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S.B. 55
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PROVISIONAL BALLOT AMENDMENTS
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2003 GENERAL SESSION
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STATE OF UTAH
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Sponsor: Dan R. Eastman
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This act modifies the Election Code by changing the requirements for preparing, voting,
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counting, and otherwise administering provisional ballots. The act also requires county
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clerks to implement a system to inform voters who have cast a provisional ballot whether
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or not their vote was counted. This act provides an effective date.
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This act affects sections of Utah Code Annotated 1953 as follows:
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AMENDS:
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20A-2-102, as enacted by Chapter 1, Laws of Utah 1993
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20A-2-307, as last amended by Chapter 177, Laws of Utah 2002
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20A-3-105.5, as enacted by Chapter 177, Laws of Utah 2002
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20A-4-107, as enacted by Chapter 177, Laws of Utah 2002
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20A-6-105, as enacted by Chapter 177, Laws of Utah 2002
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ENACTS:
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20A-6-105.5, Utah Code Annotated 1953
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-2-102
is amended to read:
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20A-2-102. Registration a prerequisite to voting.
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[A] (1) Except as provided in Subsection (2), a person may not vote at any election
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unless that person is registered to vote as required by this chapter.
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(2) A person may vote a provisional ballot as provided in Section
20A-2-307
for:
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(a) a regular general election;
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(b) a regular primary election; or
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(c) an election for federal office.
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Section 2.
Section
20A-2-307
is amended to read:
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20A-2-307. County clerks' instructions to election judges.
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(1) Each county clerk shall instruct election judges to allow a voter to vote a regular
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ballot if:
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(a) the voter has moved from one address within a voting precinct to another address
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within the same voting precinct; and
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(b) the voter affirms the change of address orally or in writing before the election
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judges.
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(2) Each county clerk shall instruct election judges to allow a person to vote a
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provisional ballot if:
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[(a) the voter is registered to vote in another voting precinct but has changed residence
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to the election judge's voting precinct and has not registered to vote in that voting precinct;
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and]
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[(b) the election judge's voting precinct is in the same county and congressional district
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as the voter's previous voting precinct.]
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(a) the voter's name does not appear on the official register; or
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(b) the voter is challenged as provided in Section
20A-3-202
.
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Section 3.
Section
20A-3-105.5
is amended to read:
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20A-3-105.5. Manner of voting -- Provisional ballot.
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(1) As used in this section:
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(a) "Proof of identity" means some form of photo identification, such as a driver
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license or identification card, that establishes a person's identity.
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(b) "Proof of residence" means some official document or form, such as a driver
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license or utility bill that establishes a person's residence.
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(2) The election judges shall follow the procedures and requirements of this section
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when:
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(a) the person's right to vote is challenged as provided in Section
20A-3-202
; or
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(b) the person's name is not found on the official register.
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(3) When faced with one of the circumstances outlined in Subsection (2), the election
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judge shall:
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(a) request that the person provide proof of identity and proof of [residency] residence;
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and
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(b) review the proof of identity and proof of [residency] residence provided by the
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person.
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(4) If the election judge is satisfied that the person has established their identity and
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their residence in the voting precinct:
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(a) the election judge in charge of the official register shall:
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(i) record in the official register the type of source documents that established the
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person's proof of identity and proof of [residency] residence;
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(ii) write the provisional ballot envelope number opposite the name of the voter in the
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official register; and
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(iii) direct the voter to sign his name in the election column in the official register;
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(b) another judge shall list the ballot number and voter's name in the pollbook; and
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(c) the election judge having charge of the ballots shall:
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(i) endorse his initials on the stub;
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(ii) check the name of the voter on the pollbook list with the number of the stub;
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(iii) give the voter a ballot and a provisional ballot envelope; and
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(iv) allow the voter to enter the voting booth.
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(5) If the election judge is not satisfied that the voter has provided sufficient proof of
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identity and proof of residence:
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(a) the election judge in charge of the official register shall:
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(i) record in the official register that the voter did not provide adequate proof of
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identity and proof of residence;
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(ii) write the provisional ballot envelope number opposite the name of the voter in the
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official register; and
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(iii) direct the voter to sign his name in the election column in the official register;
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(b) another judge shall list the ballot number and voter's name in the pollbook; and
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(c) the election judge having charge of the ballots shall:
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(i) endorse his initials on the stub;
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(ii) check the name of the voter on the pollbook list with the number of the stub;
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(iii) give the voter a ballot and a provisional ballot envelope; and
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(iv) allow the voter to enter the voting booth.
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[(5)] (6) Whenever the election officer is required to furnish more than one kind of
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official ballot to a voting precinct, the election judges of that voting precinct shall give the
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registered voter the kind of ballot that the voter is qualified to vote.
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Section 4.
Section
20A-4-107
is amended to read:
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20A-4-107. Review and disposition of provisional ballot envelopes.
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(1) As used in this section, a voter is "legally entitled to vote" if:
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(a) the voter:
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(i) is registered to vote in the county;
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(ii) resides within the voting precinct where the voter seeks to vote; and
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(iii) provided sufficient proof of identity and proof of residence to the election judge as
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indicated by a notation in the official register;
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(b) the voter:
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(i) is registered to vote in the county; and
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(ii) did not vote in the voter's precinct of residence, but the ballot that the voter voted is
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identical to the ballot voted in the voter's precinct of residence; or
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(c) the voter:
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(i) is registered to vote in the county;
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(ii) the judge recorded in the official register that the voter either failed to provide
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proof of identity and proof of residence or the proof of identity and proof of residence was
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inadequate; and
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(iii) the county clerk verifies the voter's proof of identity and proof of residence
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through some other means.
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[(1)] (2) (a) Upon receipt of provisional ballot envelopes, the election officer shall
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review the affirmation on the face of each provisional ballot envelope and determine if the
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person signing the affirmation is a registered voter and legally entitled to vote the ballot that the
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voter voted.
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(b) If the election officer determines that the person is not a registered voter or is not
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legally entitled to vote the ballot that the voter voted, the election officer shall retain the ballot
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envelope, unopened, for the period specified in Section
20A-4-202
unless ordered by a court to
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produce or count it.
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(c) If the election officer determines that the person is a registered voter and is legally
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entitled to vote the ballot that the voter voted, the election officer shall remove the ballot from
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the provisional ballot envelope and place the ballot with the absentee ballots to be counted with
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those ballots at the canvass.
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(d) The election officer may not count, or allow to be counted a provisional ballot
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unless the voter's proof of identity and proof of residence is established by a preponderance of
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the evidence.
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[(2)] (3) If the election officer determines that the person is a registered voter, the
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election officer shall ensure that the voter registration records are updated to reflect the
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information provided on the provisional ballot envelope.
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(4) If the election officer determines that the person is not a registered voter and the
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information on the provisional ballot envelope is complete, the election officer shall:
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(a) consider the provisional ballot envelope a voter registration form; and
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(b) register the voter.
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Section 5.
Section
20A-6-105
is amended to read:
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20A-6-105. Provisional ballot envelopes.
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(1) Each election officer shall ensure that provisional ballot envelopes are printed in
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substantially the following form:
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"AFFIRMATION
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Are you a citizen of the United States of America? Yes No
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Will you be 18 years old on or before election day? Yes No
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If you checked "no" in response to either of the two above questions, do not complete this
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form.
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Name of Voter _________________________________________________________
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First Middle Last
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Driver License or Identification Card Number _________________________________
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State of Issuance of Driver License of Identification Card Number
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________ ___________ ________ _______
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Date of Birth ___________________________________________________________
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Street Address of Principal Place of Residence
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______________________________________________________________________
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City County State Zip Code
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Telephone Number (optional) ______________________________________________
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Last four digits of Social Security Number [(optional)]
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____________________________
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Place of Birth
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___________________________________________________________
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Last former address at which I was registered to vote (if known)
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______________________________________________________________________
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City County State Zip Code
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Voting Precinct (if known)
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_________________________________________________
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I, (please print your full name)__________________________do solemnly swear or
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affirm:
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1. that I am currently registered to vote in ______________________, County, Utah;
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that I have not moved out of the county since the date of the original registration; that I have
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not voted in this election in any other precinct; and that I request that I be permitted to vote in
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this election in this precinct;
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2. that on or about____________________(Date), I completed a voter registration
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application at_______________________________(please indicate the office at which you
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completed the voter registration application, for example, Human Services, Driver License,
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etc., or, if you filled out a mail-in registration form, please indicate.);
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3. that I have previously registered to vote in __________________, County, Utah; that
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I have not resided outside of that county since completing that registration; and that I am
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entitled to vote today; and
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4. subject to penalty of law for false statements, that the information contained in this
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form is true, and that I am a citizen of the United States and a resident of Utah, residing at the
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above address; and that I am at least 18 years old and have resided in Utah for the 30 days
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immediately before this election.
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Signed ______________________________________________________________________
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Dated
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_______________________________________________________________________"
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(2) The provisional ballot envelope shall include:
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(a) a unique number;
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(b) a detachable part that includes the unique number; and
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(c) a telephone number, internet address, or other indicator of a means, in accordance
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with Section
20A-6-105.5
, where the voter can find out if the provisional ballot was counted.
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Section 6.
Section
20A-6-105.5
is enacted to read:
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20A-6-105.5. Voter access to provisional ballot information.
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Each county clerk shall implement, through an internet website, toll-free telephone
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number, or other means, a system where an individual who voted a provisional ballot may, free
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of charge, determine if the voter's vote was counted, and, if the vote was not counted, the
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reason the vote was not counted.
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Section 7. Effective date.
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This act takes effect on May 5, 2003, except that Sections
20A-6-105
and
20A-6-105.5
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take effect on May 1, 2004.
Legislative Review Note
as of 1-22-03 2:20 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.