Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 230 Second Substitute (2017GS)

Sponsor

Rep. Daw, B.

Final action

Governor Signed 3/24/2017

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• creates requirements for an election officer who receives an invalid absentee ballot;
• changes the time by which a county clerk is required to remove a deceased individual's name from the official register;
• makes changes to the process by which a paper ballot is adjudicated when a question arises regarding a vote recorded on the paper ballot; and
• makes technical changes.

Every vote on this bill

Bill text

ELECTIONS REVISIONS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Brad M. Daw
Senate Sponsor: 
Deidre M. Henderson
LONG TITLE
General Description:
This bill changes processes related to elections. 
Highlighted Provisions:
This bill:
▸ creates requirements for an election officer who receives an invalid absentee ballot;
▸ changes the time by which a county clerk is required to remove a deceased
individual's name from the official register;
▸ makes changes to the process by which a paper ballot is adjudicated when a
question arises regarding a vote recorded on the paper ballot; and
▸ makes technical changes. 
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
20A-2-305
, as last amended by Laws of Utah 2012, Chapters 33 and 52
20A-3-302
, as last amended by Laws of Utah 2015, Chapter 173
20A-3-305
, as last amended by Laws of Utah 2016, Chapter 24
20A-4-104
, as last amended by Laws of Utah 2006, Chapter 326
20A-4-105
, as last amended by Laws of Utah 2013, Chapter 390
Utah Code Sections Affected by Coordination Clause:
20A-3-302
, as last amended by Laws of Utah 2015, Chapter 173
 20A-3-308
, as last amended by Laws of Utah 2012, Chapter 309
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-305
 is amended to read:
20A-2-305.
Removing names from the official register -- General requirements.
(1) The county clerk may not remove a voter's name from the official register because
the voter has failed to vote in an election.
(2) The county clerk shall remove a voter's name from the official register if:
(a) the voter dies and the requirements of Subsection (3) are met;
(b) the county clerk, after complying with the requirements of Section 
20A-2-306
,
receives written confirmation from the voter that the voter no longer resides within the county
clerk's county;
(c) the county clerk has:
(i) obtained evidence that the voter's residence has changed;
(ii) mailed notice to the voter as required by Section 
20A-2-306
;
(iii) (A) received no response from the voter; or
(B) not received information that confirms the voter's residence; and
(iv) the voter has failed to vote or appear to vote in an election during the period
beginning on the date of the notice described in Section 
20A-2-306
 and ending on the day after
the date of the second regular general election occurring after the date of the notice;
(d) the voter requests, in writing, that the voter's name be removed from the official
register;
(e) the county clerk receives a returned voter identification card, determines that there
was no clerical error causing the card to be returned, and has no further information to contact
the voter;
(f) the county clerk receives notice that a voter has been convicted of any felony or a
misdemeanor for an offense under this title and the voter's right to vote has not been restored as
provided in Section 
20A-2-101.3
 or 
20A-2-101.5
; or
(g) the county clerk receives notice that a voter has registered to vote in another state
after the day on which the voter registered to vote in this state.
(3) The county clerk shall remove a voter's name from the [
registration list within 21
days of receipt of
] 
official register within five business days after the day on which the county
clerk receives
 confirmation from the Department of Health's Bureau of Vital Records that [
a
]
the
 voter is deceased.
Section 2. Section 
20A-3-302
 is amended to read:
20A-3-302.
Conducting entire election by absentee ballot.
(1) 
(a)
 Notwithstanding Section 
17B-1-306
, an election officer may administer an
election entirely by absentee ballot.
(b) An election officer who administers an election entirely by absentee ballot, except
for an election conducted under Section 
20A-7-609.5
, shall, before the following dates, notify
the lieutenant governor that the election will be administered entirely by absentee ballot:
(i) February 1 of an even-numbered year if the election is a regular general election; or
(ii) May 1 of an odd-numbered year if the election is a municipal general election.
(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) 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 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) 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
] 
officer
 determines that the signature on the absentee ballot
does not match the voter's signature that is maintained on file, the election officer shall 
contact
the voter by mail, email, or phone, and inform the voter
 :
(i) that the voter's signature is in question;
(ii) how the voter may resolve the issue;
(iii) that the voter shall sign and deliver an affidavit to the election officer attesting that
the voter voted the absentee ballot;
(iv) that the voter shall provide the voter's:
(A) name and date of birth; and
(B) driver license number or the last four digits of the voter's social security number;
and
(v) that by signing the absentee voter affidavit, the voter authorizes the lieutenant
governor's and county clerk's use of the applicant's signature on the affidavit for voter
identification purposes.
(d) A voter whom an election officer contacts under Subsection (5)(c) shall deliver the
affidavit described in Subsection (5)(c)(iii) to the election officer.
(e) An election officer who receives a signed affidavit under Subsection (5)(d) shall
immediately:
(i) scan the signature on the affidavit electronically and keep the signature on file in the
statewide voter registration database developed under Section 
20A-2-109
; and
[
(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.
]
(ii) if the canvass has not concluded, count the voter's ballot.
(f) An election officer may not count the ballot of a voter to whom the election officer
sends the notice described in Subsection (5)(c) if the election officer does not receive a signed
affidavit from the voter under Subsection (5)(d) or is not otherwise able to establish contact
with the voter to confirm the voter's identity.
(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[
.
]
; and
(d) is subject to an audit conducted under Subsection (7).
(7) (a) The lieutenant governor shall:
(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
an election conducted under this section; and
(ii) after each primary, general, or special election conducted under this section, select
a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
developed under Subsection (7)(a)(i).
(b) The lieutenant governor shall post the results of an audit conducted under this
Subsection (7) on the lieutenant governor's website.
Section 3. Section 
20A-3-305
 is amended to read:
20A-3-305.
Mailing of ballot to voter -- Enclose self-addressed envelope --
Affidavit.
(1) (a) Upon timely receipt of an absentee voter application properly filled out and
signed less than 30 days before the election, the election officer shall either:
(i) give the applicant an official absentee ballot and envelope to vote in the office; or
(ii) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
envelope printed as required in Subsection (2).
(b) No later than 21 days before election day, the election officer shall mail an official
absentee ballot, postage paid, to all absentee voters, other than to a uniformed-service voter or
an overseas voter, who have submitted a properly filled out and signed absentee voter
application before the day on which the ballots are mailed and enclose an envelope printed as
required by Subsection (2).
(2) The election officer shall ensure that:
(a) the name, official title, and post office address of the election officer is printed on
the front of the envelope; and
(b) the following is printed on the back of the envelope:
[
(b)
] 
(i)
 a printed affidavit in substantially the following form [
is printed on the back of
the envelope
]:
"County of ____ State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
in ____ County, Utah and that I am entitled to vote in that voting precinct at the next election. 
I am not a convicted felon currently incarcerated for commission of a felony.
______________________________
Signature of Absentee Voter"
; and
(ii) a warning that the affidavit must be signed by the individual to whom the ballot
was sent and that the ballot will not be counted if the signature on the affidavit does not match
the signature on file with the election officer of the individual to whom the ballot was sent.
(3) If the election officer determines that the absentee voter is required to show valid
voter identification, the election officer shall:
(a) issue the voter a provisional ballot in accordance with Section 
20A-3-105.5
;
(b) instruct the voter to include a copy of the voter's valid voter identification with the
return ballot;
(c) provide the voter clear instructions on how to vote a provisional ballot; and
(d) comply with the requirements of Subsection (2).
Section 4. Section 
20A-4-104
 is amended to read:
20A-4-104.
Counting ballots electronically.
(1) (a) Before beginning to count [
ballot sheets
] 
ballots
 using automatic tabulating
equipment, the election officer shall test the automatic tabulating equipment to ensure that it
will accurately count the votes cast for all offices and all measures.
(b) The election officer shall publish public notice of the time and place of the test at
least 48 hours before the test in one or more daily or weekly newspapers of general circulation
published in the county, municipality, or jurisdiction where the equipment is used.
(c) The election officer shall conduct the test by processing a preaudited group of
[
ballot sheets
] 
ballots
.
(d) The election officer shall ensure that:
(i) a predetermined number of valid votes for each candidate and measure are recorded
on the [
ballot sheets
] 
ballots
;
(ii) for each office, one or more ballot sheets have votes in excess of the number
allowed by law in order to test the ability of the automatic tabulating equipment to reject those
votes; and
(iii) a different number of valid votes are assigned to each candidate for an office, and
for and against each measure.
(e) If any error is detected, the election officer shall determine the cause of the error
and correct it.
(f) The election officer shall ensure that:
(i) the automatic tabulating equipment produces an errorless count before beginning
the actual counting; and
(ii) the automatic tabulating equipment passes the same test at the end of the count
before the election returns are approved as official.
(2) (a) The election officer or his designee shall supervise and direct all proceedings at
the counting center.
(b) (i) Proceedings at the counting center are public and may be observed by interested
persons.
(ii) Only those persons authorized to participate in the count may touch any ballot[
,
ballot sheet,
] or return.
(c) The election officer shall deputize and administer an oath or affirmation to all
persons who are engaged in processing and counting the ballots that they will faithfully
perform their assigned duties.
(d) (i) Counting poll watchers appointed as provided in Section 
20A-3-201
 may
observe the testing of equipment and actual counting of the [
ballot sheets
] 
ballots
.
(ii) Those counting poll watchers may make independent tests of the equipment before
or after the vote count as long as the testing does not interfere in any way with the official
tabulation of the [
ballot sheets
] 
ballots
.
(3) If any ballot [
sheet
] is damaged or defective so that it cannot properly be counted
by the automatic tabulating equipment, the election officer shall 
ensure that two counting
judges jointly
 :
(a) [
cause
] 
create
 a true duplicate copy of the ballot [
sheet to be made
] with an
identifying serial number;
(b) substitute the duplicate 
ballot
 for the damaged 
or defective
 ballot [
sheet
];
(c) label the duplicate ballot [
card
] "duplicate"; and
(d) record the duplicate [
ballot sheet's
] 
ballot's
 serial number on the damaged or
defective ballot [
sheet
].
(4) The election officer may:
(a) conduct an unofficial count before conducting the official count in order to provide
early unofficial returns to the public;
(b) release unofficial returns from time to time after the polls close; and
(c) report the progress of the count for each candidate during the actual counting of
ballots.
(5) The election officer shall review and evaluate the provisional ballot envelopes and
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(6) (a) The election officer or his designee shall:
(i) separate, count, and tabulate any ballots containing valid write-in votes; and
(ii) complete the standard form provided by the clerk for recording valid write-in votes.
(b) In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast
more votes for an office than that voter is entitled to vote for that office, the poll workers shall
count the valid write-in vote as being the obvious intent of the voter.
(7) (a) The election officer shall certify the return printed by the automatic tabulating
equipment, to which have been added write-in and absentee votes, as the official return of each
voting precinct.
(b) Upon completion of the count, the election officer shall make official returns open
to the public.
(8) If for any reason it becomes impracticable to count all or a part of the [
ballot sheets
]
ballots
 with tabulating equipment, the election officer may direct that they be counted manually
according to the procedures and requirements of this part.
(9) After the count is completed, the election officer shall seal and retain the programs,
test materials, and ballots as provided in Section 
20A-4-202
.
Section 5. Section 
20A-4-105
 is amended to read:
20A-4-105.
Standards and requirements for evaluating voter's ballot choices.
[
(1) Each person counting ballots shall apply the standards and requirements of this
section to resolve any questions that arise as ballots are counted.
]
(1) (a) An election officer shall ensure that when a question arises regarding a vote
recorded on a paper ballot, two counting judges jointly adjudicate the ballot in accordance with
the requirements of this section.
(b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
is adjudicated under this section, the counting judges may not count the vote.
(2) Except as provided in Subsection (11), if a voter marks more names than there are
[
persons
] 
individuals
 to be elected to an office, or if [
for any reason it is impossible to
determine the choice of any voter for any office to be filled, the counter may not count that
voter's ballot for that office.
] 
the counting judges cannot determine a voter's choice for an
office, the counting judges may not count the voter's vote for that office.
(3) The [
counter
] 
counting judges
 shall count a defective or incomplete mark on [
any
]
a
 paper ballot if:
(a) [
it
] 
the defective or incomplete mark
 is in the proper place; and
(b) there is no other mark or cross on the [
paper
] ballot indicating the voter's intent to
vote other than as indicated by the 
incomplete or
 defective mark.
(4) (a) When [
the
] 
a
 voter has marked [
the
] 
a
 ballot so that it appears that the voter has
voted more than one straight ticket, the [
election
] 
counting
 judges may not count any votes 
on
the ballot
 for party candidates.
(b) The [
election
] 
counting
 judges shall count the remainder of the ballot if [
it
] 
the
remainder of the ballot
 is voted correctly.
(5) [
A counter
] 
The counting judges
 may not reject a ballot marked by the voter
because of marks on the ballot other than those marks allowed by this section unless the
extraneous marks on a ballot [
or group of ballots
] show an intent by [
a person or group to mark
their ballots so that their ballots
] 
an individual to mark the individual's ballot so that the
individual's ballot
 can be identified.
(6) (a) In counting the ballots, the [
counters
] 
counting judges
 shall give full
consideration to the intent of the voter.
(b) The [
counters
] 
counting judges
 may not invalidate a ballot because of mechanical
[
and
] 
or
 technical defects in voting or failure on the part of the voter to follow strictly the rules
for balloting required by Chapter 3, Voting.
(7) The [
counters
] 
counting judges
 may not reject a ballot because of [
any
] 
an
 error in:
(a) stamping or writing [
any
] 
an
 official endorsement; or
(b) delivering the wrong ballots to [
any
] 
a
 polling place.
(8) The [
counter
] 
counting judges
 may not count [
any
] 
a
 paper ballot that does not have
the official endorsement by an election officer.
(9) The [
counter
] 
counting judges
 may not count [
any
] 
a
 ballot proposition vote or
candidate vote for which the voter is not [
"
]legally entitled to vote[
"
]
,
 as [
used
] 
defined
 in
Section 
20A-4-107
.
(10) If the [
counter discovers
] 
counting judges discover
 that the name of a candidate
[
voted for
] is misspelled 
on a ballot,
 or that the initial letters of a candidate's given name are
transposed or omitted in [
part or altogether, the counter
] 
whole or in part on a ballot, the
counting judges
 shall count [
the
] 
a
 voter's vote for [
that
] 
the
 candidate if it is apparent that the
voter intended to vote for [
that
] 
the
 candidate.
(11) The [
counter
] 
counting judges
 shall count a vote for the president and the vice
president of any political party as a vote for the presidential electors selected by the political
party.
(12) In counting the valid write-in votes, if, by casting a valid write-in vote, a voter has
cast more votes for an office than that voter is entitled to vote for that office, the 
counting
judges shall count the valid write-in vote as being the obvious intent of the voter.
Section 6. 
 Coordinating H.B. 230 with H.B. 12 -- Substantive and technical
amendments.
If this H.B. 230 and H.B. 12, Disposition of Ballots Amendments, both pass and
become law, it is the intent of the Legislature that the Office of Legislative Research and
General Counsel prepare the Utah Code database for publication as follows:
(1) Section 
20A-3-302
 is amended to read:
"
20A-3-302. Conducting entire election by absentee ballot.
(1) 
(a)
 Notwithstanding Section 
17B-1-306
, an election officer may administer an
election entirely by absentee ballot.
(b) An election officer who administers an election entirely by absentee ballot, except
for an election conducted under Section 
20A-7-609.5
, shall, before the following dates, notify
the lieutenant governor that the election will be administered entirely by absentee ballot:
(i) February 1 of an even-numbered year if the election is a regular general election; or
(ii) May 1 of an odd-numbered year if the election is a municipal general election.
(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) 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 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) 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
] 
receipt of a returned absentee
ballot
, 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
] 
review and
process the ballot under Section 20A-3-308
.
[
(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[
.
]
; and
(d) is subject to an audit conducted under Subsection (7).
(7) (a) The lieutenant governor shall:
(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
an election conducted under this section; and
(ii) after each primary, general, or special election conducted under this section, select
a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
developed under Subsection (7)(a)(i).
(b) The lieutenant governor shall post the results of an audit conducted under this
Subsection (7) on the lieutenant governor's website."; and
(2) Subsections 20A-3-308(5) through (9) are amended to read:
"
[
(5) (a) An election officer shall notify a voter if a poll worker rejects the voter's ballot
and specify the reason for the rejection.
]
[
(b) An election officer shall give the notice described in Subsection (5)(a) to a voter
no later than seven days after:
]
[
(i) election day if the election officer receives the ballot before or on election day;
and
]
[
(ii) the canvass if the election officer receives the ballot after election day and before
the end of the canvass.
]
(5) (a) If the election officer rejects an individual's absentee ballot because the election
officer determines that the signature on the ballot does not match the individual's signature that
is maintained on file, the election officer shall contact the individual in accordance with
Subsection (7) by mail, email, text message, or phone, and inform the individual:
(i) that the individual's signature is in question;
(ii) how the individual may resolve the issue;
(iii) that, in order for the ballot to be counted, the individual is required to deliver to
the election officer a correctly completed affidavit, provided by the county clerk, that meets the
requirements described in Subsection (5)(b).
(b) An affidavit described in Subsection (5)(a)(iii) shall include:
(i) an attestation that the individual voted the absentee ballot;
(ii) a space for the individual to enter the individual's name, date of birth, and driver
license number or the last four digits of the individual's social security number;
(iii) a space for the individual to sign the affidavit; and
(iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
governor's and county clerk's use of the individual's signature on the affidavit for voter
identification purposes.
(c) In order for an individual described in Subsection (5)(a) to have the individual's
ballot counted, the individual shall deliver the affidavit described in Subsection (5)(b) to the
election officer.
(d) An election officer who receives a signed affidavit under Subsection (5)(c) shall
immediately:
(i) scan the signature on the affidavit electronically and keep the signature on file in the
statewide voter registration database developed under Section 
20A-2-109
; and
(ii) if the canvass has not concluded, count the individual's ballot.
(6) An election officer who rejects an individual's absentee ballot for any reason, other
than the reason described in Subsection (5)(a), shall notify the individual of the rejection in
accordance with Subsection (7) by mail, email, text message, or phone and specify the reason
for the rejection.
(7) An election officer who is required to give notice under Subsection (5) or (6) shall
give the notice no later than:
(a) if the election officer rejects the absentee ballot before election day:
(i) one business day after the day on which the election officer rejects the absentee
ballot, if the election officer gives the notice by email or text message; or
(ii) two business days after the day on which the election officer rejects the absentee
ballot, if the election officer gives the notice by postal mail or phone;
(b) seven days after election day if the election officer rejects the absentee ballot on
election day; or
(c) seven days after the canvass if the election officer rejects the absentee ballot after
election day and before the end of the canvass.
(8) An election officer may not count the absentee ballot of an individual whom the
election officer contacts under Subsection (5) or (6) unless the election officer receives a signed
affidavit from the individual under Subsection (5)(b) or is otherwise able to establish contact
with the individual to confirm the individual's identity.
[
(6)
] 
(9)
 The election officer shall retain and preserve the absentee voter envelopes in
the manner provided by law for the retention and preservation of official ballots voted at that
election.
".