Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 281 First Substitute (2018GS)

Sponsor

Rep. Briscoe, J.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• provides that an individual who is 17 years of age may register for and vote in a primary election if the individual will be 18 years of age on or before the date of the general election;
• makes changes to the process of preregistering to vote to conform with the provisions of this bill; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VOTER ELIGIBILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Joel K. Briscoe
Senate Sponsor: 
Kevin T. Van Tassell
Cosponsors:
Rebecca P. Edwards
Brian S. King
Carol Spackman Moss
Lee B. Perry
Jeremy A. Peterson
Marie H. Poulson
Paul Ray
Mike Schultz
Elizabeth Weight
Mike Winder
LONG TITLE
General Description:
This bill modifies provisions of the Election Code relating to voter age requirements.
Highlighted Provisions:
This bill:
▸ provides that an individual who is 17 years of age may register for and vote in a
primary election if the individual will be 18 years of age on or before the date of the
general election;
▸ makes changes to the process of preregistering to vote to conform with the
provisions of this bill; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-101
, as last amended by Laws of Utah 2011, Chapter 395
20A-2-101.1
, as enacted by Laws of Utah 2015, Chapter 130
ENACTS:
20A-3-101.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-101
 is amended to read:
20A-2-101.
Eligibility for registration.
(1) Except as provided in Subsection (2), [
any person may apply to
] 
an individual may
register to vote in an election who:
(a) is a citizen of the United States;
(b) has been a resident of Utah for at least the 30 days immediately before the election;
(c) will be
:
(i)
 at least 18 years [
old
] 
of age
 on the day of the election; [
and
] 
or
(ii) if the election is a regular primary election, a municipal primary election, or a
Western States Presidential Primary:
(A) 17 years of age on or before the day of the regular primary election, municipal
primary election, or Western States Presidential Primary; and
(B) 18 years of age on or before the day of the general election that immediately
follows the regular primary election, municipal primary election, or Western States Presidential
Primary; and
(d) currently resides within the voting district or precinct in which the [
person
]
individual
 applies to register to vote.
(2) (a) (i) [
A person
] 
An individual
 who is involuntarily confined or incarcerated in a
jail, prison, or other facility within a voting precinct is not a resident of that voting precinct and
may not register to vote in that voting precinct unless the [
person
] 
individual
 was a resident of
that voting precinct before the confinement or incarceration.
(ii) [
A person
] 
An individual
 who is involuntarily confined or incarcerated in a jail or
prison is 
a
 resident of the voting precinct in which the [
person
] 
individual
 resided before the
confinement or incarceration.
(b) [
A person
] 
An individual
 who has been convicted of a felony or a misdemeanor for
an offense under this title may not register to vote or remain registered to vote unless the
[
person's
] 
individual's
 right to vote has been restored as provided in Section 
20A-2-101.3
 or
20A-2-101.5
.
(c) [
A person
] 
An individual
 whose right to vote has been restored, as provided in
Section 
20A-2-101.3
 or 
20A-2-101.5
, is eligible to register to vote.
(3) [
A person
] 
An individual
 who is eligible to vote and who resides within the
geographic boundaries of the entity in which the election is held may register to vote in a:
(a) regular general election;
(b) regular primary election;
(c) municipal general election;
(d) municipal primary election;
(e) statewide special election;
(f) local special election;
(g) local district election; [
and
]
(h) bond election[
.
]
; and
(i) Western States Presidential Primary.
Section 2. Section 
20A-2-101.1
 is amended to read:
20A-2-101.1.
Preregistering to vote.
(1) An individual may preregister to vote if the individual:
(a) is 16 or 17 years of age;
[
(b) will not be 18 years of age before the next election;
]
(b) is not eligible to register to vote because the individual does not comply with the
age requirements described in Subsection 
20A-2-101
(1)(c);
(c) is a citizen of the United States;
(d) has been a resident of Utah for at least 30 days; and
(e) currently resides within the voting district or precinct in which the individual
preregisters to vote.
(2) An individual described in Subsection (1) may not vote in an election and is not
registered to vote until:
(a) the individual [
is at least 18 years of age
] 
is otherwise eligible to register to vote
because the individual complies with the age requirements described in Subsection
20A-2-101
(1)(c)
; and
(b) the county clerk registers the individual to vote under Subsection (4).
(3) An individual who preregisters to vote shall:
(a) complete a voter registration form, including an indication that the individual is
preregistering to vote; and
(b) submit the voter registration form to a county clerk in person, by mail, or in any
other manner authorized by this chapter for the submission of a voter registration form.
(4) (a) A county clerk shall:
(i) retain the voter registration form of an individual who meets the qualifications for
preregistration and who submits a completed voter registration form to the county clerk under
Subsection (3)(b);
(ii) register the individual to vote in the next election in which the individual will be
eligible to vote, before the voter registration deadline established in Section 
20A-2-102.5
 for
that election; and
(iii) send a notice to the individual that:
(A) informs the individual that the individual's voter registration form has been
accepted as an application for preregistration;
(B) informs the individual that the individual will be registered to vote in the next
election in which the individual will be eligible to vote; and
(C) indicates in which election the individual will be registered to vote.
(b) An individual who the county clerk registers under Subsection (4)(a)(ii) is
considered to have applied for voter registration on the earlier of:
(i) the day of the voter registration deadline immediately preceding the election day on
which the individual will be at least 18 years of age; or
(ii) the day on which the individual turns 18 years of age.
(c) A county clerk shall refer a voter registration form to the county attorney for
investigation and possible prosecution if the clerk or the clerk's designee believes the
individual is attempting to preregister to vote in an election[
: (i) that will be held on or after the
day on which the individual turns 18 years of age; and (ii)
] in which the individual will not be
legally entitled to vote.
(5) (a) The lieutenant governor or a county clerk shall classify the voter registration
record of an individual who preregisters to vote as a private record until the day on which the
individual turns 18 years of age.
(b) On the day on which the individual described in Subsection (5)(a) turns 18 years of
age, the lieutenant governor or county clerk shall classify the individual's voter registration
record as a public record in accordance with Subsection 
63G-2-301
(2)(l).
(6) If an individual who is at least 18 years of age erroneously indicates on the voter
registration form that the individual is preregistering to vote, the county clerk shall consider the
form as a voter registration form and shall process the form in accordance with this chapter.
Section 3. Section 
20A-3-101.5
 is enacted to read:
 20A-3-101.5.
Age requirements for primary elections -- 17-year-olds may vote.
An individual who is 17 years of age may vote in a regular primary election, a
municipal primary election, or a Western States Presidential Primary, if:
(1) the individual will be 18 years of age on or before the day of the general election
that immediately follows the regular primary election, municipal primary election, or Western
States Presidential Primary;
(2) the individual is registered to vote in accordance with Chapter 2, Voter
Registration;
(3) the individual's political party affiliation, or unaffiliated status, allows the
individual to vote in the election; and
(4) the individual otherwise complies with the requirements to vote in the primary
election.