Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 162 First Substitute (2023GS)

Sponsor

Rep. Gwynn, M.

Final action

Governor Signed 3/13/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• requires an election officer to provide an accessible voting option for a voter with a disability;
• requires the director of elections to make rules regarding identity verification for individuals who are unable to sign their name consistently due to a disability;
• requires that election notices include instructions on how a voter with a disability may obtain information on voting in an accessible manner; and
• makes technical changes.

Every vote on this bill

Bill text

VOTER ACCESSIBILITY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Matthew H. Gwynn
Senate Sponsor: 
Stephanie Pitcher
LONG TITLE
General Description:
This bill makes changes to the Election Code relating to voting accessibility.
Highlighted Provisions:
This bill:
▸ requires an election officer to provide an accessible voting option for a voter with a
disability;
▸ requires the director of elections to make rules regarding identity verification for
individuals who are unable to sign their name consistently due to a disability;
▸ requires that election notices include instructions on how a voter with a disability
may obtain information on voting in an accessible manner; and
▸ makes technical changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a coordination clause.
Utah Code Sections Affected:
AMENDS:
20A-3a-202
, as last amended by Laws of Utah 2022, Chapters 18, 121 and 156
20A-3a-401
, as last amended by Laws of Utah 2022, Chapter 392
20A-5-101
, as last amended by Laws of Utah 2021, First Special Session, Chapter 15
Utah Code Sections Affected by Coordination Clause:
20A-3a-401
, as last amended by Laws of Utah 2022, Chapter 392
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-3a-202
 is amended to read:
20A-3a-202.
Conducting election by mail.
(1) (a) 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.
(b) An individual who did not provide valid voter identification at the time the voter
registered to vote shall provide valid voter identification before voting.
(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 place 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
;
(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[
.
]
;
(d) shall provide a method of accessible voting to a voter with a disability who is not
able to vote by mail; and
(e) shall include, on the election officer's website and with each ballot mailed,
instructions regarding how a voter described in Subsection (2)(d) may vote.
(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;
(b) instruct the voter to include a copy of the voter's valid voter identification with the
return ballot; and
(c) provide instructions to the voter on how the voter may sign up to receive electronic
ballot status notifications via the ballot tracking system described in Section 
20A-3a-401.5
.
(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
] 
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 2. 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)
] 
this section
.
(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) 
(A)
 the signatures correspond; 
or
(B) if the signatures do not correspond and the voter qualifies for application of the
alternative identification verification rules described in Subsection (10), the voter's identity is
verified in accordance with the rules described in Subsection (10);
(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.
(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 the individual's signature in
the voter registration records, the election officer shall contact the individual in accordance
with Subsection (7) by mail, email, text message, or phone, and inform the individual:
(i) that the individual's signature is in question;
(ii) how the individual may resolve the issue; and
(iii) 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).
(b) An affidavit described in Subsection (5)(a)(iii) 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[
.
]
; and
(v) a check box accompanied by language in substantially the following form:
 "I am a voter with a qualifying disability under the Americans with Disabilities Act that
impacts my ability to sign my name consistently. I can provide appropriate documentation upon
request. To discuss accommodations, I can be contacted at __________________".
(c) 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) to the
election officer.
(d) An election officer who receives a signed affidavit under Subsection (5)(c) 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. three days before
the day on which the canvass begins, count the individual's ballot[
.
]
; and
(iii) if the check box described in Subsection (5)(b)(v) is checked, comply with the
rules described in Subsection (10).
(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.
(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) 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; and
(b) the affidavit described in Subsection (8)(a) is received, or the confirmation
described in Subsection (8)(a) occurs, no later than 5 p.m. three days before the day on which
the canvass begins.
(9) 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.
(10) In accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
and in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. Sec.
12131 through 12165, the director of elections, within the Office of the Lieutenant Governor,
shall make rules that provide for alternative means of verifying the identity of an individual
who checks the box described in Subsection (5)(b)(v).
Section 3. Section 
20A-5-101
 is amended to read:
20A-5-101.
Notice of election.
(1) On or before November 15 in the year before each regular general election year, the
lieutenant governor shall prepare and transmit a written notice to each county clerk that:
(a) designates the offices to be filled at the next year's regular general election;
(b) identifies the dates for filing a declaration of candidacy, and for submitting and
certifying nomination petition signatures, as applicable, under Sections 
20A-9-403
, 
20A-9-407
,
and 
20A-9-408
 for those offices; and
(c) contains a description of any ballot propositions to be decided by the voters that
have qualified for the ballot as of that date.
(2) (a) No later than seven business days after the day on which the lieutenant governor
transmits the written notice described in Subsection (1), each county clerk shall provide notice,
in accordance with Subsection (3):
(i) by posting notice in a conspicuous place most likely to give notice of the election to
the voters in each voting precinct within the county;
(ii) (A) by publishing notice in a newspaper of general circulation in the county;
(B) by posting one notice, and at least one additional notice per 2,000 population of the
county, in places within the county that are most likely to give notice of the election to the
voters in the county, subject to a maximum of 10 notices; or
(C) by mailing notice to each registered voter in the county;
(iii) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for seven days before the day of the election; and
(iv) by posting notice on the county's website for seven days before the day of the
election.
(b) The county clerk shall prepare an affidavit of the posting under Subsection (2)(a)(i),
showing a copy of the notice and the places where the notice was posted.
(3) The notice described in Subsection (2) shall:
(a) designate the offices to be voted on in that election; and
(b) identify the dates for filing a declaration of candidacy for those offices.
(4) Except as provided in Subsection (6), before each election, the election officer shall
give printed notice of the following information:
(a) the date of election;
(b) the hours during which the polls will be open;
(c) the polling places for each voting precinct, early voting polling place, and election
day voting center;
(d) the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the election officer
will post on the website any changes to the location of a polling place and the location of any
additional polling place;
(e) a phone number that a voter may call to obtain information regarding the location of
a polling place; [
and
]
(f) the qualifications for persons to vote in the election[
.
]
; and
(g) instructions regarding how an individual with a disability, who is not able to vote a
manual ballot by mail, may obtain information on voting in an accessible manner.
(5) The election officer shall provide the notice described in Subsection (4):
(a) (i) by publishing the notice in a newspaper of general circulation in the jurisdiction
to which the election pertains, at least two days before the day of the election;
(ii) at least two days before the day of the election, by posting one notice, and at least
one additional notice per 2,000 population of the jurisdiction, in places within the jurisdiction
that are most likely to give notice of the election to the voters in the jurisdiction, subject to a
maximum of 10 notices; or
(iii) by mailing the notice to each registered voter who resides in the jurisdiction to
which the election pertains at least five days before the day of the election;
(b) by posting notice on the Utah Public Notice Website, created in Section
63A-16-601
, for two days before the day of the election; and
(c) if the jurisdiction has a website, by posting notice on the jurisdiction's website for
two days before the day of the election.
(6) Instead of including the information described in Subsection (4) in the notice, the
election officer may give printed notice that:
(a) is entitled "Notice of Election";
(b) includes the following: "A [indicate election type] will be held in [indicate the
jurisdiction] on [indicate date of election]. Information relating to the election, including
polling places, polling place hours, and qualifications of voters may be obtained from the
following sources:"; and
(c) specifies the following sources where an individual may view or obtain the
information described in Subsection (4):
(i) if the jurisdiction has a website, the jurisdiction's website;
(ii) the physical address of the jurisdiction offices; and
(iii) a mailing address and telephone number.
Section 4. 
 Coordinating H.B. 162 with H.B. 37 and H.B. 448 -- Substantive and
technical amendments.
If this H.B. 162 and H.B. 448, Election Changes, both pass and become law, and H.B.
37, Voter Signature Verification Amendments, does not pass, it is the intent of the Legislature
that the Office of Legislative Research and General Counsel shall prepare the Utah Code
database for publication, as follows:
(1) the changes to Subsection 
20A-3a-401
(4)(a) in H.B. 448 supersede the changes to
Subsection 
20A-3a-401
(4)(a) in H.B. 162;
(2) the changes to Subsection 
20A-3a-401
(5)(d)(iii) in H.B. 448 supersede the changes
to Subsection 
20A-3a-401
(5)(d)(iii) in H.B. 162; and
(3) enacted Subsection 
20A-3a-401
(10) in H.B. 162 does not take effect.