Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 365 Third Substitute (2023GS)

Sponsor

Rep. Teuscher, J.

Final action

House/ to Governor 3/13/2023

Outcome

House/ to Governor

Summary

What it does

• This bill:
• defines terms;
• amends the deadline by which a voter may change the voter's political party affiliation for an election held in an even-numbered year; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

VOTER AFFILIATION AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jordan D. Teuscher
Senate Sponsor: 
____________
LONG TITLE
General Description:
This bill amends the deadline for a voter to change political party affiliation for an
election held in an even-numbered year.
Highlighted Provisions:
This bill:
▸ defines terms;
▸ amends the deadline by which a voter may change the voter's political party
affiliation for an election held in an even-numbered year; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-2-107
, as last amended by Laws of Utah 2022, Chapter 170
REPEALS AND REENACTS:
20A-2-107.5
, as last amended by Laws of Utah 2021, Chapter 430
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
20A-2-107
 is amended to read:
20A-2-107.
Designating or changing party affiliation -- Times permitted.
(1) As used in this section, "change of affiliation deadline" means:
(a) for an election held in an even-numbered year in which a presidential election will
be held, the day after the declaration of candidacy deadline described in Subsection
20A-9-201.5
(2)(b); or
(b) for an election held in an even-numbered year in which a presidential election will
not be held, April 1.
[
(1)
] 
(2)
 The county clerk shall:
(a) except as provided in Subsection [
(3) or 
20A-2-107.5
(1)(c)
] 
(6) or 
20A-2-107.5
(3)
,
record the party affiliation designated by the voter on the voter registration form as the voter's
party affiliation; or
(b) if no political party affiliation is designated by the voter on the voter registration
form:
(i) except as provided in Subsection [
(1)(b)(ii)
] 
(2)(b)(ii)
, record the voter's party
affiliation as the party that the voter designated the last time that the voter designated a party on
a voter registration form, unless the voter more recently registered as "unaffiliated"; or
(ii) record the voter's party affiliation as "unaffiliated" if the voter:
(A) did not previously designate a party;
(B) most recently designated the voter's party affiliation as "unaffiliated"; or
(C) did not previously register.
[
(2)
] 
(3)
 (a) Any registered voter may designate or change the voter's political party
affiliation by complying with the procedures and requirements of this Subsection [
(2)
] 
(3)
.
(b) A registered voter may designate or change the voter's political party affiliation by
filing 
with the county clerk, the municipal clerk, or the lieutenant governor
 a 
voter registration
form or another
 signed form [
with the county clerk
] that identifies the registered political party
with which the voter chooses to affiliate.
(c) Except as provided in Subsection [
(2)(d)
] 
(3)(d)
, a 
voter registration form or
another
 signed form designating or changing a voter's political party affiliation takes effect
when the county clerk receives the signed form.
(d) The party affiliation of a voter who changes party affiliation, or who becomes
unaffiliated from a political party, at any time on or after the change of affiliation deadline and
on or before the date of the regular primary election, takes effect the day after the statewide
canvass for the regular primary election.
[
(d) In an even-numbered year, a form described in Subsection (2)(c) received by the
county clerk after March 31 takes effect on the day after that year's regular primary election if
the form changes a registered voter's affiliation with one political party to affiliate with another
political party.
]
[
(e) Any part of a form described in Subsection (2)(d), other than the voter's
designation or change of political party affiliation, takes effect when the county clerk receives
the signed form.
]
[
(f)
] 
(4)
 For purposes of Subsection [
(2)
] 
(3)
(d), a [
signed
] form described in
Subsection [
(2)
] 
(3)
(c) is received by the county clerk [
on or before March 31
] 
before the
change of affiliation deadline
 if:
[
(i)
] 
(a)
 the individual submits the form in person at the county clerk's office no later
than 5 p.m. on the [
last business day before April 1
] 
day before the change of affiliation
deadline
;
[
(ii)
] 
(b)
 the individual submits the form electronically through the system described in
Section 
20A-2-206
, at or before 11:59 p.m. [
on March 31
] 
before the day of the change of
affiliation deadline
; or
[
(iii)
] 
(c)
 the individual's form is clearly postmarked [
on or before March 31
] 
before
the change of affiliation deadline
.
[
(g)
] 
(5)
 Subsection [
(2)(d)
] 
(3)(d)
 does not apply to the party affiliation designated by
a voter on [
the
] 
a
 voter registration form if:
[
(i)
] 
(a)
 the voter has not previously been registered to vote in the state; or
[
(ii)
] 
(b)
 the voter's most recent party affiliation was changed to "unaffiliated" by a
county clerk under Subsection [
(3)
] 
(6)
.
[
(3)
] 
(6)
 If the most recent party affiliation designated by a voter is for a political party
that is no longer a registered political party, the county clerk shall:
(a) change the voter's party affiliation to "unaffiliated"; and
(b) notify the voter electronically or by mail:
(i) that the voter's affiliation has been changed to "unaffiliated" because the most recent
party affiliation designated by the voter is for a political party that is no longer a registered
political party; and
(ii) of the methods and deadlines for changing the voter's party affiliation.
Section 2. Section 
20A-2-107.5
 is repealed and reenacted to read:
20A-2-107.5.
Designating or changing party affiliation -- Regular primary
election and presidential primary election.
(1) As used in this section, "change of affiliation deadline" means the same as that term
is defined in Subsection 
20A-2-107
(1).
(2) Except as provided in Subsection (3), a registered voter who is classified as
"unaffiliated" may, at a regular primary election or a presidential primary election:
(a) affiliate with a political party by completing a change of party affiliation form or
voter registration form and submitting the form to the county clerk or a poll worker; and
(b) vote in that party's primary election.
(3) The party affiliation of a voter who changes party affiliation, or who becomes
unaffiliated from a political party, at any time on or after the change of affiliation deadline and
on or before the date of the regular primary election, takes effect the day after the statewide
canvass for the regular primary election.