Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 67 First Substitute (2022GS)

Sponsor

Rep. Petersen, M.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires the lieutenant governor and county clerks to take action to regularly update the official register of voters; and
• provides instructions on the outside of an envelope for returning a ballot mailed to the wrong address.

Every vote on this bill

Bill text

VOTER ROLL MAINTENANCE AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Michael J. Petersen
Senate Sponsor: 
Kirk A. Cullimore
LONG TITLE
General Description:
This bill amends provisions relating to maintaining the official register of voters.
Highlighted Provisions:
This bill:
▸ requires the lieutenant governor and county clerks to take action to regularly update
the official register of voters; and
▸ provides instructions on the outside of an envelope for returning a ballot mailed to
the wrong address.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-2-305
, as last amended by Laws of Utah 2017, Chapters 52 and 327
20A-2-306
, as last amended by Laws of Utah 2021, Chapters 11 and 100
20A-3a-202
, as last amended by Laws of Utah 2021, Chapter 100
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-305
 is amended to read:
20A-2-305.
Removing names from the official register -- General requirements.
(1) The county clerk may not remove a voter's name from the official register because
the voter has failed to vote in an election.
(2) The county clerk shall remove a voter's name from the official register if:
(a) the voter dies and the requirements of Subsection (3) are met;
(b) the county clerk, after complying with the requirements of Section 
20A-2-306
,
receives written confirmation from the voter that the voter no longer resides within the county
clerk's county;
(c) the county clerk has:
(i) obtained evidence that the voter's residence has changed;
(ii) mailed notice to the voter as required by Section 
20A-2-306
;
(iii) (A) received no response from the voter; or
(B) not received information that confirms the voter's residence; and
(iv) the voter has failed to vote or appear to vote in an election during the period
beginning on the date of the notice described in Section 
20A-2-306
 and ending on the day after
the date of the second regular general election occurring after the date of the notice;
(d) the voter requests, in writing, that the voter's name be removed from the official
register;
(e) the county clerk receives notice that a voter has been convicted of any felony or a
misdemeanor for an offense under this title and the voter's right to vote has not been restored as
provided in Section 
20A-2-101.3
 or 
20A-2-101.5
; or
(f) the county clerk receives notice that a voter has registered to vote in another state
after the day on which the voter registered to vote in this state.
(3) The county clerk shall remove a voter's name from the official register within five
business days after the day on which the county clerk receives confirmation from the
Department of Health's Bureau of Vital Records that the voter is deceased.
(4) No later than 90 days before each primary and general election, the county clerk
shall update the official register by reviewing the official register and taking the actions
permitted or required by law under this section, Section 
20A-2-304.5
, and Section 
20A-2-306
. 
Section 2. 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) (a) 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
What is your current phone number (optional)?________________________________
What is your current email address (optional)?_________________________________
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
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, full date of birth, and phone number 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."
(b) Beginning May 1, 2022, the form described in Subsection (3)(a) shall also include a
section in substantially the following form:
------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
If you have provided a phone number or email address, you can receive notifications by
text message or email regarding the status of a ballot that is mailed to you or a ballot that you
deposit in the mail or in a ballot drop box, by indicating here:
______ Yes, I would like to receive electronic notifications regarding the status of my
ballot.
------------------------------------------------------------------------------------------------------------------
(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.
(5) Beginning on or before January 1, 2022, the lieutenant governor shall make
available to a county clerk United States Social Security Administration data received by the
lieutenant governor regarding deceased individuals.
(6) A county clerk shall, within ten business days after the day on which the county
clerk receives the information described in Subsection (5) or Subsections 
26-2-13
(11) and (12)
relating to a decedent whose name appears on the official register, remove the decedent's name
from the official register.
(7) Ninety days before [
a regular primary election and 90 days before a regular
] 
each
primary and
 general election the lieutenant governor shall compare the information the
lieutenant governor has received under Subsection 
26-2-13
(11) with the official register of
voters to ensure that all deceased voters have been removed from the official register.
Section 3. Section 
20A-3a-202
 is amended to read:
20A-3a-202.
Conducting election by mail.
(1) Except as otherwise provided for an election conducted entirely by mail under
Section 
20A-7-609.5
, an election officer shall administer an election primarily by mail, in
accordance with this section.
(2) An election officer who administers an election:
(a) shall in accordance with Subsection (3), no sooner than 21 days before election day
and no later than seven days before election day, mail to each active voter within a voting
precinct:
(i) a manual ballot;
(ii) a return envelope;
(iii) instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be counted;
(iv) for an election administered by a county clerk, information regarding the location
and hours of operation of any election day voting center at which the voter may vote or a
website address where the voter may view this information;
(v) for an election administered by an election officer other than a county clerk, if the
election officer does not operate a polling location or an election day voting center, a warning,
on a separate page of colored paper in bold face print, indicating that if the voter fails to follow
the instructions included with the ballot, the voter will be unable to vote in that election
because there will be no polling place for the voting precinct on the day of the election; and
(vi) after May 1, 2022, instructions on how a voter may sign up to receive electronic
ballot status notifications via the ballot tracking system described in Section 
20A-3a-401.5
;
[
and
]
(b) may not mail a ballot under this section to:
(i) an inactive voter, unless the inactive voter requests a manual ballot; or
(ii) a voter whom the election officer is prohibited from sending a ballot under
Subsection (10)(c)(ii)[
.
]
; and
(c) shall, on the outside of the envelope in which the election officer mails the ballot,
include instructions for returning the ballot if the individual to whom the election officer mails
the ballot does not live at the address to which the ballot is sent.
(3) (a) An election officer who mails a manual ballot under Subsection (2) shall mail
the manual ballot to the address:
(i) provided at the time of registration; or
(ii) if, at or after the time of registration, the voter files an alternate address request
form described in Subsection (3)(b), the alternate address indicated on the form.
(b) The lieutenant governor shall make available to voters an alternate address request
form that permits a voter to request that the election officer mail the voter's ballot to a location
other than the voter's residence.
(c) A voter shall provide the completed alternate address request form to the election
officer no later than 11 days before the day of the election.
(4) The return envelope shall include:
(a) the name, official title, and post office address of the election officer on the front of
the envelope;
(b) a space where a voter may write an email address and phone number by which the
election officer may contact the voter if the voter's ballot is rejected;
(c) a printed affidavit in substantially the following form:
"County of ____State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
currently incarcerated for commission of a felony.
______________________________
Signature of Voter"; and
(d) a warning that the affidavit must be signed by the individual to whom the ballot
was sent and that the ballot will not be counted if the signature on the affidavit does not match
the signature on file with the election officer of the individual to whom the ballot was sent.
(5) If the election officer determines that the voter is required to show valid voter
identification, the election officer may:
(a) mail a ballot to the voter; and
(b) instruct the voter to include a copy of the voter's valid voter identification with the
return ballot.
(6) An election officer who administers an election shall:
(a) (i) before the election, obtain the signatures of each voter qualified to vote in the
election; or
(ii) obtain the signature of each voter within the voting precinct from the county clerk;
and
(b) maintain the signatures on file in the election officer's office.
(7) Upon receipt of a returned ballot, the election officer shall review and process the
ballot under Section 
20A-3a-401
.
(8) A county that administers an election:
(a) shall provide at least one election day voting center in accordance with Chapter 3a,
Part 7, Election Day Voting Center, and at least one additional election day voting center for
every 5,000 active voters in the county who have requested to not receive a ballot by mail;
(b) shall ensure that each election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act of 2002,
Pub. L. No. 107-252, for individuals with disabilities;
(c) may reduce the early voting period described in Section 
20A-3a-601
, if:
(i) the county clerk conducts early voting on at least four days;
(ii) the early voting days are within the period beginning on the date that is 14 days
before the date of the election and ending on the day before the election; and
(iii) the county clerk provides notice of the reduced early voting period in accordance
with Section 
20A-3a-604
;
(d) is not required to pay return postage for a ballot; and
(e) is subject to an audit conducted under Subsection (9).
(9) (a) The lieutenant governor shall:
(i) develop procedures for conducting an audit of affidavit signatures on ballots cast in
an election conducted under this section; and
(ii) after each primary, general, or special election conducted under this section, select
a number of ballots, in varying jurisdictions, to audit in accordance with the procedures
developed under Subsection (9)(a)(i).
(b) The lieutenant governor shall post the results of an audit conducted under this
Subsection (9) on the lieutenant governor's website.
(10) (a) An individual may request that the election officer not send the individual a
ballot by mail in the next and subsequent elections by submitting a written request to the
election officer.
(b) An individual shall submit the request described in Subsection (10)(a) to the
election officer before 5 p.m. no later than 60 days before an election if the individual does not
wish to receive a ballot by mail in that election.
(c) An election officer who receives a request from an individual under Subsection
(10)(a):
(i) shall remove the individual's name from the list of voters who will receive a ballot
by mail; and
(ii) may not send the individual a ballot by mail for:
(A) the next election, if the individual submits the request described in Subsection
(10)(a) before the deadline described in Subsection (10)(b); or
(B) an election after the election described in Subsection (10)(c)(ii)(A).
(d) An individual who submits a request under Subsection (10)(a) may resume the
individual's receipt of a ballot by mail by submitting a written request to the election officer.
Section 4. 
Effective date.
This bill takes effect on May 4, 2022, except that the amendments to Section
20A-3a-202
 take effect on January 1, 2023.