Rep. Norm Thurston — Voting Record

Bill

Number

S.B. 83 Fifth Substitute (2020GS)

Sponsor

Sen. Anderegg, J.

Final action

Governor Signed 3/28/2020

Outcome

Became law — signed by Gov. Gary R. Herbert

Summary

What it does

• This bill:
• modifies the information certain persons may obtain from a voter registration record;
• modifies privacy request provisions relating to voter registration records;
• permits a political party or a candidate for public office to obtain certain information from a voter registration record that is classified as private;
• establishes a process for a person, under certain circumstances, to prohibit a political party or candidate for public office from obtaining information from the person's voter registration record;
• modifies voter registration forms;
• makes it a crime to violate certain provisions of this bill with respect to accessing or using voter registration records and provides civil penalties;
• grants rulemaking authority to the director of elections in the Office of the Lieutenant Governor;
• classifies certain voter registration records, and related records, as private;
• grandfathers in the privacy classification of a voter registration record classified as private before the effective date of this bill; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VOTER REGISTRATION INFORMATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jacob L. Anderegg
House Sponsor: 
Brian S. King
LONG TITLE
General Description:
This bill amends provisions relating to voter registration information.
Highlighted Provisions:
This bill:
▸ modifies the information certain persons may obtain from a voter registration
record;
▸ modifies privacy request provisions relating to voter registration records;
▸ permits a political party or a candidate for public office to obtain certain
information from a voter registration record that is classified as private;
▸ establishes a process for a person, under certain circumstances, to prohibit a
political party or candidate for public office from obtaining information from the
person's voter registration record;
▸ modifies voter registration forms;
▸ makes it a crime to violate certain provisions of this bill with respect to accessing or
using voter registration records and provides civil penalties;
▸ grants rulemaking authority to the director of elections in the Office of the
Lieutenant Governor;
▸ classifies certain voter registration records, and related records, as private;
▸ grandfathers in the privacy classification of a voter registration record classified as
private before the effective date 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-1-102
, as last amended by Laws of Utah 2019, First Special Session, Chapter 4
20A-2-104
, as last amended by Laws of Utah 2018, Chapters 206 and 270
20A-2-108
, as last amended by Laws of Utah 2018, Chapters 206 and 270
20A-2-204
, as last amended by Laws of Utah 2019, Chapters 136 and 255
20A-2-306
, as last amended by Laws of Utah 2019, Chapter 255
20A-6-105
, as last amended by Laws of Utah 2018, Chapters 206 and 270
63G-2-202
, as last amended by Laws of Utah 2019, Chapters 254 and 349
63G-2-301
, as last amended by Laws of Utah 2018, Chapter 415
63G-2-302
, as last amended by Laws of Utah 2019, Chapter 293
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-102
 is amended to read:
20A-1-102.
Definitions.
As used in this title:
(1) "Active voter" means a registered voter who has not been classified as an inactive
voter by the county clerk.
(2) "Automatic tabulating equipment" means apparatus that automatically examines
and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
(3) (a) "Ballot" means the storage medium, whether paper, mechanical, or electronic,
upon which a voter records the voter's votes.
(b) "Ballot" includes ballot sheets, paper ballots, electronic ballots, and secrecy
envelopes.
(4) "Ballot label" means the cards, papers, booklet, pages, or other materials that:
(a) contain the names of offices and candidates and statements of ballot propositions to
be voted on; and
(b) are used in conjunction with ballot sheets that do not display that information.
(5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
on the ballot for their approval or rejection including:
(a) an opinion question specifically authorized by the Legislature;
(b) a constitutional amendment;
(c) an initiative;
(d) a referendum;
(e) a bond proposition;
(f) a judicial retention question;
(g) an incorporation of a city or town; or
(h) any other ballot question specifically authorized by the Legislature.
(6) "Ballot sheet":
(a) means a ballot that:
(i) consists of paper or a card where the voter's votes are marked or recorded; and
(ii) can be counted using automatic tabulating equipment; and
(b) includes punch card ballots and other ballots that are machine-countable.
(7) "Bind," "binding," or "bound" means securing more than one piece of paper
together with a staple or stitch in at least three places across the top of the paper in the blank
space reserved for securing the paper.
(8) "Board of canvassers" means the entities established by Sections 
20A-4-301
 and
20A-4-306
 to canvass election returns.
(9) "Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(10) "Book voter registration form" means voter registration forms contained in a
bound book that are used by election officers and registration agents to register persons to vote.
(11) "Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(12) "By-mail voter registration form" means a voter registration form designed to be
completed by the voter and mailed to the election officer.
(13) "Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(14) "Canvassing judge" means a poll worker designated to assist in counting ballots at
the canvass.
(15) "Contracting election officer" means an election officer who enters into a contract
or interlocal agreement with a provider election officer.
(16) "Convention" means the political party convention at which party officers and
delegates are selected.
(17) "Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(18) "Counting judge" means a poll worker designated to count the ballots during
election day.
(19) "Counting room" means a suitable and convenient private place or room,
immediately adjoining the place where the election is being held, for use by the poll workers
and counting judges to count ballots during election day.
(20) "County officers" means those county officers that are required by law to be
elected.
(21) "Date of the election" or "election day" or "day of the election":
(a) means the day that is specified in the calendar year as the day that the election
occurs; and
(b) does not include:
(i) deadlines established for absentee voting; or
(ii) any early voting or early voting period as provided under Chapter 3, Part 6, Early
Voting.
(22) "Elected official" means:
(a) a person elected to an office under Section 
20A-1-303
 or Chapter [
] 
, Part 6,
[
Election Offenses - Generally
] 
Municipal Alternate Voting Methods Pilot Project
;
(b) a person who is considered to be elected to a municipal office in accordance with
Subsection 
20A-1-206
(1)(c)(ii); or
(c) a person who is considered to be elected to a local district office in accordance with
Subsection 
20A-1-206
(3)(c)(ii).
(23) "Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a municipal
primary election, and a local district election.
(24) "Election Assistance Commission" means the commission established by the Help
America Vote Act of 2002, Pub. L. No. 107-252.
(25) "Election cycle" means the period beginning on the first day persons are eligible to
file declarations of candidacy and ending when the canvass is completed.
(26) "Election judge" means a poll worker that is assigned to:
(a) preside over other poll workers at a polling place;
(b) act as the presiding election judge; or
(c) serve as a canvassing judge, counting judge, or receiving judge.
(27) "Election officer" means:
(a) the lieutenant governor, for all statewide ballots and elections;
(b) the county clerk for:
(i) a county ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(c) the municipal clerk for:
(i) a municipal ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
;
(d) the local district clerk or chief executive officer for:
(i) a local district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
; or
(e) the business administrator or superintendent of a school district for:
(i) a school district ballot and election; and
(ii) a ballot and election as a provider election officer as provided in Section
20A-5-400.1
 or 
20A-5-400.5
.
(28) "Election official" means any election officer, election judge, or poll worker.
(29) "Election results" means:
(a) for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b) for bond elections, the count of those votes cast for and against the bond
proposition plus any or all of the election returns that the board of canvassers may request.
(30) "Election returns" includes the pollbook, the military and overseas absentee voter
registration and voting certificates, one of the tally sheets, any unprocessed absentee ballots, all
counted ballots, all excess ballots, all unused ballots, all spoiled ballots, the ballot disposition
form, and the total votes cast form.
(31) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
device or other voting device that records and stores ballot information by electronic means.
(32) "Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent to sign
the record.
(33) (a) "Electronic voting device" means a voting device that uses electronic ballots.
(b) "Electronic voting device" includes a direct recording electronic voting device.
(34) "Inactive voter" means a registered voter who is listed as inactive by a county
clerk under Subsection 
20A-2-306
(4)(c)(i) or (ii).
(35) "Judicial office" means the office filled by any judicial officer.
(36) "Judicial officer" means any justice or judge of a court of record or any county
court judge.
(37) "Local district" means a local government entity under Title 17B, Limited Purpose
Local Government Entities - Local Districts, and includes a special service district under Title
17D, Chapter 1, Special Service District Act.
(38) "Local district officers" means those local district board members that are required
by law to be elected.
(39) "Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a local district election, and a bond
election.
(40) "Local political subdivision" means a county, a municipality, a local district, or a
local school district.
(41) "Local special election" means a special election called by the governing body of a
local political subdivision in which all registered voters of the local political subdivision may
vote.
(42) "Municipal executive" means:
(a) the mayor in the council-mayor form of government defined in Section 
10-3b-102
;
(b) the mayor in the council-manager form of government defined in Subsection
10-3b-103
(7); or
(c) the chair of a metro township form of government defined in Section 
10-3b-102
.
(43) "Municipal general election" means the election held in municipalities and, as
applicable, local districts on the first Tuesday after the first Monday in November of each
odd-numbered year for the purposes established in Section 
20A-1-202
.
(44) "Municipal legislative body" means:
(a) the council of the city or town in any form of municipal government; or
(b) the council of a metro township.
(45) "Municipal office" means an elective office in a municipality.
(46) "Municipal officers" means those municipal officers that are required by law to be
elected.
(47) "Municipal primary election" means an election held to nominate candidates for
municipal office.
(48) "Municipality" means a city, town, or metro township.
(49) "Official ballot" means the ballots distributed by the election officer to the poll
workers to be given to voters to record their votes.
(50) "Official endorsement" means:
(a) the information on the ballot that identifies:
(i) the ballot as an official ballot;
(ii) the date of the election; and
(iii) (A) for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection 
20A-6-401
(1)(a)(iii); or
(B) for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301
(1)(b)(iii); and
(b) the information on the ballot stub that identifies:
(i) the poll worker's initials; and
(ii) the ballot number.
(51) "Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section 
20A-5-401
.
(52) "Paper ballot" means a paper that contains:
(a) the names of offices and candidates and statements of ballot propositions to be
voted on; and
(b) spaces for the voter to record the voter's vote for each office and for or against each
ballot proposition.
(53) "Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party Formation
and Procedures.
(54) (a) "Poll worker" means a person assigned by an election official to assist with an
election, voting, or counting votes.
(b) "Poll worker" includes election judges.
(c) "Poll worker" does not include a watcher.
(55) "Pollbook" means a record of the names of voters in the order that they appear to
cast votes.
(56) "Polling place" means the building where voting is conducted.
(57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(58) "Presidential Primary Election" means the election established in Chapter 9, Part
8, Presidential Primary Election.
(59) "Primary convention" means the political party conventions held during the year
of the regular general election.
(60) "Protective counter" means a separate counter, which cannot be reset, that:
(a) is built into a voting machine; and
(b) records the total number of movements of the operating lever.
(61) "Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(62) "Provisional ballot" means a ballot voted provisionally by a person:
(a) whose name is not listed on the official register at the polling place;
(b) whose legal right to vote is challenged as provided in this title; or
(c) whose identity was not sufficiently established by a poll worker.
(63) "Provisional ballot envelope" means an envelope printed in the form required by
Section 
20A-6-105
 that is used to identify provisional ballots and to provide information to
verify a person's legal right to vote.
(64) (a) "Public figure" means an individual who, due to the individual being
considered for, holding, or having held a position of prominence in a public or private capacity,
or due to the individual's celebrity status, has an increased risk to the individual's safety.
(b) "Public figure" does not include an individual:
(i) elected to public office; or
(ii) appointed to fill a vacancy in an elected public office.
[
(64)
] 
(65)
 "Qualify" or "qualified" means to take the oath of office and begin
performing the duties of the position for which the person was elected.
[
(65)
] 
(66)
 "Receiving judge" means the poll worker that checks the voter's name in the
official register, provides the voter with a ballot, and removes the ballot stub from the ballot
after the voter has voted.
[
(66)
] 
(67)
 "Registration form" means a book voter registration form and a by-mail
voter registration form.
[
(67)
] 
(68)
 "Regular ballot" means a ballot that is not a provisional ballot.
[
(68)
] 
(69)
 "Regular general election" means the election held throughout the state on
the first Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section 
20A-1-201
.
[
(69)
] 
(70)
 "Regular primary election" means the election, held on the date specified in
Section 
20A-1-201.5
, to nominate candidates of political parties and candidates for nonpartisan
local school board positions to advance to the regular general election.
[
(70)
] 
(71)
 "Resident" means a person who resides within a specific voting precinct in
Utah.
[
(71)
] 
(72)
 "Sample ballot" means a mock ballot similar in form to the official ballot
printed and distributed as provided in Section 
20A-5-405
.
[
(72)
] 
(73)
 "Scratch vote" means to mark or punch the straight party ticket and then
mark or punch the ballot for one or more candidates who are members of different political
parties or who are unaffiliated.
[
(73)
] 
(74)
 "Secrecy envelope" means the envelope given to a voter along with the
ballot into which the voter places the ballot after the voter has voted it in order to preserve the
secrecy of the voter's vote.
[
(74)
] 
(75)
 "Special election" means an election held as authorized by Section
20A-1-203
.
[
(75)
] 
(76)
 "Spoiled ballot" means each ballot that:
(a) is spoiled by the voter;
(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
(c) lacks the official endorsement.
[
(76)
] 
(77)
 "Statewide special election" means a special election called by the governor
or the Legislature in which all registered voters in Utah may vote.
[
(77)
] 
(78)
 "Stub" means the detachable part of each ballot.
[
(78)
] 
(79)
 "Substitute ballots" means replacement ballots provided by an election
officer to the poll workers when the official ballots are lost or stolen.
[
(79)
] 
(80)
 "Ticket" means a list of:
(a) political parties;
(b) candidates for an office; or
(c) ballot propositions. 
[
(80)
] 
(81)
 "Transfer case" means the sealed box used to transport voted ballots to the
counting center.
[
(81)
] 
(82)
 "Vacancy" means the absence of a person to serve in any position created
by statute, whether that absence occurs because of death, disability, disqualification,
resignation, or other cause.
[
(82)
] 
(83)
 "Valid voter identification" means:
(a) a form of identification that bears the name and photograph of the voter which may
include:
(i) a currently valid Utah driver license;
(ii) a currently valid identification card that is issued by:
(A) the state; or
(B) a branch, department, or agency of the United States;
(iii) a currently valid Utah permit to carry a concealed weapon;
(iv) a currently valid United States passport; or
(v) a currently valid United States military identification card;
(b) one of the following identification cards, whether or not the card includes a
photograph of the voter:
(i) a valid tribal identification card;
(ii) a Bureau of Indian Affairs card; or
(iii) a tribal treaty card; or
(c) two forms of identification not listed under Subsection [
(82)
] 
(83)
(a) or (b) but that
bear the name of the voter and provide evidence that the voter resides in the voting precinct,
which may include:
(i) a current utility bill or a legible copy thereof, dated within the 90 days before the
election;
(ii) a bank or other financial account statement, or a legible copy thereof;
(iii) a certified birth certificate;
(iv) a valid social security card;
(v) a check issued by the state or the federal government or a legible copy thereof;
(vi) a paycheck from the voter's employer, or a legible copy thereof;
(vii) a currently valid Utah hunting or fishing license;
(viii) certified naturalization documentation;
(ix) a currently valid license issued by an authorized agency of the United States;
(x) a certified copy of court records showing the voter's adoption or name change;
(xi) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii) a currently valid identification card issued by:
(A) a local government within the state;
(B) an employer for an employee; or
(C) a college, university, technical school, or professional school located within the
state; or
(xiii) a current Utah vehicle registration.
[
(83)
] 
(84)
 "Valid write-in candidate" means a candidate who has qualified as a
write-in candidate by following the procedures and requirements of this title.
[
(84)
] 
(85)
 "Voter" means a person who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book.
[
(85)
] 
(86)
 "Voter registration deadline" means the registration deadline provided in
Section 
20A-2-102.5
.
[
(86)
] 
(87)
 "Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
[
(87)
] 
(88)
 "Voting booth" means:
(a) the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting machine enclosure or curtain; or
(b) a voting device that is free standing.
[
(88)
] 
(89)
 "Voting device" means:
(a) an apparatus in which ballot sheets are used in connection with a punch device for
piercing the ballots by the voter;
(b) a device for marking the ballots with ink or another substance;
(c) an electronic voting device or other device used to make selections and cast a ballot
electronically, or any component thereof;
(d) an automated voting system under Section 
20A-5-302
; or
(e) any other method for recording votes on ballots so that the ballot may be tabulated
by means of automatic tabulating equipment.
[
(89)
] 
(90)
 "Voting machine" means a machine designed for the sole purpose of
recording and tabulating votes cast by voters at an election.
[
(90)
] 
(91)
 "Voting precinct" means the smallest voting unit established as provided by
law within which qualified voters vote at one polling place.
[
(91)
] 
(92)
 "Watcher" means an individual who complies with the requirements
described in Section 
20A-3-201
 to become a watcher for an election.
[
(92)
] 
(93)
 "Write-in ballot" means a ballot containing any write-in votes.
[
(93)
] 
(94)
 "Write-in vote" means a vote cast for a person whose name is not printed on
the ballot according to the procedures established in this title.
Section 2. Section 
20A-2-104
 is amended to read:
20A-2-104.
Voter registration form -- Registered voter lists -- Fees for copies.
(1) 
(a) As used in this section:
(i) "Candidate for public office" means an individual:
(A) who files a declaration of candidacy for a public office;
(B) who files a notice of intent to gather signatures under Section 
20A-9-408
; or
(C) employed by, under contract with, or a volunteer of, an individual described in
Subsection (1)(a)(i)(A) or (B) for political campaign purposes.
(ii) "Dating violence" means the same as that term is defined in Section 
78B-7-402
 and
the federal Violence Against Women Act of 1994, as amended.
(iii) "Domestic violence" means the same as that term is defined in Section 
77-36-1
and the federal Violence Against Women Act of 1994, as amended.
(b)
 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).
PRIVACY INFORMATION
[
The portion of your voter registration form that lists your driver license or
identification card number, social security number, email address, and the day of your month of
birth is a private record. The portion of your voter registration form that lists 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.
]
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, and full date of birth are available only to government entities. Your year of birth is
available to political parties, candidates for public office, certain third parties, and their
contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order.
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 candidate for public office, or an employee, independent contractor, or volunteer
of a candidate for public office; or
[
(vi)
] 
(vii)
 a person, or an agent, employee, or independent contractor of the person,
who:
(A) provides the [
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)
]
(vii)
(A), to whom a
[
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 [
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), 
or (vi),
 to whom the person provides the [
month or
] year of birth
of a registered voter that is obtained from the list of registered voters, will only use the [
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 [
month or
] year of birth of a registered voter that is obtained from the list
of registered voters, will only use the [
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) 
or (vi)
, to
whom the person provides the [
month or
] year of birth of a registered voter that is obtained
from the list of registered voters, will only use the [
month or
] year of birth for a political
purpose 
of the political party or candidate for public office
.
(b) Notwithstanding Subsection 
63G-2-302
(1)(j)(iv), and except as provided in
Subsection 
63G-2-302
(1)(k) 
or (l)
, 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 [
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
[
months and
] years of birth;
(D) a list of the purposes for which the qualified person may use the [
month or
] year of
birth of a registered voter that is obtained from the list of registered voters;
(E) a statement that the [
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 [
month or
] year of birth of a registered
voter from the list of registered voters under false pretenses, or provides or uses the [
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 [
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 [
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)[
(j)
]
(l)
; or
(ii) will provide or use the [
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)
]
(h)
 to a person other than
:
(i)
 a government official or government employee acting in the government official's or
government employee's capacity as a government official or government employee[
.
]
; or
(ii) except as provided in Subsection (7) and subject to Subsection (4)(e), a person
described in Subsection (4)(a)(v) or (vi) for a political purpose.
(e) When disclosing a record or information under Subsection (4)(d)(ii), the lieutenant
governor or county clerk shall exclude the information described in Subsection
63G-2-302
(1)(j), other than the year of birth.
(f) The lieutenant governor or a county clerk may not disclose a withholding request
form, described in Subsections (7) and (8), submitted by an individual, or information obtained
from that form, 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)
] 
(g)
 A person is guilty of a class A misdemeanor if the person:
(i) obtains the [
month or
] year of birth of a registered voter from the list of registered
voters under false pretenses; [
or
]
(ii) uses or provides the [
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[
.
]
;
(iii) obtains a voter registration record described in Subsection 
63G-2-302
(1)(k) under
false pretenses;
(iv) uses or provides information obtained from a voter registration record described in
Subsection 
63G-2-302
(1)(k) in a manner that is not permitted by law;
(v) unlawfully discloses or obtains a voter registration record withheld under
Subsection (7) or a withholding request form described in Subsections (7) and (8); or
(vi) unlawfully discloses or obtains information from a voter registration record
withheld under Subsection (7) or a withholding request form described in Subsections (7) and
(8).
[
(f)
] 
(h)
 The lieutenant governor or a county clerk shall classify the voter registration
record of a voter as a private record if the voter:
(i) submits a written application, created by the lieutenant governor, requesting that the
voter's voter registration record be classified as private; [
or
]
(ii) requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record[
.
]
; or
(iii) submits a withholding request form described in Subsection (7) and any required
verification.
(i) The lieutenant governor or a county clerk may not disclose to a person described in
Subsection (4)(a)(v) or (vi) a voter registration record, or information obtained from a voter
registration record, if the record is withheld under Subsection (7).
[
(g)
] 
(j)
 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 month or year of
birth of a registered voter from the list of registered voters under false pretenses, or provides or
uses a 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
] 
violates a provision of this section
, in an
amount equal to the greater of:
(i) the product of 30 and the square root of the total number of [
months or years of
birth
]
:
(A) records
 obtained, provided, or used unlawfully, rounded to the nearest whole
dollar; or
(B) records from which information is obtained, provided, or used unlawfully, rounded
to the nearest whole dollar; or
(ii) $200.
[
(h)
] 
(k)
 A qualified person may not obtain, provide, or use the [
month or
] year of birth
of a registered voter, if the [
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
[
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 [
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) 
or (vi)
 and obtains,
provides, or uses the [
month or
] year of birth for a political purpose 
of the political party or
candidate for public office
; or
(iv) is a qualified person described in Subsection (4)(a)[
(vi)
]
(vii)
 and obtains, provides,
or uses the [
month or
] year of birth to provide the [
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.
[
(i) A person who is not a qualified person may not obtain, provide, or use the month
or year of birth of a registered voter, if the 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 month or year of birth only for a
political purpose; or
]
[
(ii) obtains the month or year of birth from a political party or a candidate for public
office and uses the month or year of birth only for the purpose of assisting the political party or
candidate for public office to fulfill a political purpose.
]
[
(j)
] 
(l)
 The lieutenant governor or a county clerk may provide a [
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.
(m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
information from a voter registration record for a purpose other than a political purpose.
(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
] 
of
 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.
(7) The lieutenant governor or a county clerk shall withhold from a person, other than a
person described in Subsection (4)(a)(i), the voter registration record, and information obtained
from the voter registration record, of an individual:
(a) who submits a withholding request form, with the voter registration record or to the
lieutenant governor or a county clerk, if:
(i) the individual indicates on the form that the individual, or an individual who resides
with the individual, is a victim of domestic violence or dating violence or is likely to be a
victim of domestic violence or dating violence; or
(ii) the individual indicates on the form and provides verification that the individual, or
an individual who resides with the individual, is:
(A) a law enforcement officer;
(B) a member of the armed forces, as defined in Section 
20A-1-513
;
(C) a public figure; or
(D) protected by a protective order or protection order; or
(b) whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
(8) (a) The lieutenant governor shall design and distribute the withholding request form
described in Subsection (7) to each election officer and to each agency that provides a voter
registration form.
(b) An individual described in Subsection (7)(a)(i) is not required to provide
verification, other than the individual's attestation and signature on the withholding request
form, that the individual, or an individual who resides with the individual, is a victim of
domestic violence or dating violence or is likely to be a victim of domestic violence or dating
violence.
(c) The director of elections within the Office of the Lieutenant Governor shall make
rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
establishing requirements for providing the verification described in Subsection (7)(a)(ii).
(9) An election officer or an employee of an election officer may not encourage an
individual to submit, or discourage an individual from submitting, a withholding request form.
Section 3. 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.
(2) The lieutenant governor and the Driver License Division shall design each
qualifying form to include:
(a) the following question, which an applicant is required to answer: "Do you authorize
the use of information in this form for voter registration purposes? YES____ NO____";
(b) the following question, which an applicant is required to answer if the applicant
answers "yes" to the question described in Subsection (2)(a): "Any voter may register as an
absentee voter to receive ballots by mail. A voter may change this designation at any time.
Would you like to be registered as an absentee voter to receive your ballots by mail? YES____
NO ____"; and
[
(c) 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."
]
(c) the following statement:
"PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, and full date of birth are available only to government entities. Your year of birth is
available to political parties, candidates for public office, certain third parties, and their
contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order.
(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
;
(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;
(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
(e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
where an individual may, if desired:
(i) indicate the individual's desired political affiliation from a listing of each registered
political party, as defined in Section 
20A-8-101
;
(ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
individual desires to affiliate; or
(iii) indicate that the individual does not wish to affiliate with a political party.
Section 4. 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, when an individual named
on a qualifying form, as defined in Section 
20A-2-108
, answers "yes" to the question described
in Subsection 
20A-2-108
(2)(a), the information on the qualifying form that can be used for
voter registration purposes.
(2) A citizen who is qualified to vote may register to vote, and a citizen who is
qualified to preregister to vote may preregister to vote, by answering "yes" to the question
described in Subsection 
20A-2-108
(2)(a) and completing the voter registration form.
(3) The Driver License Division shall:
(a) assist an individual in completing the voter registration form unless the individual
refuses assistance;
(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
(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
following for the individual named on the form:
(i) the name, date of birth, driver license or state identification card number, last four
digits of the social security number, Utah residential address, place of birth, and signature;
(ii) a mailing address, if different from the individual's Utah residential address; 
(iii) an email address and phone number, if available;
(iv) the desired political affiliation, if indicated; [
and
]
(v) an indication of whether the individual requested that the individual's voter
registration record be classified as a private record under Subsection 
20A-2-108
(2)(c)[
.
]
; and
(vi) a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any
verification submitted with the form.
(4) Upon receipt of an individual's voter registration form from the Driver License
Division under Subsection (3), the lieutenant governor shall:
(a) enter the information into the statewide voter registration database; and
(b) if the individual requests on the individual's voter registration form that the
individual's voter registration record be classified as a private record 
or the individual submits a
withholding request form described in Subsections 
20A-2-104
(7) and (8) and any required
verification
, classify the individual's voter registration record as a private record.
(5) The county clerk of an individual whose information is entered into the statewide
voter registration database under Subsection (4) shall:
(a) ensure that the individual meets the qualifications to be registered or preregistered
to vote; and
(b) (i) 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
(ii) 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
.
(6) (a) When the county clerk receives a correctly completed voter registration form
under this section, the clerk shall:
(i) comply with the applicable provisions of this Subsection (6); or
(ii) if the individual is preregistering to vote, comply with Section 
20A-2-101.1
.
(b) If the county clerk receives a correctly completed voter registration form under this
section during the period beginning on the date after the voter registration deadline and ending
at 5 p.m. on the date that is 15 calendar days before the date of an election, the county clerk
shall:
(i) accept the voter registration form; and
(ii) unless the individual is preregistering to vote, inform the individual that the
individual is registered to vote in the pending election.
(c) If the county clerk receives a correctly completed voter registration form under this
section during the period beginning on the date that is 14 calendar days before the election and
ending at 5 p.m. on the date that is seven calendar days before the election, the county clerk
shall:
(i) accept the voter registration form; and
(ii) unless the individual is preregistering to vote, inform the individual that:
(A) the individual is registered to vote in the pending election; and
(B) for the pending election, the individual must vote on the day of the election or by
provisional ballot, under Section 
20A-2-207
, during the early voting period described in
Section 
20A-3-601
 because the individual registered late.
(d) If the county clerk receives a correctly completed voter registration form under this
section during the six calendar days before an election, the county clerk shall:
(i) accept the application for registration of the individual; and
(ii) unless the individual is preregistering to vote, inform the individual:
(A) of each manner still available to the individual to timely register to vote in the
current election; and
(B) that, if the individual does not timely register in a manner described in Subsection
(6)(d)(ii)(A), the individual is registered to vote but may not vote in the pending election
because the individual registered late.
(7) (a) If the county clerk determines that an individual's voter registration form
received from the Driver License Division is incorrect because of an error, because 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 stating that the individual has not been
registered or preregistered because of an error, 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 knows that the individual is not legally entitled to register or preregister to
vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer
the form to the county attorney for investigation and possible prosecution.
Section 5. 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 before 5 p.m. 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[
"
]
PRIVACY INFORMATION
[
"The portion of your voter registration form that lists your driver license or
identification card number, social security number, email address, and the day of your month of
birth is a private record. The portion of your voter registration form that lists 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.
]
[
You may apply to the lieutenant governor or your county clerk to have your entire
voter registration record classified as private."
]
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, and full date of birth are available only to government entities. Your year of birth is
available to political parties, candidates for public office, certain third parties, and their
contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order.
(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 6. 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 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.[
"
]
PRIVACY INFORMATION
[
"The portion of your voter registration form that lists 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 your voter registration form that lists 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.
]
[
You may apply to the lieutenant governor or your county clerk to have your entire
voter registration record classified as private."
]
Voter registration records contain some information that is available to the public, such
as your name and address, some information that is available only to government entities, and
some information that is available only to certain third parties in accordance with the
requirements of law.
Your driver license number, identification card number, social security number, email
address, and full date of birth are available only to government entities. Your year of birth is
available to political parties, candidates for public office, certain third parties, and their
contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld
from all persons other than government entities, political parties, candidates for public office,
and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that all information on
your voter registration records be withheld from all political parties, candidates for public
office, and their contractors, employees, and volunteers, by submitting a withholding request
form, and any required verification, as described in the following paragraphs.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form with this registration
record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or
resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that all information on the person's voter registration records be
withheld from all political parties, candidates for public office, and their contractors,
employees, and volunteers, by submitting a withholding request form and any required
verification with this registration form, or to the lieutenant governor or a county clerk, if the
person is, or resides with a person who is, a law enforcement officer, a member of the armed
forces, a public figure, or protected by a protective order or a protection order.
[
"
]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 7. Section 
63G-2-202
 is amended to read:
63G-2-202.
Access to private, controlled, and protected documents.
(1) Except as provided in Subsection (11)(a), a governmental entity:
(a) shall, upon request, disclose a private record to:
(i) the subject of the record;
(ii) the parent or legal guardian of an unemancipated minor who is the subject of the
record;
(iii) the legal guardian of a legally incapacitated individual who is the subject of the
record;
(iv) any other individual who:
(A) has a power of attorney from the subject of the record;
(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
(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
(v) any person to whom the record must be provided pursuant to:
(A) court order as provided in Subsection (7); or
(B) a legislative subpoena as provided in Title 36, Chapter 14, Legislative Subpoena
Powers; and
(b) may disclose a private record described in [
Subsection
] 
Subsections
63G-2-302
(1)(j) [
or (k)
] 
through (m)
, 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, physician assistant, 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) 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)
]
(w)
.
(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 State 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)(a)(v).
(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 8. Section 
63G-2-301
 is amended to read:
63G-2-301.
Public records.
(1) As used in this section:
(a) "Business address" means a single address of a governmental agency designated for
the public to contact an employee or officer of the governmental agency.
(b) "Business email address" means a single email address of a governmental agency
designated for the public to contact an employee or officer of the governmental agency.
(c) "Business telephone number" means a single telephone number of a governmental
agency designated for the public to contact an employee or officer of the governmental agency.
(2) The following records are public except to the extent they contain information
expressly permitted to be treated confidentially under the provisions of Subsections
63G-2-201
(3)(b) and (6)(a):
(a) laws;
(b) the name, gender, gross compensation, job title, job description, business address,
business email address, business telephone number, number of hours worked per pay period,
dates of employment, and relevant education, previous employment, and similar job
qualifications of a current or former employee or officer of the governmental entity, excluding:
(i) undercover law enforcement personnel; and
(ii) investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c) final opinions, including concurring and dissenting opinions, and orders that are
made by a governmental entity in an administrative, adjudicative, or judicial proceeding except
that if the proceedings were properly closed to the public, the opinion and order may be
withheld to the extent that they contain information that is private, controlled, or protected;
(d) final interpretations of statutes or rules by a governmental entity unless classified as
protected as provided in Subsection 
63G-2-305
(17) or (18);
(e) information contained in or compiled from a transcript, minutes, or report of the
open portions of a meeting of a governmental entity as provided by Title 52, Chapter 4, Open
and Public Meetings Act, including the records of all votes of each member of the
governmental entity;
(f) judicial records unless a court orders the records to be restricted under the rules of
civil or criminal procedure or unless the records are private under this chapter;
(g) unless otherwise classified as private under Section 
63G-2-303
, records or parts of
records filed with or maintained by county recorders, clerks, treasurers, surveyors, zoning
commissions, the Division of Forestry, Fire, and State Lands, the School and Institutional Trust
Lands Administration, the Division of Oil, Gas, and Mining, the Division of Water Rights, or
other governmental entities that give public notice of:
(i) titles or encumbrances to real property;
(ii) restrictions on the use of real property;
(iii) the capacity of persons to take or convey title to real property; or
(iv) tax status for real and personal property;
(h) records of the Department of Commerce that evidence incorporations, mergers,
name changes, and uniform commercial code filings;
(i) data on individuals that would otherwise be private under this chapter if the
individual who is the subject of the record has given the governmental entity written
permission to make the records available to the public;
(j) documentation of the compensation that a governmental entity pays to a contractor
or private provider;
(k) summary data;
(l) voter registration records, including an individual's voting history, except for a voter
registration record or those parts of a voter registration record that are classified as private
under [
Subsection
] 
Subsections
63G-2-302
(1)(j) [
or (k)
] 
through (m) or withheld under
Subsection 
20A-2-104
(7)
;
(m) for an elected official, as defined in Section 
11-47-102
, a telephone number, if
available, and email address, if available, where that elected official may be reached as required
in Title 11, Chapter 47, Access to Elected Officials;
(n) for a school community council member, a telephone number, if available, and
email address, if available, where that elected official may be reached directly as required in
Section 
53G-7-1203
;
(o) annual audited financial statements of the Utah Educational Savings Plan described
in Section 
53B-8a-111
; and
(p) an initiative packet, as defined in Section 
20A-7-101
, and a referendum packet, as
defined in Section 
20A-7-101
, after the packet is submitted to a county clerk.
(3) The following records are normally public, but to the extent that a record is
expressly exempt from disclosure, access may be restricted under Subsection 
63G-2-201
(3)(b),
Section 
63G-2-302
, 
63G-2-304
, or 
63G-2-305
:
(a) administrative staff manuals, instructions to staff, and statements of policy;
(b) records documenting a contractor's or private provider's compliance with the terms
of a contract with a governmental entity;
(c) records documenting the services provided by a contractor or a private provider to
the extent the records would be public if prepared by the governmental entity;
(d) contracts entered into by a governmental entity;
(e) any account, voucher, or contract that deals with the receipt or expenditure of funds
by a governmental entity;
(f) records relating to government assistance or incentives publicly disclosed,
contracted for, or given by a governmental entity, encouraging a person to expand or relocate a
business in Utah, except as provided in Subsection 
63G-2-305
(35);
(g) chronological logs and initial contact reports;
(h) correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision, the public,
or any person;
(i) empirical data contained in drafts if:
(i) the empirical data is not reasonably available to the requester elsewhere in similar
form; and
(ii) the governmental entity is given a reasonable opportunity to correct any errors or
make nonsubstantive changes before release;
(j) drafts that are circulated to anyone other than:
(i) a governmental entity;
(ii) a political subdivision;
(iii) a federal agency if the governmental entity and the federal agency are jointly
responsible for implementation of a program or project that has been legislatively approved;
(iv) a government-managed corporation; or
(v) a contractor or private provider;
(k) drafts that have never been finalized but were relied upon by the governmental
entity in carrying out action or policy;
(l) original data in a computer program if the governmental entity chooses not to
disclose the program;
(m) arrest warrants after issuance, except that, for good cause, a court may order
restricted access to arrest warrants prior to service;
(n) search warrants after execution and filing of the return, except that a court, for good
cause, may order restricted access to search warrants prior to trial;
(o) records that would disclose information relating to formal charges or disciplinary
actions against a past or present governmental entity employee if:
(i) the disciplinary action has been completed and all time periods for administrative
appeal have expired; and
(ii) the charges on which the disciplinary action was based were sustained;
(p) records maintained by the Division of Forestry, Fire, and State Lands, the School
and Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
evidence mineral production on government lands;
(q) final audit reports;
(r) occupational and professional licenses;
(s) business licenses; and
(t) a notice of violation, a notice of agency action under Section 
63G-4-201
, or similar
records used to initiate proceedings for discipline or sanctions against persons regulated by a
governmental entity, but not including records that initiate employee discipline.
(4) The list of public records in this section is not exhaustive and should not be used to
limit access to records.
Section 9. Section 
63G-2-302
 is amended to read:
63G-2-302.
Private records.
(1) The following records are private:
(a) records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b) records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c) records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d) records received by or generated by or for:
(i) the Independent Legislative Ethics Commission, except for:
(A) the commission's summary data report that is required under legislative rule; and
(B) any other document that is classified as public under legislative rule; or
(ii) a Senate or House Ethics Committee in relation to the review of ethics complaints,
unless the record is classified as public under legislative rule;
(e) records received by, or generated by or for, the Independent Executive Branch
Ethics Commission, except as otherwise expressly provided in Title 63A, Chapter 14, Review
of Executive Branch Ethics Complaints;
(f) records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i) if, prior to the meeting, the chair of the committee determines release of the records:
(A) reasonably could be expected to interfere with the investigation undertaken by the
committee; or
(B) would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii) after the meeting, if the meeting was closed to the public;
(g) employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home address,
home telephone number, social security number, insurance coverage, marital status, or payroll
deductions;
(h) records or parts of records under Section 
63G-2-303
 that a current or former
employee identifies as private according to the requirements of that section;
(i) that part of a record indicating a person's social security number or federal employer
identification number if provided under Section 
31A-23a-104
, 
31A-25-202
, 
31A-26-202
,
58-1-301
, 
58-55-302
, 
61-1-4
, or 
61-2f-203
;
(j) that part of a voter registration record identifying a voter's:
(i) driver license or identification card number;
(ii) social security number, or last four digits of the social security number;
(iii) email address; or
(iv) date of birth;
(k) a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection 
20A-2-101.1
(5)(a),
20A-2-104
(4)[
(f)
]
(h)
,
[
20A-2-101.1
(5)(a),
] or 
20A-2-204
(4)(b);
(l) a voter registration record that is withheld under Subsection 
20A-2-104
(7);
(m) a withholding request form described in Subsections 
20A-2-104
(7) and (8) and any
verification submitted in support of the form;
[
(l)
] 
(n)
 a record that:
(i) contains information about an individual;
(ii) is voluntarily provided by the individual; and
(iii) goes into an electronic database that:
(A) is designated by and administered under the authority of the Chief Information
Officer; and
(B) acts as a repository of information about the individual that can be electronically
retrieved and used to facilitate the individual's online interaction with a state agency;
[
(m)
] 
(o)
 information provided to the Commissioner of Insurance under:
(i) Subsection 
31A-23a-115
(3)(a);
(ii) Subsection 
31A-23a-302
(4); or
(iii) Subsection 
31A-26-210
(4);
[
(n)
] 
(p)
 information obtained through a criminal background check under Title 11,
Chapter 40, Criminal Background Checks by Political Subdivisions Operating Water Systems;
[
(o)
] 
(q)
 information provided by an offender that is:
(i) required by the registration requirements of Title 77, Chapter 41, Sex and Kidnap
Offender Registry or Title 77, Chapter 43, Child Abuse Offender Registry; and
(ii) not required to be made available to the public under Subsection 
77-41-110
(4) or
77-43-108
(4);
[
(p)
] 
(r)
 a statement and any supporting documentation filed with the attorney general
in accordance with Section 
34-45-107
, if the federal law or action supporting the filing
involves homeland security;
[
(q)
] 
(s)
 electronic toll collection customer account information received or collected
under Section 
72-6-118
 and customer information described in Section 
17B-2a-815
 received or
collected by a public transit district, including contact and payment information and customer
travel data;
[
(r)
] 
(t)
 an email address provided by a military or overseas voter under Section
20A-16-501
;
[
(s)
] 
(u)
 a completed military-overseas ballot that is electronically transmitted under
Title 20A, Chapter 16, Uniform Military and Overseas Voters Act;
[
(t)
] 
(v)
 records received by or generated by or for the Political Subdivisions Ethics
Review Commission established in Section 
63A-15-201
, except for:
(i) the commission's summary data report that is required in Section 
63A-15-202
; and
(ii) any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
[
(u)
] 
(w)
 a record described in Section 
53G-9-604
 that verifies that a parent was
notified of an incident or threat;
[
(v)
] 
(x)
 a criminal background check or credit history report conducted in accordance
with Section 
63A-3-201
; and
[
(w)
] 
(y)
 a record described in Subsection 
53-5a-104
(7).
(2) The following records are private if properly classified by a governmental entity:
(a) records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status information
such as race, religion, or disabilities, but not including records that are public under Subsection
63G-2-301
(2)(b) or 
63G-2-301
(3)(o) or private under Subsection (1)(b);
(b) records describing an individual's finances, except that the following are public:
(i) records described in Subsection 
63G-2-301
(2);
(ii) information provided to the governmental entity for the purpose of complying with
a financial assurance requirement; or
(iii) records that must be disclosed in accordance with another statute;
(c) records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d) other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e) records provided by the United States or by a government entity outside the state
that are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public disclosure if
retained by it;
(f) any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section 
62A-3-102
, that may disclose, or lead to the discovery of, the identity of a
person who made a report of alleged abuse, neglect, or exploitation of a vulnerable adult; and
(g) audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for recordings that: 
(i) depict the commission of an alleged crime;
(ii) record any encounter between a law enforcement officer and a person that results in
death or bodily injury, or includes an instance when an officer fires a weapon;
(iii) record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv) contain an officer involved critical incident as defined in [
Section
] 
Subsection
76-2-408
(1)[
(d)
]
(f)
; or
(v) have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording. 
(3) (a) As used in this Subsection (3), "medical records" means medical reports,
records, statements, history, diagnosis, condition, treatment, and evaluation.
(b) Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under Section
63G-2-304
 when the records are sought:
(i) in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii) after a patient's death, in any legal or administrative proceeding in which any party
relies upon the condition as an element of the claim or defense.
(c) Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the medical
records were in the possession of a nongovernmental medical care provider.