Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 220 (2015GS)

Sponsor

Rep. Chavez-Houck, R.

Final action

Governor Signed 3/24/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that when an absentee ballot is submitted by mail, the ballot is timely if the ballot is clearly postmarked, or otherwise clearly marked as received by the post office, before election day.

Every vote on this bill

Bill text

VOTE BY MAIL AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Rebecca Chavez-Houck
Senate Sponsor: 
Peter C. Knudson
LONG TITLE
General Description:
This bill amends provisions relating to when an absentee ballot is considered valid.
Highlighted Provisions:
This bill:
▸ provides that when an absentee ballot is submitted by mail, the ballot is timely if the
ballot is clearly postmarked, or otherwise clearly marked as received by the post
office, before election day.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3-306
, as last amended by Laws of Utah 2013, Chapters 198, 219, 320 and last
amended by Coordination Clause, Laws of Utah 2013, Chapter 198
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-3-306
 is amended to read:
20A-3-306.
Voting ballot -- Returning ballot.
(1) (a) Except as provided by Section 
20A-1-308
, to vote a mail-in absentee ballot, the
absentee voter shall:
(i) complete and sign the affidavit on the envelope;
(ii) mark the votes on the absentee ballot;
(iii) place the voted absentee ballot in the envelope;
(iv) securely seal the envelope; and
(v) attach postage, unless voting in accordance with Section 
20A-3-302
, and deposit
the envelope in the mail or deliver it in person to the election officer from whom the ballot was
obtained.
(b) Except as provided by Section 
20A-1-308
, to vote an absentee ballot in person at the
office of the election officer, the absent voter shall:
(i) complete and sign the affidavit on the envelope;
(ii) mark the votes on the absent-voter ballot;
(iii) place the voted absent-voter ballot in the envelope;
(iv) securely seal the envelope; and
(v) give the ballot and envelope to the election officer.
(2) Except as provided by Section 
20A-1-308
, an absentee ballot is not valid unless:
(a) in the case of an absentee ballot that is voted in person, the ballot is:
(i) applied for and cast in person at the office of the appropriate election officer no later
than the Thursday before election day; or
(ii) submitted on election day at a polling location in the political subdivision where
the absentee voter resides;
(b) in the case of an absentee ballot that is submitted by mail, the ballot is:
(i) clearly postmarked before election day
, or otherwise clearly marked by the post
office as received by the post office before election day
; and
(ii) received in the office of the election officer before noon on the day of the official
canvass following the election; or
(c) in the case of a military-overseas ballot, the ballot is submitted in accordance with
Section 
20A-16-404
.
(3) An absentee voter may submit a completed absentee ballot at a polling location in a
political subdivision holding the election, if the absentee voter resides in the political
subdivision.
(4) An absentee voter may submit an incomplete absentee ballot at a polling location
for the voting precinct where the voter resides, request that the ballot be declared spoiled, and
vote in person.
Section 2. 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, 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, 
and is not otherwise marked by the post office as received by the post
office before the voter registration deadline,
 the county clerk shall:
(a) unless the applicant registers 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 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 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 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 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 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, 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.