Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 3006 First Substitute (2020S3)

Sponsor

Rep. Moss, J.

Final action

House/ to Governor 4/22/2020

Outcome

House/ to Governor

Summary

What it does

• This bill:
• preempts conflicts between this bill and other provisions of the Utah Code, emergency declarations, and other restrictions;
• requires the lieutenant governor to:
• issue protocols to protect the health and safety of voters and government employees, including poll workers, in the conduct of the 2020 regular primary election; and
• conduct a campaign to educate the public on the provisions of this bill;
• authorizes the lieutenant governor to make other modifications relating to deadlines, locations, and methods of conducting the 2020 regular primary election to the extent the modifications are necessary to carry out the provisions of this bill;
• modifies election notice provisions to inform voters of changes applicable to the 2020 regular primary election;
• modifies multiple provisions relating to the 2020 regular primary election, including that:
• except for a mobile voting county, the election will be conducted entirely by mail;
• except for a mobile voting county, there will be no polling places on election day;
• there will be no in person early voting;
• there will be no in person voter registration;
• there will be no voter registration by provisional ballot;
• the voter registration deadline is 11 days before the day of the election; and

Every vote on this bill

Bill text

ELECTION AMENDMENTS
THIRD SPECIAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson Moss
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill makes temporary changes to the Election Code and related provisions, as they
relate to the 2020 regular primary election only, to conduct the election in a manner that
protects the public health and safety in relation to the COVID-19 pandemic.
Highlighted Provisions:
This bill:
▸ preempts conflicts between this bill and other provisions of the Utah Code,
emergency declarations, and other restrictions;
▸ requires the lieutenant governor to:
• issue protocols to protect the health and safety of voters and government
employees, including poll workers, in the conduct of the 2020 regular primary
election; and
• conduct a campaign to educate the public on the provisions of this bill;
▸ authorizes the lieutenant governor to make other modifications relating to deadlines,
locations, and methods of conducting the 2020 regular primary election to the extent
the modifications are necessary to carry out the provisions of this bill;
▸ modifies election notice provisions to inform voters of changes applicable to the
2020 regular primary election;
▸ modifies multiple provisions relating to the 2020 regular primary election, including
that:
• except for a mobile voting county, the election will be conducted entirely by
mail;
• except for a mobile voting county, there will be no polling places on election
day;
• there will be no in person early voting;
• there will be no in person voter registration;
• there will be no voter registration by provisional ballot;
• the voter registration deadline is 11 days before the day of the election; and
• the postmark deadline for mailing a ballot is extended to the day of the election;
▸ lists several code provisions that are not in effect, or that are otherwise modified, for
the 2020 regular primary election; and
▸ establishes a process for a county to qualify as a mobile voting county that provides
limited drive-up voting on election day.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
This bill provides a repeal date.
This bill provides revisor instructions.
Utah Code Sections Affected:
ENACTS:
20A-1-309
, Utah Code Annotated 1953
Utah Code Sections Affected by Revisor Instructions:
20A-1-309
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-1-309
 is enacted to read:
 20A-1-309.
Regular primary election, 2020 -- COVID-19 measures.
(1) (a) As used in this section, "mobile voting county" means a county that opts in to
drive-up voting on election day in accordance with Subsection (9).
(b) In relation to conducting the 2020 regular primary election, the Legislature takes
the action described in this section to protect the public health and safety in relation to the
COVID-19 pandemic.
(c) If any provision of the Utah Code conflicts with a provision of this section, this
section prevails.
(2) Notwithstanding any emergency declaration issued under the authority of this state,
or any other restriction imposed by the governor, the Department of Health, a local
government, a local health department, or any other government entity of the state, and
consistent with the requirements of this section, the conduct of the 2020 regular primary
election:
(a) subject to the provisions of this section, is an essential service, including voting,
voter registration, the mailing of ballots, the return of completed ballots, the processing of
ballots, the counting and tallying of votes, and the release of election results; and
(b) except as expressly provided in this section, is not prohibited or affected by the
emergency declaration or restriction.
(3) The lieutenant governor shall, in consultation with the county clerks and consistent
with the provisions of this section and other applicable requirements of law, issue protocols to
protect the health and safety of voters and government employees in the conduct of the 2020
regular primary election, including:
(a) requiring poll workers to use protective gear and to wash hands regularly;
(b) prohibiting ill poll workers from working; and
(c) promoting, to the extent practicable, social distancing between poll workers.
(4) The lieutenant governor shall conduct a campaign to educate the public on the
provisions of this section, especially provisions relating to changes in the voter registration,
voting methods, and voting process.
(5) The lieutenant governor may make other modifications relating to deadlines,
locations, and methods of conducting the 2020 regular primary election to the extent the
modifications are necessary to carry out the provisions of this section.
(6) For the 2020 regular primary election only:
(a) the entire election will be conducted by mail, except that:
(i) a mobile voting county may provide drive-up voting, on election day only, in
accordance with the requirements of this section;
(ii) a covered voter, as defined in Section 
20A-16-102
, may vote in any manner
approved by the election officer;
(iii) a voter with a disability who is unable to vote by casting a manual ballot may,
upon giving reasonable notice to the county clerk, vote by any manner approved by the election
officer; and
(iv) a caretaker for a voter described in Subsection (6)(a)(iii) may vote at the same time
and place as the voter;
(b) except as provided in Subsection (6)(c), the notice of election shall include the
following statement: "To help prevent the spread of the coronavirus, for the 2020 regular
primary election only:
▸ 
the election will be conducted entirely by mail;
▸ 
drop boxes will be available for depositing mail-in ballots until 8 p.m. on
election day;
▸ 
there will be no polling places on election day;
▸ 
there will be no in person voting, including no in person early voting;
▸ 
there will be no in person voter registration;
▸ 
there will be no voter registration by provisional ballot; and
▸ 
the voter registration deadline is 11 days before the day of the election.
An individual with a disability who is not able to vote a manual ballot by mail shall
give reasonable notice to the county clerk where the individual resides to make arrangements
for reasonable accommodations for the voter to vote.";
(c) the notice of election for a mobile voting county shall include the following
statement: "To help prevent the spread of the coronavirus, for the 2020 regular primary election
only:
▸ 
the election will be conducted primarily by mail;
▸ 
drop boxes will be available for depositing mail-in ballots until 8 p.m. on
election day;
▸ 
there will be no regular polling places on election day, but there will be limited
drive-up voting on election day, unless the county clerk cancels drive-up voting
based on public health concerns;
▸ 
if drive-up voting is cancelled based on public health concerns, voters will be
required to vote by mail;
▸ 
except for drive-up voting on election day only, there will be no in person
voting and no in person early voting;
▸ 
there will be no in person voter registration;
▸ 
there will be no voter registration by provisional ballot; and
▸ 
the voter registration deadline is 11 days before the day of the election.
An individual with a disability who is not able to vote a manual ballot by mail shall
give reasonable notice to the county clerk where the individual resides to make arrangements
for reasonable accommodations for the voter to vote.";
(d) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Section 
20A-5-403
 is not in effect;
(e) the election officer shall mail a manual ballot to each active voter who is eligible to
vote in the primary, regardless of whether the voter has requested that the election officer not
send a ballot by mail to the voter;
(f) early voting will not take place;
(g) registration by provisional ballot will not take place and Section 
20A-2-207
 is not
in effect;
(h) provisional ballots may only be cast:
(i) by mail;
(ii) for an individual with a disability, as otherwise authorized by the election officer;
or
(iii) for a mobile voting county, at a drive-up voting station;
(i) the provisions of Section 
20A-3a-205
 will only be in effect to the extent they can be
completed in accordance with Subsection (6)(h);
(j) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
11-14-202
(3), (4)(a)(ii), (4)(a)(iv), (4)(b), and (6) are not in
effect;
(k) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), the portion of Subsection 
11-14-202
(4)(a)(iii) following the words "election
officer's website" is not in effect;
(l) except for a registration completed before the effective date of this bill, in person
voter registration is not in effect, including registration described in Section 
20A-2-201
 or
Subsection 
20A-2-304
(1)(a);
(m) Subsection 
20A-2-307
(2)(a) is not in effect;
(n) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Sections 
20A-4-101
, 
20A-4-102
, and 
20A-4-103
 are not in effect;
(o) Subsection 
20A-4-202
(2)(a) is not in effect;
(p) the deadline for the canvas to be completed is 21 days after the election;
(q) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-5-101
(4)(b), (4)(c), (4)(e), and (6)(c)(iii) are not in effect;
(r) the statement described in Subsections 
20A-5-101
(4)(d) and 
20A-7-702
(2)(m) and
(2)(n) shall, instead of referring to polling places, refer to:
(i) ballot drop boxes; and
(ii) for a mobile voting county, drive-up voting stations;
(s) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), the portion of Subsection 
20A-7-702
(3)(c) following the words "upon
request" are not in effect;
(t) Subsection 
20A-7-801
(3)(c) is not in effect;
(u) (i) except as provided in Subsection (6)(u)(ii), the statement described in
Subsection 
20A-5-101
(6)(b) shall state "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including ballot
drop box locations and qualifications of voters may be obtained from the following sources:";
(ii) for a mobile voting county, the statement described in Subsection 
20A-5-101
(6)(b)
shall state "A [indicate election type] will be held in [indicate the jurisdiction] on [indicate date
of election]. Information relating to the election, including ballot drop box locations, drive-up
voting locations, and qualifications of voters may be obtained from the following sources:";
(v) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k):
(i) the portion of Subsection 
20A-5-102
(1)(c)(xiii) following the words "date of the
election" are not in effect; and
(ii) Subsection 
20A-5-102
(2) is not in effect;
(w) the election officer may modify the number of poll workers to an amount that the
election officer determines is appropriate and may alter or otherwise designate the duties of
poll workers in general, and of each individual poll worker;
(x) the election officer may reduce the number of watchers and alter or otherwise
regulate the placement and conduct of watchers as the election officer determines is
appropriate;
(y) in Section 
20A-6-203
:
(i) the provisions relating to voting booths are not in effect; and
(ii) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), the provisions relating to ballot boxes are not in effect; and
(z) an election officer may not release any ballot counts or any other election results or
updates to the public before 10 p.m. on election day.
(7) For the 2020 regular primary election only, with respect to the version of the Utah
Code otherwise in effect before May 12, 2020:
(a) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsection 
20A-3-202.3
(3)(b)(ii) is not in effect;
(b) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-3-302
(2)(a)(ii) and (v) and (6)(a), (b), and (c) are not in
effect;
(c) Subsection 
20A-3-306.5
(3)(a) is not in effect;
(d) Chapter 3, Part 6, Early Voting, is not in effect;
(e) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Chapter 3, Part 7, Election Day Voting Center, is not in effect;
(f) Subsections 
20A-5-101
(4)(b), (c), and (e) are not in effect;
(g) the portion of Subsection 
20A-5-101
(4)(d) that follows the words "election officer's
website" is not in effect; and
(h) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), the portion of Subsection 
20A-5-101
(6)(b) that states "polling places,
polling place hours, and" is not in effect.
(8) For the 2020 regular primary election only, with respect to the version of the Utah
Code otherwise in effect beginning on May 12, 2020:
(a) Subsections 
20A-2-102.5
(2)(a)(i), (2)(b), and (2)(c) are not in effect;
(b) the portion of Subsection 
20A-2-202
(3)(b) following the words "pending election"
is not in effect;
(c) the portion of Subsection 
20A-2-204
(6)(c)(iii) following the words "pending
election" is not in effect;
(d) the portion of Subsection 
20A-2-205
(7)(b) following the words "pending election"
is not in effect;
(e) Subsection 
20A-2-206
(9)(b) is not in effect;
(f) Section 
20A-3a-105
 is not in effect, except:
(i) as it applies to an individual with a disability; or
(ii) as it relates to drive-up voting for a mobile voting county, subject to Subsection
(9)(k);
(g) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-3a-201
(1)(b) and (c) are not in effect;
(h) (i) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-3a-202
(2)(a)(iv) and (v), (8)(a), (b), and (c) are not in
effect; and
(ii) Subsection 
20A-3a-202
(10) is not in effect;
(i) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Section 
20A-3a-203
 is not in effect;
(j) the deadline for a postmark or other mark described in Subsection
20A-3a-204
(2)(a)(i) is extended to on or before election day;
(k) the words "in line at" in Subsection 
20A-3a-204
(2)(d) are replaced with the words
"waiting in the vicinity of";
(l) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-3a-204
(2)(b)(i), (3), (4), (7), (8), and (9) are not in effect;
(m) the words "enter a polling place" in Subsection 
20A-3a-208
(1) are replaced with
the word "vote";
(n) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-3a-209
(1) and (2) are not in effect;
(o) Section 
20A-3a-301
 is in effect only to the extent that the process can be
completed:
(i) by mail;
(ii) for a mobile voting county, via a drive-up voting center; or
(iii) if approved by the lieutenant governor, electronic means;
(p) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Section 
20A-3a-402
 is not in effect;
(q) Chapter 3a, Part 6, Early Voting, is not in effect;
(r) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Chapter 3a, Part 7, Election Day Voting Center, is not in effect;
(s) Subsection 
20A-3a-804
(1)(b) shall be completed by mail;
(t) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), the portion of Subsection 
20A-3a-804
(3)(b)(ii) following the words
"provisional ballot" is not in effect;
(u) Subsection 
20A-3a-804
(4)(a) is not in effect, and the election officer is, instead,
required to determine whether each challenged individual is eligible to vote before the day on
which the canvass is held;
(v) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Section 
20A-3a-805
 is not in effect;
(w) the requirement in Subsection 
20A-4-303
(1)(b) regarding a public canvass may be
fulfilled by recording the canvass and making the recording available to the public;
(x) Subsection 
20A-5-403.5
(3)(b) is not in effect;
(y) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsection 
20A-5-205
(2) is not in effect;
(z) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Section 
20A-5-404
 is not in effect;
(aa) (i) Subsections 
20A-5-405
(1)(h)(i) and (2)(c)(ii) are not in effect; and
(ii) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Subsections 
20A-5-405
(1)(i) and (3)(b)(ii) are not in effect;
(bb) except as it relates to drive-up voting for a mobile voting county, and subject to
Subsection (9)(k), Sections 
20A-5-406
 and 
20A-5-407
 are not in effect; and
(cc) the "in person" requirement in Section 
20A-7-609.5
(3)(a)(i) is not in effect.
(9) (a) A county is a mobile voting county if, before 5 p.m. on May 1, 2020, the county
clerk notifies the lieutenant governor that the county will be a mobile voting county.
(b) Except as provided in Subsection (9)(j), a mobile voting county shall operate one or
more drive-up voting stations during normal polling hours on election day.
(c) Only a mobile voting county may operate a drive-up voting station.
(d) A mobile voting county may not operate a drive-up voting station at any time other
than during normal polling hours on election day.
(e) Vehicles in line at a drive-up voting station at 8 p.m. may vote at the drive-up
voting station.
(f) A mobile voting county shall:
(i) establish procedures and requirements to protect the health and welfare of voters
and poll workers at a drive-up voting station, including the use of protective gear;
(ii) operate the drive-up voting station in a manner that permits a voter to vote while
remaining in a vehicle;
(iii) take measures to ensure that a voter's vote is secret and secure; and
(iv) conduct a campaign to encourage voters to vote by mail rather than at a drive-up
voting station.
(g) Any duty of care owed by a government entity in relation to a drive-up voting
station is the sole responsibility of the mobile voting county, not the state.
(h) This section does not impose a duty of care or other legal liability not already owed
under the provisions of law.
(i) A drive-up voting station is a polling place.
(j) (i) The county clerk of a mobile voting county may cancel drive-up voting or close a
drive-up voting station if the county clerk determines that cancellation is necessary to protect
the public health and welfare.
(ii) If cancellation or closure occurs under Subsection (9)(j)(i), the county clerk shall
give notice of the cancellation or closure as soon as reasonably possible, in the manner that the
county clerk determines is best under the circumstances, and a voter must then vote by placing
the ballot that the voter received by mail in a ballot box.
(iii) A voter who waits to vote until election day assumes the risk that a drive-up voting
station may close at any time to protect the public health and welfare and that the voter may be
required to vote by placing the ballot that the voter received by mail in a ballot box.
(k) A county clerk of a mobile voting county may, consistent with the provisions of
this section and the other requirements of law that remain in effect for the 2020 regular primary
election, alter requirements relating to a polling place to the extent necessary to address the
practical differences between drive-up voting and voting in a building.
Section 2. 
Effective date.
If approved by two-thirds of all the members elected to each house, this bill takes effect
upon approval by the governor, or the day following the constitutional time limit of Utah
Constitution, Article VII, Section 8, without the governor's signature, or in the case of a veto,
the date of veto override.
Section 3. 
Repeal date.
This bill is repealed on August 1, 2020.
Section 4. 
Revisor instructions.
The Legislature intends that the Office of Legislative Research and General Counsel, in
preparing the Utah Code database for publication, replace the phrase "the effective date of this
bill" with the actual effective date of this bill in Subsection 
20A-1-309
(6)(l).