Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 74 Fourth Substitute (2018GS)

Sponsor

Sen. Mayne, K.

Final action

Governor Signed 3/19/2018

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• specifies that a qualified person may only obtain a voter's month and year of birth from the list of registered voters instead of a voter's entire date of birth;
• amends the voter registration form;
• allows any individual to request that the individual's voter registration record be classified as a private record;
• amends provisions relating to the process by which a voter may request that the voter's voter registration record be classified as a private record;
• specifies that a governmental entity may share a protected voter registration record with another governmental entity for a purpose related to voter registration or the administration of an election; and
• makes conforming changes.

Every vote on this bill

Bill text

VOTER PRIVACY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Karen Mayne
House Sponsor: 
Rebecca P. Edwards
LONG TITLE
General Description:
This bill amends provisions related to a date of birth on a voter registration record.
Highlighted Provisions:
This bill:
▸ specifies that a qualified person may only obtain a voter's month and year of birth
from the list of registered voters instead of a voter's entire date of birth;
▸ amends the voter registration form;
▸ allows any individual to request that the individual's voter registration record be
classified as a private record;
▸ amends provisions relating to the process by which a voter may request that the
voter's voter registration record be classified as a private record;
▸ specifies that a governmental entity may share a protected voter registration record
with another governmental entity for a purpose related to voter registration or the
administration of an election; and 
▸ makes conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
20A-2-104
, as last amended by Laws of Utah 2015, Chapter 130
20A-2-108
, as last amended by Laws of Utah 2015, Chapter 130
20A-2-306
, as last amended by Laws of Utah 2017, Chapter 52
20A-6-105
, as last amended by Laws of Utah 2014, Chapter 373
63G-2-202
, as last amended by Laws of Utah 2016, Chapter 348
Utah Code Sections Affected by Coordination Clause:
20A-2-104
, 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-2-104
 is amended to read:
20A-2-104.
Voter registration form -- Registered voter lists -- Fees for copies.
(1) An individual applying for voter registration, or an individual preregistering to
vote, shall complete a voter registration form in substantially the following form:
-----------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Are you a citizen of the United States of America? Yes No
If you checked "no" to the above question, do not complete this form.
Will you be 18 years of age on or before election day? Yes No
If you checked "no" to the above question, are you 16 or 17 years of age and preregistering to
vote? Yes No
If you checked "no" to both of the prior two questions, do not complete this form.
Name of Voter
_________________________________________________________________
First Middle Last
Utah Driver License or Utah Identification Card Number____________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence
____________________________________________________________________________
City County State Zip Code
Telephone Number (optional) _________________________
Last four digits of Social Security Number ______________________
Last former address at which I was registered to vote (if
known)__________________________
____________________________________________________________________________
City County State Zip Code
Political Party
(a listing of each registered political party, as defined in Section 
20A-8-101
 and maintained by
the lieutenant governor under Section 
67-1a-2
, with each party's name preceded by a checkbox)
◻Unaffiliated (no political party preference) ◻Other (Please specify)___________________
You may request that your voter registration record be classified as a private record by
indicating here: ____Yes, I would like to request that my voter registration record be classified
as a private record.
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. I am not a convicted felon
currently incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).
[
"
]The portion of [
a
] 
your
 voter registration form that lists [
a person's
] 
your
 driver
license or identification card number, social security number, [
and
] email address
, and the day
of your month of birth
 is a private record. The portion of [
a
] 
your
 voter registration form that
lists [
a person's date
] 
your month and year
 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."
]
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.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
VOTER IDENTIFICATION TO THE POLL WORKER BEFORE VOTING, WHICH MUST
BE A VALID FORM OF PHOTO IDENTIFICATION THAT SHOWS YOUR NAME AND
PHOTOGRAPH; OR
TWO DIFFERENT FORMS OF IDENTIFICATION THAT SHOW YOUR NAME AND
CURRENT ADDRESS.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
(2) (a) Except as provided under Subsection (2)(b), the county clerk shall retain a copy
of each voter registration form in a permanent countywide alphabetical file, which may be
electronic or some other recognized system.
(b) The county clerk may transfer a superseded voter registration form to the Division
of Archives and Records Service created under Section 
63A-12-101
.
(3) (a) Each county clerk shall retain lists of currently registered voters.
(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
(c) If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d) The lieutenant governor and the county clerks may charge the fees established
under the authority of Subsection 
63G-2-203
(10) to individuals who wish to obtain a copy of
the list of registered voters.
(4) (a) As used in this Subsection (4), "qualified person" means:
(i) a government official or government employee acting in the government official's or
government employee's capacity as a government official or a government employee;
(ii) a health care provider, as defined in Section 
26-33a-102
, or an agent, employee, or
independent contractor of a health care provider;
(iii) an insurance company, as defined in Section 
67-4a-102
, or an agent, employee, or
independent contractor of an insurance company;
(iv) a financial institution, as defined in Section 
7-1-103
, or an agent, employee, or
independent contractor of a financial institution;
(v) a political party, or an agent, employee, or independent contractor of a political
party; or
(vi) a person, or an agent, employee, or independent contractor of the person, who:
(A) provides the [
date
] 
month or year
 of birth of a registered voter that is obtained from
the list of registered voters only to a person who is a qualified person;
(B) verifies that a person, described in Subsection (4)(a)(vi)(A), to whom a [
date
]
month or year
 of birth that is obtained from the list of registered voters is provided, is a
qualified person;
(C) ensures, using industry standard security measures, that the [
date
] 
month or year
 of
birth of a registered voter that is obtained from the list of registered voters may not be accessed
by a person other than a qualified person;
(D) verifies that each qualified person, other than a qualified person described in
Subsection (4)(a)(i) or (v), to whom the person provides the [
date
] 
month or year
 of birth of a
registered voter that is obtained from the list of registered voters, will only use the [
date
] 
month
or year
 of birth to verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse;
(E) verifies that each qualified person described in Subsection (4)(a)(i), to whom the
person provides the [
date
] 
month or year
 of birth of a registered voter that is obtained from the
list of registered voters, will only use the [
date
] 
month or year
 of birth in the qualified person's
capacity as a government official or government employee; and
(F) verifies that each qualified person described in Subsection (4)(a)(v), to whom the
person provides the [
date
] 
month or year
 of birth of a registered voter that is obtained from the
list of registered voters, will only use the [
date
] 
month or year
 of birth for a political purpose.
(b) Notwithstanding Subsection 
63G-2-302
(1)(j)(iv), and except as provided in
Subsection 
63G-2-302
(1)(k), the lieutenant governor or a county clerk shall, when providing
the list of registered voters to a qualified person under this section, include, with the list, the
[
dates
] 
months and years
 of birth of the registered voters, if:
(i) the lieutenant governor or a county clerk verifies the identity of the person and that
the person is a qualified person; and
(ii) the qualified person signs a document that includes the following:
(A) the name, address, and telephone number of the person requesting the list of
registered voters;
(B) an indication of the type of qualified person that the person requesting the list
claims to be;
(C) a statement regarding the purpose for which the person desires to obtain the [
dates
]
months and years
 of birth;
(D) a list of the purposes for which the [
date
] 
qualified person may use the month or
year
 of birth of a registered voter that is obtained from the list of registered voters [
may be
used
];
(E) a statement that the [
date
] 
month or year
 of birth of a registered voter that is
obtained from the list of registered voters may not be provided or used for a purpose other than
a purpose described under Subsection (4)(b)(ii)(D);
(F) a statement that if the person obtains the [
date
] 
month or year
 of birth of a
registered voter from the list of registered voters under false pretenses, or provides or uses the
[
date
] 
month or year
 of birth of a registered voter that is obtained from the list of registered
voters in a manner that is prohibited by law, is guilty of a class A misdemeanor and is subject
to a civil fine;
(G) an assertion from the person that the person will not provide or use the [
date
]
month or year
 of birth of a registered voter that is obtained from the list of registered voters in a
manner that is prohibited by law; and
(H) notice that if the person makes a false statement in the document, the person is
punishable by law under Section 
76-8-504
.
(c) The lieutenant governor or a county clerk may not disclose the [
date
] 
month or year
of birth of a registered voter to a person that the lieutenant governor or county clerk reasonably
believes:
(i) is not a qualified person or a person described in Subsection (4)[
(k)
]
(j)
; or
(ii) will provide or use the [
date
] 
month or year
 of birth in a manner prohibited by law.
(d) The lieutenant governor or a county clerk may not disclose the voter registration
form of a person, or information included in the person's voter registration form, whose voter
registration form is classified as private under Subsection (4)(f) to a person other than a
government official or government employee acting in the government official's or government
employee's capacity as a government official or government employee.
(e) A person is guilty of a class A misdemeanor if the person:
(i) obtains the [
date
] 
month or year
 of birth of a registered voter from the list of
registered voters under false pretenses; or
(ii) uses or provides the [
date
] 
month or year
 of birth of a registered voter that is
obtained from the list of registered voters, in a manner that is not permitted by law.
(f) The lieutenant governor or a county clerk shall classify the voter registration record
of a voter as a private record if the voter [
submits
]:
(i) 
submits
 a written application, created by the lieutenant governor, requesting that the
voter's voter registration record be classified as private; [
and
] 
or
[
(ii) provides evidence to the lieutenant governor or a county clerk establishing that
release of the information on the voter's voter registration record is likely to put the voter or a
member of the voter's household's life or safety at risk, or to put the voter or a member of the
voter's household at risk of being stalked or harassed.
]
[
(g) The evidence described in Subsection (4)(f) may include:
]
[
(i) a protective order;
]
[
(ii) a police report; or
]
[
(iii) other evidence designated by rule, made in accordance with Title 63G, Chapter 3,
Utah Administrative Rulemaking Act, by the director of elections within the Office of the
Lieutenant Governor.
]
(ii) requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record.
[
(h)
] 
(g)
 In addition to any criminal penalty that may be imposed under this section, the
lieutenant governor may impose a civil fine against a person who obtains the [
date
] 
month or
year
 of birth of a registered voter from the list of registered voters under false pretenses, or
provides or uses a [
date
] 
month or year
 of birth of a registered voter that is obtained from the
list of registered voters in a manner that is not permitted by law, in an amount equal to the
greater of:
(i) the product of 30 and the square root of the total number of [
dates
] 
months or years
of birth obtained, provided, or used unlawfully, rounded to the nearest whole dollar; or
(ii) $200.
[
(i)
] 
(h)
 A qualified person may not obtain, provide, or use the [
date
] 
month or year
 of
birth of a registered voter, if the [
date
] 
month or year
 of birth is obtained from the list of
registered voters or from a voter registration record, unless the person:
(i) is a government official or government employee who obtains, provides, or uses the
[
date
] 
month or year
 of birth in the government official's or government employee's capacity as
a government official or government employee;
(ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
uses the [
date
] 
month or year
 of birth only to verify the accuracy of personal information
submitted by an individual or to confirm the identity of a person in order to prevent fraud,
waste, or abuse;
(iii) is a qualified person described in Subsection (4)(a)(v) and obtains, provides, or
uses the [
date
] 
month or year
 of birth for a political purpose; or
(iv) is a qualified person described in Subsection (4)(a)(vi) and obtains, provides, or
uses the [
date
] 
month or year
 of birth to provide the [
date
] 
month or year
 of birth to another
qualified person to verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse.
[
(j)
] 
(i)
 A person who is not a qualified person may not obtain, provide, or use the
[
date
] 
month or year
 of birth of a registered voter, if the [
date
] 
month or year
 of birth is
obtained from the list of registered voters or from a voter registration record, unless the person:
(i) is a candidate for public office and uses the [
date
] 
month or year
 of birth only for a
political purpose; or
(ii) obtains the [
date
] 
month or year
 of birth from a political party or a candidate for
public office and uses the [
date
] 
month or year
 of birth only for the purpose of assisting the
political party or candidate for public office to fulfill a political purpose.
[
(k)
] 
(j)
 The lieutenant governor or a county clerk may provide a [
date
] 
month or year
of birth to a member of the media, in relation to an individual designated by the member of the
media, in order for the member of the media to verify the identity of the individual.
(5) When political parties not listed on the voter registration form qualify as registered
political parties under Title 20A, Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks about the name of the new political party
and direct the county clerks to ensure that the voter registration form is modified to include that
political party.
(6) Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a) review each voter registration form for completeness and accuracy; and
(b) if the county clerk believes, based upon a review of the form, that an individual
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-2-108
 is amended to read:
20A-2-108.
Driver license registration form -- Transmittal of information.
(1) The lieutenant governor and the Driver License Division shall design the driver
license application and renewal forms to include the following questions:
(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) the following statement: "You may request that your voter registration record be
classified as a private record by indicating here: ____Yes, I would like to request that my voter
registration record be classified as a private record.";
[
(ii)
] 
(iii)
 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)
] 
(iv)
 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";
[
(iv)
] 
(v)
 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;
[
(v)
] 
(vi)
 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)
] 
(vii)
 the following statement:
"The portion of [
a
] 
your
 voter registration form that lists [
a person's
] 
your
 driver license
or identification card number, social security number, [
and
] email address
, and the day of your
month of birth
 is a private record. The portion of [
a
] 
your
 voter registration form that lists [
a
person's date
] 
your month and year
 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 3. Section 
20A-2-306
 is amended to read:
20A-2-306.
Removing names from the official register -- Determining and
confirming change of residence.
(1) A county clerk may not remove a voter's name from the official register on the
grounds that the voter has changed residence unless the voter:
(a) confirms in writing that the voter has changed residence to a place outside the
county; or
(b) (i) has not voted in an election during the period beginning on the date of the notice
required by Subsection (3), and ending on the day after the date of the second regular general
election occurring after the date of the notice; and
(ii) has failed to respond to the notice required by Subsection (3).
(2) (a) When a county clerk obtains information that a voter's address has changed and
it appears that the voter still resides within the same county, the county clerk shall:
(i) change the official register to show the voter's new address; and
(ii) send to the voter, by forwardable mail, the notice required by Subsection (3)
printed on a postage prepaid, preaddressed return form.
(b) When a county clerk obtains information that a voter's address has changed and it
appears that the voter now resides in a different county, the county clerk shall verify the
changed residence by sending to the voter, by forwardable mail, the notice required by
Subsection (3) printed on a postage prepaid, preaddressed return form.
(3) Each county clerk shall use substantially the following form to notify voters whose
addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and
return this form so that we can update our voter registration records. What is your current
street address?
___________________________________________________________________________
Street City County State Zip
If you have not changed your residence or have moved but stayed within the same
county, you must complete and return this form to the county clerk so that it is received by the
county clerk no later than 30 days before the date of the election. If you fail to return this form
within that time:
- you may be required to show evidence of your address to the poll worker before being
allowed to vote in either of the next two regular general elections; or
- if you fail to vote at least once from the date this notice was mailed until the passing
of two regular general elections, you will no longer be registered to vote. If you have changed
your residence and have moved to a different county in Utah, you may register to vote by
contacting the county clerk in your county.
________________________________________
Signature of Voter"
"The portion of [
a
] 
your
 voter registration form that lists [
a person's
] 
your
 driver license
or identification card number, social security number, [
and
] email address
, and the day of your
month of birth
 is a private record. The portion of [
a
] 
your
 voter registration form that lists [
a
person's date
] 
your month and year
 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
] 
You
 may apply to the lieutenant governor
or your county clerk to have your entire voter registration record classified as private."
(4) (a) Except as provided in Subsection (4)(b), the county clerk may not remove the
names of any voters from the official register during the 90 days before a regular primary
election and the 90 days before a regular general election.
(b) The county clerk may remove the names of voters from the official register during
the 90 days before a regular primary election and the 90 days before a regular general election
if:
(i) the voter requests, in writing, that the voter's name be removed; or
(ii) the voter has died.
(c) (i) After a county clerk mails a notice as required in this section, the county clerk
may list that voter as inactive.
(ii) If a 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, the county clerk may list that voter as inactive.
(iii) An inactive voter shall be allowed to vote, sign petitions, and have all other
privileges of a registered voter.
(iv) A county is not required to send routine mailings to an inactive voter and is not
required to count inactive voters when dividing precincts and preparing supplies.
Section 4. Section 
20A-6-105
 is amended to read:
20A-6-105.
Provisional ballot envelopes.
(1) Each election officer shall ensure that provisional ballot envelopes are printed in
substantially the following form:
"AFFIRMATION
Are you a citizen of the United States of America? Yes No
Will you be 18 years old on or before election day? Yes No
If you checked "no" in response to either of the two above questions, do not complete this
form.
Name of Voter _________________________________________________________
First Middle Last
Driver License or Identification Card Number _________________________________
State of Issuance of Driver License or Identification Card Number _________________
Date of Birth ___________________________________________________________
Street Address of Principal Place of Residence
______________________________________________________________________
City County State Zip Code
Telephone Number (optional) ______________________________________________
Last four digits of Social Security Number ____________________________
Last former address at which I was registered to vote (if known)
______________________________________________________________________
City County State Zip Code
Voting Precinct (if known)
_________________________________________________
I, (please print your full name)__________________________do solemnly swear or
affirm:
That I am currently registered to vote in the state of Utah and am eligible to vote in this
election; that I have not voted in this election in any other precinct; that I am eligible to vote in
this precinct; and that I request that I be permitted to vote in this precinct; and
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 Utah, residing at the
above address; and that I am at least 18 years old and have resided in Utah for the 30 days
immediately before this election.
Signed ______________________________________________________________________
Dated ______________________________________________________________________
In accordance with Section 
20A-3-506
, wilfully providing false information above is a
class B misdemeanor under Utah law and is punishable by imprisonment and by fine."
"The portion of [
a
] 
your
 voter registration form that lists [
a person's
] 
your
 driver license
or identification card number, social security number, and email address
, and the day of your
month of birth,
 is a private record. The portion of [
a
] 
your
 voter registration form that lists [
a
person's date
] 
your month and year
 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
] 
You
 may apply to the lieutenant governor
or your county clerk to have your entire voter registration record classified as private."
"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 to vote if you know you are not entitled to register to vote is
up to one year in jail and a fine of up to $2,500."
(2) The provisional ballot envelope shall include:
(a) a unique number;
(b) a detachable part that includes the unique number; and
(c) a telephone number, internet address, or other indicator of a means, in accordance
with Section 
20A-6-105.5
, where the voter can find out if the provisional ballot was counted.
Section 5. Section 
63G-2-202
 is amended to read:
63G-2-202.
Access to private, controlled, and protected documents.
(1) [
Upon request, and except
] 
Except
 as provided in Subsection (11)(a), a
governmental entity [
shall
]
:
 (a) shall, upon request, 
 disclose a private record to:
[
(a)
] 
(i)
 the subject of the record;
[
(b)
] 
(ii)
 the parent or legal guardian of an unemancipated minor who is the subject of
the record;
[
(c)
] 
(iii)
 the legal guardian of a legally incapacitated individual who is the subject of
the record;
[
(d)
] 
(iv)
 any other individual who:
[
(i)
] 
(A)
 has a power of attorney from the subject of the record;
[
(ii)
] 
(B)
 submits a notarized release from the subject of the record or the individual's
legal representative dated no more than 90 days before the date the request is made; or
[
(iii)
] 
(C)
 if the record is a medical record described in Subsection 
63G-2-302
(1)(b), is
a health care provider, as defined in Section 
26-33a-102
, if releasing the record or information
in the record is consistent with normal professional practice and medical ethics; or
[
(e)
] 
(v)
 any person to whom the record must be provided pursuant to:
[
(i)
] 
(A)
 court order as provided in Subsection (7); or
[
(ii)
] 
(B)
 a legislative subpoena as provided in Title 36, Chapter 14, Legislative
Subpoena Powers[
.
]
; and
(b) may disclose a private record described in Subsection 
63G-2-302
(1)(j) or (k),
without complying with Section 
63G-2-206
, to another governmental entity for a purpose
related to:
(i) voter registration; or
(ii) the administration of an election.
(2) (a) Upon request, a governmental entity shall disclose a controlled record to:
(i) a physician, psychologist, certified social worker, insurance provider or producer, or
a government public health agency upon submission of:
(A) a release from the subject of the record that is dated no more than 90 days prior to
the date the request is made; and
(B) a signed acknowledgment of the terms of disclosure of controlled information as
provided by Subsection (2)(b); and
(ii) any person to whom the record must be disclosed pursuant to:
(A) a court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers.
(b) A person who receives a record from a governmental entity in accordance with
Subsection (2)(a)(i) may not disclose controlled information from that record to any person,
including the subject of the record.
(3) If there is more than one subject of a private or controlled record, the portion of the
record that pertains to another subject shall be segregated from the portion that the requester is
entitled to inspect.
(4) Upon request, and except as provided in Subsection (10) or (11)(b), a governmental
entity shall disclose a protected record to:
(a) the person that submitted the record;
(b) any other individual who:
(i) has a power of attorney from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification; or
(ii) submits a notarized release from all persons, governmental entities, or political
subdivisions whose interests were sought to be protected by the protected classification or from
their legal representatives dated no more than 90 days prior to the date the request is made;
(c) any person to whom the record must be provided pursuant to:
(i) a court order as provided in Subsection (7); or
(ii) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; or
(d) the owner of a mobile home park, subject to the conditions of Subsection
41-1a-116
(5).
(5) [
A
] 
 Except as provided in Subsection (1)(b), a 
 governmental entity may disclose a
private, controlled, or protected record to another governmental entity, political subdivision,
state, the United States, or a foreign government only as provided by Section 
63G-2-206
.
(6) Before releasing a private, controlled, or protected record, the governmental entity
shall obtain evidence of the requester's identity.
(7) A governmental entity shall disclose a record pursuant to the terms of a court order
signed by a judge from a court of competent jurisdiction, provided that:
(a) the record deals with a matter in controversy over which the court has jurisdiction;
(b) the court has considered the merits of the request for access to the record;
(c) the court has considered and, where appropriate, limited the requester's use and
further disclosure of the record in order to protect:
(i) privacy interests in the case of private or controlled records;
(ii) business confidentiality interests in the case of records protected under Subsection
63G-2-305
(1), (2), (40)(a)(ii), or (40)(a)(vi); and
(iii) privacy interests or the public interest in the case of other protected records;
(d) to the extent the record is properly classified private, controlled, or protected, the
interests favoring access, considering limitations thereon, are greater than or equal to the
interests favoring restriction of access; and
(e) where access is restricted by a rule, statute, or regulation referred to in Subsection
63G-2-201
(3)(b), the court has authority independent of this chapter to order disclosure.
(8) (a) Except as provided in Subsection (8)(d), a governmental entity may disclose or
authorize disclosure of private or controlled records for research purposes if the governmental
entity:
(i) determines that the research purpose cannot reasonably be accomplished without
use or disclosure of the information to the researcher in individually identifiable form;
(ii) determines that:
(A) the proposed research is bona fide; and
(B) the value of the research is greater than or equal to the infringement upon personal
privacy;
(iii) (A) requires the researcher to assure the integrity, confidentiality, and security of
the records; and
(B) requires the removal or destruction of the individual identifiers associated with the
records as soon as the purpose of the research project has been accomplished;
(iv) prohibits the researcher from:
(A) disclosing the record in individually identifiable form, except as provided in
Subsection (8)(b); or
(B) using the record for purposes other than the research approved by the governmental
entity; and
(v) secures from the researcher a written statement of the researcher's understanding of
and agreement to the conditions of this Subsection (8) and the researcher's understanding that
violation of the terms of this Subsection (8) may subject the researcher to criminal prosecution
under Section 
63G-2-801
.
(b) A researcher may disclose a record in individually identifiable form if the record is
disclosed for the purpose of auditing or evaluating the research program and no subsequent use
or disclosure of the record in individually identifiable form will be made by the auditor or
evaluator except as provided by this section.
(c) A governmental entity may require indemnification as a condition of permitting
research under this Subsection (8).
(d) A governmental entity may not disclose or authorize disclosure of a private record
for research purposes as described in this Subsection (8) if the private record is a record
described in Subsection 
63G-2-302
(1)(u).
(9) (a) Under Subsections 
63G-2-201
(5)(b) and 
63G-2-401
(6), a governmental entity
may disclose to persons other than those specified in this section records that are:
(i) private under Section 
63G-2-302
; or
(ii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(b) Under Subsection 
63G-2-403
(11)(b), the records committee may require the
disclosure to persons other than those specified in this section of records that are:
(i) private under Section 
63G-2-302
;
(ii) controlled under Section 
63G-2-304
; or
(iii) protected under Section 
63G-2-305
, subject to Section 
63G-2-309
 if a claim for
business confidentiality has been made under Section 
63G-2-309
.
(c) Under Subsection 
63G-2-404
(7), the court may require the disclosure of records
that are private under Section 
63G-2-302
, controlled under Section 
63G-2-304
, or protected
under Section 
63G-2-305
 to persons other than those specified in this section.
(10) A record contained in the Management Information System, created in Section
62A-4a-1003
, that is found to be unsubstantiated, unsupported, or without merit may not be
disclosed to any person except the person who is alleged in the report to be a perpetrator of
abuse, neglect, or dependency.
(11) (a) A private record described in Subsection 
63G-2-302
(2)(f) may only be
disclosed as provided in Subsection (1)(e).
(b) A protected record described in Subsection 
63G-2-305
(43) may only be disclosed
as provided in Subsection (4)(c) or Section 
62A-3-312
.
(12) (a) A private, protected, or controlled record described in Section 
62A-16-301
shall be disclosed as required under:
(i) Subsections 
62A-16-301
(1)(b), (2), and (4)(c); and
(ii) Subsections 
62A-16-302
(1) and (6).
(b) A record disclosed under Subsection (12)(a) shall retain its character as private,
protected, or controlled.
Section 6. 
 Coordinating S.B. 74 with H.B. 218 -- Technical amendments.
If this S.B. 74 and H.B. 218, Modifications to Election Law, both pass and become law,
it is the intent of the Legislature that the amendments to Subsection 
20A-2-104
(4)(f) in this
S.B. 74 supersede the amendments to Subsection 
20A-2-104
(4)(f) in H.B. 218, when the Office
of Legislative Research and General Counsel prepares the Utah Code database for publication.