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HB 1002
CHANGING VOTER REGISTRATION OPTIONS
1996 SECOND SPECIAL SESSION
STATE OF UTAH
Sponsor: Brian R. Allen
AN ACT RELATING TO ELECTIONS; ELIMINATING REGISTRATION AGENTS;
ESTABLISHING SATELLITE REGISTRARS AND SATELLITE VOTER REGISTRATION
LOCATIONS; REDUCING THE NUMBER OF REGISTRATION DAYS FOR VOTERS TO
REGISTER BEFORE AN ELECTION; MAKING TECHNICAL CORRECTIONS; AND
PROVIDING AN EFFECTIVE DATE.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
11-14-3 , as last amended by Chapter 4, Laws of Utah 1993
11-14-7 , as last amended by Chapter 258, Laws of Utah 1996
20A-1-102 , as last amended by Chapters 198 and 325, Laws of Utah 1996
20A-2-105 , as enacted by Chapter 1, Laws of Utah 1993
20A-2-202 , as last amended by Chapters 152 and 340, Laws of Utah 1995
20A-2-203 , as enacted by Chapter 1, Laws of Utah 1993
20A-2-204 , as enacted by Chapter 311, Laws of Utah 1994
20A-2-205 , as last amended by Chapter 152, Laws of Utah 1995
20A-2-303 , as enacted by Chapter 1, Laws of Utah 1993
20A-3-202 , as last amended by Chapter 311, Laws of Utah 1994
20A-3-302 , as last amended by Chapter 79, Laws of Utah 1996
20A-4-201 , as enacted by Chapter 1, Laws of Utah 1993
20A-5-101 , as last amended by Chapters 2 and 21, Laws of Utah 1994
20A-5-201 , as last amended by Chapter 79, Laws of Utah 1996
20A-5-202 , as enacted by Chapter 1, Laws of Utah 1993
20A-5-204 , as last amended by Chapter 21, Laws of Utah 1994
20A-5-205 , as enacted by Chapter 1, Laws of Utah 1993
20A-5-401 , as last amended by Chapter 340, Laws of Utah 1995
20A-5-604 , as last amended by Chapter 340, Laws of Utah 1995
20A-5-605 , as last amended by Chapter 21, Laws of Utah 1994
20A-9-402 , as enacted by Chapter 1, Laws of Utah 1994
REPEALS:
20A-5-203 , as enacted by Chapter 1, Laws of Utah 1993
Be it enacted by the Legislature of the state of Utah:
Section 1.
Section
11-14-3
is amended to read:
11-14-3. Notice of election -- Publication.
(1) Notice of the election shall be published once a week during three consecutive weeks in
a newspaper designated in accordance with Section 11-14-21
, the first publication to be not less than
21 nor more than 35 days before the election. If no official newspaper is designated, the notices shall
be published in a newspaper published in the municipality, or if no newspaper is published in the
municipality, the notices shall be published in a newspaper having general circulation in the
municipality.
(2) Election notice given for any bond election held in this state need not be posted[, either
by registration agents or] by any [other person] persons, except that in cities of the third class or
towns where there is no newspaper published in such city or town, the governing body may provide
that notice of a bond election therein may be given by posting in lieu of publication of such notice
and in such event notice of the bond election shall be posted by the city recorder, town clerk, or other
officer designated by the governing body in at least five public places in said city or town at least 21
days before the election.
Section 2.
Section
11-14-7
is amended to read:
11-14-7. Election -- Registration of voters -- Special registration not required --
Registration lists supplied by clerk.
(1) There shall be no special registration of voters for a bond election and the official register
last made or revised shall constitute the register for such bond election except that:
(a) if the bond election is held on the same day as a general, special, primary, or other
election held in the municipality or other bond-issuing entity or in part of the municipality or entity,
- 2 -
all persons registered to vote in such other election shall be considered registered to vote in the bond
election; and
(b) if the bond election is not to be held on the same day as any other election, the county
clerk of each county in which the municipality or entity is wholly or partly located shall register at
his office during regular office hours except Saturdays, Sundays, and holidays, and except during
the 20-day period immediately preceding the bond election, any person who on the day of the bond
election will be a qualified elector, such person to be registered in the same manner as provided by
law for registration by [registration agents] satellite registrars.
(2) The county clerk of each county in which a municipality or entity holding the bond
election is located shall [cause registration agents in the municipality or other entity to] make
registration lists or copies of such lists available at each polling place for use by registered electors
entitled to use such voting place.
(3) If the registration lists furnished include electors who do not reside within the
municipality or entity whose bonds are being voted upon, the county clerk or the municipality or
other entity shall cause to be indicated on the registration lists the names of the registered electors
who do not reside in such municipality or entity, but the failure to so indicate or any inaccuracy in
such indication shall not be considered an irregularity or ground for invalidating the bond election.
Section 3.
Section
20A-1-102
is amended to read:
20A-1-102. Definitions.
As used in this title:
(1) "Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on paper ballots or ballot cards and tabulates the results.
(2) "Ballot" means the cardboard, paper, or other material upon which a voter records his
votes and includes ballot cards, paper ballots, and secrecy envelopes.
(3) "Ballot card" means a ballot that can be counted using automatic tabulating equipment.
(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that contain the
names of offices and candidates and statements of ballot propositions to be voted on and which are
used in conjunction with ballot cards.
- 3 -
(5) "Ballot proposition" means constitutional amendments, initiatives, referenda, judicial
retention questions, opinion questions, and other questions submitted to the voters for their approval
or rejection.
(6) "Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7) "Book voter registration form" means voter registration forms contained in a bound book
that are used by election officers and registration agents to register persons to vote.
(8) "Bond election" means an election held for the sole purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(9) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(10) "Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(11) "Canvassing judge" means an election judge designated to assist in counting ballots at
the canvass.
(12) "Convention" means the political party convention at which party officers and delegates
are selected.
(13) "Counting center" means one or more locations selected by the election officer in charge
of the election for the automatic counting of ballots.
(14) "Counting judge" means a judge designated to count the ballots during election day.
(15) "Counting poll watcher" means a person selected as provided in Section 20A-3-201
to
witness the counting of ballots.
(16) "Counting room" means a suitable and convenient private place or room, immediately
adjoining the place where the election is being held, for use by the counting judges to count ballots
during election day.
(17) "County executive" means:
(a) the county commission in the traditional management arrangement established by Section
17-4-2
and Title 17, Chapter 5, County Commissioners and Legislative Bodies;
- 4 -
(b) the county executive in the county executive and chief administrative officer-council
optional form of management arrangement authorized by Section 17-35a-13
;
(c) the county executive in the county executive-council optional form of management
arrangement authorized by Section 17-35a-14
;
(d) the county council in the council-manager optional form of management arrangement
authorized by Section 17-35a-15
; and
(e) the county council in the council-county administrative officer optional form of
management arrangement authorized by Section 17-35a-15.5
.
(18) "County legislative body" means:
(a) the county commission in the traditional management arrangement established by Section
17-4-2
and Title 17, Chapter 5;
(b) the county council in the county executive and chief administrative officer-council
optional form of management arrangement authorized by Section 17-35a-13
;
(c) the county council in the county executive-council optional form of management
arrangement authorized by Section 17-35a-14
;
(d) the county council in the council-manager optional form of management arrangement
authorized by Section 17-35a-15
; and
(e) the county council in the council-county administrative officer optional form of
management arrangement authorized by Section 17-35a-15.5
.
(19) "County officers" means those county officers that are required by law to be elected.
(20) "Election" means a regular general election, a municipal general election, a statewide
special election, a local special election, a regular primary election, a municipal primary election,
and a special district election.
(21) "Election cycle" means the period beginning on the first day persons are eligible to file
declarations of candidacy and ending when the canvass is completed.
(22) "Election judge" means each canvassing judge, counting judge, and receiving judge.
(23) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots;
- 5 -
(b) the county clerk or clerks for all county ballots;
(c) the municipal clerk for all municipal ballots; and
(d) the special district clerk or chief executive officer for all special district ballots that are
not part of a statewide, county, or municipal ballot.
(24) "Election official" means any election officer, election judge, or [registration agent]
satellite registrar.
(25) "Election returns" includes the pollbook, all affidavits of registration, the military and
overseas absentee voter registration and voting certificates, one of the tally sheets, any unprocessed
absentee ballots, all counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the
ballot disposition form, and the total votes cast form.
(26) "Electronic voting system" means a system in which a voting device is used in
conjunction with ballots so that votes recorded by the voter are counted and tabulated by automatic
tabulating equipment.
(27) "Inspecting poll watcher" means a person selected as provided in this title to witness
the receipt and safe deposit of voted and counted ballots.
(28) "Judicial office" means the office filled by any judicial officer.
(29) "Judicial officer" means any justice or judge of a court of record or any county court
judge.
(30) "Local election" means a regular municipal election, a local special election, a special
district election, and a bond election.
(31) "Local political subdivision" means a county, a municipality, a special district, or a local
school district.
(32) "Local special election" means a special election called by the governing body of a local
political subdivision in which all registered voters of the local political subdivision may vote.
(33) "Municipal executive" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1, Governing Body;
(b) the mayor in the council-mayor optional form of government defined in Section
- 6 -
10-3-1209
; and
(c) the manager in the council-manager optional form of government defined in Section
10-3-1209
.
(34) "Municipal general election" means the election held in municipalities and special
districts on the first Tuesday after the first Monday in November of each odd-numbered year for the
purposes established in Section 20A-1-202
.
(35) "Municipal legislative body" means:
(a) the city commission, city council, or town council in the traditional management
arrangement established by Title 10, Chapter 3, Part 1;
(b) the municipal council in the council-mayor optional form of government defined in
Section 10-3-1209
; and
(c) the municipal council in the council-manager optional form of government defined in
Section 10-3-1209
.
(36) "Municipal officers" means those municipal officers that are required by law to be
elected.
(37) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(38) "Official ballot'" means the ballots distributed by the election officer to the election
judges to be given to voters to record their votes.
(39) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) the facsimile signature of the election officer; and
(b) the information on the ballot stub that identifies:
(i) the election judge's initials; and
(ii) the ballot number.
(40) "Official register" means the book furnished election officials by the election officer
- 7 -
that contains the information required by Section 20A-5-401
.
(41) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be voted on;
and
(b) spaces for the voter to record his vote for each office and for or against each ballot
proposition.
(42) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
Formation and Procedures.
(43) "Polling place" means the building where residents of a voting precinct vote.
(44) "Position" means a square, circle, rectangle, or other geometric shape on a ballot in
which the voter marks his choice.
(45) "Posting list" means a list of registered voters within a voting precinct.
(46) "Primary convention" means the political party conventions at which nominees for the
regular primary election are selected.
(47) "Protective counter" means a separate counter, which cannot be reset, that is built into
a voting machine and records the total number of movements of the operating lever.
(48) "Qualify" or "qualified" means to take the oath of office and begin performing the duties
of the position for which the person was elected.
(49) "Receiving judge" means the election judge that checks the voter's name in the official
register, provides the voter with a ballot, and removes the ballot stub from the ballot after the voter
has voted.
[(50) "Registration agent" means a person appointed under Section 20A-5-201
to register
voters and perform other duties.]
[(51)] (50) "Registration days" means the days designated in Section 20A-2-203
when a
voter may register to vote with a [registration agent] satellite registrar.
[(52)] (51) "Registration form" means a book voter registration form and a by-mail voter
registration form.
- 8 -
[(53)] (52) "Regular general election" means the election held throughout the state on the
first Tuesday after the first Monday in November of each even-numbered year for the purposes
established in Section 20A-1-201
.
[(54)] (53) "Regular primary election" means the election on the fourth Tuesday of June of
each even-numbered year, at which candidates of political parties and nonpolitical groups are voted
for nomination.
[(55)] (54) "Resident" means a person who resides within a specific voting precinct in Utah.
[(56)] (55) "Sample ballot" means a mock ballot similar in form to the official ballot printed
and distributed as provided in Section 20A-5-405
.
(56) "Satellite registrar" means a person appointed under Section 20A-5-201
to register
voters and perform other duties.
(57) "Scratch vote" means to mark or punch the straight party ticket and then mark or punch
the ballot for one or more candidates who are members of different political parties.
(58) "Secrecy envelope" means the envelope given to a voter along with the ballot into which
the voter places the ballot after he has voted it in order to preserve the secrecy of the voter's vote.
(59) "Special election" means an election held as authorized by Section 20A-1-204
.
(60) "Special district" means those local government entities created under the authority of
Title 17A.
(61) "Special district officers" means those special district officers that are required by law
to be elected.
(62) "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or the election judge; or
(c) lacks the official endorsement.
(63) "Statewide special election" means a special election called by the governor or the
Legislature in which all registered voters in Utah may vote.
(64) "Stub" means the detachable part of each ballot.
(65) "Substitute ballots" means replacement ballots provided by an election officer to the
- 9 -
election judges when the official ballots are lost or stolen.
(66) "Ticket" means each list of candidates for each political party or for each group of
petitioners.
(67) "Transfer case" means the sealed box used to transport voted ballots to the counting
center.
(68) "Vacancy" means the absence of a person to serve in any position created by statute,
whether that absence occurs because of death, disability, disqualification, resignation, or other cause.
(69) "Valid write-in candidate" means a candidate who has qualified as a write-in candidate
by following the procedures and requirements of this title.
(70) "Voter" means a person who meets the requirements of election registration and is
registered and is listed in the official register book.
(71) "Voting area" means the area within six feet of the voting booths, voting machines, and
ballot box.
(72) "Voting booth" means the space or compartment within a polling place that is provided
for the preparation of ballots and includes the voting machine enclosure or curtain.
(73) "Voting device" means:
(a) an apparatus in which ballot cards are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance; or
(c) any other method for recording votes on ballots so that the ballot may be tabulated by
means of automatic tabulating equipment.
(74) "Voting machine" means a machine designed for the sole purpose of recording and
tabulating votes cast by voters at an election.
(75) "Voting poll watcher" means a person appointed as provided in this title to witness the
distribution of ballots and the voting process.
(76) "Voting precinct" means the smallest voting unit established as provided by law within
which qualified voters vote at one polling place.
(77) "Watcher" means a voting poll watcher, a counting poll watcher, and an inspecting poll
- 10 -
watcher.
(78) "Write-in ballot" means a ballot containing any write-in votes.
(79) "Write-in vote" means a vote cast for a person whose name is not printed on the ballot
according to the procedures established in this title.
Section 4.
Section
20A-2-105
is amended to read:
20A-2-105. Determining residency.
(1) Except as provided in Subsection (4), election officials and judges shall apply the
standards and requirements of this section when determining whether or not a person is a resident
for purposes of interpreting this title or the Utah constitution.
(2) A "resident" is a person who resides within a specific voting precinct in Utah.
(3) (a) A person resides in Utah if the person:
(i) has his principal place of residence within Utah; and
(ii) has a present intention to continue residency within Utah permanently or indefinitely.
(b) A person resides within a particular voting precinct if the person has, or will have as of
the date of the election, his principal place of residence in the voting precinct.
(4) (a) The principal place of residence of any person shall be determined by applying the
rules contained in this subsection.
(b) A person's "principal place of residence" is that place in which the person's habitation
is fixed and to which, whenever he is absent, he has the intention of returning.
(c) A person has not gained or lost a residence solely because he is present in Utah or in a
voting precinct or absent from Utah or his voting precinct because he is:
(i) employed in the service of the United States or of Utah;
(ii) a student at any institution of learning;
(iii) incarcerated in prison or jail; or
(iv) residing upon any Indian or military reservation.
(d) (i) A member of the armed forces of the United States is not a resident of Utah merely
because that member is stationed at any military facility within Utah.
(ii) In order to be a resident of Utah, that member must meet the other requirements of this
- 11 -
section.
(e) (i) Except as provided in Subsection (ii), a person has not lost his residence if that person
leaves his home to go into a foreign country or into another state or into another voting precinct
within Utah for temporary purposes with the intention of returning.
(ii) If that person has voted in that state or voting precinct, the person is a resident of that
state or voting precinct.
(f) A person is not a resident of any county or voting precinct if that person comes for
temporary purposes without intending to make that county his home.
(g) If a person removes to another state with the intention of making it his principal place
of residence, he loses his residence in Utah.
(h) If a person moves to another state with the intent of remaining there for an indefinite time
as a place of permanent residence, he loses his residence in Utah, even though he intends to return
at some future time.
(i) (i) Except as provided in Subsection (ii) the place where a person's family resides is
presumed to be his place of residence.
(ii) A person may rebut the presumption established in Subsection (i)(i) by proving his intent
to remain at a place other than where his family resides.
(j) (i) A person has changed his residence if:
(A) the person has acted affirmatively to remove himself from one geographic location; and
(B) the person has an intent to remain in another place.
(ii) There can only be one residence.
(iii) A residence cannot be lost until another is gained.
(5) In computing the period of residence, a person shall:
(a) include the day on which the person's residence begins; and
(b) exclude the day of the next election.
(6) (a) There is a presumption that a person is a resident of Utah and a voting precinct and
intends to remain in Utah permanently or indefinitely if the person makes an oath or affirmation
upon a registration application form that his residence address and place of residence is within a
- 12 -
specific voting precinct in Utah.
(b) The election officers and election officials shall allow that person to register and vote
unless, upon a challenge by the [registration agent] satellite registrar or some other person, it is
shown by law or by clear and compelling evidence that:
(i) the person does not intend to remain permanently or indefinitely in Utah; or
(ii) the person is incarcerated in prison or jail.
(7) (a) The rules set forth in this section for determining place of residence for voting
purposes do not apply to a person incarcerated in prison or jail.
(b) For voting registration purposes, a person incarcerated in prison or jail is considered to
reside in the voting precinct in which his place of residence was located before incarceration.
Section 5.
Section
20A-2-202
is amended to read:
20A-2-202. Registration by mail.
(1) (a) A citizen who will be qualified to vote at the next election may register by mail.
(b) To register by mail, a citizen shall complete and sign the by-mail registration form and
mail or deliver it to the county clerk of the county in which the citizen resides.
(c) In order to register to vote in a particular election, the citizen shall:
(i) address the by-mail voter registration form to the county clerk; and
(ii) ensure that it is postmarked at least 20 days before the date of the election.
(d) The citizen has effectively registered to vote under this section only when the county
clerk's office has received a correctly completed by-mail voter registration form.
(2) Upon receipt of a correctly completed by-mail voter registration form, the county clerk
shall:
(a) enter the applicant's name on the list of registered voters for the voting precinct in which
the applicant resides; and
(b) mail confirmation of registration to the newly registered voter after entering the
applicant's voting precinct number on that copy.
(3) (a) If the county clerk receives a correctly completed by-mail voter registration form that
is postmarked less than 20 days before an election, the county clerk shall:
- 13 -
(i) register the applicant after the next election; and
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
informing the applicant that his registration will not be effective until after the election.
(b) When the county clerk receives by-mail voter registration forms at least seven days
before an election that are postmarked at least 20 days before the election, the county clerk shall:
(i) process the by-mail voter registration forms; and
(ii) [deliver them to the appropriate registration agent] record the new voters in the official
register and posting list.
(4) If the county clerk determines that a registration form received by mail or otherwise is
incorrect because of an error or because it is incomplete, the county clerk shall mail notice to the
person attempting to register, informing him that he has not been registered because of an error or
because the form is incomplete.
Section 6.
Section
20A-2-203
is amended to read:
20A-2-203. Satellite location -- Registration by satellite registrar.
(1) (a) Each county clerk shall designate at least one satellite location for voter registration
for every 25,000 people residing within the county.
(b) A county clerk may designate as many satellite locations as desired.
[(1)] (2) (a) [Voters] Any person who meets the voter registration requirements may register
to vote with [the registration agent in the voter's voting precinct] a satellite registrar at any satellite
location between 8 a.m. and [9] 8 p.m.:
(i) on the [first] Monday and Tuesday[, the first Wednesday, and the first Thursday], the
seventh and eighth day, before the regular primary election;
(ii) on the [first] Monday and Tuesday[, the first Wednesday, and the first Thursday], the
seventh and eighth day, before the regular general election;
(iii) on the [first] Monday and Tuesday, the seventh and eighth day, before the municipal
primary election in municipalities holding a municipal primary election; and
(iv) on the [second] Monday and Tuesday [and the second Wednesday], the seventh and
eighth day, before the municipal general election.
- 14 -
(b) Each [registration agent] satellite registrar shall register to vote all persons who:
(i) present themselves for registration; and
(ii) are legally qualified and entitled to vote in that voting precinct on election day.
[(2)] (3) For municipal elections, the municipality in which the registration is made shall pay
the expenses of registration.
Section 7.
Section
20A-2-204
is amended to read:
20A-2-204. Registering to vote when applying for or renewing a driver license.
(1) As used in this section, "voter registration form" means the driver license
application/voter registration form and the driver license renewal/voter registration form required
by Section 20A-2-106
.
(2) Any citizen who is qualified to vote may register to vote by completing the voter
registration form.
(3) The Driver License Division shall:
(a) assist applicants in completing the voter registration form unless the applicant refuses
assistance;
(b) accept completed forms for transmittal to the appropriate election official;
(c) transmit a copy of each voter registration form to the appropriate election official within
five days after it is received by the division; and
(d) transmit each address change within five days after it is received by the division.
(4) Upon receipt of a correctly completed voter registration form, the county clerk shall:
(a) enter the applicant's name on the list of registered voters for the voting precinct in which
the applicant resides; and
(b) notify the applicant of registration.
(5) (a) If the county clerk receives a correctly completed voter registration form that is dated
less than 20 days before an election, the county clerk shall:
(i) register the applicant after the next election; and
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
informing the applicant that his registration will not be effective until after the election.
- 15 -
(b) When the county clerk receives any voter registration forms at least seven days before
an election that are dated at least 20 days before the election, the county clerk shall:
(i) process the voter registration forms; and
(ii) [deliver them to the appropriate registration agent] record the new voters in the official
register and posting list.
(6) If the county clerk determines that a voter registration form received from the Driver
License Division is incorrect because of an error or because it is incomplete, the county clerk shall
mail notice to the person attempting to register, informing him that he has not been registered
because of an error or because the form is incomplete.
Section 8.
Section
20A-2-205
is amended to read:
20A-2-205. Registration at voter registration agencies.
(1) As used in this section:
(a) "Discretionary voter registration agency" means each office designated by the county
clerk under Part 3 to provide by-mail voter registration forms to the public.
(b) "Public assistance agency" means each office in Utah that provides:
(i) public assistance; or
(ii) state funded programs primarily engaged in providing services to people with disabilities.
(2) Any person may obtain and complete a by-mail registration form at a public assistance
agency or discretionary voter registration agency.
(3) Each public assistance agency and discretionary voter registration agency shall provide,
either as part of existing forms or on a separate form, the following information in substantially the
following form:
"REGISTERING TO VOTE
If you are not registered to vote where you live now, would you like to apply to register to
vote here today? (Applying to register to vote or declining to register to vote will not affect the
amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU DO NOT
CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO
REGISTER TO VOTE AT THIS TIME. If you would like help in filling out the voter registration
- 16 -
application form, we will help you. The decision about whether or not to seek or accept help is
yours. You may fill out the application form in private. If you believe that someone has interfered
with your right to register or to decline to register to vote, your right to privacy in deciding whether
or not to register, or in applying to register to vote, or your right to choose your own political party
or other political preference, you may file a complaint with the Office of the Lieutenant Governor,
State Capitol Building, Salt Lake City, Utah 84114. (801) 538-1040."
(4) Unless a person applying for service or assistance from a public assistance agency or
discretionary voter registration agency declines, in writing, to register to vote, each public assistance
agency and discretionary voter registration agency shall:
(a) distribute a by-mail voter registration form with each application for service or assistance
provided by the agency or office;
(b) assist applicants in completing the voter registration form unless the applicant refuses
assistance;
(c) accept completed forms for transmittal to the appropriate election official; and
(d) transmit a copy of each voter registration form to the appropriate election official within
five days after it is received by the division.
(5) A person in a public assistance agency or a discretionary voter registration agency that
helps a person complete the voter registration form may not:
(a) seek to influence an applicant's political preference or party registration;
(b) display any political preference or party allegiance;
(c) make any statement to an applicant or take any action that has the purpose or effect of
discouraging the applicant from registering to vote; or
(d) make any statement to an applicant or take any action that has the purpose or effect of
leading the applicant to believe that a decision to register or not to register has any bearing upon the
availability of services or benefits.
(6) Upon receipt of a correctly completed voter registration form, the county clerk shall:
(a) enter the applicant's name on the list of registered voters for the voting precinct in which
the applicant resides; and
- 17 -
(b) notify the applicant of registration.
(7) (a) If the county clerk receives a correctly completed voter registration form that is dated
less than 20 days before an election, the county clerk shall:
(i) register the applicant after the next election; and
(ii) if possible, promptly phone or mail a notice to the applicant before the election,
informing the applicant that his registration will not be effective until after the election.
(b) When the county clerk receives any voter registration forms at least seven days before
an election that are dated at least 20 days before the election, the county clerk shall:
(i) process the voter registration forms; and
(ii) [deliver them to the appropriate registration agent] record the new voters in the official
register and posting list.
(8) If the county clerk determines that a voter registration form received from a public
assistance agency or discretionary voter registration agency is incorrect because of an error or
because it is incomplete, the county clerk shall mail notice to the person attempting to register,
informing him that he has not been registered because of an error or because the form is incomplete.
Section 9.
Section
20A-2-303
is amended to read:
20A-2-303. Notice of time and place of registration.
(1) The election officer shall give notice of satellite voter registration [within the voting
precinct] by [either: (a)] publishing the notice in one issue of a newspaper of general circulation in
the county at least [two] five days before the [first] day of satellite voter registration[; or].
[(b) requiring the registration agents to post the notice at least ten days before the first day
of registration in:]
[(i) at least five conspicuous places within their voting precincts; or]
[(ii) at least four conspicuous places within their voting precincts and in a well-used public
location in a nearby voting precinct.]
(2) The notice of [voting precinct] satellite voter registration shall:
(a) be signed by the county clerk;
(b) identify the time and place for satellite voter registration [within the voting precinct].
- 18 -
Section 10.
Section
20A-3-202
is amended to read:
20A-3-202. Challenges -- Recorded in official register and in pollbook.
(1) (a) When any person applies for a ballot or when a person offers a ballot for deposit in
the ballot box, the person's right to vote in that voting precinct and in that election may be orally
challenged by an election judge or any challenger orally stating the challenged voter's name and the
basis for the challenge.
(b) A person may challenge another person's right to vote by alleging that:
(i) the voter is not the person whose name appears in the official register and under which
name the right to vote is claimed;
(ii) the voter is not a resident of Utah;
(iii) the voter is not a citizen of the United States;
(iv) the voter has not or will not have resided in Utah for 30 days immediately before the
date of the election;
(v) the voter does not live in the voting precinct;
(vi) the voter does not live within the geographic boundaries of the entity holding the
election;
(vii) the voter's principal place of residence is not in the voting precinct;
(viii) the voter's principal place of residence is not in the geographic boundaries of the
election area;
(ix) the voter has voted before in the election;
(x) the voter is not at least 18 years old; or
(xi) the voter is involuntarily confined or incarcerated in jail or prison and was not a resident
of the entity holding the election before the voter was confined or incarcerated.
(2) (a) The election judges shall give the voter a ballot and allow the voter to vote if:
(i) the person challenged signs a written affidavit certifying that he meets all the
requirements for voting; and
(ii) the election judge determines that the person challenged is registered to vote.
(b) The election judges may not give the voter a ballot or allow the voter to vote if:
- 19 -
(i) the person challenged refuses to sign the written affidavit; or
(ii) the election judge determines that the person challenged is not registered to vote.
(c) (i) It is unlawful for any person to sign an affidavit certifying that he meets all the
requirements for voting when that person knows he does not meet at least one of those requirements.
(ii) Any person who violates this Subsection (c) is guilty of a class B misdemeanor.
(3) (a) Any person may challenge the right to vote of any person whose name appears on the
posting list by filing a written signed statement identifying the challenged voter's name and the basis
for the challenge with the [registration agent] county clerk on the [Saturday] Friday before the
election [between 6 p.m. and 9 p.m] during regular business hours.
(b) The person challenging a person's right to vote shall allege one or more of the grounds
established in Subsection (1)(b) as the basis for the challenge.
(c) The [registration agent] county clerk shall:
(i) carefully preserve the written challenges;
(ii) write in the appropriate official register opposite the name of any person for whom the
county clerk received a written challenge, the words "To be challenged"; and
(iii) transmit the written challenges to election judges of that voting precinct [as provided
in Section 20A-5-203
].
(d) On election day, the election judges shall raise the written challenge with the voter before
giving the voter a ballot.
(e) If the person challenged takes an oath before any of the election judges that the grounds
of the challenge are false, the judges shall allow the person to vote.
(f) If the person applying to vote does not meet the legal requirements to vote, or refuses to
take the oath, the election judges may not deliver a ballot to him.
(4) The election judges shall record all challenges in the official register and on the challenge
sheets in the pollbook.
Section 11.
Section
20A-3-302
is amended to read:
20A-3-302. Absentee voting -- No polling place for remote districts.
(1) Whenever, on the 60th day before an election, there are 100 or less persons registered
- 20 -
to vote in a voting precinct, the county legislative body of the county in which the voting precinct
is located may elect to administer an election entirely by absentee ballot.
(2) If the county legislative body of the county in which the voting precinct is located decides
to administer an election entirely by absentee ballot, the county clerk shall mail to each registered
voter within that voting precinct:
(a) an absentee ballot;
(b) a statement that there will be no polling place for the election;
(c) instructions for returning the ballot that include an express notice about any relevant
deadlines that the voter must meet in order for his vote to be counted; and
(d) a warning, on a separate page of colored paper in bold face print, indicating that if the
voter fails to follow the instructions included with the absentee ballot, he will be unable to vote in
that election because there will be no polling place in the voting precinct on the day of the election.
(3) Any voter who votes by absentee ballot under this subsection is not required to apply for
an absentee ballot as required by [Section 20-3-304
] this part.
(4) (a) The county clerk of a county that administers an election entirely by absentee ballot
shall:
(i) obtain, in person, the signatures of each voter within that voting precinct before the
election; and
(ii) maintain the signatures on file in the county clerk's office.
(b) (i) Upon receiving the returned absentee ballots, the county clerk shall compare the
signature on each absentee ballot with the voter's signature that is maintained on file and verify that
the signatures are the same.
(ii) If the county clerk questions the authenticity of the signature on the absentee ballot, the
clerk shall immediately contact the voter to verify the signature.
(iii) If the voter does not confirm his signature on the absentee ballot, the county clerk shall:
(A) immediately send another absentee ballot and other voting materials as required by this
subsection to the voter; and
(B) disqualify the initial absentee ballot.
- 21 -
[(c) The county clerk may deputize the registration agent in the voting precinct and authorize
the registration agent to:]
[(i) obtain the signatures required by Subsection (4)(a) and mail them to the county clerk;
and]
[(ii) distribute absentee ballot application forms.]
Section 12.
Section
20A-4-201
is amended to read:
20A-4-201. Delivery of election returns.
(1) One judge shall deliver the ballot box, the lock, and the key to:
[(a) the registration agent for the voting precinct;]
[(b)] (a) the election officer; or
[(c)] (b) the location directed by the election officer.
(2) (a) Before they adjourn, the election judges shall:
(i) for paper ballots, choose one of their number to deliver the election returns to the election
officer; and
(ii) for ballot cards, choose two of their number, each from a different political party, to
deliver the election returns to the counting center.
(b) That judge or those judges shall:
(i) deliver the unopened envelopes or pouches to the election officer or counting center
immediately but no later than 24 hours after the polls close; or
(ii) if the polling place is 15 miles or more from the county seat, mail the election returns
to the election officer by registered mail from the post office most convenient to the polling place
within 24 hours after the polls close.
(3) The election officer shall pay each election judge that transports election returns $2 plus
30 cents per mile, one way, for every mile necessarily traveled between the polling place and the
place of delivery.
Section 13.
Section
20A-5-101
is amended to read:
20A-5-101. Notice of election.
(1) (a) On or before February 1 in each year in which a regular general election will be held,
- 22 -
the lieutenant governor shall prepare and transmit to each county clerk a notice in writing,
designating the offices for which candidates are to be elected in that election.
(b) No later than February 10, each county clerk shall:
(i) publish a list of the offices that will be voted on in that election in that county once in a
newspaper published in that county; or
(ii) if no newspaper is published in that county:
(A) cause a copy of the notice to be posted in a conspicuous place most likely to give notice
of the election to the voters in each voting precinct within the county; and
(B) prepare an affidavit of that posting, showing a copy of the notice and the places where
the notice was posted.
(2) Before each election, the election officer shall give written or printed notice of:
(a) the date and place of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct; and
(d) the qualifications for persons to vote in the election.
(3) To provide the notice required in Subsection (1), the election officer shall [either: (a)]
publish the notice at least two days before the election in a newspaper of general circulation common
to the area or in which the election is being held[;].
[(b) require the registration agents to post the notice at least five days before the election in:]
[(i) at least five conspicuous places within each of their voting precincts;]
[(ii) at least four conspicuous places within each of their voting precincts and in a well-used
public location in a nearby precinct; or]
[(c) provide notice by both publishing and posting.]
Section 14.
Section
20A-5-201
is amended to read:
20A-5-201. Satellite registrars -- Appointment.
(1) [(a)] Each county legislative body shall[: (i)] appoint [one person as registration agent
for each voting precinct from names furnished and certified by the chairman and secretary of the
political party from which the appointment is to be made; and] one or more persons to act as satellite
- 23 -
registrars for each satellite location.
[(ii) ensure that the registration agent appointed for a voting precinct belongs to the political
party that received the highest number of total votes for governor, lieutenant governor, attorney
general, state auditor, and state treasurer in that voting precinct at the last regular general election
at which all of those offices were elected, excluding the vote for any candidate who had no
opposition.]
[(b) If the chairman and secretary of the political party fail to provide the county legislative
body with a list of names within ten days after being requested to do so by the county clerk, the
county legislative body shall appoint qualified persons to be registration agents according to the
requirements of this chapter.]
[(2) (a) If the voting precinct boundaries have been changed since the last regular general
election, the county legislative body shall comply with the procedures and requirements of this
subsection in making the appointment.]
[(b) When two or more voting precincts have been created out of a single voting precinct,
the county legislative body shall:]
[(i) appoint a person as registration agent for each voting precinct; and]
[(ii) ensure that the person is a member of the political party that cast the highest number of
votes for governor, lieutenant governor, attorney general, state auditor, and state treasurer in the old
voting precinct at the last regular general election at which all of those offices were elected,
excluding the vote for any candidate who had no opposition.]
[(c) When a voting district is created by combining two or more voting precincts, or parts
of two or more voting precincts, the county legislative body shall ensure that the registration agent
appointed for that precinct is a member of the political party that cast the highest number of votes
for governor, lieutenant governor, attorney general, state auditor, and state treasurer in the newly
created voting precinct at the last November election at which all of those offices were elected,
excluding the vote for any candidate who had no opposition.]
[(3)] (2) (a) The county legislative body shall appoint [registration agents] satellite registrars
every two years at the regular meeting of the county legislative body held nearest to the first day of
- 24 -
the [April] May before the regular general election.
(b) The county legislative body shall appoint [registration agents] satellite registrars to serve
two-year terms, but may remove them at any time for cause.
(c) The county legislative body may not appoint a person who is a candidate for, or who
holds, an elective state, county, municipal, school district, special district, or other public office to
be a [registration agent] satellite registrar.
(d) A person who is a candidate for, or who holds, an elective state, county, municipal,
school district, special district, or other public office may not act as a [registration agent] satellite
registrar.
(e) A [registration agent] satellite registrar may also serve as an election judge.
(f) The county clerk shall provide each [registration agent] satellite registrar with written
notice of his appointment.
[(4)] (3) (a) Each county legislative body shall provide each [registration agent] satellite
registrar with all books, stationery, and other supplies necessary to carry out the provisions of this
chapter.
(b) The [registration agent] satellite registrar shall return all remaining materials to the
county clerk, or to a person designated by the county clerk, when his appointment ends.
[(5)] (4) A [registration agent] satellite registrar who resigns [or becomes a nonresident of
his voting precinct] shall:
(a) notify the county clerk of that fact; and
(b) deliver to the county clerk, or to another person designated by the county clerk, the
[official register for the voting precinct and all other] books, [documents] forms, maps, and materials
in the agent's possession that pertain to the office.
[(6)] (5) (a) (i) The county clerk, upon receipt of notice of the death, disqualification, or
resignation of any [registration agent] satellite registrar after the opening and before the closing of
the registration books, shall immediately, without giving notice, appoint some competent person to
fill the vacancy.
(ii) The person appointed shall qualify within two days after receiving notice of the
- 25 -
appointment.
(b) (i) If a [registration agent] satellite registrar is sick or otherwise unable to serve on a
designated registration day, the [registration agent] satellite registrar shall select a responsible adult
to perform the agent's duties on that day.
(ii) The county clerk shall approve the substituted adult.
(iii) [If possible the] The substitute shall use the original designated [registration office]
satellite location.
[(iv) If it is necessary to use an alternate registration site, the substitute registration agent
shall post a large sign on the front door of the building in which the regular registration site is located
that identifies the address of the alternate registration site.]
[(7)] (6) (a) Before entering upon the duties prescribed in this chapter, each [registration
agent] satellite registrar shall:
(i) take and subscribe the oath of office required by Article IV, Sec. 10, Utah Constitution,
before any person authorized to administer an oath; and
(ii) file the oath with the county clerk.
(b) Each county legislative body shall establish a per diem [of not more than $20 per day]
as compensation for all services provided by [registration agents] satellite registrars.
[(c) Each registration agent shall:]
[(i) keep a written account that clearly shows the number of days spent in the performance
of official duties; and]
[(ii) swear to and file the account with the county auditor.]
[(8)] (7) The county clerk shall make detailed entries of all proceedings had under this
chapter and notify in writing the [registration agents] satellite registrars of their appointment.
Section 15.
Section
20A-5-202
is amended to read:
20A-5-202. Satellite registrars -- Duties.
(1) [Registration agents] Satellite registrars may administer oaths and affirmations and
perform all other acts that are necessary to fully accomplish the requirements of this part.
(2) A [registration agent] satellite registrar shall register to vote all persons who:
- 26 -
(a) present themselves for registration between 8 a.m. and [9] 8 p.m on:
(i) the first Tuesday[, the first Wednesday, and the first Thursday] before the regular primary
election;
(ii) the first Tuesday[, the first Wednesday, and the first Thursday] before the regular general
election;
(iii) the first Tuesday before the municipal primary election in municipalities holding a
municipal primary election; and
(iv) the second Tuesday [and the second Wednesday] before the municipal general election;
and
(b) are legally qualified and entitled to vote in that voting precinct on election day.
[(3) The registration agent shall write the names of the persons who registered to vote with
the county clerk on the:]
[(a) official register of the voting precinct; and]
[(b) posting list.]
(3) Each satellite registrar shall:
(a) provide voter registration applications for interested citizens;
(b) have maps available for determining precinct locations;
(c) assist citizens in completing the voter registration form;
(d) review completed voter registration forms to ensure that they are accurate and that the
applicant meets eligibility requirements;
(e) return the official proof of registration form to the voter; and
(f) deliver completed registration forms to the county clerk.
(4) The county clerk shall:
(a) record the new voters into the official register and posting list or prepare an addendum
of new voters for the official register and posting list; and
(b) before election day, deliver the official register, posting list, and addendum, if any, to the
election judges of each voting precinct.
[(4)] (5) During the time voter registration is being held, [registration agents] satellite
- 27 -
registrars may not display any political signs, posters, or other designations of support for candidates,
issues, or political parties on the premises.
Section 16.
Section
20A-5-204
is amended to read:
20A-5-204. Duplicate registration.
[(1) (a) Before the Saturday immediately before election day, registration agents who have
received notification of persons registering under the methods outlined in this chapter shall verify
actual residency in the district.]
[(b) If the agent is unable to confirm residency, the agent shall notify the county clerk and
enter the words: "To be challenged" opposite the registered name, together with the grounds for
disqualification.]
[(2)] (1) (a) Upon finding duplicate registration, the county clerk shall first check for errors
in the record.
[(b)] (2) If duplicate registration does exist, the clerk shall:
[(i)] (a) eliminate one registration entry; and
[(ii)] (b) change the date of voter registration on the voter's file to the most recent registration
date.
Section 17.
Section
20A-5-205
is amended to read:
20A-5-205. Delivery of official register.
(1) Before delivering the official register to the election judges, the [election officer and
registration agent] county clerk shall attach the certificate required by law to the book.
(2) [(a)] The [registration agent] county clerk shall deliver the official register and the
posting list, its accuracy verified by his signature, to an election judge in each voting precinct by
noon on the day before the election.
[(b) The registration agent shall obtain a receipt for the official register from the election
judge.]
Section 18.
Section
20A-5-401
is amended to read:
20A-5-401. Official register and posting book -- Preparation -- Contents.
(1) (a) Before the registration days for each regular general or municipal general election,
- 28 -
each county clerk shall prepare an official register and posting [book] list of voters for each voting
precinct that will participate in the election.
(b) The county clerk shall ensure that the official register and posting [book] list are bound
or loose leaf books prepared for the alphabetical entry of names and ruled in columns of suitable
dimensions to provide for the following entries:
(i) registered voter's name;
(ii) party affiliation;
(iii) grounds for challenge;
(iv) name of person challenging a voter;
(v) ballot numbers, primary, November, special;
(vi) date of birth;
(vii) place of birth;
(viii) place of current residence;
(ix) street address;
(x) zip code; and
(xi) space for the voter to sign his name for each election.
[(2) The county clerk shall deliver the official register and the posting book to the
registration agent of the voting precinct at least five days before the first day of registration.]
[(3)] (2) (a) For municipal, special district, and bond elections, the county clerk shall make
an official register and posting [book] list only for voting precincts affected by the municipal, special
district, or bond election.
(b) Municipalities shall pay the costs of making the official register and posting [book] list.
Section 19.
Section
20A-5-604
is amended to read:
20A-5-604. Receipt of ballots, official register, and posting book by election judge.
(1) [(a)] The election judge who receives official or substitute ballots from the election
officer shall:
[(i)] (a) sign a receipt for them and file it with the election officer; and
[(ii)] (b) produce the packages in the proper polling place with the seals unbroken.
- 29 -
[(b)] (2) If the election judge receives packages of substitute ballots accompanied by a
written and sworn statement of the election officer that the ballots are substitute ballots because the
original ballots were not received, were destroyed, or were stolen, the election judge shall produce
the packages of substitute ballots in the proper polling place with the seals unbroken.
[(2) When the registration agent provides an election judge with a copy of the official
register and posting book on the day before the election, the election judge shall give the registration
agent a receipt for the official register and posting book.]
Section 20.
Section
20A-5-605
is amended to read:
20A-5-605. Duties of election judges on election day.
(1) (a) Receiving judges shall arrive at the polling place 30 minutes before the polls open
and remain until the official election returns are prepared for delivery.
(b) Counting judges shall be at the polls as directed by the election officer and remain until
the official election returns are prepared for delivery.
(2) Upon their arrival to open the polls, each set of election judges shall:
(a) designate which judge shall preside and which judges shall act as clerks;
(b) in voting precincts using paper ballots, select one of their number to deliver the election
returns to the election officer or to the place that the election officer designates;
(c) in voting precincts using ballot cards, select two of their number, each from a different
party, to deliver the election returns to the election officer or to the place that the election officer
designates;
(d) display the United States flag;
(e) open the voting devices and examine them to see that they are in proper working order;
(f) place the voting devices, voting booths, and the ballot box in plain view of election
judges and watchers;
(g) open the ballot packages in the presence of all the judges;
(h) check the ballots, supplies, records, and forms;
(i) if directed to do so by the election officer, make any necessary corrections to the official
ballots before they are distributed at the polls;
- 30 -
(j) post the sample ballots, instructions to voters, and constitutional amendments, if any;
(k) hang the posting list near the polling place entrance; and
(l) open the ballot box in the presence of those assembled, turn it upside down to empty it
of anything, and then, immediately before polls open, lock it, or if locks and keys are not available,
tape it securely.
(3) (a) If any election judge fails to appear on the morning of the election, or fails or refuses
to act, at least six qualified electors from the voting precinct who are present at the polling place at
the hour designated by law for the opening of the polls shall fill the vacancy by appointing another
qualified person from the voting precinct who is a member of the same political party as the judge
who is being replaced to act as election judge.
(b) If a majority of the receiving election judges are present, they shall open the polls, even
though the alternate judge has not arrived.
(4) (a) If it is impossible or inconvenient to hold an election at the polling place designated,
the election judges, after having assembled at or as near as practicable to the designated place, and
before receiving any vote, may move to the nearest convenient place for holding the election.
(b) If the judges move to a new polling place, they shall display a proclamation of the change
and station a police officer or some other proper person at the original polling place to notify voters
of the location of the new polling place.
(5) If the election judge who received delivery of the ballots produces packages of substitute
ballots accompanied by a written and sworn statement of the election officer that the ballots are
substitute ballots because the original ballots were not received, were destroyed, or were stolen, the
election judges shall use those substitute ballots as the official election ballots.
(6) If, for any reason, none of the official or substitute ballots are ready for distribution at
a polling place or, if the supply of ballots is exhausted before the polls are closed, the election judges
may use unofficial ballots, made as nearly as possible in the form of the official ballot, until
substitutes prepared by the election officer are printed and delivered.
[(7) (a) If any registration agent has failed or refused to deliver a copy of the official register
of the voting precinct to the election judges, the election judges may take and use the posting list that
- 31 -
is posted in the voting precinct.]
[(b) The election judges shall include a note in their returns explaining the reason for using
that posting list instead of the copy of the official register that should have been delivered to them.]
[(8)] (7) When it is time to open the polls, one of the election judges shall announce that the
polls are open as required by Section 20A-1-302
.
[(9)] (8) (a) The election judges shall