Rep. Norm Thurston — Voting Record

Utah House District 62 · complete roll-call record from le.utah.gov
← All votes

Bill

Revisions to Election Law
Number
H.B. 445 (2025GS)
Sponsor
Rep. Fiefia, Doug
Final action
House/ filed 3/7/2025
Outcome
Failed / filed without passage

Summary

This bill amends provisions relating to elections.

What it does

  • This bill:
  • defines terms;
  • changes the voter registration deadline to 21 days before the day of an election for all methods of voter registration;
  • establishes a deadline for a voter:
  • who will not otherwise receive a ballot by mail in the upcoming election to request to receive a ballot by mail; or
  • who will receive a ballot by mail in the upcoming election to change the address to which the ballot will be mailed;
  • modifies provisions relating to information an election officer is required to report in relation to ballot processing;
  • provides deadlines for tabulating ballots and publishing tabulation results;
  • requires an election officer to post unofficial election results on the Monday after the day of the election;
  • requires a ballot drop box to remain open until the polls close on election day;
  • requires the lieutenant governor to award a contract, via a request for proposals, to designate a voting system, including equipment and software, that will be used throughout the state;
  • requires that, as election officers replace voting equipment and software, the election officers replace the voting equipment and software with voting equipment and software that is part of the election system designated under the preceding paragraph; and
  • makes technical and conforming changes.

Every vote on this bill

2/20/2025House Comm - Substitute Recommendation
House Government Operations Committee
12-0-1not eligible / no record
2/20/2025House Comm - Favorable Recommendation
House Government Operations Committee
8-5-0not eligible / no record
2/26/2025House/ substituted
House 3rd Reading Calendar for House bills
0-0-75not eligible / no record
2/26/2025House/ passed 3rd reading
Senate Secretary
57-14-4YEA
3/4/2025Senate Comm - Held
Senate Government Operations and Political Subdivisions Committee
6-1-0not eligible / no record

Bill text

introduced version · official source
107
20A-1-603
20A-2-101.1
20A-2-102
20A-2-102.5
20A-2-201
20A-2-202
20A-2-204
20A-2-205
20A-2-206
20A-2-207
20A-2-301
20A-2-307
20A-2-506
20A-3a-203
20A-3a-204
20A-3a-205
20A-3a-401
20A-3a-405
20A-3a-601
20A-3a-807
20A-4-104
20A-4-104.5
20A-4-107
20A-4-109
20A-5-403.5
20A-5-801
20A-5-802
20A-5-803
20A-5-302
20A-6-105
67-1a-2
Revisions to Election Law
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Doug Fiefia
Senate Sponsor: 
LONG TITLE
General Description:
This bill amends provisions relating to elections.
Highlighted Provisions:
This bill:
defines terms;
changes the voter registration deadline to 29 days before the day of an election for all 
methods of voter registration;
repeals voter registration by provisional ballot and modifies the provisional ballot form 
consistent with that repeal;
provides that, except for a military or overseas ballot, a ballot must be received before the 
polls close on election day to be valid;
provides that a voter who is required to cast a provisional ballot, because the voter was 
unable to provide valid voter identification, must provide the identification no later than 
5 p.m. on the Monday following the day of the election;
provides that a ballot that is rejected because a signature cannot be verified must be cured 
no later than 5 p.m. on the Monday following the election;
removes mail as a method of notifying a voter that the voter's ballot was rejected;
modifies provisions relating to information an election officer is required to report in 
relation to ballot processing;
provides deadlines for tabulating ballots and publishing tabulation results;
requires an election officer to post unofficial election results on the Monday after the day 
of the election;
requires a ballot drop box to remain open until the polls close on election day;
requires the lieutenant governor to award a contract, via a request for proposals, to 
designate a voting system, including equipment and software, that will be used 
throughout the state;
requires that, as election officers replace voting equipment and software, the election 
officers replace the voting equipment and software with voting equipment and software 
that is part of the election system designated under the preceding paragraph; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-1-603
, as last amended by Laws of Utah 2023, Chapter 175
20A-2-101.1
, as last amended by Laws of Utah 2018, Chapter 223
20A-2-102
, as last amended by Laws of Utah 2014, Chapter 231
20A-2-102.5
, as last amended by Laws of Utah 2023, Chapter 45
20A-2-201
, as last amended by Laws of Utah 2020, Chapters 31, 95 and last amended by 
Coordination Clause, Laws of Utah 2020, Chapter 95
20A-2-202
, as last amended by Laws of Utah 2020, Chapter 31
20A-2-204
, as last amended by Laws of Utah 2023, Chapter 237
20A-2-205
, as last amended by Laws of Utah 2020, Chapter 31 and last amended by 
Coordination Clause, Laws of Utah 2020, Chapter 95
20A-2-206
, as last amended by Laws of Utah 2023, Chapter 297
20A-2-301
, as last amended by Laws of Utah 2020, Chapter 31
20A-2-307
, as last amended by Laws of Utah 2020, Chapters 22, 31
20A-2-506
, as renumbered and amended by Laws of Utah 2023, Chapter 297
20A-3a-203
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-3a-204
, as last amended by Laws of Utah 2022, Chapter 156
20A-3a-205
, as renumbered and amended by Laws of Utah 2020, Chapter 31
20A-3a-401
, as last amended by Laws of Utah 2024, Chapter 477
20A-3a-405
, as last amended by Laws of Utah 2023, Chapter 297
20A-3a-601
, as last amended by Laws of Utah 2020, Chapter 95 and renumbered and 
amended by Laws of Utah 2020, Chapter 31
20A-3a-807
, as enacted by Laws of Utah 2022, Chapter 380
20A-4-104
, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
20A-4-107
, as last amended by Laws of Utah 2020, Chapter 31
20A-4-109
, as last amended by Laws of Utah 2024, Chapter 465
20A-5-403.5
, as last amended by Laws of Utah 2023, Chapters 45, 297 and 435
20A-5-802
, as last amended by Laws of Utah 2019, Chapter 305
20A-5-803
, as renumbered and amended by Laws of Utah 2017, Chapter 32
20A-6-105
, as last amended by Laws of Utah 2023, Chapter 406
67-1a-2
, as last amended by Laws of Utah 2024, Chapter 438
ENACTS:
20A-4-104.5
, Utah Code Annotated 1953
REPEALS AND REENACTS:
20A-5-801
, as last amended by Laws of Utah 2020, Chapter 31
RENUMBERS AND AMENDS:
20A-5-804
, (Renumbered from 20A-5-302, as last amended by Laws of Utah 2023, 
Chapter 15)
REPEALS:
20A-2-207
, as last amended by Laws of Utah 2022, Chapter 18
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
20A-1-603
 is amended to read:
20A-1-603. Fraud, interference, disturbance -- Tampering with ballots or 
records -- Penalties.
(1)
(a)
An individual may not fraudulently vote on the individual's behalf or on behalf of 
another, by:
(i)
voting more than once at any one election, regardless of whether one of the 
elections is in a state or territory of the United States outside of Utah;
(ii)
knowingly handing in two or more ballots folded together;
(iii)
changing any ballot after the ballot is cast or deposited in the ballot box, or ballot 
drop box, or mailed;
(iv)
adding or attempting to add any ballot or vote to those legally polled at any 
election by fraudulently introducing the ballot or vote into the ballot box or vote 
tally, either before or after the ballots have been counted;
(v)
adding to or mixing or attempting to add or mix, other ballots with the ballots 
lawfully polled while those ballots are being counted or canvassed, or at any other 
time; or
(vi)
voting in a voting district or precinct when the individual knew or should have 
known that the individual was not eligible for voter registration in that district or 
precinct, unless the individual is legally entitled to vote the ballot under Section 
20A-4-107
 or another provision of this title.
(b)
A person may not fraudulently interfere with an election by:
(i)
willfully tampering with, detaining, mutilating, or destroying any election returns;
(ii)
in any manner, interfering with the officers holding an election or conducting a 
canvass, or with the voters lawfully exercising their rights of voting at an election, 
so as to prevent the election or canvass from being fairly held or lawfully 
conducted;
(iii)
engaging in riotous conduct at any election, or interfering in any manner with 
any election official in the discharge of the election official's duties;
(iv)
inducing any election officer, or officer whose duty it is to ascertain, announce, 
or declare the result of any election or to give or make any certificate, document, 
or evidence in relation to any election, to violate or refuse to comply with the 
election officer's duty or any law regulating the election officer's duty;
(v)
taking, carrying away, concealing, removing, or destroying any ballot, pollbook, 
or other thing from a polling place, or from the possession of the person 
authorized by law to have the custody of that thing;
(vi)
taking, carrying away, concealing, removing, or destroying a ballot drop box or 
the contents of a ballot drop box; or
(vii)
aiding, counseling, providing, procuring, advising, or assisting any person to do 
any of the acts described in this section.
(2)
In addition to the penalties established in Subsections 
20A-1-609(2)
 and 
(3)
:
(a)
a person who commits an offense under Subsection 
(1)(b)(vi)
, or who aids, counsels, 
provides, procures, advises, or assists a person to commit an offense under 
Subsection 
(1)(b)(vi)
, is guilty of a third degree felony; and
(b)
a person who commits an offense under Subsection 
(1)
, other than an offense 
described in Subsection 
(2)(a)
, is guilty of a class A misdemeanor.
(3)
The lieutenant governor shall take, and store for at least 22 months, a static copy of the 
official register made at the following times:
(a)
the voter registration deadline described in Subsection 
20A-2-102.5(2)(a)
20A-2-102.5(2)
;
(b)
the day of the election; and
(c)
the last day of the canvass.
Section 2, Section 
20A-2-101.1
 is amended to read:
20A-2-101.1. Preregistering to vote.
(1)
An individual may preregister to vote if the individual:
(a)
is 16 or 17 years 
of age
old
;
(b)
is not eligible to register to vote because the individual does not comply with the age 
requirements described in Subsection 
20A-2-101(1)(c)
;
(c)
is a citizen of the United States;
(d)
has been a resident of Utah for at least 30 days; and
(e)
currently resides within the voting district or precinct in which the individual 
preregisters to vote.
(2)
An individual described in Subsection 
(1)
 may not vote in an election and is not 
registered to vote until:
(a)
the individual is otherwise eligible to register to vote because the individual complies 
with the age requirements described in Subsection 
20A-2-101(1)(c)
; and
(b)
the county clerk registers the individual to vote under Subsection 
(4)
.
(3)
An individual who preregisters to vote shall:
(a)
complete a voter registration form, including an indication that the individual is 
preregistering to vote; and
(b)
submit the voter registration form to a county clerk in person, by mail, or in any 
other manner authorized by this chapter for the submission of a voter registration 
form.
(4)
(a)
A county clerk shall:
(i)
retain the voter registration form of an individual who meets the qualifications for 
preregistration and who submits a completed voter registration form to the county 
clerk under Subsection 
(3)(b)
;
(ii)
register the individual to vote in the next election in which the individual will be 
eligible to vote, before the voter registration deadline established in Section 
20A-2-102.5
 for that election; and
(iii)
send a notice to the individual that:
(A)
informs the individual that the individual's voter registration form has been 
accepted as an application for preregistration;
(B)
informs the individual that the individual will be registered to vote in the next 
election in which the individual will be eligible to vote; and
(C)
indicates in which election the individual will be registered to vote.
(b)
An individual who the county clerk registers under Subsection 
(4)(a)(ii)
 is 
considered to have applied for voter registration on the earlier of:
(i)
the day of the voter registration deadline immediately preceding the election day 
on which the individual will be at least 18 years 
of age
old
; or
(ii)
the day on which the individual turns 18 years 
of age
old
.
(c)
A county clerk shall refer a voter registration form to the county attorney for 
investigation and possible prosecution if the clerk or the clerk's designee believes the 
individual is attempting to preregister to vote in an election in which the individual 
will not be legally entitled to vote.
(5)
(a)
The lieutenant governor or a county clerk shall classify the voter registration 
record of an individual who preregisters to vote as a private record until the day on 
which the individual turns 18 years 
of age
old
.
(b)
On
Except to the extent otherwise provided under Subsection 
63G-2-301(2)(l)
, on
the day on which the individual described in Subsection 
(5)(a)
 turns 18 years 
of age
old
, the lieutenant governor or county clerk shall classify the individual's voter 
registration record as a public record
 in accordance with Subsection 
63G-2-301(2)(l)
.
(6)
If an individual who is at least 18 years of age erroneously indicates on the voter 
registration form that the individual is preregistering to vote, the county clerk shall 
consider the form as a voter registration form and shall process the form in accordance 
with this chapter.
Section 3, Section 
20A-2-102
 is amended to read:
20A-2-102. Registration a prerequisite to voting.
(1)
Except as provided in Subsection 
(2)
, a person
An individual
 may not vote at 
any
an
election unless 
that person
the individual
 is registered to vote as required by this 
chapter.
(2)
A person may vote a provisional ballot for an election as provided in Section 
20A-2-307
.
Section 4, Section 
20A-2-102.5
 is amended to read:
20A-2-102.5. Voter registration deadline.
(1)
Except as otherwise provided in 
Chapter 16, Uniform Military and Overseas Voters Act
, 
an individual who fails to timely submit a correctly completed voter registration form 
may not vote in the election.
(2)
The voter registration deadline is 
as follows:
29 calendar days before the day of an 
election.
(b)
before the polls close on the last day of early voting, described in Section 
20A-3a-601
, if the individual registers by casting a provisional ballot at an early 
voting location in accordance with Section 
20A-2-207
; or
(c)
before polls close on the date of the election, if the individual registers to vote on the 
date of the election by casting a provisional ballot, in accordance with Section 
20A-2-207
.
(a)
(3)
the
A
 voter registration must be received by the county clerk, the municipal clerk, 
or the lieutenant governor no later than 5 p.m. 
11
29
 calendar days before the date of 
the election, if the individual registers to vote:
(i)
(a)
at the office of the county clerk, in accordance with Section 
20A-2-201
;
(ii)
(b)
by mail, in accordance with Section 
20A-2-202
;
(iii)
(c)
via an application for a driver license, in accordance with Section 
20A-2-204
;
(iv)
(d)
via a public assistance agency or a discretionary voter registration agency, in 
accordance with Section 
20A-2-205
; or
(v)
(e)
via electronic registration, in accordance with Section 
20A-2-206
;
.
Section 5, Section 
20A-2-201
 is amended to read:
20A-2-201. Registering to vote at office of county clerk.
(1)
Except as provided in Subsection 
(3)
, the county clerk shall register to vote each 
individual who registers in person at the county clerk's office during designated office 
hours if the individual will, on the date of the election, be legally eligible to vote in a 
voting precinct in the county in accordance with Section 
20A-2-101
.
(2)
If an individual who is registering to vote submits a registration form in person at the 
office of the county clerk no later than 5 p.m. 
11
on the last business day that is no less 
than 29
 calendar days before the date of the election, the county clerk shall:
(a)
accept and process the voter registration form;
(b)
unless the individual named in the form is preregistering to vote:
(i)
enter the individual's name on the list of registered voters for the voting precinct in 
which the individual resides; and
(ii)
notify the individual that the individual is registered to vote in the upcoming 
election; and
(c)
if the individual named in the form is preregistering to vote, comply with Section 
20A-2-101.1
.
(3)
If an individual who is registering to vote and who will be legally qualified and entitled 
to vote in a voting precinct in the county on the date of an election appears in person, 
during designated office hours, and submits a registration form after the deadline 
described in Subsection 
(2)
, the county clerk shall
 accept the registration form and
, 
except as provided in Subsection 
20A-2-207(6)
,
 inform the individual that the 
individual will not be registered to vote in the pending election, 
unless the individual 
registers to vote by provisional ballot during the early voting period, if applicable, or on 
election day, in accordance with Section 
20A-2-207
because the individual registered to 
vote too late
.
Section 6, Section 
20A-2-202
 is amended to read:
20A-2-202. Registration by mail.
(1)
(a)
An individual who will be qualified to vote at the next election may register by 
mail.
(b)
To register by mail, an individual shall complete and sign the registration form and 
mail or deliver the form to the county clerk of the county in which the citizen resides.
(c)
In order to register to vote in a particular election, the citizen shall:
(i)
address the voter registration form to the county clerk; and
(ii)
ensure that the voter registration form is received by the county clerk no later than 
5 p.m. 11
29
 calendar days before the date of the election.
(d)
The citizen has effectively registered to vote under this section only when the county 
clerk's office has received a correctly completed voter registration form.
(2)
Upon receipt of a timely, correctly completed voter registration form, the county clerk 
shall:
(a)
accept and process the voter registration form;
(b)
unless the individual named in the form is preregistering to vote:
(i)
enter the applicant's name on the list of registered voters for the voting precinct in 
which the applicant resides; and
(ii)
notify the individual that the individual is registered to vote in the upcoming 
election; and
(c)
if the individual named in the form is preregistering to vote, comply with Section 
20A-2-101.1
.
(3)
If the county clerk receives a correctly completed voter registration form after the 
deadline described in Subsection 
(1)(c)
, the county clerk shall, unless the individual is 
preregistering to vote:
(a)
accept the application for registration; and
(b)
if possible, promptly mail a notice to, or otherwise notify, the individual before the 
election, informing the individual that the individual will not be registered to vote in 
the pending election, 
unless the individual registers to vote by provisional ballot 
during the early voting period, if applicable, or on election day, in accordance with 
Section 
20A-2-207
because the individual registered too late
.
(4)
If the county clerk determines that a registration form received by mail or otherwise is 
incorrect because of an error or because the registration form is incomplete, the county 
clerk shall mail notice to the individual attempting to register or preregister, stating that 
the individual has not been registered or preregistered because of an error or because the 
registration form is incomplete.
Section 7, Section 
20A-2-204
 is amended to read:
20A-2-204. Registering to vote when applying for or renewing a driver license.
(1)
As used in this section, "voter registration form" means, when an individual named on a 
qualifying form, as defined in Section 
20A-2-108
, answers "yes" to the question 
described in Subsection 
20A-2-108(2)(a)
, the information on the qualifying form that 
can be used for voter registration purposes.
(2)
(a)
Except as provided in Subsection 
(2)(b)
, a citizen who is qualified to vote may 
register to vote, and a citizen who is qualified to preregister to vote may preregister to 
vote, by answering "yes" to the question described in Subsection 
20A-2-108(2)(a)
and completing the voter registration form.
(b)
A citizen who is a program participant in the Safe at Home Program created in 
Section 
77-38-602
 is not eligible to register to vote as described in Subsection 
(2)(a)
, 
but is eligible to register to vote by any other means described in this part.
(3)
The Driver License Division shall:
(a)
assist an individual in completing the voter registration form unless the individual 
refuses assistance;
(b)
electronically transmit each address change to the lieutenant governor within five 
days after the day on which the division receives the address change; and
(c)
within five days after the day on which the division receives a voter registration 
form, electronically transmit the form to the Office of the Lieutenant Governor, 
including the following for the individual named on the form:
(i)
the name, date of birth, driver license or state identification card number, last four 
digits of the social security number, Utah residential address, place of birth, and 
signature;
(ii)
a mailing address, if different from the individual's Utah residential address;
(iii)
an email address and phone number, if available;
(iv)
the desired political affiliation, if indicated;
(v)
an indication of whether the individual requested that the individual's voter 
registration record be classified as a private record under Subsection 
20A-2-108(2)(b)
; and
(vi)
a withholding request form described in Subsections 
20A-2-104(7)
 and 
(8)
 and 
any verification submitted with the form.
(4)
Upon receipt of an individual's voter registration form from the Driver License Division 
under Subsection 
(3)
, the lieutenant governor shall:
(a)
enter the information into the statewide voter registration database; and
(b)
if the individual requests on the individual's voter registration form that the 
individual's voter registration record be classified as a private record or the individual 
submits a withholding request form described in Subsections 
20A-2-104(7)
 and 
(8)
and any required verification, classify the individual's voter registration record as a 
private record.
(5)
The county clerk of an individual whose information is entered into the statewide voter 
registration database under Subsection 
(4)
 shall:
(a)
ensure that the individual meets the qualifications to be registered or preregistered to 
vote; and
(b)
(i)
if the individual meets the qualifications to be registered to vote:
(A)
ensure that the individual is assigned to the proper voting precinct; and
(B)
send the individual the notice described in Section 
20A-2-304
; or
(ii)
if the individual meets the qualifications to be preregistered to vote, process the 
form in accordance with the requirements of Section 
20A-2-101.1
.
(6)
(a)
When the county clerk receives a correctly completed voter registration form 
under this section, the clerk shall:
(i)
comply with the applicable provisions of this Subsection 
(6)
; or
(ii)
if the individual is preregistering to vote, comply with Section 
20A-2-101.1
.
(b)
If the county clerk receives a correctly completed voter registration form under this 
section no later than 
5 p.m. or, if submitting the form electronically, midnight, 11
29
calendar days before the date of an election, the county clerk shall:
(i)
accept the voter registration form; and
(ii)
unless the individual is preregistering to vote:
(A)
enter the individual's name on the list of registered voters for the voting 
precinct in which the individual resides; and
(B)
notify the individual that the individual is registered to vote in the upcoming 
election; and
(iii)
if the individual named in the form is preregistering to vote, comply with Section 
20A-2-101.1
.
(c)
If the county clerk receives a correctly completed voter registration form under this 
section after the deadline described in Subsection 
(6)(b)
, the county clerk shall
, 
unless the individual named in the form is preregistering to vote
:
(i)
accept the application for registration of the individual;
(ii)
process the voter registration form; and
(iii)
unless the individual is preregistering to vote, 
and except as provided in 
Subsection 
20A-2-207(6)
, 
inform the individual that the individual will not be 
registered to vote in the pending election
, unless the individual registers to vote 
by provisional ballot during the early voting period, if applicable, or on election 
day, in accordance with Section 
20A-2-207
because the individual registered too 
late
.
(7)
(a)
If the county clerk determines that an individual's voter registration form received 
from the Driver License Division is incorrect because of an error, because the form is 
incomplete, or because the individual does not meet the qualifications to be registered 
to vote, the county clerk shall mail notice to the individual stating that the individual 
has not been registered or preregistered because of an error, because the registration 
form is incomplete, or because the individual does not meet the qualifications to be 
registered to vote.
(b)
If a county clerk believes, based upon a review of a voter registration form, that an 
individual, who knows that the individual is not legally entitled to register or 
preregister to vote, may be intentionally seeking to register or preregister to vote, the 
county clerk shall refer the form to the county attorney for investigation and possible 
prosecution.
Section 8, Section 
20A-2-205
 is amended to read:
20A-2-205. Registration at voter registration agencies.
(1)
As used in this section:
(a)
"Discretionary voter registration agency" means the same as that term is defined in 
Section 
20A-2-300.5
.
(b)
"Public assistance agency" means the same as that term is defined in Section 
20A-2-300.5
.
(2)
An individual may obtain and complete a registration form at a public assistance agency 
or discretionary voter registration agency.
(3)
Each public assistance agency and discretionary voter registration agency shall provide, 
either as part of existing forms or on a separate form, the following information in 
substantially the following form:
"REGISTERING TO VOTE
If you are not registered to vote where you live now, would you like to apply to register 
or preregister to vote here today? (The decision of whether to register or preregister to vote 
will not affect the amount of assistance that you will be provided by this agency.) Yes____ 
No____ IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO 
HAVE DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If 
you would like help in filling out the voter registration form, we will help you. The decision 
about whether to seek or accept help is yours. You may fill out the application form in private. 
If you believe that someone has interfered with your right to register or preregister or to 
decline to register or preregister to vote, your right to privacy in deciding whether to register or 
preregister, or in applying to register or preregister to vote, or your right to choose your own 
political party or other political preference, you may file a complaint with the Office of the 
Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number 
of the Office of the Lieutenant Governor)."
(4)
Unless an individual applying for service or assistance from a public assistance agency 
or discretionary voter registration agency declines, in writing, to register or preregister to 
vote, each public assistance agency and discretionary voter registration agency shall:
(a)
distribute a voter registration form with each application for service or assistance 
provided by the agency or office;
(b)
assist applicants in completing the voter registration form unless the applicant 
refuses assistance;
(c)
accept completed forms for transmittal to the appropriate election official; and
(d)
transmit a copy of each voter registration form to the appropriate election official 
within five days after
 the day on which
 the division receives the voter registration 
form.
(5)
An individual in a public assistance agency or a discretionary voter registration agency 
that helps an applicant complete the voter registration form may not:
(a)
seek to influence an applicant's political preference or party registration;
(b)
display any political preference or party allegiance;
(c)
make any statement to an applicant or take any action that has the purpose or effect 
of discouraging the applicant from registering to vote; or
(d)
make any statement to an applicant or take any action that has the purpose or effect 
of leading the applicant to believe that a decision of whether to register or preregister 
has any bearing upon the availability of services or benefits.
(6)
If the county clerk receives a correctly completed voter registration form under this 
section no later than 5 p.m. 
11
on the last business day that is no less than 29
 calendar 
days before the date of an election, the county clerk shall:
(a)
accept and process the voter registration form;
(b)
unless the individual named in the form is preregistering to vote:
(i)
enter the applicant's name on the list of registered voters for the voting precinct in 
which the applicant resides; and
(ii)
notify the applicant that the applicant is registered to vote in the upcoming 
election; and
(c)
if the individual named in the form is preregistering to vote, comply with Section 
20A-2-101.1
.
(7)
If the county clerk receives a correctly completed voter registration form after the 
deadline described in Subsection 
(6)
, the county clerk shall:
(a)
accept the application for registration of the individual; and
(b)
except as provided in Subsection 
20A-2-207(6)
, 
if possible, promptly inform the 
individual that the individual will not be registered to vote in the pending election, 
unless the individual registers to vote by provisional ballot during the early voting 
period, if applicable, or on election day, in accordance with Section 
20A-2-207
because the voter registered too late
.
(8)
If the county clerk determines that a voter registration form received from a public 
assistance agency or discretionary voter registration agency is incorrect because of an 
error or because the voter registration form is incomplete, the county clerk shall mail 
notice to the individual attempting to register or preregister to vote, stating that the 
individual has not been registered or preregistered to vote because of an error or because 
the voter registration form is incomplete.
Section 9, Section 
20A-2-206
 is amended to read:
20A-2-206. Electronic registration.
(1)
The lieutenant governor shall create and maintain an electronic system that is publicly 
available on the Internet for an individual to apply for voter registration or 
preregistration.
(2)
An electronic system for voter registration or preregistration shall require:
(a)
that an applicant have a valid driver license or 
state 
identification card, issued under 
Title 53, Chapter 3, Uniform Driver License Act
, that reflects the applicant's current 
principal place of residence;
(b)
that the applicant provide the information required by Section 
20A-2-104
, except 
that the applicant's signature may be obtained in the manner described in Subsections 
(2)(d)
 and 
(5)
;
(c)
that the applicant attest to the truth of the information provided; and
(d)
that the applicant authorize the lieutenant governor's and county clerk's use of the 
applicant's:
(i)
driver license or identification card signature, obtained under 
Title 53, Chapter 3, 
Uniform Driver License Act
, for voter registration purposes; or
(ii)
signature on file in the lieutenant governor's statewide voter registration database 
developed under Section 
20A-2-502
.
(3)
Notwithstanding Section 
20A-2-104
, an applicant using the electronic system for voter 
registration or preregistration created under this section is not required to complete a 
printed registration form.
(4)
A system created and maintained under this section shall provide the notices concerning 
a voter's presentation of identification contained in Subsection 
20A-2-104(1)
.
(5)
The lieutenant governor shall:
(a)
obtain a digital copy of the applicant's driver license or identification card signature 
from the Driver License Division; or
(b)
ensure that the applicant's signature is already on file in the lieutenant governor's 
statewide voter registration database developed under Section 
20A-2-502
.
(6)
The lieutenant governor shall send the information to the county clerk for the county in 
which the applicant's principal place of residence is found for further action as required 
by Section 
20A-2-304
 after:
(a)
receiving all information from an applicant; and
(b)
(i)
receiving all information from the Driver License Division; or
(ii)
ensuring that the applicant's signature is already on file in the lieutenant 
governor's statewide voter registration database developed under Section 
20A-2-502
.
(7)
The lieutenant governor may use additional security measures to ensure the accuracy 
and integrity of an electronically submitted voter registration.
(8)
If an individual applies to register under this section no later than 
11
29
 calendar days 
before the date of an election, the county clerk shall:
(a)
accept and process the voter registration form;
(b)
unless the individual named in the form is preregistering to vote:
(i)
enter the applicant's name on the list of registered voters for the voting precinct in 
which the applicant resides; and
(ii)
notify the individual that the individual is registered to vote in the upcoming 
election; and
(c)
if the individual named in the form is preregistering to vote, comply with Section 
20A-2-101.1
.
(9)
If an individual applies to register under this section after the deadline described in 
Subsection 
(8)
, the county clerk shall, unless the individual is preregistering to vote:
(a)
accept the application for registration; and
(b)
except as provided in Subsection 
20A-2-207(6)
, 
if possible, promptly inform the 
individual that the individual will not be registered to vote in the pending election, 
unless the individual registers to vote by provisional ballot during the early voting 
period, if applicable, or on election day, in accordance with Section 
20A-2-207
because the individual registered too late
.
(10)
The lieutenant governor shall provide a means by which a registered voter shall sign 
the application form.
Section 10, Section 
20A-2-301
 is amended to read:
20A-2-301. County clerk responsibilities -- Voter registration forms.
(1)
Each county clerk shall provide voter registration forms for use in the voter registration 
process.
(2)
(a)
Each county clerk shall provide a copy of the voter registration form to each 
public assistance agency and discretionary voter registration agency.
(b)
Each county clerk may provide a copy of the voter registration form to public school 
districts and nonpublic schools as provided in Section 
20A-2-302
.
(3)
(a)
The clerk shall make a copy of the voter registration form available to any person 
upon request.
(b)
A person may make multiple copies of the voter registration form at the person's own 
expense.
(c)
A person shall provide all completed voter registration forms in the person's 
possession to the county clerk at or before 5 p.m. on the 
day of the voter registration 
deadline
last business day that is at least 29 days before the election
.
(4)
The county clerk may not refuse to register an individual to vote for failing to provide a 
telephone number on the voter registration form.
(5)
(a)
It is unlawful for any person in possession of a completed voter registration form, 
other than the person's own completed voter registration form, to willfully fail or 
refuse to timely deliver the completed voter registration form to the county clerk.
(b)
A person who violates this Subsection 
(5)
 is guilty of a class B misdemeanor.
Section 11, Section 
20A-2-307
 is amended to read:
20A-2-307. County clerks' instructions to election judges.
(1)
Each county clerk shall instruct election judges to allow a voter to vote a regular ballot 
if:
(a)
the voter has moved from one address within a county to another address within the 
same county; and
(b)
the voter affirms the change of address orally or in writing before the election judges.
(2)
Each county clerk shall instruct election judges to allow an individual to vote a 
provisional ballot if:
(a)
the individual is not registered to vote, but is otherwise legally entitled to vote under 
Section 
20A-2-207
;
(b)
(a)
the voter's name does not appear on the official register; or
(c)
(b)
the voter is challenged as provided in Section 
20A-3a-803
.
Section 12, Section 
20A-2-506
 is amended to read:
20A-2-506. Lieutenant governor and county clerks to preserve records.
(1)
As used in this section:
(a)
"Voter registration record" means a record concerning the implementation of 
programs and activities conducted for the purpose of ensuring that the official 
register is accurate and current.
(b)
"Voter registration record" does not include a record that:
(i)
relates to a person's decision to decline to register to vote; or
(ii)
identifies the particular public assistance agency, discretionary voter registration 
agency, or Driver License Division through which a particular voter registered to 
vote.
(2)
The lieutenant governor and each county clerk shall:
(a)
preserve for at least two years all records relating to voter registration, including:
(i)
the official register; and
(ii)
the name and address of each individual to whom the notice required by Section 
20A-2-505
 was sent and a notation regarding whether the individual responded to 
the notice;
(b)
make a voter registration record available for public inspection, except for a voter 
registration record, or part of a voter registration record that is classified as private 
under Section 
63G-2-302
; and
(c)
allow a record or part of a record described in Subsection 
(2)(b)
 that is not classified 
as a private record to be photocopied for a reasonable cost.
(3)
The lieutenant governor shall take, and store for at least 22 months, a static copy of the 
official register made at the following times:
(a)
the voter registration deadline described in Subsection 
20A-2-102.5(2)(a)
20A-2-102.5(2)
;
(b)
the day of the election; and
(c)
the last day of the canvass.
Section 13, Section 
20A-3a-203
 is amended to read:
20A-3a-203. Voting at a polling place.
(1)
Except as provided in Section 
20A-7-609.5
, a registered voter may vote at a polling 
place in an election in accordance with this section.
(2)
(a)
The voter shall give the voter's name, and, if requested, the voter's residence, to 
one of the poll workers.
(b)
The voter shall present valid voter identification to one of the poll workers.
(c)
If the poll worker is not satisfied that the voter has presented valid voter 
identification, the poll worker shall:
(i)
indicate on the official register that the voter was not properly identified;
(ii)
issue the voter a provisional ballot;
(iii)
notify the voter that the voter will have until 
the close of normal office hours
5 
p.m.
 on Monday after the day of the election to present valid voter identification:
(A)
to the county clerk at the county clerk's office; or
(B)
to an election officer who is administering the election; and
(iv)
follow the procedures and requirements of Section 
20A-3a-205
.
(d)
If the person's right to vote is challenged as provided in Section 
20A-3a-803
, the poll 
worker shall follow the procedures and requirements of Section 
20A-3a-205
.
(3)
A poll worker shall check the official register to determine whether:
(a)
a voter is registered to vote; and
(b)
if the election is a regular primary election or a presidential primary election, 
whether a voter's party affiliation designation in the official register allows the voter 
to vote the ballot that the voter requests.
(4)
(a)
Except as provided in Subsection 
(5)
, if the voter's name is not found on the 
official register, the poll worker shall follow the procedures and requirements of 
Section 
20A-3a-205
.
(b)
If, in a regular primary election or a presidential primary election, the official register 
does not affirmatively identify the voter as being affiliated with a registered political 
party or if the official register identifies the voter as being "unaffiliated," the voter 
shall be considered to be "unaffiliated."
(5)
In a regular primary election or a presidential primary election:
(a)
if a voter's name is not found on the official register, and if it is not unduly disruptive 
to the election process, the poll worker may attempt to contact the county clerk's 
office to request oral verification of the voter's registration;
(b)
if oral verification is received from the county clerk's office, the poll worker shall:
(i)
record the verification on the official register;
(ii)
determine the voter's party affiliation and the ballot that the voter is qualified to 
vote; and
(iii)
except as provided in Subsection 
(6)
, comply with Subsection 
(3)
.
(6)
(a)
Except as provided in Subsection 
(6)(b)
, if, in a regular primary election or a 
presidential primary election, the voter's political party affiliation listed in the official 
register does not allow the voter to vote the ballot that the voter requested, the poll 
worker shall inform the voter of that fact and inform the voter of the ballot or ballots 
that the voter's party affiliation does allow the voter to vote.
(b)
If, in a regular primary election or a presidential primary election, the voter is listed 
in the official register as unaffiliated, or if the official register does not affirmatively 
identify the voter as either unaffiliated or affiliated with a registered political party, 
and the voter, as an unaffiliated voter, is not authorized to vote the ballot that the 
voter requests, the poll worker shall:
(i)
ask the voter if the voter wishes to vote another registered political party ballot 
that the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
(ii)
(A)
if the voter wishes to vote another registered political party ballot that the 
unaffiliated voter is authorized to vote, the poll worker shall proceed as 
required by Subsection 
(3)
; or
(B)
if the voter wishes to remain unaffiliated and does not wish to vote another 
ballot that unaffiliated voters are authorized to vote, the poll worker shall 
instruct the voter that the voter may not vote.
(7)
Except as provided in Subsection 
(6)(b)(ii)(B)
, and subject to the other provisions of 
Subsection 
(6)
, if the poll worker determines that the voter is registered, a poll worker 
shall:
(a)
direct the voter to sign the voter's name in the official register;
(b)
provide to the voter the ballot that the voter is qualified to vote; and
(c)
allow the voter to enter the voting booth.
Section 14, Section 
20A-3a-204
 is amended to read:
20A-3a-204. Marking and depositing ballots.
(1)
To vote by mail:
(a)
except as provided in Subsection 
(6)
, the voter shall prepare the voter's manual ballot 
by marking the appropriate space with a mark opposite the name of each candidate of 
the voter's choice for each office to be filled;
(b)
if a ballot proposition is submitted to a vote of the people, the voter shall mark the 
appropriate space with a mark opposite the answer the voter intends to make;
(c)
except as provided in Subsection 
(6)
, the voter shall record a write-in vote in 
accordance with Subsection 
20A-3a-206(1)
;
(d)
except as provided in Subsection 
(6)
, a mark is not required opposite the name of a 
write-in candidate; and
(e)
the voter shall:
(i)
complete and sign the affidavit on the return envelope;
(ii)
place the voted ballot in the return envelope;
(iii)
if required, place a copy of the voter's valid voter identification in the return 
envelope;
(iv)
securely seal the return envelope; and
(v)
(A)
attach postage, if necessary, and deposit the return envelope in the mail; or
(B)
place the return envelope in a ballot drop box, designated by the election 
officer, for the precinct where the voter resides.
(2)
(a)
Except as otherwise provided in Section 
20A-16-404
, to be valid, a ballot that is 
mailed must be
:
 received by the election officer before the polls close on election 
day.
(i)
clearly postmarked before election day, or otherwise clearly marked by the post 
office as received by the post office before election day; and
(ii)
received in the office of the election officer before noon on the day of the official 
canvass following the election.
(b)
Except as provided in Subsection 
(2)(c)
, to be valid, a ballot shall, before the polls 
close on election day, be deposited in:
(i)
a ballot box at a polling place; or
(ii)
a ballot drop box designated by an election officer for the jurisdiction to which 
the ballot relates.
(c)
An election officer may, but is not required to, forward a ballot deposited in a ballot 
drop box in the wrong jurisdiction to the correct jurisdiction.
(d)
An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a 
ballot drop box, with a sealed return envelope containing a ballot in the voter's 
possession, to deposit the ballot in the ballot drop box.
(3)
Except as provided in Subsection 
(4)
, to vote at a polling place the voter shall, after 
complying with Subsections 
(1)(a)
 through 
(d)
:
(a)
sign the official register or pollbook; and
(b)
(i)
place the ballot in the ballot box; or
(ii)
if the ballot is a provisional ballot, place the ballot in the provisional ballot 
envelope, complete the information printed on the provisional ballot envelope, and 
deposit the provisional ballot envelope in the provisional ballot box.
(4)
(a)
An individual with a disability may vote a mechanical ballot at a polling place.
(b)
An individual other than an individual with a disability may vote a mechanical ballot 
at a polling place if permitted by the election officer.
(5)
To vote a mechanical ballot, the voter shall:
(a)
make the selections according to the instructions provided for the voting device; and
(b)
subject to Subsection 
(6)
, record a write-in vote by:
(i)
selecting the appropriate position for entering a write-in candidate; and
(ii)
using the voting device to enter the name of the valid write-in candidate for 
whom the voter wishes to vote.
(6)
To vote in an instant runoff voting race under 
Title 20A, Chapter 4, Part 6, Municipal 
Alternate Voting Methods Pilot Project
, a voter:
(a)
shall indicate, as directed on the ballot, the name of the candidate who is the voter's 
first preference for the office; and
(b)
may indicate, as directed on the ballot, the names of the remaining candidates in 
order of the voter's preference.
(7)
A voter who votes at a polling place:
(a)
shall mark and cast or deposit the ballot without delay and shall leave the voting area 
after voting; and
(b)
may not:
(i)
occupy a voting booth occupied by another, except as provided in Section 
20A-3a-208
;
(ii)
remain within the voting area more than 10 minutes; or
(iii)
occupy a voting booth for more than five minutes if all booths are in use and 
other voters are waiting to occupy a voting booth.
(8)
If the official register shows any voter as having voted, that voter may not reenter the 
voting area during that election unless that voter is an election official or watcher.
(9)
A poll worker may not, at a polling place, allow more than four voters more than the 
number of voting booths into the voting area at one time unless those excess voters are:
(a)
election officials;
(b)
watchers; or
(c)
assisting voters with a disability.
Section 15, Section 
20A-3a-205
 is amended to read:
20A-3a-205. Manner of voting -- Provisional ballot.
(1)
The poll workers shall follow the procedures and requirements of this section when:
(a)
the individual's right to vote is challenged as provided in Section 
20A-3a-803
 or 
20A-3a-805
;
(b)
the 
individual claims that the individual is registered to vote and is qualified to vote 
the ballot, but the 
individual's name is not found on the official register; or
(c)
the poll worker is not satisfied that the voter has provided valid voter identification.
(2)
When faced with one of the circumstances described in Subsection 
(1)(a)
 or 
(b)
, the poll 
worker shall:
(a)
request that the individual provide valid voter identification; and
(b)
review the identification provided by the individual.
(3)
If the poll worker is satisfied that the individual has provided valid voter identification 
that establishes the individual's identity and residence in the voting precinct:
(a)
the poll worker in charge of the official register shall:
(i)
record in the official register the type of identification that established the 
individual's identity and place of residence;
(ii)
record the provisional ballot envelope number in association with the name of the 
individual; and
(iii)
direct the individual to sign the individual's name in the official register or 
pollbook; and
(b)
the poll worker having charge of the ballots shall:
(i)
give the individual a provisional ballot; and
(ii)
allow the individual to enter the voting booth.
(4)
If the poll worker is not satisfied that the individual has provided valid voter 
identification that establishes the individual's identity and residence in the voting 
precinct:
(a)
the poll worker in charge of the official register shall:
(i)
record in the official register that the voter did not provide valid voter 
identification;
(ii)
record in the official register the type of identification that was provided by the 
individual, if any;
(iii)
record the provisional ballot envelope number in association with the name of 
the individual; and
(iv)
direct the individual to sign the individual's name in the official register or 
pollbook; and
(b)
the poll worker having charge of the ballots shall:
(i)
give the individual a provisional ballot; and
(ii)
allow the individual to enter the voting booth.
(5)
(a)
A voter who casts a provisional ballot because the voter was unable to provide 
valid voter identification shall provide valid voter identification no later than 5 p.m. 
on the Monday following the day of the election.
(b)
If a voter described in Subsection 
(5)
(a) fails to timely provide valid voter 
identification, the election officer shall retain the provisional ballot form, uncounted, 
for the period specified in Section 
20A-4-202
.
(5)
(6)
When, at a polling place, the election officer is required to furnish more than one 
version of a ballot, the poll workers at that polling place shall give the registered voter 
the version of the ballot that the voter is qualified to vote.
(7)
Except as provided in Subsection (8), the election officer shall retain a provisional ballot 
form, uncounted, for the period specified in Section 
20A-4-202
, if the election officer 
determines that the individual who voted the ballot:
(a)
is not registered to vote; or
(b)
is not legally entitled to vote the ballot that the individual voted.
(8)
Subsection (7) does not apply to the extent that a court with jurisdiction orders the 
election officer to produce or count the provisional ballot.
Section 16, 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 -- Disclosures relating to unresolved ballots.
(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 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:
(i)
in accordance with the rules made under Subsection (11):
(A)
that the signature on the affidavit of the return envelope is reasonably 
consistent with the individual's signature in the voter registration records; or
(B)
for an individual who checks the box described in Subsection (5)(c)(v), that 
the signature is verified by alternative means;
(ii)
that the affidavit is sufficient;
(iii)
that the voter is registered to vote in the correct precinct;
(iv)
that the voter's right to vote the ballot has not been challenged;
(v)
that 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, record the ballot as "rejected" and state the 
reason for the rejection; 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, in accordance with rules made under Subsection (11), that the signature 
on the return envelope is not reasonably consistent with the individual's signature in 
the voter registration records, the election officer shall:
(i)
contact the individual in accordance with Subsection (6); and
(ii)
inform the individual:
(A)
that the individual's signature is in question;
(B)
how the individual may resolve the issue; and
(C)
that, in order for the ballot to be counted, the individual is required to deliver 
to the election officer
, no later than 5 p.m. on the Monday after the day of the 
election,
 a correctly completed affidavit, provided by the county clerk, that 
meets the requirements described in Subsection (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 courtesy reply envelope;
(ii)
(i)
when communicating the notice electronically, a link to a copy of the 
affidavit described in Subsection (5)(c) or information on how to obtain a copy of 
the affidavit; or
(iii)
(ii)
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.
(c)
An affidavit described in Subsection (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;
(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 
__________________".
(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)(c) 
to the election officer
 no later than 5 p.m. on the Monday after the day of the election
.
(e)
An election officer who receives a signed affidavit under Subsection (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-2-502
;
(ii)
if the election officer receives the affidavit no later than 5 p.m. 
three days before 
the day on which the canvass begins
on the Monday after the day of the election
, 
count the individual's ballot; and
(iii)
if the check box described in Subsection (5)(c)(v) is checked, comply with the 
rules described in Subsection (11)(c).
(6)
(a)
The election officer shall, within two business days after the day on which an 
individual's ballot is rejected, notify the individual of the rejection and the reason for 
the rejection, by phone, 
mail, 
email, or SMS text message, unless:
(i)
the ballot is cured within one business day after the day on which the ballot is 
rejected; or
(ii)
the ballot is rejected because the ballot is received late or for another reason that 
cannot be cured.
(b)
If an individual's ballot is rejected for a reason described in Subsection (6)(a)(ii), the 
election officer shall notify the individual of the rejection and the reason for the 
rejection by phone, mail, email, or SMS text message, within the later of:
(i)
30 days after the day of the rejection; or
(ii)
30 days after the day of the election.
(c)
The election officer may, when notifying an individual by phone under this 
Subsection (6), use auto-dial technology.
(7)
An election officer may not count the ballot of an individual whom the election officer 
contacts under Subsection (5) or (6) unless, no later than 5 p.m. 
three days before the 
day on which the canvass begins
on the Monday after the day of the election
, the 
election officer:
(a)
receives a signed affidavit from the individual under Subsection (5); or
(b)
(i)
contacts the individual;
(ii)
if the election officer has reason to believe that an individual, other than the voter 
to whom the ballot was sent, signed the ballot affidavit, informs the individual that 
it is unlawful to sign a ballot affidavit for another person, even if the person gives 
permission;
(iii)
verifies the identity of the individual by:
(A)
requiring the individual to provide at least two types of personal identifying 
information for the individual; and
(B)
comparing the information provided under Subsection (7)(b)(iii)(A) to records 
relating to the individual that are in the possession or control of an election 
officer; and
(iv)
documenting the verification described in Subsection (7)(b)(iii), by recording:
(A)
the name and voter identification number of the individual contacted;
(B)
the name of the individual who conducts the verification;
(C)
the date and manner of the communication;
(D)
the type of personal identifying information provided by the individual;
(E)
a description of the records against which the personal identifying information 
provided by the individual is compared and verified; and
(F)
other information required by the lieutenant governor.
(8)
The election officer shall:
(a)
retain and preserve the return envelopes in the manner provided by law for the 
retention and preservation of ballots voted at that election;
(b)
retain and preserve the documentation described in Subsection (7)(b)(iv); and
(c)
if the election officer complies with Subsection (8)(b) by including the 
documentation in the voter's voter registration record, make, retain, and preserve a 
record of the name and voter identification number of each voter contacted under 
Subsection (7)(b).
(9)
(a)
The election officer shall record the following in the database used to verify 
signatures:
(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
return envelope
; and
(ii)
the number of ballots rejected because the voter's signatures on the 
ballot
return 
envelope
, and in records on file, do not correspond.
(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 Subsections (3)(a) and 
(4)(a)(i)(A);
(b)
training and certification requirements for election officers and employees of election 
officers regarding the criteria and processes described in Subsection (11)(a); and
(c)
in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C. 
Secs. 12131 through 12165, an alternative means of verifying the identity of an 
individual who checks the box described in Subsection (5)(c)(v).
(12)
Subject to Subsection (13), 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.
(13)
A disclosure described in Subsection (12) may not include the name or address of a 
protected individual, as defined in Subsection 
20A-2-104
(1).
Section 17, Section 
20A-3a-405
 is amended to read:
20A-3a-405. Public notice regarding ballot processing.
(1)
Except as provided in Subsection 
(5)(a)
(4)
, an election officer shall post and update 
the data described in Subsection 
(2)
 on the election officer's website, on the following 
days, after the election officer finishes processing ballots on that day:
(a)
the day on which the election officer begins mailing ballots;
(b)
each Monday, Wednesday, and Friday after the day described in Subsection 
(1)(a)
, 
until the final posting described in Subsection 
(1)(c)
; and
(c)
the Wednesday after the day of the election.
(2)
The data that an election officer is required to post under Subsection 
(1)
 includes:
(a)
the number of ballots in the county clerk's possession; and
(b)
of the number of ballots described in Subsection 
(2)(a)
:
(i)
the number of ballots that have not yet begun processing;
(ii)
the number of ballots in process; and
(iii)
the number of ballots processed.
(3)
Except as provided in Subsection 
(5)(b)
, an election officer shall post and update the 
data described in Subsection 
(4)
 on the election officer's website on the following days:
(a)
the Friday after the day of the election;
(b)
each Monday, Wednesday, and Friday after the day described in Subsection 
(3)(a)
, 
until the final posting described in Subsection 
(3)(c)
; and
(c)
on the last day of the canvass.
(4)
(3)
The data that an 
An 
election officer 
is required to post under Subsection 
(3)
includes
shall, on the day of the election canvass, publicly post the following 
information on the election officer's website
:
(a)
a best estimate of the number of ballots received, to date,
the number of ballots 
received
 by the election officer;
(b)
the number of ballots 
in possession of
rejected by
 the election officer that 
have 
been rejected and are not yet
were timely
 cured;
(c)
the number of ballots rejected by the election officer that were not timely cured, or 
could not be cured;
(c)
(d)
the number of provisional ballots 
in the possession of the election officer that 
have not been 
processed
 by the election officer that were counted
;
(e)
the number of provisional ballots in the possession of the election officer that were 
not counted; and
(d)
the number of ballots that need to be adjudicated, but have not yet been adjudicated;
(e)
the number of ballots awaiting replication; and
(f)
the number of ballots 
that have been 
replicated.
(5)
(4)
(a)
An election officer is not required to update the data described in 
Subsection 
(2)
 on a Monday if the election officer does not process any ballots the 
preceding Saturday or Sunday.
(b)
An election officer is not required to update the data described in Subsection 
(4)
 on 
a Monday if the election officer does not process any ballots the preceding Saturday 
or Sunday.
Section 18, Section 
20A-3a-601
 is amended to read:
20A-3a-601. Early voting.
(1)
Except as provided in Section 
20A-7-609.5
:
,
(a)
an individual who is registered to vote may vote at a polling place before the 
election date in accordance with this section
; and
.
(b)
except as provided in Subsection 
20A-2-207(6)
, an individual who is not registered 
to vote may register to vote and vote at a polling place before the election date in 
accordance with this section if the individual:
(i)
is otherwise legally entitled to vote the ballot; and
(ii)
casts a provisional ballot in accordance with Section 
20A-2-207
.
(2)
Except as provided in Section 
20A-1-308
 or Subsection 
(3)
, the early voting period:
(a)
begins on the date that is 14 days before the date of the election; and
(b)
continues through the Friday before the election if the election date is a Tuesday.
(3)
(a)
An election officer may extend the end of the early voting period to the day before 
the election date if the election officer provides notice of the extension in accordance 
with Section 
20A-3a-604
.
(b)
For a municipal election, the municipal clerk may reduce the early voting period 
described in this section if:
(i)
the municipal 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 municipal clerk provides notice of the reduced early voting period in 
accordance with Section 
20A-3a-604
.
(c)
For a county election, the county clerk may reduce the early voting period described 
in this section 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
.
(4)
Except as provided in Section 
20A-1-308
, during the early voting period, the election 
officer:
(a)
for a local special election, a municipal primary election, and a municipal general 
election:
(i)
shall conduct early voting on a minimum of four days during each week of the 
early voting period; and
(ii)
shall conduct early voting on the last day of the early voting period; and
(b)
for all other elections:
(i)
shall conduct early voting on each weekday; and
(ii)
may elect to conduct early voting on a Saturday, Sunday, or holiday.
(5)
Except as specifically provided in this 
Part 6, Early Voting
, or Section 
20A-1-308
, early 
voting shall be administered in accordance with the requirements of this title.
Section 19, Section 
20A-3a-807
 is amended to read:
20A-3a-807. Notification of ballot processes.
(1)
As used in this section, "ballot process" includes:
(a)
signature verification;
(b)
opening ballots;
(c)
scanning ballots;
(d)
adjudicating ballots;
(e)
replicating damaged or defective ballots; or
(f)
tabulating votes.
(2)
A county clerk shall:
(a)
beginning at least three days before the day on which the county clerk begins mailing 
ballots for an election, and ending on the first day of the canvass, post on the county 
clerk's website a schedule of the hours, over the next three days, during which the 
county clerk plans to conduct one or more ballot processes; and
(b)
update any changes to the schedule at least 24 hours before the clerk modifies the 
hours.
(3)
Subsection 
(2)
 does not prohibit a county clerk from continuing a ballot process after 
the hours posted, if:
(a)
the county clerk begins the ballot process during the scheduled time; and
(b)
at the end of the scheduled time, the county clerk continues the ballot process, 
without a disruption of longer than 15 minutes.
Section 20, Section 
20A-4-104
 is amended to read:
20A-4-104. Counting ballots electronically -- Notice of testing tabulating 
equipment.
(1)
(a)
Before beginning to count ballots using automatic tabulating equipment, the 
election officer shall test the automatic tabulating equipment to ensure that it will 
accurately count the votes cast for all offices and all measures.
(b)
The election officer shall provide public notice of the time and place of the test by 
publishing the notice, as a class A notice under Section 
63G-30-102
, for the county, 
municipality, or jurisdiction where the equipment is used, for at least 10 days before 
the day of the test.
(c)
The election officer shall conduct the test by processing a preaudited group of ballots.
(d)
The election officer shall ensure that:
(i)
a predetermined number of valid votes for each candidate and measure are 
recorded on the ballots;
(ii)
for each office, one or more ballots have votes in excess of the number allowed 
by law in order to test the ability of the automatic tabulating equipment to reject 
those votes; and
(iii)
a different number of valid votes are assigned to each candidate for an office, and 
for and against each measure.
(e)
If any error is detected, the election officer shall determine the cause of the error and 
correct it.
(f)
The election officer shall ensure that:
(i)
the automatic tabulating equipment produces an errorless count before beginning 
the actual counting; and
(ii)
before the election returns are approved as official , the automatic 
tabuating
tabulating
 equipment passes a post election audit conducted in accordance with 
the rules described in Subsection 
20A-1-108(1)
.
(2)
(a)
The election officer or the election officer's designee shall supervise and direct all 
proceedings at the counting center.
(b)
(i)
Proceedings at the counting center are public and may be observed by 
interested persons.
(ii)
Only those persons authorized to participate in the count may touch any ballot or 
return.
(c)
The election officer shall deputize and administer an oath or affirmation to all 
persons who are engaged in processing and counting the ballots that they will 
faithfully perform their assigned duties.
(3)
(a)
If any ballot is damaged or defective so that it cannot properly be counted by the 
automatic tabulating equipment, the election officer shall ensure that two counting 
judges jointly:
(i)
make a true replication of the ballot with an identifying serial number;
(ii)
substitute the replicated ballot for the damaged or defective ballot;
(iii)
label the replicated ballot "replicated"; and
(iv)
record the replicated ballot's serial number on the damaged or defective ballot.
(b)
The lieutenant governor shall provide to each election officer a standard form on 
which the election officer shall maintain a log of all replicated ballots, that includes, 
for each ballot:
(i)
the serial number described in Subsection 
(3)(a)
;
(ii)
the identification of the individuals who replicated the ballot;
(iii)
the reason for the replication; and
(iv)
any other information required by the lieutenant governor.
(c)
An election officer shall:
(i)
maintain the log described in Subsection 
(3)(b)
 in a complete and legible manner, 
as ballots are replicated;
(ii)
at the end of each day during which one or more ballots are replicated, make an 
electronic copy of the log; and
(iii)
keep each electronic copy made under Subsection 
(3)(c)(ii)
 for at least 22 months.
(4)
The election officer may:
(a)
conduct an unofficial count before conducting the official count in order to provide 
early unofficial returns to the public;
(b)
release unofficial returns from time to time after the polls close; and
(c)
report the progress of the count for each candidate during the actual counting of 
ballots.
(5)
Beginning on the day after the date of the election, if an election officer releases early 
unofficial returns or reports the progress of the count for each candidate under 
Subsection 
(4)
, the election officer shall, with each release or report, disclose an estimate 
of the total number of voted ballots in the election officer's custody that have not yet 
been counted.
(6)
(4)
The election officer shall review and evaluate the provisional ballot envelopes and 
prepare any valid provisional ballots for counting as provided in Section 
20A-4-107
.
(7)
(5)
(a)
The election officer or the election officer's designee shall:
(i)
separate, count, and tabulate any ballots containing valid write-in votes; and
(ii)
complete the standard form provided by the clerk for recording valid write-in 
votes.
(b)
In counting the write-in votes, if, by casting a valid write-in vote, a voter has cast 
more votes for an office than that voter is entitled to vote for that office, the poll 
workers shall count the valid write-in vote as being the obvious intent of the voter.
(8)
(6)
(a)
The election officer shall certify the return printed by the automatic tabulating 
equipment, to which have been added write-in and absentee votes, as the official 
return of each voting precinct.
(b)
Upon completion of the count, the election officer shall make official returns open to 
the public.
(9)
(7)
If for any reason it becomes impracticable to count all or a part of the ballots with 
tabulating equipment, the election officer may direct that they be counted manually 
according to the procedures and requirements of this part.
(10)
(8)
After the count is completed, the election officer shall seal and retain the 
programs, test materials, and ballots as provided in Section 
20A-4-202
.
Section 21, Section 
20A-4-104.5
 is enacted to read:
20A-4-104.5. Deadlines for tabulating ballots and disclosing tabulations -- 
Reporting unofficial results.
(1)
Except as provided in Subsection 
(4)
, an election officer shall, before 11:30 p.m. on 
election day, complete the tabulation of the following ballots:
(a)
all ballots cast in person during early voting;
(b)
all ballots cast in person on election day;
(c)
all ballots received by mail before election day;
(d)
all ballots deposited in a ballot drop box before election day; and
(e)
all provisional ballots that the election officer determines, before the polls close on 
election day, can legally be counted.
(2)
Except as provided in Subsection 
(4)
, an election officer shall, before 11:30 p.m. on the 
day after election day, complete the tabulation of the following ballots:
(a)
all ballots received by mail on election day;
(b)
all ballots deposited in a ballot drop box on election day;
(c)
all provisional ballots that the election officer determines, before 8 p.m. on the day 
after election day, can legally be counted; and
(d)
all other ballots counted that were not included in the tabulation described in 
Subsection 
(1)
.
(3)
The election officer:
(a)
shall publicly release the tabulation results described in Subsection 
(1)
 between 
11:30 p.m. and midnight on election day;
(b)
shall publicly release the sum of the tabulation results described in Subsection (2), 
and all other ballots tabulated before the tabulation described in Subsection 
(2)
, 
between 11:30 p.m. and midnight on the day after election day;
(c)
shall release updated tabulation results on each day after the day described in 
Subsection 
(3)(b)
 that the election officer counts additional ballots; and
(d)
may release updated tabulation results more often than the times required under 
Subsections 
(3)(a)
 through (c).
(4)
An election officer is not required to include in a tabulation described in Subsection 
(1)
or (2):
(a)
a ballot received by mail, or placed in a ballot drop box, that is rejected and has not 
yet been resolved; or
(b)
a provisional ballot that the election officer has not yet determined can legally be 
counted.
(5)
Beginning on the day after election day, the election officer shall, with each release 
described in Subsections 
(3)(b)
 through (d), disclose an estimate of the total number of 
voted ballots in the election officer's custody that have not yet been counted.
(6)
No later than noon on the Monday after the day of the election, an election officer shall 
release unofficial election results for each race or other matter voted on at the election, 
except for a race or other matter that is too close to call.
Section 22, Section 
20A-4-107
 is amended to read:
20A-4-107. Review and disposition of provisional ballot envelopes.
(1)
As used in this section, an individual is "legally entitled to vote" if:
(a)
the individual:
(i)
is registered to vote in the state;
(ii)
votes the ballot for the voting precinct in which the individual resides; and
(iii)
provides valid voter identification to the poll worker;
(b)
the individual:
(i)
is registered to vote in the state;
(ii)
(A)
provided valid voter identification to the poll worker; or
(B)
either failed to provide valid voter identification or the documents provided as 
valid voter identification were inadequate and the poll worker recorded that 
fact in the official register but the county clerk verifies the individual's identity 
and residence through some other means; and
(iii)
did not vote in the individual's precinct of residence, but the ballot that the 
individual voted was from the individual's county of residence and includes one or 
more candidates or ballot propositions on the ballot voted in the individual's 
precinct of residence; or
(c)
the individual:
(i)
is registered to vote in the state;
(ii)
either failed to provide valid voter identification or the documents provided as 
valid voter identification were inadequate and the poll worker recorded that fact in 
the official register; and
(iii)
(A)
the county clerk verifies the individual's identity and residence through 
some other means as reliable as photo identification; or
(B)
the individual provides valid voter identification to the county clerk or an 
election officer who is administering the election by the close of normal office 
hours on Monday after the date of the election.
(2)
(a)
Upon receipt of a provisional ballot form, the election officer shall review the 
affirmation on the provisional ballot form and determine if the individual signing the 
affirmation is:
(i)
registered to vote in this state; and
(ii)
legally entitled to vote:
(A)
the ballot that the individual voted; or
(B)
if the ballot is from the individual's county of residence, for at least one ballot 
proposition or candidate on the ballot that the individual voted.
(b)
Except as provided in Section 
20A-2-207
, if the election officer determines that the 
individual is not registered to vote in this state or is not legally entitled to vote in the 
county or for any of the ballot propositions or candidates on the ballot that the 
individual voted, the election officer shall retain the ballot form, uncounted, for the 
period specified in Section 
20A-4-202
 unless ordered by a court to produce or count 
it.
(c)
If the election officer determines that the individual is registered to vote in this state 
and is legally entitled to vote in the county and for at least one of the ballot 
propositions or candidates on the ballot that the individual voted, the election officer 
shall place the provisional ballot with the regular ballots to be counted with those 
ballots at the canvass.
(d)
The election officer may not count, or allow to be counted a provisional ballot unless 
the individual's identity and residence is established by a preponderance of the 
evidence.
(3)
If the election officer determines that the individual is registered to vote in this state, or 
if the voter registers to vote in accordance with Section 
20A-2-207
, the election officer 
shall ensure that the voter registration records are updated to reflect the information 
provided on the provisional ballot form.
(4)
Except as provided in Section 
20A-2-207
, if the election officer determines that the 
individual is not registered to vote in this state and the information on the provisional 
ballot form is complete, the election officer shall:
(a)
consider the provisional ballot form a voter registration form for the individual's 
county of residence; and
(b)
(i)
register the individual if the individual's county of residence is within the 
county; or
(ii)
forward the voter registration form to the election officer of the individual's 
county of residence, which election officer shall register the individual.
(5)
(4)
Notwithstanding any provision of this section, the election officer shall place a 
provisional ballot with the regular ballots to be counted with those ballots at the canvass, 
if:
(a)
(i)
the election officer determines, in accordance with the provisions of this 
section, that the sole reason a provisional ballot may not otherwise be counted is 
because the voter registration was filed less than 
11
29
 days before the election;
(ii)
(b)
11
29
 or more days before the election, the individual who cast the provisional 
ballot:
(A)
(i)
completed and signed the voter registration; and
(B)
(ii)
provided the voter registration to another person to file;
(iii)
(c)
the late filing was made due to the individual described in Subsection 
(5)(a)(ii)(B)
(4)(b)(ii)
 filing the voter registration late; and
(iv)
(d)
the election officer receives the voter registration before 5 p.m. no later than 
one day before the day of the election
; or
.
(b)
the provisional ballot is cast on or before election day and is not otherwise 
prohibited from being counted under the provisions of this chapter.
Section 23, Section 
20A-4-109
 is amended to read:
20A-4-109. Ballot reconciliation -- Rulemaking authority.
(1)
In accordance with this section and rules made under Subsection (2), an election officer 
whose office processes ballots shall:
(a)
conduct ballot reconciliations
 every time 
:
(i)
at the end of each day on which 
ballots are tabulated;
 or
(ii)
if ballot tabulation of a grouping of ballots continues past midnight, as soon as the 
office finishes tabulating those ballots;
(b)
conduct a final ballot reconciliation when an election officer concludes processing all 
ballots;
(c)
document each ballot reconciliation;
(d)
publicly release the results of each ballot reconciliation; and
(e)
in conducting ballot reconciliations:
(i)
ensure that the sum of the number of uncounted verified ballots and the number of 
ballots tabulated is equal to the number of voters given credit for voting; or
(ii)
if the sum described in Subsection (1)(e)(i) is not equal to the number of voters 
given credit for voting, account for and explain the differences in the numbers.
(2)
The director of elections within the Office of the Lieutenant Governor may make rules, 
in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, 
establishing procedures and requirements for conducting, documenting, and publishing a 
ballot reconciliation.
Section 24, Section 
20A-5-403.5
 is amended to read:
20A-5-403.5. Ballot drop boxes -- Notice.
(1)
(a)
An election officer:
(i)
shall designate at least one ballot drop box in each municipality and reservation 
located in the jurisdiction to which the election relates;
(ii)
may designate additional ballot drop boxes for the election officer's jurisdiction;
(iii)
shall clearly mark each ballot drop box as an official ballot drop box for the 
election officer's jurisdiction;
(iv)
shall provide 24-hour recorded video surveillance, without audio, of each 
unattended ballot drop box;
(v)
shall post a sign on or near each unattended ballot drop box indicating that the 
ballot drop box is under 24-hour video surveillance; and
(vi)
shall ensure that a camera, a video, or a recording of a video described in 
Subsection 
(1)(a)(iv)
 may only be accessed:
(A)
by the election officer;
(B)
by a custodian of the camera, video, or recording;
(C)
by the lieutenant governor;
(D)
by the legislative auditor general, when performing an audit; or
(E)
by, or pursuant to an order of, a court of competent jurisdiction.
(b)
An individual may not view a video, or a recording of a video, described in 
Subsection 
(1)(a)(iv)
, unless the individual:
(i)
is an individual described in Subsection 
(1)(a)(vi)
; and
(ii)
views the video to the extent necessary to:
(A)
ensure compliance with Subsection 
(1)(a)(iv)
, 
(1)(a)(vi)
, or 
(1)(c)
; or
(B)
investigate a concern relating to ballots or the ballot box.
(c)
The election officer, or the custodian of the recording, shall keep a recording 
described in Subsection 
(1)(a)(iv)
 until the later of:
(i)
the end of the calendar year in which the election was held; or
(ii)
if the election is contested, when the contest is resolved.
(2)
Except as provided in Section 
20A-1-308
 or Subsection 
(5)
, the election officer shall, at 
least 28 days before the date of the election, provide notice of the location of each ballot 
drop box designated under Subsection 
(1)
, by publishing notice for the jurisdiction 
holding the election, as a class A notice under Section 
63G-30-102
, for at least 28 days 
before the day of the election.
(3)
Instead of including the location of ballot drop boxes, a notice required under 
Subsection 
(2)
 may specify the following sources where a voter may view or obtain a 
copy of all ballot drop box locations:
(a)
the jurisdiction's website;
(b)
the physical address of the jurisdiction's offices; and
(c)
a mailing address and telephone number.
(4)
The election officer shall include in the notice described in Subsection 
(2)
:
(a)
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 the location of each ballot drop box, 
including any changes to the location of a ballot drop box and the location of 
additional ballot drop boxes; and
(b)
a phone number that a voter may call to obtain information regarding the location of 
a ballot drop box.
(5)
(a)
Except as provided in Section 
20A-1-308
, the election officer may, after the 
deadline described in Subsection 
(2)
:
(i)
if necessary, change the location of a ballot drop box; or
(ii)
if the election officer determines that the number of ballot drop boxes is 
insufficient due to the number of registered voters who are voting, designate 
additional ballot drop boxes.
(b)
Except as provided in Section 
20A-1-308
, if an election officer changes the location 
of a ballot box or designates an additional ballot drop box location, the election 
officer shall, as soon as is reasonably possible, give notice of the changed ballot drop 
box location or the additional ballot drop box location:
(i)
to the lieutenant governor, for posting on the Statewide Voter Information 
Website;
(ii)
by posting the information on the website of the election officer, if available; and
(iii)
by posting notice:
(A)
for a change in the location of a ballot drop box, at the new location and, if 
possible, the old location; and
(B)
for an additional ballot drop box location, at the additional ballot drop box 
location.
(6)
An election officer may, at any time, authorize two or more poll workers to remove a 
ballot drop box from a location, or to remove ballots from a ballot drop box for 
processing.
(7)
(a)
At least two poll workers must be present when a poll worker collects ballots from 
a ballot drop box and delivers the ballots to the location where the ballots will be 
opened and counted.
(b)
An election officer shall ensure that the chain of custody of ballots placed in a ballot 
box are recorded and tracked from the time the ballots are removed from the ballot 
box until the ballots are delivered to the location where the ballots will be opened and 
counted.
(8)
A ballot drop box described in this section shall remain open to receive ballots on 
election day until the later of:
(a)
8 p.m.; or
(b)
when each voter in line at the ballot drop box at 8 p.m., with a sealed return envelope 
in the voter's possession, has had an opportunity to place the return envelope in the 
ballot drop box.
Section 25, Section 
20A-5-801
 is repealed and re-enacted to read:
20A-5-801. Definitions.
As used in this part:
(1)
"Voting equipment" means equipment used to process ballots, including equipment used 
for:
(a)
casting votes;
(b)
sorting, handling, or scanning ballots or return envelopes;
(c)
counting votes; or
(d)
tabulating election results.
(2)
"Voting system" means a system of compatible voting equipment and software that is 
designed to work as a complete, unified system.
Section 26, Section 
20A-5-802
 is amended to read:
20A-5-802. Certification of voting equipment and software.
(1)
For the voting equipment 
and software 
used in the jurisdiction over which an election 
officer has authority, the election officer shall:
(a)
before each election, use logic and accuracy tests to ensure that the voting equipment 
performs the voting equipment's 
functions 
correctly and 
accurately;
(b)
develop and implement a procedure to protect the physical security of the voting 
equipment
 and the security of the software
; and
(c)
ensure that the voting equipment 
and software 
is certified by the lieutenant governor 
under Subsection 
(2)
 as having met the requirements of this section.
(2)
(a)
Except as provided in Subsection 
(2)(b)(ii)
:
(i)
the lieutenant governor shall ensure that all voting equipment 
and software 
used in 
the state is independently tested using security testing protocols and standards that:
(A)
are generally accepted in the industry at the time the lieutenant governor 
reviews the voting equipment 
and software 
for certification; and
(B)
meet the requirements of Subsection 
(2)(a)(ii)
;
(ii)
the testing protocols and standards described in Subsection 
(2)(a)(i)
 shall require 
that a voting system
, and equipment and software in the voting system
:
(A)
is accurate and reliable;
(B)
possesses established and maintained access controls;
(C)
has not been fraudulently manipulated or tampered with;
(D)
is able to identify fraudulent or erroneous changes to the voting equipment
 or 
software
; and
(E)
protects the secrecy of a voter's ballot; and
(iii)
The
the
 lieutenant governor may comply with the requirements of Subsection 
(2)(a)
 by certifying voting equipment that has been certified by:
(A)
the United States Election Assistance Commission; or
(B)
a laboratory that has been accredited by the United States Election Assistance 
Commission to test voting equipment.
(b)
(i)
Voting equipment 
and software 
used in the state may include technology that 
allows for ranked-choice voting.
(ii)
The lieutenant governor may, for voting equipment used for ranked-choice voting 
under 
Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot 
Project
, certify voting equipment that has been successfully used within the 
United States or a territory of the United States for ranked-choice voting for a race 
for federal office.
Section 27, Section 
20A-5-803
 is amended to read:
20A-5-803. Statewide voting system -- Voting System Selection Committee.
(1)
Beginning on January 1, 2026, an election officer may not purchase voting equipment 
or software that is not part of the voting system selected by the lieutenant governor for 
use throughout the state via a request for proposals procedure conducted in accordance 
with this section and Title 63G, Chapter 6a, Utah Procurement Code.
(2)
An election officer is not required to purchase all equipment and software that is 
available for use as part of the voting system selected by the lieutenant governor, but, 
beginning on January 1, 2026, is prohibited from purchasing equipment or software that 
is not part of the voting system selected by the lieutenant governor.
(1)
(3)
Before selecting or purchasing a new voting equipment system, the 
The 
lieutenant 
governor shall
:
(a)
appoint a Voting 
Equipment
System
 Selection Committee
; and
(b)
ensure that the committee includes persons
 having
 consisting of individuals who 
have knowledge and
 experience in:
(i)
(a)
election procedures and administration;
(ii)
(b)
computer technology;
(iii)
(c)
data security;
(iv)
(d)
auditing; and
(v)
(e)
access for 
persons
individuals
 with disabilities.
(2)
(4)
A member may not receive compensation or benefits for the member's service, but 
may receive per diem and travel expenses in accordance with:
(a)
Section 
63A-3-106
;
(b)
Section 
63A-3-107
; and
(c)
rules made by the Division of Finance pursuant to Sections 
63A-3-106
 and 
63A-3-107
.
(3)
(5)
The lieutenant governor shall select a chair from the committee membership.
(4)
(6)
The lieutenant governor may fill any vacancies that occur on the committee.
(5)
(7)
The Office of the Lieutenant Governor shall provide staffing for the committee.
(6)
(8)
The Voting 
Equipment
System
 Selection Committee shall
 assist the lieutenant 
governor in
:
(a)
evaluate new voting equipment systems proposed for purchase by the state; and
(b)
provide information and recommendations to assist the lieutenant governor with the 
purchase of new voting equipment systems.
(a)
preparing, issuing, and administering a request for proposals; and
(b)
selecting a single voting system to be used throughout the state.
(7)
(9)
The lieutenant governor may designate individuals, including committee members, 
to inspect and review proprietary software 
as part of an evaluation of new 
and 
voting 
equipment 
for voting 
systems under consideration
 for purchase
.
(8)
(10)
Before making 
any selection or purchase
the selection described in this section
, 
the lieutenant governor shall provide for a period of public review and comment on 
new 
voting equipment
voting
 systems under consideration
 for purchase by the state
.
(11)
A voting system selected by the lieutenant governor under this section shall comply 
with the requirements of Section 
20A-5-804
 in relation to voting equipment used to cast 
a mechanical ballot.
(12)
The selection made under this section shall require the successful applicant to enter 
into a contract:
(a)
regarding pricing and support for the voting system, and the voting equipment and 
software that are part of the system; and
(b)
that is effective for a term of not less than five years, but not more than seven years, 
as determined by the lieutenant governor.
Section 28, Section 
20A-5-804
, which is renumbered from Section 20A-5-302 is renumbered 
and amended to read:
20A-5-302
20A-5-804
. Voting equipment for casting a mechanical ballot.
(1)
(a)
Any county or municipal legislative body or special district board may:
(i)
adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any 
automated voting system that meets the requirements of this section; and
(ii)
use that system in any election, in all or a part of the voting precincts within its 
boundaries, or in combination with manual ballots.
(b)
Nothing in this title shall be construed to require the use of electronic voting devices 
in local special elections, municipal primary elections, or municipal general elections.
(2)
(1)
Each automated voting system
Voting equipment for casting a mechanical ballot
shall:
(a)
provide for voting in secrecy, except in the case of voters who have received 
assistance as authorized by Section 
20A-3a-208
;
(b)
permit each voter at any election to:
(i)
vote for all 
persons
individuals
 and offices for whom and for which that voter is 
lawfully entitled to vote;
(ii)
vote for as many 
persons
individuals
 for an office as that voter is entitled to vote; 
and
(iii)
vote for or against any ballot proposition upon which that voter is entitled to vote;
(c)
permit each voter, at presidential elections, by one mark, to vote for the candidates of 
that party for president, vice president, and for their presidential electors;
(d)
at elections other than primary elections, permit each voter to vote for the nominees 
of one or more parties and for independent candidates;
(e)
at primary elections:
(i)
permit each voter to vote for candidates of the political party of the voter's choice; 
and
(ii)
reject any votes cast for candidates of another party;
(f)
prevent the voter from voting for the same 
person
individual
 more than once for the 
same office;
(g)
provide the opportunity for each voter to change the ballot and to correct any error 
before the voter casts the ballot in compliance with the Help America Vote Act of 
2002, Pub. L. No. 107-252;
(h)
include automatic tabulating equipment that rejects choices recorded on a voter's 
ballot if the number of the voter's recorded choices is greater than the number which 
the voter is entitled to vote for the office or on the measure;
(i)
be of durable construction, suitably designed so that 
it
the voting equipment
 may be 
used safely, efficiently, and accurately in the conduct of elections and counting 
ballots;
(j)
when properly operated, record correctly and count accurately each vote cast;
(k)
for voting equipment certified after January 1, 2005, 
produce a permanent paper 
record that:
(i)
shall be available as an official record for any recount or election contest 
conducted with respect to an election where the voting equipment is used;
(ii)
(A)
shall be available for the voter's inspection 
prior to the voter leaving
before the voter leaves
 the polling place; and
(B)
shall permit the voter to inspect the record of the voter's selections 
independently only if reasonably practicable commercial methods permitting 
independent inspection are available at the time of certification of the voting 
equipment by the lieutenant governor;
(iii)
shall include, at a minimum, human readable printing that shows a record of the 
voter's selections;
(iv)
may also include machine readable printing which may be the same as the human 
readable printing; and
(v)
allows a watcher to observe the election process to ensure the integrity of the 
election process; and
(l)
meet the requirements of Section 
20A-5-802
.
(3)
(2)
For the purposes of a recount or an election contest, if the permanent paper record 
contains a conflict or inconsistency between the human readable printing and the 
machine readable printing, the human readable printing shall supercede the machine 
readable printing when determining the intent of the voter.
(4)
(3)
Notwithstanding any other provisions of this section, the election officers shall 
ensure that the ballots to be counted by means of electronic or electromechanical devices 
are of a size, layout, texture, and printed in a type of ink or combination of inks that will 
be suitable for use in the counting devices in which they are intended to be placed.
Section 29, 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 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 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 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
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)
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
.
Section 30, Section 
67-1a-2
 is amended to read:
67-1a-2. Duties enumerated.
(1)
The lieutenant governor shall:
(a)
perform duties delegated by the governor, including assignments to serve in any of 
the following capacities:
(i)
as the head of any one department, if so qualified, with the advice and consent of 
the Senate, and, upon appointment at the pleasure of the governor and without 
additional compensation;
(ii)
as the chairperson of any cabinet group organized by the governor or authorized 
by law for the purpose of advising the governor or coordinating intergovernmental 
or interdepartmental policies or programs;
(iii)
as liaison between the governor and the state Legislature to coordinate and 
facilitate the governor's programs and budget requests;
(iv)
as liaison between the governor and other officials of local, state, federal, and 
international governments or any other political entities to coordinate, facilitate, 
and protect the interests of the state;
(v)
as personal advisor to the governor, including advice on policies, programs, 
administrative and personnel matters, and fiscal or budgetary matters; and
(vi)
as chairperson or member of any temporary or permanent boards, councils, 
commissions, committees, task forces, or other group appointed by the governor;
(b)
serve on all boards and commissions in lieu of the governor, whenever so designated 
by the governor;
(c)
serve as the chief election officer of the state as required by Subsection (2);
(d)
keep custody of the Great Seal of the State of Utah;
(e)
keep a register of, and attest, the official acts of the governor;
(f)
affix the Great Seal, with an attestation, to all official documents and instruments to 
which the official signature of the governor is required; and
(g)
furnish a certified copy of all or any part of any law, record, or other instrument 
filed, deposited, or recorded in the office of the lieutenant governor to any person 
who requests it and pays the fee.
(2)
(a)
As the chief election officer, the lieutenant governor shall:
(i)
exercise oversight, and general supervisory authority, over all elections;
(ii)
exercise direct authority over the conduct of elections for federal, state, and 
multicounty officers and statewide or multicounty ballot propositions and any 
recounts involving those races;
(iii)
establish uniformity in the election ballot;
(iv)
(A)
prepare election information for the public as required by law and as 
determined appropriate by the lieutenant governor; and
(B)
make the information described in Subsection (2)(a)(iv)(A) available to the 
public and to news media, on the Internet, and in other forms as required by 
law and as determined appropriate by the lieutenant governor;
(v)
receive and answer election questions and maintain an election file on opinions 
received from the attorney general;
(vi)
maintain a current list of registered political parties as defined in Section 
20A-8-101
;
(vii)
maintain election returns and statistics;
(viii)
certify to the governor the names of individuals nominated to run for, or elected 
to, office;
(ix)
ensure that all voting equipment purchased by the state complies with the 
requirements of Sections 
20A-5-302
, 
20A-5-802
, 
and 
20A-5-803
, and 
20A-5-804
;
(x)
during a declared emergency, to the extent that the lieutenant governor determines 
it warranted, designate, as provided in Section 
20A-1-308
, a different method, 
time, or location relating to:
(A)
voting on election day;
(B)
early voting;
(C)
the transmittal or voting of an absentee ballot or military-overseas ballot;
(D)
the counting of an absentee ballot or military-overseas ballot; or
(E)
the canvassing of election returns; and
(xi)
exercise all other election authority, and perform other election duties, as 
provided in Title 20A, Election Code.
(b)
As chief election officer, the lieutenant governor:
(i)
shall oversee all elections, and functions relating to elections, in the state;
(ii)
shall, in accordance with Section 
20A-1-105
, take action to enforce compliance 
by an election officer with legal requirements relating to elections; and
(iii)
may not assume the responsibilities assigned to the county clerks, city recorders, 
town clerks, or other local election officials by Title 20A, Election Code.
(3)
(a)
The lieutenant governor shall:
(i)
determine a new municipality's classification under Section 
10-2-301
 upon the 
city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a 
Municipality, based on the municipality's population using the population estimate 
from the Utah Population Committee; and
(ii)
(A)
prepare a certificate indicating the class in which the new municipality 
belongs based on the municipality's population; and
(B)
within 10 days after preparing the certificate, deliver a copy of the certificate 
to the municipality's legislative body.
(b)
The lieutenant governor shall:
(i)
determine the classification under Section 
10-2-301
 of a consolidated municipality 
upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 
6, Consolidation of Municipalities, using population information from:
(A)
each official census or census estimate of the United States Bureau of the 
Census; or
(B)
the population estimate from the Utah Population Committee, if the 
population of a municipality is not available from the United States Bureau of 
the Census; and
(ii)
(A)
prepare a certificate indicating the class in which the consolidated 
municipality belongs based on the municipality's population; and
(B)
within 10 days after preparing the certificate, deliver a copy of the certificate 
to the consolidated municipality's legislative body.
(c)
The lieutenant governor shall monitor the population of each municipality using 
population information from:
(i)
each official census or census estimate of the United States Bureau of the Census; 
or
(ii)
the population estimate from the Utah Population Committee, if the population of 
a municipality is not available from the United States Bureau of the Census.
(d)
If the applicable population figure under Subsection (3)(b) or (c) indicates that a 
municipality's population has increased beyond the population for its current class, 
the lieutenant governor shall:
(i)
prepare a certificate indicating the class in which the municipality belongs based 
on the increased population figure; and
(ii)
within 10 days after preparing the certificate, deliver a copy of the certificate to 
the legislative body of the municipality whose class has changed.
(e)
(i)
If the applicable population figure under Subsection (3)(b) or (c) indicates that 
a municipality's population has decreased below the population for its current 
class, the lieutenant governor shall send written notification of that fact to the 
municipality's legislative body.
(ii)
Upon receipt of a petition under Subsection 
10-2-302
(2) from a municipality 
whose population has decreased below the population for its current class, the 
lieutenant governor shall:
(A)
prepare a certificate indicating the class in which the municipality belongs 
based on the decreased population figure; and
(B)
within 10 days after preparing the certificate, deliver a copy of the certificate 
to the legislative body of the municipality whose class has changed.
Section 31, 
Repealer.
Registration by provisional ballot.
Section 32. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
2-7-25 1:14 PM