Voting Equipment Amendments

23
20A-5-801
20A-5-802
20A-5-803
20A-5-302
67-1a-2
1
Voting Equipment Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Paul A. Cutler
Senate Sponsor: Ronald M. Winterton
LONG TITLE
General Description:
This bill amends provisions related to voting equipment.
Highlighted Provisions:
This bill:
except for an electronic pollbook or official register, requires an election officer to ensure
that all voting equipment used in this state is not capable of wireless communication;
repeals a provision governing the certification of voting equipment used in ranked-choice
voting;
prohibits an election officer from acquiring voting equipment that is not part of the new
voting equipment system selected for purchase by the lieutenant governor;
provides that the Voting Equipment Selection Committee shall assist the lieutenant
governor in:
conducting a competitive procurement for a new voting equipment system; and
ensuring that the new voting equipment system complies with the requirements for
casting a mechanical ballot; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
20A-5-801
, as last amended by Laws of Utah 2020, Chapter 31
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
67-1a-2
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
RENUMBERS AND AMENDS:
20A-5-805
, (Renumbered from 20A-5-302, as last amended by Laws of Utah 2023,
Chapter 15)
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-5-801
is amended to read:
20A-5-801
. Definitions.
As used in this part:
(1)
"New voting equipment system" means voting equipment that is operated in a
materially different way or that functions in a materially different way than the
equipment being replaced.
(2)
"Voting equipment" means the following equipment used for an election:
(a)
automatic tabulating equipment;
(b)
a voting device;
or
(c)
a voting machine
.
; or
(d)
any component of the equipment described in Subsections
(2)(a)
through
(c)
.
Section 2. Section
20A-5-802
is amended to read:
20A-5-802
. Certification of voting equipment.
(1)
(a)
For the voting equipment used in the jurisdiction over which an election officer
has authority, the election officer shall:
(a)
(i)
before each election, use logic and accuracy tests to ensure that the voting
equipment performs the voting equipment's functions accurately;
(b)
(ii)
develop and implement a procedure to protect the physical security of the
voting equipment;
and
(iii)
except as provided in Subsection
(1)(b)
, ensure that the voting equipment is not
capable of wireless communication; and
(c)
(iv)
ensure that the voting equipment is certified by the lieutenant governor
under Subsection
(2)
as having met the requirements of this section.
(b)
Subsection
(1)(a)(iii)
does not apply to an electronic pollbook or official register.
(2)
(a)
Except as provided in Subsection
(2)(b)(ii)
:
(i)
(a)
the
The
lieutenant governor shall ensure that all voting equipment used in the
state is independently tested using security testing protocols and standards that:
(A)
(i)
are generally accepted in the industry at the time the lieutenant governor
reviews the voting equipment for certification; and
(B)
(ii)
meet the requirements of Subsection
(2)(a)(ii);
(2)(b)
.
(ii)
(b)
the
The
testing protocols and standards described in Subsection
(2)(a)(i)
(2)(a)

shall require that a voting system:
(A)
(i)
is accurate and reliable;
(B)
(ii)
possesses established and maintained access controls;
(C)
(iii)
has not been fraudulently manipulated or tampered with;
(D)
(iv)
is able to identify fraudulent or erroneous changes to the voting equipment;
and
(E)
(v)
protects the secrecy of a voter's ballot
; and
.
(iii)
(c)
The lieutenant governor may comply with the requirements of
Subsection
Subsections

(2)(a)

and (b)
by certifying voting equipment that has been certified by:
(A)
(i)
the United States Election Assistance Commission; or
(B)
(ii)
a laboratory that has been accredited by the United States Election
Assistance Commission to test voting equipment.
(b)
(i)
Voting equipment 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 3. Section
20A-5-803
is amended to read:
20A-5-803
. Voting Equipment Selection Committee.
(1)
Beginning on May 6, 2026, if, under this section, an election officer selects for purchase
a new voting equipment system, an election officer may not acquire any voting
equipment that is not part of the new voting equipment system.
(1)
(2)
Before selecting or purchasing a new voting equipment system, the lieutenant
governor shall
appoint a Voting Equipment Selection Committee consisting of
individuals who collectively have knowledge and experience in
:
(a)
appoint a Voting Equipment Selection Committee; and
(b)
(a)
ensure that the committee includes persons having experience in:
election
procedures and administration;
(i)
election procedures and administration;
(ii)
(b)
computer technology;
(iii)
(c)
data security;
(iv)
(d)
auditing; and
(v)
(e)
access for persons with disabilities.
(2)
(3)
A member
of the committee
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)
(4)
The lieutenant governor shall
select
appoint
a chair from the committee
membership.
(4)
(5)
The lieutenant governor may fill any vacancies that occur on the committee.
(5)
(6)
The Office of the Lieutenant Governor shall provide staffing for the committee.
(6)
(7)
The Voting Equipment Selection Committee shall:
(a)
evaluate new voting equipment systems proposed for purchase by the state
assist the
lieutenant governor in conducting a competitive procurement under Title 63G,
Chapter 6a, Utah Procurement Code, for the new voting equipment system
; and
(b)
provide information and recommendations to assist the lieutenant governor with the
purchase of new voting equipment systems
ensure that the new voting equipment
system proposed for purchase by an evaluation committee under Subsection
63G-6a-707(10)
complies with the requirements for casting a mechanical ballot
under Section
20A-5-805
.
(7)
(8)
The lieutenant governor may designate individuals, including committee members,
to inspect and review proprietary software as part of an evaluation of
each
new voting
equipment
systems
system
under consideration for purchase.
(8)
(9)
Before
making any selection or purchase
an evaluation committee evaluates the
proposals for the new voting equipment system under Section
63G-6a-707
, the
lieutenant governor shall provide for a period of public review and comment on
each
new voting equipment
systems
system
under consideration for purchase by the state.
Section 4. Section
20A-5-805
, which is renumbered from Section 20A-5-302 is renumbered
and amended to read:
20A-5-302
20A-5-805
. 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 shall
The 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 5. 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
,
20A-5-802.5
, and
20A-5-803
20A-5-802
,
20A-5-802.5
,
20A-5-803
, and
20A-5-805
;
(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 for each
municipality from:
(A)
the estimate of the Utah Population Committee created in Section
63C-20-103
;
or
(B)
if the Utah Population Committee estimate is not available, the census or
census estimate of 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)
the estimate of the Utah Population Committee created in Section
63C-20-103
; or
(ii)
if the Utah Population Committee estimate is not available, the census or census
estimate of 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 6.
Effective Date.
This bill takes effect on
May 6, 2026
.
2-9-26 10:27 AM