Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 16 (2017GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/17/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• defines terms;
• reorganizes existing code related to the selection of voting equipment;
• changes the requirements by which voting equipment is certified;
• modifies the authority of a Voting Equipment Selection Committee; and
• creates the Voting Equipment Grant Program.

Every vote on this bill

Bill text

VOTING REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Margaret Dayton
LONG TITLE
General Description:
This bill addresses the certification and purchase of new voting equipment.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ reorganizes existing code related to the selection of voting equipment;
▸ changes the requirements by which voting equipment is certified;
▸ modifies the authority of a Voting Equipment Selection Committee; and
▸ creates the Voting Equipment Grant Program.
Money Appropriated in this Bill:
This bill appropriates:
▸ to the Governor's Office -- Lieutenant Governor's Office, as a one-time
appropriation:
• from the General Fund, $275,000, subject to intent language stating that the
appropriation is non-lapsing and restricting the use of funds to a specific
program.
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
63I-2-220
, as last amended by Laws of Utah 2016, Chapters 28 and 348
ENACTS:
20A-5-801
, Utah Code Annotated 1953
20A-5-804
, Utah Code Annotated 1953
RENUMBERS AND AMENDS:
20A-5-802
, (Renumbered from 20A-5-402.5, as last amended by Laws of Utah 2010,
Chapter 8)
20A-5-803
, (Renumbered from 20A-5-402.7, as last amended by Laws of Utah 2010,
Chapter 286)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-5-801
 is enacted to read:
Part 8. Voting Equipment Selection and Certification
 20A-5-801.
Definitions.
As used in this part:
(1) "New voting equipment system" means voting equipment that is operated in a
materially different way or that functions in a materially different way than the equipment
being replaced.
(2) "Voting equipment" means the following equipment used for an election:
(a) automatic tabulating equipment;
(b) an electronic voting system;
(c) a voting device; or
(d) a voting machine.
Section 2. Section 
20A-5-802
, which is renumbered from Section 20A-5-402.5 is
renumbered and amended to read:
[
20A-5-402.5
].
 20A-5-802.
Certification of voting equipment.
[
(1) As used in this section, "voting equipment" means automatic tabulating
equipment, electronic voting systems, voting devices, and voting machines.
]
[
(2) Each election officer shall ensure that:
]
[
(a) the voting equipment used by the election officer is certified by the Election
Assistance Commission; and
]
(1) For the voting equipment used in the jurisdiction over which an election officer has
authority, the election officer shall:
(a) before each election, use logic and accuracy tests to ensure that the voting
equipment performs the voting equipment's functions accurately;
(b) develop and implement a procedure to protect the physical security of the voting
equipment; and
[
(b)
] 
(c) ensure that
 the voting equipment is certified by the lieutenant governor 
under
Subsection (2)
 as having met the requirements of this section.
[
(3)
] 
(2) (a)
 The lieutenant governor shall ensure that all voting equipment used
[
complies with the requirements of this section.
] 
in the state is independently tested using
security testing protocols and standards that:
(i) are generally accepted in the industry at the time the lieutenant governor reviews the
voting equipment for certification; and
(ii) meet the requirements of Subsection (2)(b).
(b) The testing protocols and standards described in Subsection (2)(a) shall require that
a voting system:
(i) is accurate and reliable;
(ii) possesses established and maintained access controls;
(iii) has not been fraudulently manipulated or tampered with;
(iv) is able to identify fraudulent or erroneous changes to the voting equipment; and
(v) protects the secrecy of a voter's ballot.
(c) The lieutenant governor may comply with the requirements of Subsection (2)(a) by
certifying voting equipment that has been certified by:
(i) the United States Election Assistance Commission; or
(ii) a laboratory that has been accredited by the United States Election Assistance
Commission to test voting equipment.
(d) Voting equipment used in the state may include technology that allows for ranked-
choice voting.
Section 3. Section 
20A-5-803
, which is renumbered from Section 20A-5-402.7 is
renumbered and amended to read:
[
20A-5-402.7
].
 20A-5-803.
Voting Equipment Selection Committee.
[
(1) As used in this section, "new voting equipment system" means voting equipment
that is operated in a materially different way or that functions in a materially different way than
the equipment being replaced.
]
[
(2)
] 
(1)
 Before selecting or purchasing a new voting equipment system [
after January
1, 2007
], the lieutenant governor shall:
(a) appoint a Voting Equipment Selection Committee; and
(b) ensure that the committee includes persons having experience in:
(i) election procedures and administration;
(ii) computer technology;
(iii) data security;
(iv) auditing; and
(v) access for persons with disabilities.
[
(3)
] 
(2)
 A member may not receive compensation or benefits for the member's service,
but may receive per diem and travel expenses in accordance with:
(a) Section 
63A-3-106
;
(b) Section 
63A-3-107
; and
(c) rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and
63A-3-107
.
[
(4)
] 
(3)
 The lieutenant governor shall select a chair from the committee membership.
[
(5)
] 
(4)
 The lieutenant governor may fill any vacancies that occur on the committee.
[
(6) The lieutenant governor's office
]
(5) The Office of the Lieutenant Governor
 shall provide staffing for the committee.
[
(7)
] 
(6)
 The Voting Equipment Selection Committee shall:
(a) evaluate new voting equipment systems proposed for purchase by the state; and
(b) provide information and recommendations to assist the lieutenant governor with the
purchase of new voting equipment systems.
[
(8)
] 
(7)
 The lieutenant governor may designate individuals, including committee
members, to inspect and review proprietary software as part of an evaluation of new voting
equipment systems under consideration for purchase.
(8) (a) The Voting Equipment Selection Committee may establish requirements for a
new voting equipment system purchased under Section 
20A-5-804
 through the Voting
Equipment Grant Program.
(b) A requirement established under Subsection (8)(a) is not binding unless the
recommendation:
(i) is consistent with the requirements described in Section 
20A-5-804
 for the Voting
Equipment Grant Program; and
(ii) specifically states that the recommendation is for voting equipment purchased
through the Voting Equipment Grant Program.
(9) Before making any selection or purchase, the lieutenant governor shall provide for a
period of public review and comment on new voting equipment systems under consideration
for purchase by the state.
Section 4. Section 
20A-5-804
 is enacted to read:
 20A-5-804.
Voting Equipment Grant Program -- Qualifications for receipt --
Matching funds -- Acceptable uses.
(1) As used in this section:
(a) "Program" means the Voting Equipment Grant Program created in this section.
(b) "Proportional reimbursement rate" means the dollar amount equal to the product of:
(i) the total amount of funds appropriated by the Legislature to the program; and
(ii) the quotient of:
(A) the total number of active voters in a county; and
(B) the total number of registered voters in the state.
(2) (a) There is created the Voting Equipment Grant Program as a grant program to
assist counties in purchasing new voting equipment systems.
(b) The lieutenant governor shall administer the program using funds appropriated by
the Legislature for the purpose of administering the program.
(3) (a) After January 1, 2018, a county may submit a proposal to the Office of the
Lieutenant Governor to participate in and receive funds from the program.
(b) A proposal described in Subsection (3)(a) shall:
(i) describe the current condition of the voting equipment used by the county;
(ii) describe the county's need for a new voting equipment system;
(iii) describe how the county plans to comply with the requirements described in
Subsection (4), including:
(A) a description of how the county plans to provide the matching funds described in
Subsection (4)(b) if the proposal is accepted; and
(B) a schedule by which the requirements will be met; and
(iv) contain a detailed estimate of the gross cost of procuring a new voting equipment
system.
(4) A county that receives funds through a program grant:
(a) shall use the funds to purchase a new voting equipment system that:
(i) meets the requirements of Section 
20A-5-802
;
(ii) creates a secure and auditable paper record of each vote; and
(iii) complies with any additional binding requirement made under Subsection
20A-5-803
(8) by the Voting Equipment Selection Committee;
(b) shall, for the purpose of purchasing a new voting equipment system, appropriate
matching funds equal to or greater than the difference of:
(i) the amount described in Subsection (3)(b)(iv) in the proposal that the lieutenant
governor accepts under Subsection (6)(b); and
(ii) the amount the lieutenant governor is required to disburse to the county under
Subsection (7)(a);
(c) may not use funds disbursed under Subsection (6)(b)(i)(D) or appropriated under
Subsection (4)(b) for a purpose or in a manner that is not authorized by this section;
(d) except as provided in Subsection (5), may not, after using a new voting equipment
system in an election that was purchased under this section, use voting equipment that does not
meet the requirements described in Subsection (4)(a); and
(e) shall purchase a new voting equipment system described under Subsection (4)(a)
that provides the best value to the county with consideration for the new voting equipment
system's:
(i) cost of maintenance;
(ii) estimated operational lifetime; and
(iii) cost of replacement.
(5) A county that receives funds through the program may use voting equipment that
does not comply with the requirements described in Subsection (4)(a)(ii) or (iii):
(a) to the extent that using the voting equipment is necessary to accommodate a person
with a disability in accordance with the requirements described in Subsection 
20A-3-302
(6)(b),
20A-3-603
(1)(c), 
20A-5-303
(8), or 
20A-5-403
(2)(b)(iii); or
(b) if the county purchased the voting equipment before receiving grant funds under
Subsection (7)(a).
(6) Upon receipt of a proposal described in Subsection (3), the lieutenant governor
shall:
(a) review the proposal to ensure that:
(i) the proposal complies with the requirements described in Subsection (3); and
(ii) the cost estimate described in Subsection (3)(b)(iv) appears to be reasonable; and
(b) (i) if the proposal complies with the requirements described in Subsection (3), the
cost estimate appears to be reasonably accurate, and sufficient program funds are available:
(A) accept the proposal;
(B) notify the county clerk of the county that submitted the proposal that the proposal
is accepted;
(C) notify the county clerk of the requirements described in Subsection (7); and
(D) disburse the funds described in Subsection (7)(a), in accordance with the
requirements described in Subsection (7)(b), to the county that submitted the proposal; or
(ii) if the proposal does not comply with the requirements described in Subsection (3),
the cost estimate does not appear to be reasonable, or sufficient program funds are not
available:
(A) reject the proposal; and
(B) notify the county clerk of the county that submitted the proposal that the proposal
is rejected, indicating the reason that the proposal is rejected.
(7) The lieutenant governor:
(a) shall disburse funds under Subsection (6)(b)(i)(D) equal to the lesser of:
(i) 50% of the amount described in Subsection (3)(b)(iv) in the proposal that the
lieutenant governor accepts under Subsection (6)(b); or
(ii) the proportional reimbursement rate; and
(b) may not disburse funds under Subsection (6)(b)(i)(D):
(i) until the county appropriates the matching funds described in Subsection (4)(b); or
(ii) if the disbursement would cause the county's total receipt of funds from the
program to exceed the proportional reimbursement rate.
Section 5. Section 
63I-2-220
 is amended to read:
63I-2-220.
Repeal dates, Title 20A.
[
On January 1, 2017:
]
[
(1) in Subsection 
20A-1-102
(71), the language that states "State Board of Education
and" is repealed;
]
[
(2) in Subsection 
20A-9-201
(4)(a), the language that states "and State Board of
Education candidates" is repealed;
]
[
(3) Subsection 
20A-9-201
(9) is repealed;
]
[
(4) in Subsection 
20A-9-403
(4)(c), the language that states "State Board of Education
and" is repealed;
]
[
(5) in Subsection 
20A-9-403
(5)(a), the language that states "State Board of Education
or" is repealed; and
]
[
(6) Section 
20A-14-104
 is repealed.
]
(1) Subsection 
20A-5-803
(8) is repealed July 1, 2023.
(2) Section 
20A-5-804
 is repealed July 1, 2023.
Section 6. 
Appropriation.
The following sums of money are appropriated for the fiscal year beginning July 1,
2017, and ending June 30, 2018. These are additions to amounts previously appropriated for
fiscal year 2018. Under the terms and conditions of Title 63J, Chapter 1, Budgetary Procedures
Act, the Legislature appropriates the following sums of money from the funds or accounts
indicated for the use and support of the government of the state of Utah.
ITEM 1
To the Governor's Office
From General Fund, One-time
$275,000
Schedule of Programs:
Lieutenant Governor's Office $275,000
The Legislature intends that:
(1) the Office of the Lieutenant Governor expend appropriations provided under this
item to implement the Voting Equipment Grant Program created under Section 
20A-5-804
; and
(2) under Section 
63J-1-603
, appropriations provided by this item not lapse at the close
of fiscal year 2018.