Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 219 (2015GS)

Sponsor

Rep. Chavez-Houck, R.

Final action

Governor Signed 3/23/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• expands the Election Day Voter Registration Pilot Project to permit an individual to register to vote, and vote, on a day when early voting is held.

Every vote on this bill

Bill text

ELECTION DAY VOTER REGISTRATION PILOT PROJECT
AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca Chavez-Houck
Senate Sponsor: 
 Deidre M. Henderson
LONG TITLE
General Description:
This bill expands the Election Day Voter Registration Pilot Project to permit an
individual to register to vote, and vote, on a day when early voting is held.
Highlighted Provisions:
This bill:
▸ expands the Election Day Voter Registration Pilot Project to permit an individual to
register to vote, and vote, on a day when early voting is held.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-307
, as last amended by Laws of Utah 2014, Chapter 231
20A-3-601
, as last amended by Laws of Utah 2013, Chapter 182
20A-4-108
, as enacted by Laws of Utah 2014, Chapter 231 and last amended by
Coordination Clause, Laws of Utah 2014, Chapter 231
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-307
 is amended to read:
20A-2-307.
County clerks' instructions to election judges.
(1) Each county clerk shall instruct election judges to allow a voter to vote a regular
ballot if:
(a) the voter has moved from one address within a voting precinct to another address
within the same voting precinct; and
(b) the voter affirms the change of address orally or in writing before the election
judges.
(2) Each county clerk shall instruct election judges to allow a person to vote a
provisional ballot if:
(a) the person registers to vote 
during early voting or
 on election day, in accordance
with the pilot project described in Section 
20A-4-108
, by casting a provisional ballot in a
municipality or county that is participating in the pilot project;
(b) the voter's name does not appear on the official register; or
(c) the voter is challenged as provided in Section 
20A-3-202
.
Section 2. Section 
20A-3-601
 is amended to read:
20A-3-601.
Early voting.
(1) [
A person
] 
(a) An individual
 who is registered to vote may vote before the election
date in accordance with this section.
(b) An individual who is not registered to vote may register to vote and vote before the
election date in accordance with this section if the individual:
(i) is otherwise legally entitled to vote the ballot in a jurisdiction that is approved by
the lieutenant governor to participate in the pilot project described in Section 
20A-4-108
; and
(ii) casts a provisional ballot in accordance with Section 
20A-4-108
.
(2) Except as provided in Section 
20A-1-308
, the early voting period shall:
(a) begin on the date that is 14 days before the date of the election; and
(b) continue through the Friday before the election if the election date is a Tuesday.
(3) Except as provided in Section 
20A-1-308
, during the early voting period, the
election officer:
(a) for a local special election, a municipal primary election, and a municipal general
election:
(i) shall conduct early voting on a minimum of four days during each week of the early
voting period; and
(ii) shall conduct early voting on the last day of the early voting period; and
(b) for all other elections:
(i) shall conduct early voting on each weekday; and
(ii) may elect to conduct early voting on a Saturday, Sunday, or holiday.
(4) Except as specifically provided in this Part 6, Early Voting, or Section 
20A-1-308
,
early voting shall be administered according to the requirements of this title.
Section 3. Section 
20A-4-108
 is amended to read:
20A-4-108.
Election day voter registration pilot project.
(1) There is created, beginning on June 1, 2014, and ending on January 1, 2017, an
election day voter registration pilot project, as described in this section.
(2) A county may participate in the pilot project if the county clerk submits to the
lieutenant governor a written application to participate in the pilot project that contains:
(a) the name of the county;
(b) a request that the county be permitted to participate in the pilot project;
(c) an estimate of the extent to which election day voter registration may increase voter
participation; and
(d) any other reasons that the county desires to participate in the project.
(3) A municipality may participate in the pilot project for a municipal election if the
municipal clerk submits to the lieutenant governor a written application to participate in the
pilot project that contains:
(a) the name of the municipality;
(b) a request that the municipality be permitted to participate in the pilot project;
(c) an estimate of the extent to which election day voter registration may increase voter
participation; and
(d) any other reasons that the municipality desires to participate in the project.
(4) Within 10 business days after the day on which the lieutenant governor receives an
application described in Subsection (2) or (3), the lieutenant governor shall approve the
application if:
(a) the application complies with the requirements described in Subsection (2) or (3),
as applicable; and
(b) the lieutenant governor determines, based on the information contained in the
application, that implementing the pilot project in the county or municipality:
(i) will yield valuable information to determine whether election day voter registration
should be implemented on a permanent, statewide basis; and
(ii) will not adversely affect the rights of voters or candidates.
(5) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-2-201
(3)(b)(ii), a registration form is
submitted to the county clerk on the date of the election or during the seven calendar days
before an election, the county clerk shall:
(a) if the person desires to vote in the pending election, inform the person that the
person must, 
during early voting or
 on election day, register to vote by casting a provisional
ballot in accordance with Subsection (10); or
(b) if the person does not desire to vote in the pending election:
(i) accept a registration form from the person if, on the date of the election, the person
will be legally qualified and entitled to vote in a voting precinct in the county or municipality;
and
(ii) inform the person that the person will be registered to vote but may not vote in the
pending election because the person registered too late and chose not to register and vote as
described in Subsection (5)(a).
(6) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-2-202
(3)(a), the county clerk receives
a correctly completed by-mail voter registration form that is postmarked after the voter
registration deadline, the county clerk shall:
(a) unless the applicant registers 
during early voting or
 on election day by casting a
provisional ballot in accordance with Subsection (10), register the applicant for the next
election; and
(b) if possible, promptly phone, mail, or email a notice to the applicant before the
election, informing the applicant that:
(i) the applicant's registration will not be effective until after the election; and
(ii) the applicant may register to vote 
during early voting or
 on election day by casting
a provisional ballot in accordance with Subsection (10).
(7) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-2-204
(5)(a), the county clerk receives
a correctly completed voter registration form that is dated after the voter registration deadline,
the county clerk shall:
(a) unless the applicant registers to vote 
during early voting or
 on election day by
casting a provisional ballot in accordance with Subsection (10), register the applicant after the
next election; and
(b) if possible, promptly phone, mail, or email a notice to the applicant before the
election, informing the applicant that:
(i) the applicant's registration will not be effective until after the election; and
(ii) the applicant may register to vote 
during early voting or
 on election day by casting
a provisional ballot in accordance with Subsection (10).
(8) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-2-205
(7)(a), the county clerk receives
a correctly completed voter registration form that is dated after the voter registration deadline,
the county clerk shall:
(a) unless the applicant registers to vote 
during early voting or
 on election day by
casting a provisional ballot in accordance with Subsection (10), register the applicant after the
next election; and
(b) if possible, promptly phone, mail, or email a notice to the applicant before the
election, informing the applicant that:
(i) the applicant's registration will not be effective until after the election; and
(ii) the applicant may register to vote 
during early voting or
 on election day by casting
a provisional ballot in accordance with Subsection (10).
(9) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-2-206
(8)(c), an individual applies to
register under this section during the six calendar days before an election, the county clerk
shall:
(a) if the individual desires to vote in the pending election, inform the individual that
the individual must, 
during early voting or
 on election day, register to vote by casting a
provisional ballot in accordance with Subsection (10); or
(b) if the individual does not desire to vote in the pending election:
(i) accept the application for registration if the individual, on the date of the election,
will be legally qualified and entitled to vote in a voting precinct in the state; and
(ii) inform the individual that the individual is registered to vote but may not vote in
the pending election because the individual registered too late and chose not to register and
vote as described in Subsection (9)(a).
(10) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project:
(a) the election officer shall take the action described in Subsection (10)(b) in relation
to a provisional ballot if the election officer determines that:
(i) the person who voted the ballot is not registered to vote, but is otherwise legally
entitled to vote the ballot;
(ii) the ballot that the person voted is identical to the ballot for the precinct in which
the person resides;
(iii) the information on the ballot is complete; and
(iv) the person provided valid voter identification and proof of residence to the poll
worker;
(b) if a provisional ballot and the person who voted the provisional ballot comply with
the requirements described in Subsection (10)(a), the election officer shall:
(i) consider the provisional ballot a voter registration form;
(ii) place the ballot with the absentee ballots, to be counted with those ballots at the
canvass; and
(iii) as soon as reasonably possible, register the person to vote; and
(c) except as provided in Subsection (11), the election officer shall retain a provisional
ballot envelope, unopened, for the period specified in Section 
20A-4-202
, if the election officer
determines that the person who voted the ballot:
(i) (A) is not registered to vote in this state; and
(B) is not eligible for registration under Subsection (10); or
(ii) is not legally entitled to vote the ballot that the person voted.
(11) Subsection (10)(c) does not apply if a court orders the election officer to produce
or count the provisional ballot.
(12) For a county or municipality that is approved by the lieutenant governor to
participate in the pilot project, if, under Subsection 
20A-4-107
(4), the election officer
determines that the person is not registered to vote in this state, that the information on the
provisional ballot envelope is complete, and that the provisional ballot and the person who
voted the provisional ballot do not comply with the requirements described in Subsection
(10)(a), the election officer shall:
(a) consider the provisional ballot envelope a voter registration form for the person's
county of residence; and
(b) (i) register the person if the voter's county of residence is within the county; or
(ii) forward the voter registration form to the election officer of the person's county of
residence, which election officer shall register the person.
(13) (a) The county clerk of a county that is approved to participate in the pilot project,
and the municipal clerk of a municipality that is approved to participate in the pilot project,
shall provide training for the poll workers of the county or municipality on administering the
pilot program.
(b) The lieutenant governor shall, for a county or municipality that is approved to
participate in the pilot project, provide information relating to the pilot project in accordance
with the provisions of Subsection 
67-1a-2
(2)(a)(iv).
(14) The lieutenant governor and each county and municipality that is approved by the
lieutenant governor to participate in the pilot project shall:
(a) report to the Government Operations Interim Committee, on or before October 31
of each year that the pilot project is in effect, regarding:
(i) the implementation of the pilot project;
(ii) the number of ballots cast by voters who registered on election day;
(iii) any difficulties resulting from the pilot project; and
(iv) whether, in the opinion of the lieutenant governor, the county, or the municipality,
the state would benefit from implementing election day voter registration permanently and on a
statewide basis; and
(b) on or before December 31, 2016, report to the Legislative Management Committee
regarding the matters described in Subsection (14)(a).
(15) During the 2016 interim, the Government Operations Interim Committee shall
study and make a recommendation to the Legislature regarding whether to implement statewide
election day voter registration on a permanent, statewide basis.
Legislative Review Note
 as of 1-27-15 6:53 PM
Office of Legislative Research and General Counsel