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H.B. 67
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MILITARY AND OVERSEAS CITIZENS
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ABSENTEE VOTER AMENDMENTS
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2006 GENERAL SESSION
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STATE OF UTAH
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Chief Sponsor: Stephen H. Urquhart
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Senate Sponsor:
Dan R. Eastman
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LONG TITLE
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General Description:
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This bill modifies the Election Code by amending provisions for registration and voting
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by certain military and overseas citizen voters.
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Highlighted Provisions:
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This bill:
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. allows military and overseas voters who are currently deployed in hostile fire zones
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or areas where mail service is reliable to register, obtain an absentee ballot, and vote
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through electronic transmission;
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. provides definitions for the federal postcard application form and hostile fire zones;
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. requires the eligible voters to file the federal postcard application form no later than
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20 days before the day of the election;
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. provides procedures for the electronic transmission and receipt of forms and ballots
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by the county clerks;
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. requires the eligible voters to waive their right to a secret ballot and to affirm that
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they are currently deployed in a hostile fire zone or other area where the mail
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service is unreliable; and
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. makes technical changes.
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Monies Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected:
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AMENDS:
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20A-3-403, as enacted by Chapter 1, Laws of Utah 1993
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ENACTS:
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20A-3-408.5, 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-3-403
is amended to read:
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20A-3-403. Definitions.
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As used in this part:
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(1) (a) "Ballot," "disabled voter's ballot" and "official Utah military ballot" means the
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same ballots that will be submitted to and used by other voters of Utah at the primary or
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general election.
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(b) "Ballot" includes any official federal ballot provided by any Act of Congress to
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allow voting by voters in the military service of the United States.
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(2) "Federal postcard application form" means the form created by the Federal Voting
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Assistance Program (FVAP) which allows military and overseas citizens to register to vote and
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apply for an absentee ballot.
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(3) "Hostile fire zone" means a geographical area in which forces are assigned on
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official temporary duty and placed in imminent danger of being exposed to hostile fire or
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explosion of hostile mines.
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[(2)] (4) "Military voter" means each person who is qualified as a voter under the Utah
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Constitution and laws or who is eligible for registration and who would, by registration, be
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qualified to vote, and who is:
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(a) a member of the armed forces of the United States while in the active service or is
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the spouse or dependent of that member;
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(b) a member of the merchant marine of the United States or is the spouse or dependent
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of that member;
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(c) a civilian employee of the United States in all categories who is serving outside the
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territorial limits of the United States whether or not the employee is subject to the civil service
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laws and the Classification Act of 1949, and whether or not the employee is paid from funds
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appropriated by the Congress or is the spouse or dependent of that member when residing with
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or accompanying them; and
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(d) a member of religious groups or welfare agencies assisting members of the armed
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forces, who is officially attached to and serving with the armed forces, or is the spouse or
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dependent of that member.
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[(3)] (5) "Overseas citizen voter" means:
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(a) a member of the armed forces of the United States while in the active service or the
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spouse or dependent of that member;
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(b) a member of the merchant marines of the United States or the spouse or dependent
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of that member; and
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(c) a citizen of the United States residing outside the territorial limits of the United
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States or the spouse or dependent of that member when residing with them or accompanying
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them.
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Section 2.
Section
20A-3-408.5
is enacted to read:
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20A-3-408.5. Electronic registration and voting by military and overseas citizen
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voters in a hostile fire zone -- Procedures for accepting and processing a federal postcard
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application form -- Returned ballot.
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(1) A military voter, an overseas citizen voter, or other voter covered under the federal
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Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) shall be allowed to
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transmit their federal postcard application form electronically to the county clerk in their
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county of residence if the voter is currently deployed in:
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(a) a hostile fire zone; or
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(b) other area where the mail service is unreliable and not sufficient to accommodate
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timely mail service.
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(2) A voter covered under Subsection (1), shall file the federal postcard application
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form no later than 20 days before the day of the election in accordance with Subsection
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20A-3-304
(3)(a)(ii).
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(3) Upon receiving a federal postcard application form under this section a county clerk
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shall review the federal postcard application form to verify:
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(a) compliance with this section; and
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(b) that the form has been properly completed and signed.
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(4) Upon a determination of compliance under Subsection (3), a county clerk shall:
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(a) register the voter, unless the voter is already registered;
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(b) process the absentee ballot request; and
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(c) electronically transmit a ballot to the voter who filed the federal postcard
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application form.
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(5) A voter who receives a ballot under this section may transmit the ballot
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electronically to the county clerk in their county of residence if the voter:
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(a) agrees to waive the right to a secret ballot in accordance with this section; and
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(b) affirms in writing that the voter is currently deployed in:
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(i) a hostile fire zone; or
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(ii) other area where the mail service is unreliable and not sufficient to accommodate
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timely mail service.
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(6) The electronically transmitted ballot shall be accompanied by the following
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statements: "I understand that by electronically transmitting my voted ballot I am voluntarily
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waiving my right to a secret ballot. Signature of voter ________________ Date _______"; and
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"I affirm that I am currently deployed in a hostile fire zone" or
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"I affirm that I am currently deployed in an area where mail service is unreliable and not
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sufficient to accommodate timely mail service."
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(7) Notwithstanding the provisions of Subsections (5) and (6), the completed ballot
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transmitted under this section is considered a private record under Title 63, Chapter 2,
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Government Records Access and Management Act.
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(8) A ballot transmitted under Subsection (5) shall be:
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(a) transmitted no later than the date that is one day before the election day in
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accordance with Section
20A-3-406
; and
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(b) received by the county clerk before the date of the official canvass in accordance
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with Subsection
20A-3-306
(2)(b).
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(9) Upon the receipt of an electronically transmitted ballot under this section, a county
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clerk shall:
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(a) verify the voter's signature from the federal postcard application form and ensure
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that it matches the voter's signature on the return ballot;
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(b) duplicate the electronically transmitted ballot onto a regular ballot used by the
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county for resident voters; and
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(c) maintain the electronically transmitted ballot for 22 months in accordance with
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Subsection
20A-4-202
(2).
Legislative Review Note
as of 11-29-05 2:27 PM
Based on a limited legal review, this legislation has not been determined to have a high
probability of being held unconstitutional.