Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 159 First Substitute (2017GS)

Sponsor

Rep. Handy, S.

Final action

House/ filed 3/9/2017

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• amends definitions;
• provides that an individual who applies for or renews the individual's driver license or state identification card will be registered to vote unless the individual opts out;
• allows certain information in a driver license or state identification card application form to be used for voter registration purposes;
• requires a county clerk to send certain information to an individual who registers to vote;
• provides that an individual is not guilty of fraudulent registration if the individual is ineligible to register to vote but is inadvertently registered to vote under this bill; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

AMENDMENTS TO VOTER REGISTRATION
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Stephen G. Handy
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends provisions related to voter registration.
Highlighted Provisions:
This bill:
▸ amends definitions;
▸ provides that an individual who applies for or renews the individual's driver license
or state identification card will be registered to vote unless the individual opts out;
▸ allows certain information in a driver license or state identification card application
form to be used for voter registration purposes;
▸ requires a county clerk to send certain information to an individual who registers to
vote;
▸ provides that an individual is not guilty of fraudulent registration if the individual is
ineligible to register to vote but is inadvertently registered to vote under this bill;
and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-108
, as last amended by Laws of Utah 2015, Chapter 130
20A-2-204
, as last amended by Laws of Utah 2015, Chapter 130
20A-2-304
, as last amended by Laws of Utah 2006, Chapter 264
20A-2-401
, as last amended by Laws of Utah 2015, Chapter 130
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-108
 is amended to read:
20A-2-108.
Driver license or state identification card registration form --
Transmittal of information.
(1) As used in this section, "qualifying form" means:
(a) a driver license application form; or
(b) a state identification card application form.
[
(1)
] 
(2)
 The lieutenant governor and the Driver License Division shall design [
the
driver license application and renewal forms to include the following questions:
] 
each
qualifying form to include the following statement: "If you are qualified to register or
preregister to vote, the information on this form will be used for voter registration purposes,
unless you indicate otherwise by marking here: ___ No, I do not authorize the use of the
information in this form for voter registration purposes."
[
(a) "If you are not registered to vote where you live now, would you like to register to
vote today?"; and
]
[
(b) "If you are 16 or 17 years of age, and will not be 18 years of age before the date of
the next election, would you like to preregister to vote today?"
]
[
(2) (a) The lieutenant governor and the Driver License Division shall design a motor
voter registration form to be used in conjunction with driver license application and renewal
forms.
]
[
(b) Each driver license application and renewal form shall contain:
]
[
(i) a place for the applicant to decline to register or preregister to vote;
]
[
(ii) an eligibility statement in substantially the following form:
]
[
"I do swear (or affirm), subject to penalty of law for false statements, that the
information contained in this form is true, and that I am a citizen of the United States and a
resident of the state of Utah, residing at the above address. Unless I have indicated above that I
am preregistering to vote in a later election, I will be at least 18 years of age and will have
resided in Utah for 30 days immediately before the next election.
]
[
Signed and sworn
]
[
____________________________________________________
]
[
Voter's Signature
]
[
__________(month\day\year)";
]
[
(iii) a citizenship affidavit in substantially the following form:
]
[
"CITIZENSHIP AFFIDAVIT
]
[
Name:
]
[
Name at birth, if different:
]
[
Place of birth:
]
[
Date of birth:
]
[
Date and place of naturalization (if applicable):
]
[
I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
citizen and that to the best of my knowledge and belief the information above is true and
correct.
]
[
____________________________
]
[
Signature of Applicant
]
[
In accordance with Section 
20A-2-401
, the penalty for willfully causing, procuring, or
allowing yourself to be registered or preregistered to vote if you know you are not entitled to
register or preregister to vote is up to one year in jail and a fine of up to $2,500";
]
(3) The lieutenant governor and the Driver License Division shall ensure that a
qualifying form contains:
(a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
Utah residency, and that the information provided in the form is true;
(b) a records disclosure that is similar to the records disclosure on a voter registration
form described in Section 
20A-2-104
;
[
(iv)
] 
(c)
 a statement that if an applicant declines to register or preregister to vote, the
fact that the applicant has declined to register or preregister will remain confidential and will be
used only for voter registration purposes; 
and
[
(v)
] 
(d)
 a statement that if an applicant does register or preregister to vote, the office at
which the applicant submits a voter registration application will remain confidential and will be
used only for voter registration purposes[
; and
]
.
[
(vi) the following statement:
]
[
"The portion of a voter registration form that lists a person's driver license or
identification card number, Social Security number, and email address is a private record. The
portion of a voter registration form that lists a person's date of birth is a private record, the use
of which is restricted to government officials, government employees, political parties, or
certain other persons.
]
[
If you believe that disclosure of any information contained in this voter registration
form to a person other than a government official or government employee is likely to put you
or a member of your household's life or safety at risk, or to put you or a member of your
household at risk of being stalked or harassed, you may apply to the lieutenant governor or your
county clerk to have your entire voter registration record classified as private."
]
[
(3) Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
]
[
(a) review the voter registration form for completeness and accuracy; and
]
[
(b) if the county clerk believes, based upon a review of the form, that a person may be
seeking to register or preregister to vote who is not legally entitled to register or preregister to
vote, refer the form to the county attorney for investigation and possible prosecution.
]
Section 2. Section 
20A-2-204
 is amended to read:
20A-2-204.
Registering to vote when applying for or renewing a driver license.
(1) As used in this section, "voter registration form" means [
the driver license
application/voter registration form and the driver license renewal/voter registration form
required by Section 
20A-2-108
] 
the information on a qualifying form, as defined in Section
20A-2-108
, that can be used for voter registration purposes if the individual named on the form
does not indicate otherwise under Subsection 
20A-2-108
(2)
.
(2) [
Any
] 
A
 citizen who is qualified to vote [
may register
] 
and who completes a voter
registration form under this section shall be registered
 to vote, and [
any
] 
a
 citizen who is
qualified to preregister to vote [
may preregister
] 
and who completes a voter registration form
under this section shall be preregistered
 to vote[
, by completing the voter registration form
].
(3) The Driver License Division shall:
(a) assist [
applicants
] 
an individual
 in completing the voter registration form unless the
[
applicant
] 
individual
 refuses assistance;
[
(b) accept a completed voter registration form and transmit the form to the county
clerk of the county in which the applicant resides within five days after the day on which the
division receives the form;
]
[
(c)
] 
(b) electronically
 transmit each address change 
to the lieutenant governor
 within
five days after the day on which the division receives the address change; and
[
(d) transmit electronically to the lieutenant governor's office the name, address, birth
date, and driver license number of each individual who answers "yes" to a question described
in Subsection 
20A-2-108
(1), and indicate whether the individual is registering or preregistering
to vote.
]
[
(4) (a) Upon receipt of a correctly completed voter registration form from an
individual who is registering to vote, the county clerk shall:
]
[
(i) enter the applicant's name on the list of registered voters for the voting precinct in
which the applicant resides; and
]
[
(ii) notify the applicant of registration.
]
[
(b) Upon receipt of a correctly completed voter registration form from an individual
who is preregistering to vote, the county clerk shall
]
(c) within five days after the day on which the division receives a voter registration
form, electronically transmit the form to the Office of the Lieutenant Governor, including the
name, date of birth, driver license or state identification card number, last four digits of the
social security number, phone number, email address, Utah residential address, mailing
address, place of birth, and signature of the individual named on the form.
(4) Upon receipt of an individual's voter registration form from the Driver License
Division under Subsection (3), the lieutenant governor shall enter the information into the
statewide voter registration database.
(5) The county clerk of an individual whose information is entered into the statewide
voter registration database under Subsection (4) shall:
(a) (i) ensure that the individual meets the qualifications to be registered or
preregistered to vote; and
(ii) if the individual meets the qualifications to be registered to vote:
(A) ensure that the individual is assigned to the proper voting precinct; and
(B) send the individual the notice described in Section 
20A-2-304
; or
(b) if the individual meets the qualifications to be preregistered to vote,
 process the
form in accordance with the requirements of Section 
20A-2-101.1
.
[
(5)
] 
(6)
 (a) If the county clerk receives a correctly completed voter registration form
under this section
 that is dated after the voter registration deadline, the county clerk shall,
unless the individual named in the form is preregistering to vote:
(i) register the [
applicant
] 
individual
 after the next election; and
(ii) if possible, promptly phone or mail a notice to the [
applicant
] 
individual
 before the
election, informing the [
applicant
] 
individual
 that [
his
] 
the individual's
 registration will not be
effective until after the election.
(b) When the county clerk receives a correctly completed voter registration form at
least seven days before an election that is dated on or before the voter registration deadline, the
county clerk shall, unless the individual named in the form is preregistering to vote:
(i) process the voter registration form; and
(ii) record the [
new voter
] 
individual
 in the official register.
[
(6)
] 
(7) (a)
 If the county clerk determines that [
a
] 
an individual's
 voter registration
form received from the Driver License Division is incorrect because of an error [
or
]
,
 because
[
it
] 
the form
 is incomplete
, or because the individual does not meet the qualifications to be
registered to vote
, the county clerk shall mail notice to the individual [
attempting to register or
preregister to vote,
] stating that the individual has not been registered or preregistered because
of an error [
or
]
,
 because the form is incomplete
, or because the individual does not meet the
qualifications to be registered to vote
.
(b) If a county clerk believes, based upon a review of a voter registration form, that an
individual who is not legally entitled to register or preregister to vote may be seeking to register
or preregister to vote, the county clerk shall refer the form to the county attorney for
investigation and possible prosecution.
Section 3. Section 
20A-2-304
 is amended to read:
20A-2-304.
County clerk's responsibilities -- Notice of disposition.
Each county clerk shall:
(1) register to vote each [
applicant for registration
] 
individual
 who meets the
requirements for registration and who:
(a) submits a completed voter registration form to the county clerk [
on or before the
voter registration deadline
];
(b) submits a completed voter registration form
, as defined in Section 
20A-2-204
,
 to
the Driver License Division[
,
]
;
(c) submits a completed voter registration form to
 a public assistance agency[
,
] or a
discretionary voter registration agency [
on or before the voter registration deadline
]; or
[
(c)
] 
(d)
 mails a completed by-mail voter registration form to the county clerk [
on or
before the voter registration deadline
]; and
(2) send a notice to the [
voter
] 
individual submitting a voter registration form
informing the [
voter that
] 
individual
:
(a) 
(i) that
 the [
voter's application for voter registration
] 
individual's voter registration
form
 has been accepted and that the [
voter
] 
individual
 is registered to vote;
(ii) of the procedure for designating or changing the individual's political affiliation;
(iii) of the procedure to cancel a voter registration; and
(iv) if the voter registration form was submitted under Subsection (1)(b) after the voter
registration deadline and before the election to which the deadline pertains, that the individual's
registration will not be effective until after the election;
(b) 
that
 the [
voter's application for voter registration
] 
individual's voter registration
form
 has been rejected and the reason for the rejection; or
(c) 
that
 the [
application for voter registration
] 
individual's voter registration form
 is
being returned to the [
voter
] 
individual
 for further action because the [
application
] 
form
 is
incomplete and giving instructions to the [
voter
] 
individual
 about how to properly complete the
[
application
] 
form
.
Section 4. Section 
20A-2-401
 is amended to read:
20A-2-401.
Fraudulent registration -- Penalty.
(1) (a) An individual may not willfully register to vote, or cause, procure, or allow
himself or herself to be registered to vote, knowing that the individual is not eligible to register
to vote under Section 
20A-2-101
.
(b) A person may not willfully cause, procure, advise, encourage, or assist any
individual to be registered to vote, knowing or believing that the individual is not eligible to
register to vote under Section 
20A-2-101
.
(2) (a) An individual may not willfully preregister to vote, or allow himself or herself
to be preregistered to vote, knowing that the individual is not eligible to preregister to vote
under Section 
20A-2-101.1
.
(b) A person may not willfully cause, advise, encourage, or assist an individual to
preregister to vote, knowing or believing that the individual is not eligible to preregister to vote
under Section 
20A-2-101.1
.
(3) A person is not guilty of violating this section if:
(a) the individual who is ineligible to vote becomes registered to vote under Section
20A-2-204
; and
(b) the person did not:
(i) provide false information; or
(ii) take other action intended to cause the registration of an individual who is
ineligible to vote.
[
(3)
] 
(4)
 A person who violates this section is guilty of a class A misdemeanor.
Legislative Review Note
Office of Legislative Research and General Counsel