director of elections within the Office of the Lieutenant Governor may make rules,
1127
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
1128
establishing procedures and requirements for conducting, documenting, and publishing a
1129
ballot reconciliation.
1130
Section 19. Section 20A-5-403.5 is amended to read:
1131
20A-5-403.5 . Ballot drop boxes -- Notice.
1132
(1)(a) An election officer:
1133
(i) shall designate at least one ballot drop box in each municipality and reservation
1134
located in the jurisdiction to which the election relates;
1135
(ii) may designate additional ballot drop boxes for the election officer's jurisdiction;
1136
(iii) shall clearly mark each ballot drop box as an official ballot drop box for the
1137
election officer's jurisdiction;
1138
(iv) shall provide 24-hour recorded video surveillance, without audio, of each
1139
unattended ballot drop box;
1140
(v) shall post a sign on or near each unattended ballot drop box indicating that the
1141
ballot drop box is under 24-hour video surveillance; and
1142
(vi) shall ensure that a camera, a video, or a recording of a video described in
1143
Subsection (1)(a)(iv) may only be accessed:
1144
(A) by the election officer;
1145
(B) by a custodian of the camera, video, or recording;
1146
(C) by the lieutenant governor;
1147
(D) by the legislative auditor general, when performing an audit; or
1148
(E) by, or pursuant to an order of, a court of competent jurisdiction.
1149
(b) An individual may not view a video, or a recording of a video, described in
1150
Subsection (1)(a)(iv), unless the individual:
- 34 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1151
(i) is an individual described in Subsection (1)(a)(vi); and
1152
(ii) views the video to the extent necessary to:
1153
(A) ensure compliance with Subsection (1)(a)(iv), (1)(a)(vi), or (1)(c); or
1154
(B) investigate a concern relating to ballots or the ballot box.
1155
(c) The election officer, or the custodian of the recording, shall keep a recording
1156
described in Subsection (1)(a)(iv) until the later of:
1157
(i) the end of the calendar year in which the election was held; or
1158
(ii) if the election is contested, when the contest is resolved.
1159
(2) Except as provided in Section 20A-1-308 or Subsection (5), the election officer shall, at
1160
least 28 days before the date of the election, provide notice of the location of each ballot
1161
drop box designated under Subsection (1), by publishing notice for the jurisdiction
1162
holding the election, as a class A notice under Section 63G-30-102, for at least 28 days
1163
before the day of the election.
1164
(3) Instead of including the location of ballot drop boxes, a notice required under
1165
Subsection (2) may specify the following sources where a voter may view or obtain a
1166
copy of all ballot drop box locations:
1167
(a) the jurisdiction's website;
1168
(b) the physical address of the jurisdiction's offices; and
1169
(c) a mailing address and telephone number.
1170
(4) The election officer shall include in the notice described in Subsection (2):
1171
(a) the address of the Statewide Electronic Voter Information Website and, if available,
1172
the address of the election officer's website, with a statement indicating that the
1173
election officer will post on the website the location of each ballot drop box,
1174
including any changes to the location of a ballot drop box and the location of
1175
additional ballot drop boxes; and
1176
(b) a phone number that a voter may call to obtain information regarding the location of
1177
a ballot drop box.
1178
(5)(a) Except as provided in Section 20A-1-308, the election officer may, after the
1179
deadline described in Subsection (2):
1180
(i) if necessary, change the location of a ballot drop box; or
1181
(ii) if the election officer determines that the number of ballot drop boxes is
1182
insufficient due to the number of registered voters who are voting, designate
1183
additional ballot drop boxes.
1184
(b) Except as provided in Section 20A-1-308, if an election officer changes the location
- 35 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1185
of a ballot box or designates an additional ballot drop box location, the election
1186
officer shall, as soon as is reasonably possible, give notice of the changed ballot drop
1187
box location or the additional ballot drop box location:
1188
(i) to the lieutenant governor, for posting on the Statewide Voter Information
1189
Website;
1190
(ii) by posting the information on the website of the election officer, if available; and
1191
(iii) by posting notice:
1192
(A) for a change in the location of a ballot drop box, at the new location and, if
1193
possible, the old location; and
1194
(B) for an additional ballot drop box location, at the additional ballot drop box
1195
location.
1196
(6) An election officer may, at any time, authorize two or more poll workers to remove a
1197
ballot drop box from a location, or to remove ballots from a ballot drop box for
1198
processing.
1199
(7)(a) At least two poll workers must be present when a poll worker collects ballots from
1200
a ballot drop box and delivers the ballots to the location where the ballots will be
1201
opened and counted.
1202
(b) An election officer shall ensure that the chain of custody of ballots placed in a ballot
1203
box are recorded and tracked from the time the ballots are removed from the ballot
1204
box until the ballots are delivered to the location where the ballots will be opened and
1205
counted.
1206
(8) A ballot drop box described in this section shall remain open to receive ballots on
1207
election day until the later of:
1208
(a) 8 p.m.; or
1209
(b) when each voter in line at the ballot drop box at 8 p.m., with a sealed return envelope
1210
in the voter's possession, has had an opportunity to place the return envelope in the
1211
ballot drop box.
1212
Section 20. Section 20A-5-801 is repealed and reenacted to read:
1213
20A-5-801 . Definitions.
1214
As used in this part:
1215
(1) "Voting equipment" means equipment used to process ballots, including equipment used
1216
for:
1217
(a) casting votes;
1218
(b) sorting, handling, or scanning ballots or return envelopes;
- 36 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1219
(c) counting votes; or
1220
(d) tabulating election results.
1221
(2) "Voting system" means a system of compatible voting equipment and software that is
1222
designed to work as a complete, unified system.
1223
Section 21. Section 20A-5-802 is amended to read:
1224
20A-5-802 . Certification of voting equipment and software.
1225
(1) For the voting equipment and software used in the jurisdiction over which an election
1226
officer has authority, the election officer shall:
1227
(a) before each election, use logic and accuracy tests to ensure that the voting equipment [
1228
performs the voting equipment's ]functions correctly and accurately;
1229
(b) develop and implement a procedure to protect the physical security of the voting
1230
equipment and the security of the software; and
1231
(c) ensure that the voting equipment and software is certified by the lieutenant governor
1232
under Subsection (2) as having met the requirements of this section.
1233
(2)(a) Except as provided in Subsection (2)(b)(ii):
1234
(i) the lieutenant governor shall ensure that all voting equipment and software used in
1235
the state is independently tested using security testing protocols and standards that:
1236
(A) are generally accepted in the industry at the time the lieutenant governor
1237
reviews the voting equipment and software for certification; and
1238
(B) meet the requirements of Subsection (2)(a)(ii);
1239
(ii) the testing protocols and standards described in Subsection (2)(a)(i) shall require
1240
that a voting system, and equipment and software in the voting system:
1241
(A) is accurate and reliable;
1242
(B) possesses established and maintained access controls;
1243
(C) has not been fraudulently manipulated or tampered with;
1244
(D) is able to identify fraudulent or erroneous changes to the voting equipment or
1245
software; and
1246
(E) protects the secrecy of a voter's ballot; and
1247
(iii) [The] the lieutenant governor may comply with the requirements of Subsection
1248
(2)(a) by certifying voting equipment that has been certified by:
1249
(A) the United States Election Assistance Commission; or
1250
(B) a laboratory that has been accredited by the United States Election Assistance
1251
Commission to test voting equipment.
1252
(b)(i) Voting equipment and software used in the state may include technology that
- 37 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1253
allows for ranked-choice voting.
1254
(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting
1255
under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot
1256
Project, certify voting equipment that has been successfully used within the
1257
United States or a territory of the United States for ranked-choice voting for a race
1258
for federal office.
1259
Section 22. Section 20A-5-803 is amended to read:
1260
20A-5-803 . Statewide voting system -- Voting System Selection Committee.
1261
(1) Beginning on January 1, 2026, an election officer may not purchase voting equipment
1262
or software that is not part of the voting system selected by the lieutenant governor for
1263
use throughout the state via a request for proposals procedure conducted in accordance
1264
with this section and Title 63G, Chapter 6a, Utah Procurement Code.
1265
(2) An election officer is not required to purchase all equipment and software that is
1266
available for use as part of the voting system selected by the lieutenant governor, but,
1267
beginning on January 1, 2026, is prohibited from purchasing equipment or software that
1268
is not part of the voting system selected by the lieutenant governor.
1269
[(1)] (3) [Before selecting or purchasing a new voting equipment system, the ] The lieutenant
1270
governor shall[:]
1271
[(a)] appoint a Voting [Equipment] System Selection Committee[; and]
1272
[(b) ensure that the committee includes persons having] consisting of individuals who
1273
have knowledge and experience in:
1274
[(i)] (a) election procedures and administration;
1275
[(ii)] (b) computer technology;
1276
[(iii)] (c) data security;
1277
[(iv)] (d) auditing; and
1278
[(v)] (e) access for [persons] individuals with disabilities.
1279
[(2)] (4) A member may not receive compensation or benefits for the member's service, but
1280
may receive per diem and travel expenses in accordance with:
1281
(a) Section 63A-3-106;
1282
(b) Section 63A-3-107; and
1283
(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
1284
63A-3-107.
1285
[(3)] (5) The lieutenant governor shall select a chair from the committee membership.
1286
[(4)] (6) The lieutenant governor may fill any vacancies that occur on the committee.
- 38 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1287
[(5)] (7) The Office of the Lieutenant Governor shall provide staffing for the committee.
1288
[(6)] (8) The Voting [Equipment] System Selection Committee shall assist the lieutenant
1289
governor in:
1290
[(a) evaluate new voting equipment systems proposed for purchase by the state; and]
1291
[(b) provide information and recommendations to assist the lieutenant governor with the
1292
purchase of new voting equipment systems.]
1293
(a) preparing, issuing, and administering a request for proposals; and
1294
(b) selecting a single voting system to be used throughout the state.
1295
[(7)] (9) The lieutenant governor may designate individuals, including committee members,
1296
to inspect and review proprietary software [as part of an evaluation of new ] and voting
1297
equipment for voting systems under consideration[ for purchase].
1298
[(8)] (10) Before making [any selection or purchase] the selection described in this section,
1299
the lieutenant governor shall provide for a period of public review and comment on [new
1300
voting equipment] voting systems under consideration[ for purchase by the state].
1301
(11) A voting system selected by the lieutenant governor under this section shall comply
1302
with the requirements of Section 20A-5-804 in relation to voting equipment used to cast
1303
a mechanical ballot.
1304
(12) The selection made under this section shall require the successful applicant to enter
1305
into a contract:
1306
(a) regarding pricing and support for the voting system, and the voting equipment and
1307
software that are part of the system; and
1308
(b) that is effective for a term of not less than five years, but not more than seven years,
1309
as determined by the lieutenant governor.
1310
Section 23. Section 20A-5-804, which is renumbered from Section 20A-5-302 is renumbered
1311
and amended to read:
1312
[20A-5-302] 20A-5-804 . Voting equipment for casting a mechanical ballot.
1313
[(1)(a) Any county or municipal legislative body or special district board may:]
1314
[(i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
1315
automated voting system that meets the requirements of this section; and]
1316
[(ii) use that system in any election, in all or a part of the voting precincts within its
1317
boundaries, or in combination with manual ballots.]
1318
[(b) Nothing in this title shall be construed to require the use of electronic voting devices
1319
in local special elections, municipal primary elections, or municipal general elections.]
1320
[(2)] (1) [Each automated voting system] Voting equipment for casting a mechanical ballot
- 39 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1321
shall:
1322
(a) provide for voting in secrecy, except in the case of voters who have received
1323
assistance as authorized by Section 20A-3a-208;
1324
(b) permit each voter at any election to:
1325
(i) vote for all [persons] individuals and offices for whom and for which that voter is
1326
lawfully entitled to vote;
1327
(ii) vote for as many [persons] individuals for an office as that voter is entitled to vote;
1328
and
1329
(iii) vote for or against any ballot proposition upon which that voter is entitled to vote;
1330
(c) permit each voter, at presidential elections, by one mark, to vote for the candidates of
1331
that party for president, vice president, and for their presidential electors;
1332
(d) at elections other than primary elections, permit each voter to vote for the nominees
1333
of one or more parties and for independent candidates;
1334
(e) at primary elections:
1335
(i) permit each voter to vote for candidates of the political party of the voter's choice;
1336
and
1337
(ii) reject any votes cast for candidates of another party;
1338
(f) prevent the voter from voting for the same [person] individual more than once for the
1339
same office;
1340
(g) provide the opportunity for each voter to change the ballot and to correct any error
1341
before the voter casts the ballot in compliance with the Help America Vote Act of
1342
2002, Pub. L. No. 107-252;
1343
(h) include automatic tabulating equipment that rejects choices recorded on a voter's
1344
ballot if the number of the voter's recorded choices is greater than the number which
1345
the voter is entitled to vote for the office or on the measure;
1346
(i) be of durable construction, suitably designed so that [it] the voting equipment may be
1347
used safely, efficiently, and accurately in the conduct of elections and counting
1348
ballots;
1349
(j) when properly operated, record correctly and count accurately each vote cast;
1350
(k) [for voting equipment certified after January 1, 2005, ]produce a permanent paper
1351
record that:
1352
(i) shall be available as an official record for any recount or election contest
1353
conducted with respect to an election where the voting equipment is used;
1354
(ii)(A) shall be available for the voter's inspection [prior to the voter leaving]
- 40 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1355
before the voter leaves the polling place; and
1356
(B) shall permit the voter to inspect the record of the voter's selections
1357
independently only if reasonably practicable commercial methods permitting
1358
independent inspection are available at the time of certification of the voting
1359
equipment by the lieutenant governor;
1360
(iii) shall include, at a minimum, human readable printing that shows a record of the
1361
voter's selections;
1362
(iv) may also include machine readable printing which may be the same as the human
1363
readable printing; and
1364
(v) allows a watcher to observe the election process to ensure the integrity of the
1365
election process; and
1366
(l) meet the requirements of Section 20A-5-802.
1367
[(3)] (2) For the purposes of a recount or an election contest, if the permanent paper record
1368
contains a conflict or inconsistency between the human readable printing and the
1369
machine readable printing, the human readable printing shall supercede the machine
1370
readable printing when determining the intent of the voter.
1371
[(4)] (3) Notwithstanding any other provisions of this section, the election officers shall
1372
ensure that the ballots to be counted by means of electronic or electromechanical devices
1373
are of a size, layout, texture, and printed in a type of ink or combination of inks that will
1374
be suitable for use in the counting devices in which they are intended to be placed.
1375
Section 24. Section 67-1a-2 is amended to read:
1376
67-1a-2 . Duties enumerated.
1377
(1) The lieutenant governor shall:
1378
(a) perform duties delegated by the governor, including assignments to serve in any of
1379
the following capacities:
1380
(i) as the head of any one department, if so qualified, with the advice and consent of
1381
the Senate, and, upon appointment at the pleasure of the governor and without
1382
additional compensation;
1383
(ii) as the chairperson of any cabinet group organized by the governor or authorized
1384
by law for the purpose of advising the governor or coordinating intergovernmental
1385
or interdepartmental policies or programs;
1386
(iii) as liaison between the governor and the state Legislature to coordinate and
1387
facilitate the governor's programs and budget requests;
1388
(iv) as liaison between the governor and other officials of local, state, federal, and
- 41 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1389
international governments or any other political entities to coordinate, facilitate,
1390
and protect the interests of the state;
1391
(v) as personal advisor to the governor, including advice on policies, programs,
1392
administrative and personnel matters, and fiscal or budgetary matters; and
1393
(vi) as chairperson or member of any temporary or permanent boards, councils,
1394
commissions, committees, task forces, or other group appointed by the governor;
1395
(b) serve on all boards and commissions in lieu of the governor, whenever so designated
1396
by the governor;
1397
(c) serve as the chief election officer of the state as required by Subsection (2);
1398
(d) keep custody of the Great Seal of the State of Utah;
1399
(e) keep a register of, and attest, the official acts of the governor;
1400
(f) affix the Great Seal, with an attestation, to all official documents and instruments to
1401
which the official signature of the governor is required; and
1402
(g) furnish a certified copy of all or any part of any law, record, or other instrument
1403
filed, deposited, or recorded in the office of the lieutenant governor to any person
1404
who requests it and pays the fee.
1405
(2)(a) As the chief election officer, the lieutenant governor shall:
1406
(i) exercise oversight, and general supervisory authority, over all elections;
1407
(ii) exercise direct authority over the conduct of elections for federal, state, and
1408
multicounty officers and statewide or multicounty ballot propositions and any
1409
recounts involving those races;
1410
(iii) establish uniformity in the election ballot;
1411
(iv)(A) prepare election information for the public as required by law and as
1412
determined appropriate by the lieutenant governor; and
1413
(B) make the information described in Subsection (2)(a)(iv)(A) available to the
1414
public and to news media, on the Internet, and in other forms as required by
1415
law and as determined appropriate by the lieutenant governor;
1416
(v) receive and answer election questions and maintain an election file on opinions
1417
received from the attorney general;
1418
(vi) maintain a current list of registered political parties as defined in Section
1419
20A-8-101;
1420
(vii) maintain election returns and statistics;
1421
(viii) certify to the governor the names of individuals nominated to run for, or elected
1422
to, office;
- 42 - 02-26 07:46 2nd Sub. (Gray) H.B. 445
1423
(ix) ensure that all voting equipment purchased by the state complies with the
1424
requirements of Sections [20A-5-302, ]20A-5-802, [and ]20A-5-803, and
1425
20A-5-804;
1426
(x) during a declared emergency, to the extent that the lieutenant governor determines
1427
it warranted, designate, as provided in Section 20A-1-308, a different method,
1428
time, or location relating to:
1429
(A) voting on election day;
1430
(B) early voting;
1431
(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
1432
(D) the counting of an absentee ballot or military-overseas ballot; or
1433
(E) the canvassing of election returns; and
1434
(xi) exercise all other election authority, and perform other election duties, as
1435
provided in Title 20A, Election Code.
1436
(b) As chief election officer, the lieutenant governor:
1437
(i) shall oversee all elections, and functions relating to elections, in the state;
1438
(ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance
1439
by an election officer with legal requirements relating to elections; and
1440
(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
1441
town clerks, or other local election officials by Title 20A, Election Code.
1442
(3)(a) The lieutenant governor shall:
1443
(i) determine a new municipality's classification under Section 10-2-301 upon the
1444
city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a
1445
Municipality, based on the municipality's population using the population estimate
1446
from the Utah Population Committee; and
1447
(ii)(A) prepare a certificate indicating the class in which the new municipality
1448
belongs based on the municipality's population; and
1449
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1450
to the municipality's legislative body.
1451
(b) The lieutenant governor shall:
1452
(i) determine the classification under Section 10-2-301 of a consolidated municipality
1453
upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part
1454
6, Consolidation of Municipalities, using population information from:
1455
(A) each official census or census estimate of the United States Bureau of the
1456
Census; or
- 43 - 2nd Sub. (Gray) H.B. 445 02-26 07:46
1457
(B) the population estimate from the Utah Population Committee, if the
1458
population of a municipality is not available from the United States Bureau of
1459
the Census; and
1460
(ii)(A) prepare a certificate indicating the class in which the consolidated
1461
municipality belongs based on the municipality's population; and
1462
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1463
to the consolidated municipality's legislative body.
1464
(c) The lieutenant governor shall monitor the population of each municipality using
1465
population information from:
1466
(i) each official census or census estimate of the United States Bureau of the Census;
1467
or
1468
(ii) the population estimate from the Utah Population Committee, if the population of
1469
a municipality is not available from the United States Bureau of the Census.
1470
(d) If the applicable population figure under Subsection (3)(b) or (c) indicates that a
1471
municipality's population has increased beyond the population for its current class,
1472
the lieutenant governor shall:
1473
(i) prepare a certificate indicating the class in which the municipality belongs based
1474
on the increased population figure; and
1475
(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to
1476
the legislative body of the municipality whose class has changed.
1477
(e)(i) If the applicable population figure under Subsection (3)(b) or (c) indicates that
1478
a municipality's population has decreased below the population for its current
1479
class, the lieutenant governor shall send written notification of that fact to the
1480
municipality's legislative body.
1481
(ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality
1482
whose population has decreased below the population for its current class, the
1483
lieutenant governor shall:
1484
(A) prepare a certificate indicating the class in which the municipality belongs
1485
based on the decreased population figure; and
1486
(B) within 10 days after preparing the certificate, deliver a copy of the certificate
1487
to the legislative body of the municipality whose class has changed.
1488
Section 25. Effective Date.
1489
This bill takes effect on May 7, 2025.
- 44 -