Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 321 First Substitute (2015GS)

Sponsor

Rep. Westwood, J.

Final action

Governor Signed 3/25/2015

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• requires a county that administers an election entirely by absentee ballot to provide at least one election day voting center;
• changes notification requirements; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VOTE BY MAIL REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: John R. Westwood
Senate Sponsor: 
Peter C. Knudson
LONG TITLE
General Description:
This bill amends the requirements for an election administered entirely by absentee
ballot.
Highlighted Provisions:
This bill:
▸ requires a county that administers an election entirely by absentee ballot to provide
at least one election day voting center;
▸ changes notification requirements; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3-302
, as last amended by Laws of Utah 2013, Chapter 320
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-3-302
 is amended to read:
20A-3-302.
Conducting entire election by absentee ballot.
(1) Notwithstanding Section 
17B-1-306
, an election officer may administer an election
entirely by absentee ballot.
(2) If the election officer decides to administer an election entirely by absentee ballot,
the election officer shall mail to each registered voter within that voting precinct:
(a) an absentee ballot;
[
(b) a statement that there will be no polling place in the voting precinct for the
election;
]
(b) for an election administered by a county clerk, information regarding the location
and hours of operation of any election day voting center at which the voter may vote;
(c) a [
business
] 
courtesy
 reply mail envelope;
(d) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted; and
(e) 
for an election administered by an election officer other than a county clerk,
 if the
election officer does not operate 
a polling location or
 an election day voting center, 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, the voter 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
] 
A
 voter who votes by absentee ballot under this section is not required to
apply for an absentee ballot as required by this part.
(4) An election officer who administers an election entirely by absentee ballot shall:
(a) (i) obtain, in person, the signatures of each voter within that voting precinct before
the election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
(5) (a) Upon receiving the returned absentee ballots, the election officer 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.
(b) If the election officer questions the authenticity of the signature on the absentee
ballot, the election officer shall immediately contact the voter to verify the signature.
(c) If the election official determines that the signature on the absentee ballot does not
match the voter's signature that is maintained on file, the election officer shall:
(i) unless the absentee ballot application deadline described in Section 
20A-3-304
 has
passed, immediately send another absentee ballot and other voting materials as required by this
section to the voter; and
(ii) disqualify the initial absentee ballot.
(6) A county that administers an election entirely by absentee ballot:
(a) shall provide at least one election day voting center in accordance with Title 20A,
Chapter 3, Part 7, Election Day Voting Center;
(b) shall ensure that an election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
Pub. L. No. 107-252, for individuals with disabilities; and
(c) is not required to pay return postage for an absentee ballot.