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S.B. 68
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VOTER IDENTIFICATION REQUIREMENTS
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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 requirements for voter identification in
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voting procedures, disposition of absentee ballots, and other election processes.
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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-3-104, as last amended by Chapter 177, Laws of Utah 2002
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20A-3-305, as last amended by Chapter 167, Laws of Utah 2002
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20A-3-308, as last amended by Chapter 340, Laws of Utah 1995
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20A-3-401, as last amended by Chapter 228, Laws of Utah 1993
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Be it enacted by the Legislature of the state of Utah:
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Section 1.
Section
20A-3-104
is amended to read:
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20A-3-104. Manner of voting.
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(1) (a) Any registered voter desiring to vote shall give his name, and, if requested, his
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residence, to one of the election judges.
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(b) If an election judge does not know the person requesting a ballot and has reason to
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doubt that person's identity, the judge shall request identification or have the voter identified by
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a known registered voter of the district.
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(c) If the voter is voting for the first time in the jurisdiction or is otherwise required to
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present proof of identity or proof of residence as indicated by a notation in the official register,
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the election judge shall request proof of identity or proof of residence from the voter.
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(d) If the election judge is satisfied that the voter has established proof of identity and
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proof of residence, the election judge shall:
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(i) record the type of proof of identity or proof of residence provided by the voter in the
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appropriate space in the official register; and
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(ii) follow the procedures of Subsection (3).
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(e) If the election judge is not satisfied that the voter has established proof of identity
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or proof of residence, the election judge shall:
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(i) indicate on the official register that the voter failed to provide adequate proof of
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identity or proof of residence;
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(ii) issue the voter a provisional ballot; and
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(iii) follow the procedures and requirements of Section
20A-3-105.5
.
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[(c)] (f) If the person's right to vote is challenged as provided in Section
20A-3-202
, the
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judge shall follow the procedures and requirements of Section
20A-3-105.5
.
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(2) (a) When the voter is properly identified, the election judge in charge of the official
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register shall check the official register to determine whether or not the person is registered to
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vote.
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(b) If the voter's name is not found on the official register, the election judge shall
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follow the procedures and requirements of Section
20A-3-105.5
.
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(3) If the election judge determines that the voter is registered:
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(a) the election judge in charge of the official register shall:
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(i) write the ballot number opposite the name of the voter in the official register; and
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(ii) 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) hand the voter a ballot; and
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(iv) allow the voter to enter the voting booth.
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(4) Whenever the election officer is required to furnish more than one kind of official
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ballot to the voting precinct, the election judges of that voting precinct shall give the registered
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voter the kind of ballot that the voter is qualified to vote.
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Section 2.
Section
20A-3-305
is amended to read:
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20A-3-305. Mailing of ballot to voter -- Enclose self-addressed envelope --
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Affidavit.
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(1) Upon timely receipt of an absentee voter application properly filled out and signed,
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or as soon after receipt of the application as the official absentee ballots for the voting precinct
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in which the applicant resides have been printed, the election officer shall either:
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(a) give the applicant an official absentee ballot and envelope to vote in the office; or
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(b) mail an official absentee ballot, postage paid, to the absentee voter and enclose an
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envelope printed as required in Subsection (2).
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(2) The election officer shall ensure that:
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(a) the name, official title, and post office address of the election officer is printed on
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the front of the envelope; and
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(b) a printed affidavit in substantially the following form is printed on the back of the
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envelope:
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"County of ____ State of ____
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I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
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in ____ County, Utah; I am entitled to vote in that voting precinct at the next election; and I am
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entitled by law to vote an absentee ballot. I am not a convicted felon currently incarcerated for
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commission of a felony.
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______________________________
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Signature of Absentee Voter"
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(3) If the election officer determines that the absentee voter is required to show proof
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of identity or proof of residence as indicated in the official register, the election officer shall:
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(a) issue the voter a provisional ballot in accordance with Section
20A-3-105.5
;
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(b) instruct the voter to include a valid form of proof of identity and proof of residence
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with the return ballot;
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(c) provide the voter clear instructions on how to vote a provisional ballot; and
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(d) comply with the requirements of Subsection (2).
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Section 3.
Section
20A-3-308
is amended to read:
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20A-3-308. Absentee ballots in the custody of election judges -- Disposition.
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(1) (a) Voting precinct election judges shall open envelopes containing absentee ballots
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that are in their custody on election day at the polling places during the time the polls are open
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as provided in this Subsection (1).
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(b) The election judges shall:
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(i) first, open the outer envelope only; and
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(ii) compare the signature of the voter on the application with the signature on the
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affidavit.
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(2) (a) The judges shall carefully open and remove the absentee voter envelope so as
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not to destroy the affidavit on the envelope if they find that:
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(i) the affidavit is sufficient;
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(ii) the signatures correspond; and
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(iii) the applicant is registered to vote in that voting precinct and has not voted in that
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election.
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(b) If, after opening the absentee voter envelope, the judge finds that a provisional
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ballot envelope is enclosed and the voter has included proof of identity and proof of residence,
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the election judge shall:
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(i) record the type of proof of identity and proof of residence provided by the voter in
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the appropriate space in the official register;
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(ii) record the provisional ballot envelope number on the official register; and
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(iii) place the provisional ballot envelope with the other provisional ballot envelopes to
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be transmitted to the county clerk.
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(c) If, after opening the absentee voter envelope, the judge finds that a provisional
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ballot envelope is enclosed, and that the voter has not included proof of identity and proof of
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residence, the election judge shall:
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(i) record in the official register that the voter did not include proof of identity and
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proof of residence;
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(ii) record the provisional ballot number in the official register; and
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(iii) place the provisional ballot envelope with the other provisional ballot envelopes to
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be transmitted to the county clerk.
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[(b) The] (d) If the absentee ballot is not a provisional ballot, the election judges shall:
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(i) remove the absentee ballot from the envelope without unfolding it or permitting it to
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be opened or examined;
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(ii) initial the stub in the same manner as for other ballots;
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(iii) remove the stub from the ballot;
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(iv) deposit the ballot in the ballot box; and
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(v) mark the official register and pollbook to show that the voter has voted.
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(3) If the election judges determine that the affidavit is insufficient, or that the
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signatures do not correspond, or that the applicant is not a registered voter in the voting
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precinct, they shall:
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(a) disallow the vote; and
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(b) without opening the absentee voter envelope, mark across the face of the envelope:
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(i) "Rejected as defective"; or
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(ii) "Rejected as not a registered voter."
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(4) The election judges shall deposit the absentee voter envelope, when the absentee
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ballot is voted, and the absentee voter envelope with its contents unopened when the absent
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vote is rejected, in the ballot box containing the ballots.
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(5) The election officer shall retain and preserve the absentee voter envelopes in the
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manner provided by law for the retention and preservation of official ballots voted at that
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election.
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Section 4.
Section
20A-3-401
is amended to read:
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20A-3-401. Intent and purpose of part.
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(1) Each election officer, election official, and judge shall liberally interpret and apply
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this part to:
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(a) make it possible for Utah voters living or serving abroad to vote in county, state,
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and national elections during their absence;
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(b) enable these voters to register more conveniently; [and]
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(c) conform to 42 U.S.C. 1973ff, Uniformed and Overseas Citizens Absentee Voting
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Act[.]; and
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(d) exempt overseas and military voters from the proof of identity and proof of
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residence requirements of Section
20A-3-308
in accordance with Public Law 107-252, the
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Help America Vote Act of 2002.
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(2) The state selective service, all military organizations, and citizens and officers of
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Utah or of the respective counties and municipalities of the state shall cooperate with the
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election and party officers in carrying out the intent and purpose of this part.
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(3) All state and county officers of Utah shall:
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(a) do all things and perform all acts necessary to put into effect the provisions of any
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Act of Congress or this state allowing uniformed and overseas citizen voters to vote; and
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(b) permit the use of any official ballot authorized by any Act of Congress and this part
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as a ballot supplementary to the official Utah election military ballot.
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(4) Each provision of this part prevails over any inconsistent provision of any other
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statute or any part of any statute.
Legislative Review Note
as of 1-29-03 6:47 PM
A limited legal review of this legislation raises no obvious constitutional or statutory concerns.