Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 21 (2016GS)

Sponsor

Rep. Eliason, S.

Final action

Governor Signed 3/18/2016

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides for the daily disclosure of the results of absentee ballots and provisional ballots counted during the period beginning on the day after the election date and ending on the day before the canvass date; and
• makes technical and conforming amendments.

Every vote on this bill

Bill text

ELECTION REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Howard A. Stephenson
LONG TITLE
General Description:
This bill amends provisions of the Election Code relating to reporting the results of
counted absentee and provisional ballots.
Highlighted Provisions:
This bill:
▸ provides for the daily disclosure of the results of absentee ballots and provisional
ballots counted during the period beginning on the day after the election date and
ending on the day before the canvass date; and
▸ makes technical and conforming amendments.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3-309
, as last amended by Laws of Utah 2007, Chapter 97
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-3-309
 is amended to read:
20A-3-309.
Absentee ballots and provisional ballots in the custody of the election
officer -- Disposition -- Counting -- Release of number of absentee ballots cast.
(1) The election officer shall deliver all envelopes containing valid absentee ballots 
and
valid provisional ballots
 that are in the election officer's custody to the place of the official
canvass of the election by noon on the day of the official canvass following the election.
(2) (a) [
Absentee
] 
Valid absentee ballots and valid provisional
 ballots may be
processed and counted:
(i) by the election officer before the date of the canvass; and
(ii) at the canvass, by the election officer or poll workers, acting under the supervision
of the official canvassers of the election.
(b) When processing ballots, the election officer and poll workers shall comply with
the procedures and requirements of Section 
20A-3-308
 in opening envelopes, verifying
signatures, confirming eligibility of the ballots, and depositing them in a ballot box.
(3) (a) After all valid absentee ballots 
and valid provisional ballots
 have been
deposited, the [
absentee
] ballots shall be counted in the usual manner.
(b) After the polls close on the date of the election, the election officer shall publicly
release the results of those absentee ballots 
and provisional ballots
 that have been counted on
or before the date of the election.
[
(c) The election officer may not release any results from those absentee ballots that are
counted after the date of the election through the date of the canvass.
]
(c) Except as provided in Subsection (3)(d), on each day, beginning on the day after the
date of the election and ending on the day before the date of the canvass, the election officer
shall publicly release the results of all absentee ballots and provisional ballots counted on that
day.
(d) (i) If complying with Subsection (3)(c) on a particular day will likely result in
disclosing a vote cast by an individual voter, the election officer shall request permission from
the lieutenant governor to delay compliance for the minimum number of days necessary to
protect against disclosure of the voter's vote.
(ii) The lieutenant governor shall grant a request made under Subsection (3)(d)(i) if the
lieutenant governor finds that the delay is necessary to protect against disclosure of a voter's
vote.
[
(d)
] 
(e)
 On the date of the canvass, the election officer shall provide a tally of all
absentee ballots 
and provisional ballots
 counted, and the resulting tally shall be added to the
official canvass of the election.
(4) (a) On the day after the date of the election, the election officer shall determine the
number of absentee ballots received by the election officer at that time and shall make that
number available to the public.
(b) The election officer may elect to publicly release updated totals for the number of
absentee ballots received by the election officer up through the date of the canvass.