Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 303 Third Substitute (2023GS)

Sponsor

Rep. Thurston, N.  (Thurston’s own bill)

Final action

Governor Signed 3/20/2023

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that certain non-identifying information from a withheld voter registration record be provided to political parties and candidates, to be used for a political purpose;
• in relation to the provision of information described in the preceding paragraph:
• provides for a plan to provide notice to affected voters; and
• provides penalties for obtaining, providing, or using the information in a manner that is prohibited by law;
• modifies the form used to request additional privacy protection to be consistent with the changes made in this bill;
• addresses the disclosure of certain information relating to a voter whose ballot is rejected; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

ELECTIONS RECORD AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Norman K Thurston
Senate Sponsor: 
Jacob L. Anderegg
LONG TITLE
General Description:
This bill amends provisions relating to elections records.
Highlighted Provisions:
This bill:
▸ provides that certain non-identifying information from a withheld voter registration
record be provided to political parties and candidates, to be used for a political
purpose;
▸ in relation to the provision of information described in the preceding paragraph:
• provides for a plan to provide notice to affected voters; and
• provides penalties for obtaining, providing, or using the information in a manner
that is prohibited by law;
▸ modifies the form used to request additional privacy protection to be consistent with
the changes made in this bill;
▸ addresses the disclosure of certain information relating to a voter whose ballot is
rejected; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-104
, as last amended by Laws of Utah 2021, Chapter 100
20A-2-108
, as last amended by Laws of Utah 2021, Chapter 100
20A-2-306
, as last amended by Laws of Utah 2022, Chapter 121
20A-3a-401
, as last amended by Laws of Utah 2022, Chapter 392
20A-6-105
, 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-2-104
 is amended to read:
20A-2-104.
Voter registration form -- Registered voter lists -- Fees for copies.
(1) [
(a)
] As used in this section:
[
(i)
] 
(a)
 "Candidate for public office" means an individual:
[
(A)
] 
(i)
 who files a declaration of candidacy for a public office;
[
(B)
] 
(ii)
 who files a notice of intent to gather signatures under Section 
20A-9-408
; or
[
(C)
] 
(iii)
 employed by, under contract with, or a volunteer of, an individual described
in Subsection [
(1)(a)(i)(A) or (B)
] 
(1)(a)(i) or (ii)
 for political campaign purposes.
[
(ii)
] 
(b)
 "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)
] 
(c)
 "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.
(d) "Hash Code" means a code generated by applying an algorithm to a set of data to
produce a code that:
(i) uniquely represents the set of data;
(ii) is always the same if the same algorithm is applied to the same set of data; and
(iii) cannot be reversed to reveal the data applied to the algorithm.
(e) "Protected individual" means an individual:
(i) who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if 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;
(ii) who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates on the form
and provides verification that the individual, or an individual who resides with the individual,
is a law enforcement officer, a member of the armed forces as defined in Section 
20A-1-513
, a
public figure, or protected by a protective order or protection order; or
(iii) whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
[
(b)
] 
(2) (a)
 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) _________________________
Email Address (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)___________________
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
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
] 
identifying
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
] 
identifying
 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
] 
identifying
 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 _____________________
------------------------------------------------------------------------------------------------------------------
[
(c)
] 
(b)
 [
Beginning May 1, 2022, the
] 
The
 voter registration form described in
Subsection [
(1)(b)
] 
(2)(a)
 shall 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.
------------------------------------------------------------------------------------------------------------------
[
(2)
] 
(c)
 [
(a)
] 
(i)
 Except as provided under Subsection [
(2)(b)
] 
(2)(c)(ii)
, 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)
] 
(ii)
 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;
(vi) a candidate for public office, or an employee, independent contractor, or volunteer
of a candidate for public office; [
or
]
(vii) a person 
described in Subsections (4)(a)(i) through (vi)
[
, or an agent, employee, or
independent contractor of the person,
] who
, after obtaining a year of birth from the list of
registered voters
:
(A) provides the 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
] 
described in Subsections (4)(a)(i)
through (vii)
;
(B) verifies that [
a
] 
the
 person[
,
] described in Subsection (4)(a)(vii)(A)[
, to whom a
year of birth that is obtained from the list of registered voters is provided,
] [
is a qualified
person
] 
is a person described in Subsections (4)(a)(i) through (vii)
;
(C) ensures, using industry standard security measures, that the 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
] 
person described in Subsections (4)(a)(i) through (vii)
;
(D) verifies that each [
qualified person, other than a qualified person described in
Subsection (4)(a)(i), (v), or (vi),
] 
person described in Subsections (4)(a)(ii) through (iv)
 to
whom the person provides the year of birth [
of a registered voter that is obtained from the list
of registered voters,
] will only use the 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 year of birth [
of a registered voter that is obtained from the list of
registered voters,
] will only use the 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 year of birth [
of a registered voter that is obtained from the list
of registered voters,
] will only use the year of birth for a political purpose of the political party
or candidate for public office[
.
]
; or
(viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
information under Subsection (4)(n) and (o):
(A) provides the information only to another person described in Subsection (4)(a)(v)
or (vi);
(B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a person
described in Subsection (4)(a)(v) or (vi);
(C) ensures, using industry standard security measures, that the information may not be
accessed by a person other than a person described in Subsection (4)(a)(v) or (vi); and
(D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
person provides the information will only use the information 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 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 years
of birth;
(D) a list of the purposes for which the qualified person may use the year of birth of a
registered voter that is obtained from the list of registered voters;
(E) a statement that the 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 year of birth of a registered voter from the
list of registered voters under false pretenses, or provides or uses the 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 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
:
(i)
 may not disclose the year of birth of a registered voter to a person that the lieutenant
governor or county clerk reasonably believes:
[
(i)
] 
(A)
 is not a qualified person or a person described in Subsection (4)(l); or
[
(ii)
] 
(B)
 will provide or use the year of birth in a manner prohibited by law[
.
]
; and
(ii) may not disclose information under Subsections (4)(n) or (o) to a person that the
lieutenant governor or county clerk reasonably believes:
(A) is not a person described in Subsection (4)(a)(v) or (vi); or
(B) will provide or use the information 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)(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)
 [
(e)
] 
(i)
 [
When
] 
Except as provided in Subsection (4)(e)(ii), 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.
(ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
voter registration record of a protected individual, the lieutenant governor or county clerk shall
comply with Subsections (4)(n) through (p).
(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.
(g) A person is guilty of a class A misdemeanor if the person:
(i) obtains [
the year of birth of a registered voter
] from the list of registered voters
,
under false pretenses
, the year of birth of a registered voter or information described in
Subsection (4)(n) or (o)
;
(ii) uses or provides the year of birth of a registered voter
, or information described in
Subsection (4)(n) or (o),
 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).
(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;
(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
] 
Except as provided in Subsections (4)(d)(ii) and (e)(ii), 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).
(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 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:
(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.
(k) A qualified person may not obtain, provide, or use the year of birth of a registered
voter, if the 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
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 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 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)(vii) and obtains, provides, or
uses the year of birth to provide the 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.
(l) The lieutenant governor or a county clerk may provide a 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.
(n) Notwithstanding 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 described
in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose record is withheld
under Subsection (7), the information described in Subsection (4)(o), if:
(i) the lieutenant governor or a county clerk verifies the identity of the person and that
the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
(ii) the qualified person described in Subsection (4)(a)(v) or (vi) 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
information;
(D) a list of the purposes for which the qualified person may use the information;
(E) a statement that the information may not be provided or used for a purpose other
than a purpose described under Subsection (4)(n)(ii)(D);
(F) a statement that if the person obtains the information under false pretenses, or
provides or uses the information in a manner that is prohibited by law, the person 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 information
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
.
(o) Except as provided in Subsection (4)(p), the information that the lieutenant
governor or a county clerk is required to provide, under Subsection (4)(n), from the record of a
protected individual is:
(i) a single hash code, generated from a string of data that includes both the voter's
voter identification number and residential address;
(ii) the voter's residential address;
(iii) the voter's mailing address, if different from the voter's residential address;
(iv) the party affiliation of the voter;
(v) the precinct number for the voter's residential address;
(vi) the voter's voting history; and
(vii) a designation of which age group, of the following age groups, the voter falls
within:
(A) 25 or younger;
(B) 26 through 35;
(C) 36 through 45;
(D) 46 through 55;
(E) 56 through 65;
(F) 66 through 75; or
(G) 76 or older.
(p) The lieutenant governor or a county clerk may not disclose:
(i) information described in Subsection (4)(o) that, due to a small number of voters
affiliated with a particular political party, or due to another reason, would likely reveal the
identity of a voter if disclosed; or
(ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
county clerk determines that the nature of the address would directly reveal sensitive
information about the voter.
(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain,
provide, or use the information described in Subsection (4)(n) or (o), except to the extent that
the qualified person uses the information for a political purpose of a political party or candidate
for public office.
(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 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 protected 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)
] 
(1)(e)(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)
]
(1)(e)(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.
(10) (a) The lieutenant governor shall make and execute a plan to provide notice to
registered voters who are protected individuals, that includes the following information:
(i) that the voter's classification of the record as private remains in effect;
(ii) that certain non-identifying information from the voter's voter registration record
may, under certain circumstances, be released to political parties and candidates for public
office;
(iii) that the voter's name, driver license or identification card number, social security
number, email address, phone number, and the voter's day, month, and year of birth will remain
private and will not be released to political parties or candidates for public office;
(iv) that a county clerk will only release the information to political parties and
candidates in a manner that does not associate the information with a particular voter; and
(v) that a county clerk may, under certain circumstances, withhold other information
that the county clerk determines would reveal identifying information about the voter.
(b) The lieutenant governor may include in the notice described in this Subsection (10)
a statement that a voter may obtain additional information on the lieutenant governor's website.
(c) The plan described in Subsection (10)(a) may include providing the notice
described in Subsection (10)(a) by:
(i) publication on the Utah Public Notice Website, created in Section 
63A-16-601
;
(ii) publication on the lieutenant governor's website or a county's website;
(iii) posting the notice in public locations;
(iv) publication in a newspaper;
(v) sending notification to the voters by electronic means;
(vi) sending notice by other methods used by government entities to communicate with
citizens; or
(vii) providing notice by any other method.
(d) The lieutenant governor shall provide the notice included in a plan described in this
Subsection (10) before June 16, 2023.
Section 2. 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 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, 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
] 
identifying
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
] 
identifying
 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
] 
identifying
 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."; and
(c) [
beginning May 1, 2022,
] 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.
------------------------------------------------------------------------------------------------------------------
(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 3. 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
] 
identifying
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
] 
identifying
 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
] 
identifying
 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
] 
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 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 4. 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;
(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.
(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.
(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) If, in response to a request, and in accordance with the requirements of law, an
election officer discloses the name or address of voters whose ballots have been rejected and
not yet resolved, the election officer shall:
(a) make the disclosure within two business days after the day on which the request is
made;
(b) respond to each request in the order the requests were made; and
(c) make each disclosure in a manner, and within a period of time, that does not reflect
favoritism to one requestor over another.
Section 5. 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) ______________________________________________
Email Address (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-3a-506
, wilfully providing false information above is a
class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
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
] 
identifying
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
] 
identifying
 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
] 
identifying
 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;
(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;
and
(d) [
beginning May 1, 2022,
] an insert containing written instructions on how a voter
may sign up to receive ballot status notifications via the ballot tracking system described in
Section 
20A-3a-401.5
.