Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 188 Second Substitute (2022GS)

Sponsor

Rep. Eliason, S.

Final action

House/ filed 3/4/2022

Outcome

Failed / filed without passage

Summary

What it does

• This bill:
• provides guidance for determining when a signature submitted with a ballot corresponds to a signature in a voter registration record;
• establishes requirements for contacting a voter when the voter's ballot is rejected;
• establishes record-keeping and reporting requirements in relation to rejected ballots;
• grants rulemaking authority to establish criteria, processes, and training in relation to signature comparison;
• makes it unlawful for an election officer to willfully neglect, or act corruptly in discharging, the election officer's duty; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VOTER SIGNATURE VERIFICATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Steve Eliason
Senate Sponsor: 
Wayne A. Harper
LONG TITLE
General Description:
This bill addresses voter signature verification and related issues.
Highlighted Provisions:
This bill:
▸ provides guidance for determining when a signature submitted with a ballot
corresponds to a signature in a voter registration record;
▸ establishes requirements for contacting a voter when the voter's ballot is rejected;
▸ establishes record-keeping and reporting requirements in relation to rejected ballots;
▸ grants rulemaking authority to establish criteria, processes, and training in relation
to signature comparison;
▸ makes it unlawful for an election officer to willfully neglect, or act corruptly in
discharging, the election officer's duty; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-3a-401
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-5-410
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-5-701
, as last amended by Laws of Utah 2013, Chapter 253
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-3a-401
 is amended to read:
20A-3a-401.
Custody of voted ballots mailed or deposited in a ballot drop box --
Disposition -- Notice.
(1) This section governs ballots returned by mail or via a ballot drop box.
(2) (a) Poll workers shall open return envelopes containing manual ballots that are in
the custody of the poll workers in accordance with Subsection (2)(b).
(b) The poll workers shall, first, compare the signature of the voter on the affidavit of
the return envelope to the signature of the voter in the voter registration records.
(3) After complying with Subsection (2), the poll workers shall determine whether:
(a) the signatures correspond;
(b) the affidavit is sufficient;
(c) the voter is registered to vote in the correct precinct;
(d) the voter's right to vote the ballot has been challenged;
(e) the voter has already voted in the election;
(f) the voter is required to provide valid voter identification; and
(g) if the voter is required to provide valid voter identification, whether the voter has
provided valid voter identification.
(4) (a) The poll workers shall take the action described in Subsection (4)(b) if the poll
workers determine that:
(i) the signatures correspond
, in accordance with Subsection (4)(d)
;
(ii) the affidavit is sufficient;
(iii) the voter is registered to vote in the correct precinct;
(iv) the voter's right to vote the ballot has not been challenged;
(v) the voter has not already voted in the election; and
(vi) for a voter required to provide valid voter identification, that the voter has
provided valid voter identification.
(b) If the poll workers make all of the findings described in Subsection (4)(a), the poll
workers shall:
(i) remove the manual ballot from the return envelope in a manner that does not
destroy the affidavit on the return envelope;
(ii) ensure that the ballot does not unfold and is not otherwise examined in connection
with the return envelope; and
(iii) place the ballot with the other ballots to be counted.
(c) If the poll workers do not make all of the findings described in Subsection (4)(a),
the poll workers shall:
(i) disallow the vote;
(ii) without opening the return envelope, mark across the face of the return envelope:
(A) "Rejected as defective"; or
(B) "Rejected as not a registered voter"; and
(iii) place the return envelope, unopened, with the other rejected return envelopes.
(d) A signature corresponds under Subsection (4)(a)(i) if, in accordance with rules
made under Subsection (11), the poll workers determine that the signature on a ballot's
affidavit return envelope is reasonably consistent with the individual's signature in the voter
registration records.
(5) (a) If the poll workers reject an individual's ballot because the poll workers
determine that the signature on the return envelope does not [
match
] 
correspond with
 the
individual's signature in the voter registration records, the election officer shall
:
(i)
 contact the individual in accordance with Subsection [
(7) by mail, email, text
message, or phone, and
] 
(6); and
(ii)
 inform the individual:
[
(i)
] 
(A)
 that the individual's signature is in question;
[
(ii)
] 
(B)
 how the individual may resolve the issue; 
and
[
(iii)
] 
(C)
 that, in order for the ballot to be counted, the individual is required to deliver
to the election officer a correctly completed affidavit, provided by the county clerk, that meets
the requirements described in Subsection [
(5)(b)
] 
(5)(c)
.
(b) The election officer shall ensure that the notice described in Subsection (5)(a)
includes:
(i) when communicating the notice by mail, a printed copy of the affidavit described in
Subsection (5)(c) and a return envelope with pre-paid postage;
(ii) when communicating the notice by email or SMS text message, a link to a copy of
the affidavit described in Subsection (5)(c) that the county clerk's website hosts; or
(iii) when communicating the notice by phone, either during a direct conversation with
the voter or in a voicemail, arrangements for the voter to receive a copy of the affidavit
described in Subsection (5)(c), either in person from the clerk's office, by mail, or electronically
on the clerk's website.
[
(b)
] 
(c)
 An affidavit described in Subsection [
(5)(a)(iii)
] 
(5)(a)(ii)(C)
 shall include:
(i) an attestation that the individual voted the ballot;
(ii) a space for the individual to enter the individual's name, date of birth, and driver
license number or the last four digits of the individual's social security number;
(iii) a space for the individual to sign the affidavit; and
(iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
governor's and county clerk's use of the individual's signature on the affidavit for voter
identification purposes.
[
(c)
] 
(d)
 In order for an individual described in Subsection (5)(a) to have the
individual's ballot counted, the individual shall deliver the affidavit described in Subsection
[
(5)(b)
] 
(5)(c)
 to the election officer.
(e) If the reason that a signature does not correspond under Subsection (5)(a) is due to
an individual's disability, the individual may include related information in the affidavit
described in Subsection (5)(a)(ii)(C).
[
(d)
] 
(f)
 An election officer who receives a signed affidavit under Subsection [
(5)(c)
]
(5)(d)
 shall immediately:
(i) scan the signature on the affidavit electronically and keep the signature on file in the
statewide voter registration database developed under Section 
20A-2-109
; [
and
]
(ii) if the election officer receives the affidavit no later than 5 p.m. the day before the
canvass, count the individual's ballot[
.
]
; and
(iii) if the affidavit discloses that the signature does not correspond due to an
individual's disability, the election officer shall modify policies as appropriate for the
individual in accordance with Title II of the Americans 130 with Disabilities Act of 1990, 42
U.S.C. Secs. 12131-12165.
(6) If the poll workers reject an individual's ballot for any reason, [
other than the reason
described in Subsection (5)(a),
] the election officer shall notify the individual of the rejection
[
in accordance with Subsection (7) by mail, email, text message, or phone and specify the
reason for the rejection.
]
, and the reason for the rejection, by each of the following methods for
which the election officer has contact information in relation to the individual, including
information provided by the individual on the individual's return envelope:
(a) within one business day after the day on which poll workers reject the ballot, by
phone, email, and SMS text message; and
(b) within two business days after the day on which poll workers reject the ballot, by
mail.
[
(7) An election officer who is required to give notice under Subsection (5) or (6) shall
give the notice no later than:
]
[
(a) if the election officer rejects the ballot before election day:
]
[
(i) one business day after the day on which the election officer rejects the ballot, if the
election officer gives the notice by email or text message; or
]
[
(ii) two business days after the day on which the election officer rejects the ballot, if
the election officer gives the notice by postal mail or phone;
]
[
(b) seven days after election day if the election officer rejects the ballot on election
day; or
]
[
(c) seven days after the canvass if the election officer rejects the ballot after election
day and before the end of the canvass.
]
[
(8)
] 
(7)
 An election officer may not count the ballot of an individual whom the
election officer contacts under Subsection (5) or (6) unless
:
(a)
 the election officer receives a signed affidavit from the individual [
under
Subsection (5)(b) or is otherwise able to establish contact with the individual to confirm the
individual's identity.
] 
under Subsection (5)(a)(ii)(C); or
(b) (i) the election officer or the election officer's employee communicates directly with
the voter;
(ii) the voter provides identifying information to the officer or employee that the officer
or employee verifies using the voter's voter registration file; and
(iii) the election officer maintains written documentation of compliance with
Subsections (7)(b)(i) and (ii).
[
(9)
] 
(8)
 The election officer shall retain and preserve the return envelopes in the
manner provided by law for the retention and preservation of ballots voted at that election.
(9) (a) The election officer shall record the following in the statewide database of
registered voters:
(i) any initial rejection of a ballot under Subsection (4)(c), within one business day
after the day on which the election officer rejects the ballot; and
(ii) any resolution of a rejection of a ballot under Subsection (7), within one business
day after the day on which the ballot rejection is resolved.
(b) An election officer shall include, in the canvass report, a final report of the
disposition of all rejected and resolved ballots, including, for ballots rejected, the following:
(i) the number of ballots rejected because the voter did not sign the voter's ballot;
(ii) the number of ballots rejected because the voter's signatures on the ballot, and in
records on file, do not correspond; and
(iii) the number of ballots rejected for which the voter subsequently submitted an
affidavit described in Subsections (5)(a)(ii)(C) and (5)(e) stating that the reason for a voter's
rejected signature was the voter's disability.
(10) Willful failure to comply with this section constitutes willful neglect of duty under
Section 
20A-5-701
.
(11) 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, to
establish:
(a) criteria and processes for use by poll workers in determining if a signature
corresponds with the signature on file for the voter under Subsection (4)(d); and
(b) training and certification requirements for election officers and employees of
election officers regarding the criteria and processes described in Subsection (11)(a).
Section 2. Section 
20A-5-410
 is amended to read:
20A-5-410.
Election officer to provide voting history information and status.
(1) As used in this section, "voting history record" means the information about the
existence and status of absentee ballot requests required by this section.
(2) (a) Each election officer shall maintain, in the election officer's office, a voting
history record of those voters registered to vote in the election officer's jurisdiction.
(b) Except as it relates to a voter whose voter registration record is classified as private
under Subsection 
63G-2-302
(1)(k), the voting history record is a public record under Title 63G,
Chapter 2, Government Records Access and Management Act.
(3) The election officer shall ensure that the voting history record for each voting
precinct contains:
(a) for voting by mail:
(i) the date that the manual ballot was mailed to the voter; and
(ii) the date that the voted manual ballot was received by the election officer;
(b) for early voting:
(i) the name and address of each individual who participated in early voting; and
(ii) the date the individual voted; and
(c) for voting on election day, the name and address of each individual who voted on
election day.
(4) The election officer shall ensure that the voting history record includes the
information described in Subsection 
20A-3a-401
(9)(b).
[
(4)
] 
(5)
 (a) Notwithstanding the time limits for response to a request for records under
Section 
63G-2-204
 or the time limits for a request for records established in any ordinance, the
election officer shall ensure that the information required by this section is recorded and made
available to the public no later than one business day after its receipt in the election officer's
office.
(b) Notwithstanding the fee requirements of Section 
63G-2-203
 or the fee requirements
established in any ordinance, the election officer shall make copies of the voting history record
available to the public for the actual cost of production or copying.
Section 3. Section 
20A-5-701
 is amended to read:
20A-5-701.
Willful neglect of duty or corrupt conduct -- Penalty.
(1) It is unlawful for any 
election officer or
 poll worker to willfully neglect the 
election
officer's or
 poll worker's duty or to willfully act corruptly in discharging the 
election officer's or
poll worker's duty.
(2) [
Any
] 
An election officer or
 poll worker who violates this section is guilty of a
third degree felony.