Voting Amendments

28
20A-1-102
20A-2-101.1
20A-2-104
20A-2-108
20A-2-204
20A-2-206
20A-2-304
20A-2-508
20A-3a-201.5
20A-3a-202
20A-3a-203
20A-3a-401
20A-4-107
20A-6-105
63G-2-301
63G-2-302
20A-1-102
20A-2-101.1
20A-2-104
20A-2-108
20A-2-204
20A-2-206
20A-2-304
20A-2-508
20A-3a-201.5
20A-3a-202
20A-3a-203
20A-3a-401
20A-4-107
20A-6-105
63G-2-301
63G-2-302
0
Voting Amendments
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: A. Cory Maloy
Senate Sponsor: Ronald M. Winterton

Cosponsor:
Matthew H. Gwynn
Jake Sawyer
Carl R. Albrecht
Ken Ivory
Mike Schultz
Tiara Auxier
Jill Koford
David Shallenberger
Bridger Bolinder
Jason B. Kyle
Troy Shelley
Walt Brooks
Trevor Lee
Lisa Shepherd
Jefferson S. Burton
Karianne Lisonbee
Casey Snider
Kristen Chevrier
Matt MacPherson
Andrew Stoddard
Kay J. Christofferson
Nicholeen P. Peck
Mark A. Strong
Tyler Clancy
Michael J. Petersen
Christine F. Watkins
Paul A. Cutler
Thomas W. Peterson
Stephen L. Whyte
Doug Fiefia
Val L. Peterson
Ryan D. Wilcox
Stephanie Gricius
Candice B. Pierucci
LONG TITLE
General Description:
This bill amends provisions relating to voting.
Highlighted Provisions:
This bill:
defines terms;
provides a process for an election officer to independently determine whether a registered
voter is not a citizen of the United States;
provides a process to challenge a determination described in the preceding paragraph;
prohibits an individual from voting if an election officer independently determines that
the voter is not a citizen of the United States and the individual does not successfully
dispute the determination;
creates a bifurcated ballot system where, for an election held on or after November 1,
2026:
a voter chooses whether to provide documentary proof of United States citizenship
when registering to vote or before voting; and
a voter who does not provide documentary proof of United States citizenship may only
vote in races for federal office;
modifies voter registration forms and requirements consistent with the bifurcated ballot
system;
establishes procedures for administration of the bifurcated ballot system;
establishes or modifies deadlines to cure a ballot or to provide proof of citizenship, as
needed, for a rejected ballot or a provisional ballot;
modifies voter registration list requirements in relation to the bifurcated ballot system; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
This bill provides a special effective date.
Utah Code Sections Affected:
AMENDS:
20A-1-102
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-2-101.1
, as last amended by Laws of Utah 2025, Chapter 448
20A-2-104
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-2-108
, as last amended by Laws of Utah 2025, Chapter 381
20A-2-204
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-2-206
, as last amended by Laws of Utah 2025, Chapter 381
20A-2-304
, as last amended by Laws of Utah 2025, Chapter 448
20A-3a-202
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-3a-203
, as last amended by Laws of Utah 2025, Chapters 381, 448
20A-3a-401
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-4-107
, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
20A-6-105
, as last amended by Laws of Utah 2025, Chapters 381, 448
63G-2-301
, as last amended by Laws of Utah 2025, First Special Session, Chapter 9
63G-2-302
, as last amended by Laws of Utah 2025, Chapter 172
ENACTS:
20A-2-508
, Utah Code Annotated 1953
20A-3a-201.5
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
20A-1-102
is amended to read:
20A-1-102
. Definitions.
As used in this title:
(1)
"Active voter" means a registered voter who has not been classified as an inactive voter
by the county clerk.
(2)
"Automatic tabulating equipment" means apparatus that automatically examines and
counts votes recorded on ballots and tabulates the results.
(3)
(a)
"Ballot" means the storage medium, including a paper, mechanical, or electronic
storage medium, that records an individual voter's vote.
(b)
"Ballot" does not include a record to tally multiple votes.
(4)
"Ballot proposition" means a question, issue, or proposal that is submitted to voters on
the ballot for their approval or rejection including:
(a)
an opinion question specifically authorized by the Legislature;
(b)
a constitutional amendment;
(c)
an initiative;
(d)
a referendum;
(e)
a bond proposition;
(f)
a judicial retention question;
(g)
an incorporation of a city or town; or
(h)
any other ballot question specifically authorized by the Legislature.
(5)
"Bind," "binding," or "bound" means securing more than one piece of paper together
using staples or another means in at least three places across the top of the paper in the
blank space reserved for securing the paper.
(6)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
"Bond election" means an election held for the purpose of approving or rejecting the
proposed issuance of bonds by a government entity.
(8)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is not
a holiday.
(9)
"Business reply mail envelope" means an envelope that may be mailed free of charge by
the sender.
(10)
"Calendar day" means any day, regardless of whether the day is a weekend, a holiday,
a business day, or any other type of day.
(11)
"Canvass" means the review of election returns and the official declaration of election
results by the board of canvassers.
(12)
"Canvassing judge" means a poll worker designated to assist in counting ballots at the
canvass.
(13)
"Contracting election officer" means an election officer who enters into a contract or
interlocal agreement with a provider election officer.
(14)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
"Counting judge" means a poll worker designated to count the ballots during election
day.
(17)
"Counting room" means a suitable and convenient private place or room for use by the
poll workers and counting judges to count ballots.
(18)
"County officers" means those county officers that are required by law to be elected.
(19)
"Date of the election" or "election day" or "day of the election":
(a)
means the day that is specified in the calendar year as the day on which the election
occurs; and
(b)
does not include:
(i)
deadlines established for voting by mail, military-overseas voting, or emergency
voting; or
(ii)
any early voting or early voting period as provided under Chapter
3a, Part 6
,
Early Voting.
(20)
"Documentary proof of United States citizenship" means:
(a)
a Utah driver license number that verifies United States citizenship;
(b)
a Utah state identification card number that verifies United States citizenship;
(c)
a legible copy of an individual's birth certificate that verifies United States
citizenship;
(d)
a legible copy of the pages of an individual's United States passport that identifies
the individual and the individual's passport number;
(e)
an alien registration number that verifies United States citizenship;
(f)
a legible copy of the voter's United States naturalization documents;
(g)
a Bureau of Indian Affairs card number, tribal treaty card number, or tribal
enrollment number;
(h)
a legible copy of a certificate of degree of Indian blood or a Bureau of Indian Affairs
affidavit of birth;
(i)
verification of citizenship from the Systematic Alien Verification for Entitlements
program, operated by the United States Department of Homeland Security; or
(j)
other documents or methods of proving United States citizenship that are established
in accordance with the Immigration Reform and Control Act of 1986.
(20)
(21)
"Elected official" means:
(a)
a person elected to an office under Section
20A-1-303
or Chapter
4, Part 6
,
Municipal Alternate Voting Methods Pilot Project;
(b)
a person who is considered to be elected to a municipal office in accordance with
Subsection
20A-1-206(1)(c)(ii)
; or
(c)
a person who is considered to be elected to a special district office in accordance
with Subsection
20A-1-206(3)(b)(ii)
.
(21)
(22)
"Election" means a regular general election, a municipal general election, a
statewide special election, a local special election, a regular primary election, a
municipal primary election, and a special district election.
(22)
(23)
"Election Assistance Commission" means the commission established by the
Help America Vote Act of 2002, Pub. L. No. 107-252.
(23)
(24)
"Election cycle" means the period beginning on the first day on which
individuals are eligible to file declarations of candidacy and ending when the canvass is
completed.
(24)
(25)
"Election judge" means a poll worker that is assigned to:
(a)
preside over other poll workers at a polling place;
(b)
act as the presiding election judge; or
(c)
serve as a canvassing judge, counting judge, or receiving judge.
(25)
(26)
"Election material" includes:
(a)
the verification documentation described in Subsection
20A-3a-401(9)(b)(iv)
;
(b)
the list of voters contacted to cure a ballot described in Subsection
20A-3a-401(10)(b)
;
(c)
the record of rejected and resolved ballots described in Subsection
20A-3a-401(11)(a)
;
(d)
any chain of custody documentation described in Section
20A-3a-401.1
, including:
(i)
the count of ballots described in Subsection
20A-3a-401.1(3)
; and
(ii)
the batch log described in Subsection
20A-3a-401.1(5)
;
(e)
the record of signature verification audits described in Subsection
20A-3a-402.5(4)
;
(f)
the affidavit of compliance described in Subsection
20A-3a-404(2)
;
(g)
the physical and electronic log of replicated ballots described in Subsection
20A-4-104(3)
;
(h)
the physical or electronic log of adjudicated ballots described in Section
20A-5-802.5
;
(i)
the record of voter database access described in Subsection
20A-5-905(2)
;
(j)
the reports on military and overseas voters described in Section
20A-16-202
;
(k)
scanned copies of return envelopes;
(l)
a copy of the final election results database described in Section
20A-5-802.5
; and
(m)
the materials used in the programming of the automatic tabulating equipment.
(26)
(27)
"Election officer" means:
(a)
the lieutenant governor, for all statewide ballots and elections;
(b)
the county clerk for:
(i)
a county ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(c)
the municipal clerk for:
(i)
a municipal ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
;
(d)
the special district clerk or chief executive officer for:
(i)
a special district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
; or
(e)
the business administrator or superintendent of a school district for:
(i)
a school district ballot and election; and
(ii)
a ballot and election as a provider election officer as provided in Section
20A-5-400.1
or
20A-5-400.5
.
(27)
(28)
"Election official" means any election officer, election judge, or poll worker.
(28)
(29)
"Election results" means:
(a)
for an election other than a bond election, the count of votes cast in the election and
the election returns requested by the board of canvassers; or
(b)
for bond elections, the count of those votes cast for and against the bond proposition
plus any or all of the election returns that the board of canvassers may request.
(29)
(30)
"Election results database" means the following information generated by voting
equipment:
(a)
one or more electronic files that contains a digital interpretation of each ballot that is
counted in an election;
(b)
a ballot image; and
(c)
other information related to a ballot that is adjudicated under Section
20A-4-105
.
(30)
(31)
"Election returns" means:
(a)
the pollbook;
(b)
the military and overseas absentee voter registration and voting certificates;
(c)
one of the tally sheets;
(d)
any unprocessed ballots;
(e)
all counted ballots;
(f)
all excess ballots;
(g)
all unused ballots;
(h)
all spoiled ballots;
(i)
all ballot disposition forms, including any provisional ballot disposition forms;
(j)
the final election results database described in Section
20A-5-802.5
;
(k)
all return envelopes;
(l)
any provisional ballot envelopes; and
(m)
the total votes cast form.
(31)
(32)
"Electronic signature" means an electronic sound, symbol, or process attached to
or logically associated with a record and executed or adopted by a person with the intent
to sign the record.
(33)
"Federal ballot" means a ballot that includes only the federal races that are to be
presented for a vote in a particular election.
(32)
(34)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
(35)
"Inactive voter" means a registered voter who is listed as inactive by a county
clerk under Subsection
20A-2-505(4)(c)(i)
or
(ii)
.
(34)
(36)
"Judicial office" means the office filled by any judicial officer.
(35)
(37)
"Judicial officer" means any justice or judge of a court of record or any county
court judge.
(36)
(38)
"Local election" means a regular county election, a regular municipal election, a
municipal primary election, a local special election, a special district election, and a
bond election.
(37)
(39)
"Local political subdivision" means a county, a municipality, a special district, or
a local school district.
(38)
(40)
"Local special election" means a special election called by the governing body of
a local political subdivision in which all registered voters of the local political
subdivision may vote.
(39)
(41)
"Manual ballot" means a paper document produced by an election officer on
which an individual records an individual's vote by directly placing a mark on the paper
document using a pen or other marking instrument.
(40)
(42)
"Mechanical ballot" means a record, including a paper record, electronic record,
or mechanical record, that:
(a)
is created via electronic or mechanical means; and
(b)
records an individual voter's vote cast via a method other than an individual directly
placing a mark, using a pen or other marking instrument, to record an individual
voter's vote.
(41)
(43)
"Municipal executive" means:
(a)
the mayor in the council-mayor form of government defined in Section
10-3b-102
; or
(b)
the mayor in the council-manager form of government defined in Subsection
10-3b-103(6)
.
(42)
(44)
"Municipal general election" means the election held in municipalities and, as
applicable, special districts on the first Tuesday after the first Monday in November of
each odd-numbered year for the purposes established in Section
20A-1-202
.
(43)
(45)
"Municipal legislative body" means the council of the city or town in any form
of municipal government.
(44)
(46)
"Municipal office" means an elective office in a municipality.
(45)
(47)
"Municipal officers" means those municipal officers that are required by law to
be elected.
(46)
(48)
"Municipal primary election" means an election held to nominate candidates for
municipal office.
(47)
(49)
"Municipality" means a city or town.
(48)
(50)
"Official ballot" means the ballots distributed by the election officer for voters to
record their votes.
(49)
(51)
"Official endorsement" means the information on the ballot that identifies:
(a)
the ballot as an official ballot;
(b)
the date of the election; and
(c)
(i)
for a ballot prepared by an election officer other than a county clerk, the
facsimile signature required by Subsection
20A-6-401(1)(a)(iii)
; or
(ii)
for a ballot prepared by a county clerk, the words required by Subsection
20A-6-301(1)(b)(iii)
.
(50)
(52)
"Official register" means the official record furnished to election officials by the
election officer that contains the information required by Section
20A-5-401
.
(51)
(53)
"Political party" means an organization of registered voters that has qualified to
participate in an election by meeting the requirements of Chapter 8, Political Party
Formation and Procedures.
(52)
(54)
(a)
"Poll worker" means a person assigned by an election official to assist with
an election, voting, or counting votes.
(b)
"Poll worker" includes election judges.
(c)
"Poll worker" does not include a watcher.
(53)
(55)
"Pollbook" means a record of the names of voters in the order that the voters
appear to cast votes.
(54)
(56)
"Polling place" means a building where voting is conducted.
(55)
(57)
"Position" means a square, circle, rectangle, or other geometric shape on a ballot
in which the voter marks the voter's choice.
(56)
(58)
"Presidential Primary Election" means the election established in
Chapter 9, Part
8, Presidential Primary Election
.
(57)
(59)
"Primary convention" means the political party conventions held during the year
of the regular general election.
(58)
(60)
"Protective counter" means a separate counter, which cannot be reset, that:
(a)
is built into a voting machine; and
(b)
records the total number of movements of the operating lever.
(59)
(61)
"Provider election officer" means an election officer who enters into a contract or
interlocal agreement with a contracting election officer to conduct an election for the
contracting election officer's local political subdivision in accordance with Section
20A-5-400.1
.
(60)
(62)
"Provisional ballot" means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker.
(61)
(63)
"Provisional ballot envelope" means an envelope printed in the form required by
Section
20A-6-105
that is used to identify provisional ballots and to provide information
to verify a person's legal right to vote.
(62)
(64)
(a)
"Public figure" means an individual who, due to the individual being
considered for, holding, or having held a position of prominence in a public or
private capacity, or due to the individual's celebrity status, has an increased risk to the
individual's safety.
(b)
"Public figure" does not include an individual:
(i)
elected to public office; or
(ii)
appointed to fill a vacancy in an elected public office.
(63)
(65)
"Qualify" or "qualified" means to take the oath of office and begin performing
the duties of the position for which the individual was elected.
(64)
(66)
"Receiving judge" means the poll worker that checks the voter's name in the
official register at a polling place and provides the voter with a ballot.
(65)
(67)
"Registration form" means a form by which an individual may register to vote
under this title.
(66)
(68)
"Regular ballot" means a ballot that is not a provisional ballot.
(67)
(69)
"Regular general election" means the election held throughout the state on the
first Tuesday after the first Monday in November of each even-numbered year for the
purposes established in Section
20A-1-201
.
(68)
(70)
"Regular primary election" means the election, held on the date specified in
Section
20A-1-201.5
, to nominate candidates of political parties and candidates for
nonpartisan local school board positions to advance to the regular general election.
(69)
(71)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
(72)
"Return envelope" means the envelope, described in Subsection
20A-3a-202(4)
,
provided to a voter with a manual ballot:
(a)
into which the voter places the manual ballot after the voter has voted the manual
ballot in order to preserve the secrecy of the voter's vote; and
(b)
that includes the voter affidavit and a place for the voter's signature.
(71)
(73)
"Sample ballot" means a mock ballot similar in form to the official ballot,
published as provided in Section
20A-5-405
.
(72)
(74)
"Special district" means a local government entity under Title
17B, Limited
Purpose Local Government Entities - Special Districts
, and includes a special service
district under
Title 17D, Chapter 1, Special Service District Act
.
(73)
(75)
"Special district officers" means those special district board members who are
required by law to be elected.
(74)
(76)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
(77)
"Spoiled ballot" means each ballot that:
(a)
is spoiled by the voter;
(b)
is unable to be voted because it was spoiled by the printer or a poll worker; or
(c)
lacks the official endorsement.
(78)
"Standard ballot" means a ballot that includes all races and ballot propositions that are
to be presented for a vote in a particular election.
(76)
(79)
"Statewide special election" means a special election called by the governor or
the Legislature in which all registered voters in Utah may vote.
(77)
(80)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
(81)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
(82)
"Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(80)
(83)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
(83)(b)
, the absence of an individual to
serve in a position created by state constitution or state statute, whether that absence
occurs because of death, disability, disqualification, resignation, or other cause; or
(b)
in relation to a candidate for a position created by state constitution or state statute,
the removal of a candidate due to the candidate's death, resignation, or
disqualification.
(81)
(84)
"Valid voter identification" means:
(a)
a form of identification that bears the name and photograph of the voter which may
include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card issued under
Title 53, Chapter 3, Part 8,
Identification Card Act
;
(iii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iv)
a currently valid Utah permit to carry a concealed weapon;
(v)
a currently valid United States passport; or
(vi)
a currently valid United States military identification card;
(b)
one of the following identification cards, regardless of whether the card includes a
photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection
(81)(a)
or (b)
(84)(a) or (b)

but that bear the name of the voter and provide evidence that the voter resides in the
voting precinct, which may include:
(i)
before January 1, 2029, an original or copy of a current utility bill, dated no more
than 90 calendar days before the date of the election;
(ii)
before January 1, 2029, an original or copy of a bank or other financial account
statement, dated no more than 90 calendar days before the date of the election;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
an original or copy of a check issued by the state or the federal government, dated
no more than 90 calendar days before the date of the election;
(vi)
an original or copy of a paycheck from the voter's employer, dated no more than
90 calendar days before the date of the election;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within
the state; or
(xiii)
a current Utah vehicle registration.
(82)
(85)
"Valid write-in candidate" means a candidate who has qualified as a write-in
candidate by following the procedures and requirements of this title.
(83)
(86)
"Vote by mail" means to vote, using a manual ballot that is mailed to the voter,
by:
(a)
mailing the ballot to the location designated in the mailing; or
(b)
depositing the ballot in a ballot drop box designated by the election officer.
(84)
(87)
"Voter" means an individual who:
(a)
meets the requirements for voting in an election;
(b)
meets the requirements of election registration;
(c)
is registered to vote; and
(d)
is listed in the official register.
(85)
(88)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
(89)
"Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(87)
(90)
"Voting booth" means:
(a)
the space or compartment within a polling place that is provided for the preparation
of ballots, including the voting enclosure or curtain; or
(b)
a voting device that is free standing.
(88)
(91)
"Voting device" means any device provided by an election officer for a voter to
vote a mechanical ballot.
(89)
(92)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
(93)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
(94)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
(95)
"Write-in vote" means a vote cast for an individual, whose name is not printed on
the ballot, in accordance with the procedures established in this title.
Section 2. Section
20A-2-101.1
is amended to read:
20A-2-101.1
. Preregistering to vote.
(1)
An
Subject to Section
20A-3a-201.5
, 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 calendar 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)
subject to Section
20A-3a-201.5
,
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 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
old
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-2-104
is amended to read:
20A-2-104
. Voter registration form -- Registered voter lists -- Fees for copies.
(1)
As used in this section:
(a)
"Candidate for public office" means an individual:
(i)
who files a declaration of candidacy for a public office;
(ii)
who files a notice of intent to gather signatures under Section
20A-9-408
; or
(iii)
employed by, under contract with, or a volunteer of, an individual described in
Subsection
(1)(a)(i)
or
(ii)
for political campaign purposes.
(b)
"Dating violence" means the same as that term is defined in Section
78B-7-402
and
the federal Violence Against Women Act of 1994, as amended.
(c)
"Domestic violence" means the same as that term is defined in Section
77-36-1
and
the federal Violence Against Women Act of 1994, as amended.
(d)
"Hash Code" means a code generated by applying an algorithm to a set of data to
produce a code that:
(i)
uniquely represents the set of data;
(ii)
is always the same if the same algorithm is applied to the same set of data; and
(iii)
cannot be reversed to reveal the data applied to the algorithm.
(e)
"Protected individual" means an individual:
(i)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form that the individual, or an individual who resides with the individual, is
a victim of domestic violence or dating violence or is likely to be a victim of
domestic violence or dating violence;
(ii)
who submits a withholding request form with the individual's voter registration
record, or to the lieutenant governor or a county clerk, if the individual indicates
on the form and provides verification that the individual, or an individual who
resides with the individual, is a law enforcement officer, a member of the armed
forces as defined in Section
20A-1-513
, a public figure, or protected by a
protective order or protection order; or
(iii)
whose voter registration record was classified as a private record at the request of
the individual before May 12, 2020.
(2)
(a)
An individual applying for voter registration, or an individual preregistering to vote,
shall complete a voter registration form in substantially the following form:
-----------------------------------------------------------------------------------------------------------------
UTAH ELECTION REGISTRATION FORM
Are you a citizen of the United States of America?
Yes
No
If you checked "no" to the above question, do not complete this form.
Will you be 18 years
of age
old
on or before election day?
Yes
No
If you checked "no" to the above question, are you 16 or 17 years
of age
old
and
preregistering to vote?
Yes
No
If you checked "no" to both of the prior two questions, do not complete this form.

You must be a United States citizen to vote. If you fail to provide proof of United States
citizenship, you will only be permitted to vote for federal offices. Information on how to
provide proof of citizenship is included on the back of this form.
Name of Voter
_________________________________________________________________
First
Middle
Last
Utah Driver License or Utah Identification Card
Number____________________________
Date of Birth ______________________________________________________
Street Address of Principal Place of Residence
____________________________________________________________________________
City
County
State
Zip Code
Tribal Identification Number or Alien Registration Number (optional)
______________________________
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
Political Party
(a listing of each registered political party, as defined in Section
20A-8-101
and
maintained by the lieutenant governor under Section
67-1a-2
, with each party's name preceded
by a checkbox)
Unaffiliated (no political party preference)
Other (Please
specify)___________________
I do swear (or affirm), 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 the
state of Utah, residing at the above address. Unless I have indicated above that I am
preregistering to vote in a later election, I will be at least 18 years of age and will have resided
in Utah for 30 calendar days immediately before the next election. I am not a convicted felon
currently incarcerated for commission of a felony.
Signed and sworn
__________________________________________________________
Voter's Signature
_______________(month/day/year).

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 or preregistered to vote if you know you are not entitled to
register or preregister to vote is up to one year in jail and a fine of up to $2,500.
NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
VOTER IDENTIFICATION TO THE POLL WORKER, IN ACCORDANCE WITH THE
REQUIREMENTS OF LAW.
FOR OFFICIAL USE ONLY
Type of I.D. ____________________________
Voting Precinct _________________________
Voting I.D. Number _____________________
------------------------------------------------------------------------------------------------------------------
(b)
The voter registration form described in Subsection
(2)(a)
shall include:
(i)
a section in substantially the following form:
"------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
------------------------------------------------------------------------------------------------------------------";
and
(ii)
no later than November 5, 2025, the following, immediately after the question described in
Subsection
(2)(b)(i)
:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(c)
(i)
Except as provided under Subsection
(2)(c)(ii)
, the county clerk shall retain a
copy of each voter registration form in a permanent countywide alphabetical file,
which may be electronic or some other recognized system.
(ii)
The county clerk may transfer a superseded voter registration form to the
Division of Archives and Records Service created under Section
63A-12-101
.
(d)
The back of the voter registration form shall include the following statement:
"Proof of United States citizenship may be established by one of the following
methods:
a Utah driver license number that verifies United States citizenship;
a Utah state identification card number that verifies United States citizenship;
a legible copy of your birth certificate that verifies United States citizenship;
a legible copy of the pages of a United States passport that identifies you and
your passport number;
an alien registration number that verifies United States citizenship;
a legible copy of your United States naturalization documents;
a Bureau of Indian Affairs card number, tribal treaty card number, or tribal
enrollment number;
a legible copy of a certificate of degree of Indian blood or a Bureau of Indian
Affairs affidavit of birth;
verification of citizenship from the Systematic Alien Verification for Entitlements
program, operated by the United States Department of Homeland Security; or
other documents or methods of proving United States citizenship that are
established in accordance with the Immigration Reform and Control Act of 1986."
(3)
(a)
Each county clerk shall retain lists of currently registered voters.
(b)
The lieutenant governor shall maintain a list of registered voters in electronic form.
(c)
If there are any discrepancies between the two lists, the county clerk's list is the
official list.
(d)
The lieutenant governor and the county clerks may charge the fees established under
the authority of Subsection
63G-2-203(10)
to individuals who wish to obtain a copy
of the list of registered voters.
(4)
(a)
As used in this Subsection
(4)
, "qualified person" means:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or a government
employee;
(ii)
a health care provider, as defined in Section
26B-8-501
, or an agent, employee, or
independent contractor of a health care provider;
(iii)
an insurance company, as defined in Section
67-4a-102
, or an agent, employee,
or independent contractor of an insurance company;
(iv)
a financial institution, as defined in Section
7-1-103
, or an agent, employee, or
independent contractor of a financial institution;
(v)
a political party, or an agent, employee, or independent contractor of a political
party;
(vi)
a candidate for public office, or an employee, independent contractor, or
volunteer of a candidate for public office;
(vii)
a person described in Subsections
(4)(a)(i)
through
(vi)
who, after obtaining a
year of birth from the list of registered voters:
(A)
provides the year of birth only to a person described in Subsections
(4)(a)(i)

through
(vi)
;
(B)
verifies that the person described in Subsection
(4)(a)(vii)(A)
is a person
described in Subsections
(4)(a)(i)
through
(vi)
;
(C)
ensures, using industry standard security measures, that the year of birth may
not be accessed by a person other than a person described in Subsections
(4)(a)(i)
through
(vi)
;
(D)
verifies that each person described in Subsections
(4)(a)(ii)
through
(iv)
to
whom the person provides the year of birth will only use the year of birth to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse;
(E)
verifies that each person described in Subsection
(4)(a)(i)
to whom the person
provides the year of birth will only use the year of birth in the person's capacity
as a government official or government employee; and
(F)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the year of birth will only use the year of birth for a political
purpose of the political party or candidate for public office; or
(viii)
a person described in Subsection
(4)(a)(v)
or
(vi)
who, after obtaining
information under Subsection
(4)(n)
and
(o)
:
(A)
provides the information only to another person described in Subsection
(4)(a)(v)
or
(vi)
;
(B)
verifies that the other person described in Subsection
(4)(a)(viii)(A)
is a
person described in Subsection
(4)(a)(v)
or
(vi)
;
(C)
ensures, using industry standard security measures, that the information may
not be accessed by a person other than a person described in Subsection
(4)(a)(v)
or
(vi)
; and
(D)
verifies that each person described in Subsection
(4)(a)(v)
or
(vi)
to whom the
person provides the information will only use the information for a political
purpose of the political party or candidate for public office.
(b)
Notwithstanding Subsection
63G-2-302(1)(j)(iv)
, and except as provided in
Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a county clerk shall,
when providing the list of registered voters to a qualified person under this section,
include, with the list, the years of birth of the registered voters, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person; and
(ii)
the qualified person signs a document that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
years of birth;
(D)
a list of the purposes for which the qualified person may use the year of birth
of a registered voter that is obtained from the list of registered voters;
(E)
a statement that the year of birth of a registered voter that is obtained from the
list of registered voters may not be provided or used for a purpose other than a
purpose described under Subsection
(4)(b)(ii)(D)
;
(F)
a statement that if the person obtains the year of birth of a registered voter
from the list of registered voters under false pretenses, or provides or uses the
year of birth of a registered voter that is obtained from the list of registered
voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the year of
birth of a registered voter that is obtained from the list of registered voters in a
manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(c)
The lieutenant governor or a county clerk:
(i)
may not disclose the year of birth of a registered voter to a person that the
lieutenant governor or county clerk reasonably believes:
(A)
is not a qualified person or a person described in Subsection
(4)(l)
; or
(B)
will provide or use the year of birth in a manner prohibited by law; and
(ii)
may not disclose information under Subsections
(4)(n)
or
(o)
to a person that the
lieutenant governor or county clerk reasonably believes:
(A)
is not a person described in Subsection
(4)(a)(v)
or
(vi)
; or
(B)
will provide or use the information in a manner prohibited by law.
(d)
The lieutenant governor or a county clerk may not disclose the voter registration
form of a person, or information included in the person's voter registration form,
whose voter registration form is classified as private under Subsection
(4)(h)
to a
person other than:
(i)
a government official or government employee acting in the government official's
or government employee's capacity as a government official or government
employee; or
(ii)
subject to Subsection
(4)(e)
, a person described in Subsection
(4)(a)(v)
or
(vi)
for
a political purpose.
(e)
(i)
Except as provided in Subsection
(4)(e)(ii)
, when disclosing a record or
information under Subsection
(4)(d)(ii)
, the lieutenant governor or county clerk
shall exclude the information described in Subsection
63G-2-302(1)(j)
, other than
the year of birth.
(ii)
If disclosing a record or information under Subsection
(4)(d)(ii)
in relation to the
voter registration record of a protected individual, the lieutenant governor or
county clerk shall comply with Subsections
(4)(n)
through
(p)
.
(f)
The lieutenant governor or a county clerk may not disclose a withholding request
form, described in Subsections
(7)
and
(8)
and (9)
, submitted by an individual, or
information obtained from that form, to a person other than a government official or
government employee acting in the government official's or government employee's
capacity as a government official or government employee.
(g)
A person is guilty of a class A misdemeanor if the person:
(i)
obtains from the list of registered voters, under false pretenses, the year of birth of
a registered voter or information described in Subsection
(4)(n)
or
(o)
;
(ii)
uses or provides the year of birth of a registered voter, or information described in
Subsection
(4)(n)
or
(o)
, that is obtained from the list of registered voters in a
manner that is not permitted by law;
(iii)
obtains a voter registration record described in Subsection
63G-2-302(1)(k)

under false pretenses;
(iv)
uses or provides information obtained from a voter registration record described
in Subsection
63G-2-302(1)(k)
in a manner that is not permitted by law;
(v)
unlawfully discloses or obtains a voter registration record withheld under
Subsection
(7)
(8)
or a withholding request form described in
Subsections
(7)

and
(8)
Subsection
(9)
; or
(vi)
unlawfully discloses or obtains information from a voter registration record
withheld under Subsection
(7)
(8)
or a withholding request form described in
Subsections
(7)
and
(8)
Subsection
(9)
.
(h)
The lieutenant governor or a county clerk shall classify the voter registration record
of a voter as a private record if the voter:
(i)
submits a written application, created by the lieutenant governor, requesting that
the voter's voter registration record be classified as private;
(ii)
requests on the voter's voter registration form that the voter's voter registration
record be classified as a private record; or
(iii)
submits a withholding request form described in Subsection
(7)
(9)
and any
required verification.
(i)
Except as provided in Subsections
(4)(d)(ii)
and
(e)(ii)
, the lieutenant governor or a
county clerk may not disclose to a person described in Subsection
(4)(a)(v)
or
(vi)
a
voter registration record, or information obtained from a voter registration record, if
the record is withheld under Subsection
(7)
(8)
.
(j)
In addition to any criminal penalty that may be imposed under this section, the
lieutenant governor may impose a civil fine against a person who violates a provision
of this section, in an amount equal to the greater of:
(i)
the product of 30 and the square root of the total number of:
(A)
records obtained, provided, or used unlawfully, rounded to the nearest whole
dollar; or
(B)
records from which information is obtained, provided, or used unlawfully,
rounded to the nearest whole dollar; or
(ii)
$200.
(k)
A qualified person may not obtain, provide, or use the year of birth of a registered
voter, if the year of birth is obtained from the list of registered voters or from a voter
registration record, unless the person:
(i)
is a government official or government employee who obtains, provides, or uses
the year of birth in the government official's or government employee's capacity
as a government official or government employee;
(ii)
is a qualified person described in Subsection
(4)(a)(ii)
,
(iii)
, or
(iv)
and obtains or
uses the year of birth only to verify the accuracy of personal information
submitted by an individual or to confirm the identity of a person in order to
prevent fraud, waste, or abuse;
(iii)
is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
and obtains,
provides, or uses the year of birth for a political purpose of the political party or
candidate for public office; or
(iv)
is a qualified person described in Subsection
(4)(a)(vii)
and obtains, provides, or
uses the year of birth to provide the year of birth to another qualified person to
verify the accuracy of personal information submitted by an individual or to
confirm the identity of a person in order to prevent fraud, waste, or abuse.
(l)
The lieutenant governor or a county clerk may provide a year of birth to a member of
the media, in relation to an individual designated by the member of the media, in
order for the member of the media to verify the identity of the individual.
(m)
A person described in Subsection
(4)(a)(v)
or
(vi)
may not use or disclose
information from a voter registration record for a purpose other than a political
purpose.
(n)
Notwithstanding Subsection
63G-2-302(1)(k)
or
(l)
, the lieutenant governor or a
county clerk shall, when providing the list of registered voters to a qualified person
described in Subsection
(4)(a)(v)
or
(vi)
, include, from the record of a voter whose
record is withheld under Subsection
(7)
(8)
, the information described in Subsection
(4)(o)
, if:
(i)
the lieutenant governor or a county clerk verifies the identity of the person and
that the person is a qualified person described in Subsection
(4)(a)(v)
or
(vi)
; and
(ii)
the qualified person described in Subsection
(4)(a)(v)
or
(vi)
signs a document
that includes the following:
(A)
the name, address, and telephone number of the person requesting the list of
registered voters;
(B)
an indication of the type of qualified person that the person requesting the list
claims to be;
(C)
a statement regarding the purpose for which the person desires to obtain the
information;
(D)
a list of the purposes for which the qualified person may use the information;
(E)
a statement that the information may not be provided or used for a purpose
other than a purpose described under Subsection
(4)(n)(ii)(D)
;
(F)
a statement that if the person obtains the information under false pretenses, or
provides or uses the information in a manner that is prohibited by law, the
person is guilty of a class A misdemeanor and is subject to a civil fine;
(G)
an assertion from the person that the person will not provide or use the
information in a manner that is prohibited by law; and
(H)
notice that if the person makes a false statement in the document, the person is
punishable by law under Section
76-8-504
.
(o)
Except as provided in Subsection
(4)(p)
, the information that the lieutenant governor
or a county clerk is required to provide, under Subsection
(4)(n)
, from the record of a
protected individual is:
(i)
a single hash code, generated from a string of data that includes both the voter's
voter identification number and residential address;
(ii)
the voter's residential address;
(iii)
the voter's mailing address, if different from the voter's residential address;
(iv)
the party affiliation of the voter;
(v)
the precinct number for the voter's residential address;
(vi)
the voter's voting history; and
(vii)
a designation of which age group, of the following age groups, the voter falls
within:
(A)
25 or younger;
(B)
26 through 35;
(C)
36 through 45;
(D)
46 through 55;
(E)
56 through 65;
(F)
66 through 75; or
(G)
76 or older.
(p)
The lieutenant governor or a county clerk may not disclose:
(i)
information described in Subsection
(4)(o)
that, due to a small number of voters
affiliated with a particular political party, or due to another reason, would likely
reveal the identity of a voter if disclosed; or
(ii)
the address described in Subsection
(4)(o)(iii)
if the lieutenant governor or the
county clerk determines that the nature of the address would directly reveal
sensitive information about the voter.
(q)
A qualified person described in Subsection
(4)(a)(v)
or
(vi)
, may not obtain, provide,
or use the information described in Subsection
(4)(n)
or
(o)
, except to the extent that
the qualified person uses the information for a political purpose of a political party or
candidate for public office.
(5)
When political parties not listed on the voter registration form qualify as registered
political parties under Chapter 8, Political Party Formation and Procedures, the
lieutenant governor shall inform the county clerks of the name of the new political party
and direct the county clerks to ensure that the voter registration form is modified to
include that political party.
(6)
Upon receipt of a voter registration form from an applicant, the county clerk or the
clerk's designee shall:
(a)
review each voter registration form for completeness and accuracy; and
(b)
if the county clerk believes, based upon a review of the form, that an individual may
be seeking to register or preregister to vote who is not legally entitled to register or
preregister to vote, refer the form to the county attorney for investigation and
possible prosecution.
(7)
An individual who registers to vote using a federal voter registration form is limited to
voting a federal ballot, unless the individual provides documentary proof of United
States citizenship.
(7)
(8)
The lieutenant governor or a county clerk shall withhold from a person, other than a
person described in Subsection
(4)(a)(i)
, the voter registration record, and information
obtained from the voter registration record, of a protected individual.
(8)
(9)
(a)
The lieutenant governor shall design and distribute a withholding request
form for the purpose described in Subsections
(1)(e)(i)
, (1)(e)(ii),
(7)
(8)
, and this
Subsection
(8)
(9)
to each election officer and to each agency that provides a voter
registration form.
(b)
An individual described in Subsection
(1)(e)(i)
is not required to provide
verification, other than the individual's attestation and signature on the withholding
request form, that the individual, or an individual who resides with the individual, is a
victim of domestic violence or dating violence or is likely to be a victim of domestic
violence or dating violence.
(c)
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
,
establishing requirements for providing the verification described in Subsection
(1)(e)(ii)
.
(9)
(10)
An election officer or an employee of an election officer may not encourage an
individual to submit, or discourage an individual from submitting, a withholding request
form.
(10)
(11)
(a)
The lieutenant governor shall make and execute a plan to provide notice to
registered voters who are protected individuals, that includes the following
information:
(i)
that the voter's classification of the record as private remains in effect;
(ii)
that certain non-identifying information from the voter's voter registration record
may, under certain circumstances, be released to political parties and candidates
for public office;
(iii)
that the voter's name, driver license or identification card number, social security
number, email address, phone number, and the voter's day, month, and year of
birth will remain private and will not be released to political parties or candidates
for public office;
(iv)
that a county clerk will only release the information to political parties and
candidates in a manner that does not associate the information with a particular
voter; and
(v)
that a county clerk may, under certain circumstances, withhold other information
that the county clerk determines would reveal identifying information about the
voter.
(b)
The lieutenant governor may include in the notice described in this Subsection
(10)
(11)
a statement that a voter may obtain additional information on the lieutenant
governor's website.
(c)
The plan described in Subsection
(10)(a)
(11)(a)
may include providing the notice
described in Subsection
(10)(a)
(11)(a)
by:
(i)
publication on the Utah Public Notice Website, created in Section
63A-16-601
;
(ii)
publication on the lieutenant governor's website or a county's website;
(iii)
posting the notice in public locations;
(iv)
publication in a newspaper;
(v)
sending notification to the voters by electronic means;
(vi)
sending notice by other methods used by government entities to communicate
with citizens; or
(vii)
providing notice by any other method.
(d)
The lieutenant governor shall provide the notice included in a plan described in this
Subsection
(10)
(11)
before June 16, 2023.
Section 4. Section
20A-2-108
is amended to read:
20A-2-108
. Driver license or state identification card registration form --
Transmittal of information.
(1)
As used in this section, "qualifying form" means:
(a)
a driver license application form; or
(b)
a state identification card application form.
(2)
The lieutenant governor and the Driver License Division shall design each qualifying
form to include:
(a)
(i)
the following question, which an applicant is required to answer: "Do you
authorize the use of information in this form for voter registration purposes?
YES____ NO____"; and
(ii)
no later than November 5, 2025, the following:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person.";
(b)
the following statement:

"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."; and
(c)
a section in substantially the following form:
"------------------------------------------------------------------------------------------------------------------
BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
------------------------------------------------------------------------------------------------------------------".
(3)
The lieutenant governor and the Driver License Division shall ensure that a qualifying
form contains:
(a)
a place for an individual to affirm the individual's citizenship, voting eligibility, and
Utah residency, and that the information provided in the form is true;
(b)
a records disclosure that is similar to the records disclosure on a voter registration
form described in Section
20A-2-104
;
(c)
a statement that if an applicant declines to register or preregister to vote, the fact that
the applicant has declined to register or preregister will remain confidential and will
be used only for voter registration purposes;
(d)
a statement that if an applicant does register or preregister to vote, the office at which
the applicant submits a voter registration application will remain confidential and will
be used only for voter registration purposes;
and
(e)
if the applicant answers "yes" to the question described in Subsection
(2)(a)
(2)(a)(i)
,
a space where an individual may, if desired:
(i)
indicate the individual's desired political affiliation from a listing of each
registered political party, as defined in Section
20A-8-101
;
(ii)
specify a political party that is not listed under Subsection
(3)(e)(i)
with which the
individual desires to affiliate; or
(iii)
indicate that the individual does not wish to affiliate with a political party
.
; and
(f)
the following statement:
"You must be a United States citizen to vote. If you fail to provide proof of United
States citizenship, you will only be permitted to vote for federal offices. Information
on how to provide proof of citizenship is included with this form."
(4)
The lieutenant governor and the Driver License Division shall ensure that the statement
described in Subsection
20A-2-104(2)(d)
is provided with a qualifying form.
Section 5. Section
20A-2-204
is amended to read:
20A-2-204
. Registering to vote when applying for or renewing a driver license or
other qualifying form.
(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)(i)
, 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)(i)

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 on or before
the first business day that is at least five calendar days after the day on which the
division receives the address change; and
(c)
on or before the first business day that is at least five calendar days after the day on
which the division receives a voter registration form, electronically transmit the form
to the
Office of the Lieutenant Governor
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)
20A-2-104(8)
and
(9)
and any verification submitted with the form
.
; and
(vii)
an indication regarding whether the individual provided proof of United States
citizenship.
(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)
make a record of the indication described in Subsection
(3)(c)(vii)
; and
(b)
(c)
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)
20A-2-104(8)
and
(9)
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
.
;
(iii)
determine whether the individual has provided documentary proof of United
States citizenship; and
(iv)
if the individual has not provided documentary proof of United States
citizenship, notify the individual, in accordance with Subsection
(8)
:
(A)
that the individual has not provided proof of United States citizenship;
(B)
that if the individual fails to provide proof of United States citizenship, the
individual will only be permitted to vote for federal offices; and
(C)
of the methods by which the individual may provide documentary proof of
United States citizenship.
(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
calendar days before the date of an election, the county clerk shall:
(i)
accept the voter registration form;
and
(ii)
comply with Subsection
20A-2-304(3)
;
(ii)
(iii)
unless the individual is preregistering to vote
, and subject to Section
20A-3a-201.5
:
(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)
(iv)
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
, and subject to
Section
20A-3a-201.5
:
(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
.
(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.
(8)
A county clerk who provides notice under Subsection
(5)(b)(iv)
shall send the notice, in
writing, to the individual:
(a)
by mail, at the most recent address the county clerk has for the individual; and
(b)
(i)
by email, if the county clerk has an email address for the individual; or
(ii)
by text to a phone number, if the county clerk has a phone number for the
individual and has received consent from the individual to send text messages to
the phone number.
Section 6. Section
20A-2-206
is amended to read:
20A-2-206
. Electronic registration -- Requesting to receive a ballot by mail.
(1)
The lieutenant governor shall create and maintain an electronic system that is publicly
available on the
Internet
internet
for an individual to:
(a)
apply for voter registration or preregistration; or
(b)
beginning no later than July 1, 2025,
request to receive a ballot by mail.
(2)
The electronic system described in Subsection
(1)
shall require, to register to vote, the
applicant to:
(a)
enter the applicant's name, address, date of birth, driver license number or state
identification card number, and any other information determined to be necessary by
the lieutenant governor;
(b)
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)
attest to the truth of the information provided; and
(d)
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 or preregistration purposes; or
(ii)
signature on file in the lieutenant governor's statewide voter registration database
developed under Section
20A-2-502
, for voter registration or preregistration
purposes.
(3)
Notwithstanding Section
20A-2-104
, an applicant using the electronic system described
in Subsection
(1)
is not required to complete a printed registration form.
(4)
A system created and maintained under this section shall provide to an individual who is
registering to vote the notices concerning a voter's presentation of identification
described in Subsection
20A-2-104(2)
.
(5)
The lieutenant governor shall, in relation to an individual who is registering to vote:
(a)
obtain a digital copy of the applicant's driver license signature or identification card
signature from the Driver License Division; or
(b)
ensure that the applicant's signature is 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 described in Subsections
(2)
and (5)
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, if applicable; and
(ii)
(c)
ensuring that the applicant's signature is 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 information submitted electronically under this section.
(8)
If an individual applies to register under this section no later than 11 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
, and subject to
Section
20A-3a-201.5
:
(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)
,
and subject to Section
20A-3a-201.5
,
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, on election day, in accordance
with Section
20A-2-207
.
(10)
The lieutenant governor shall provide a means by which a registered voter shall sign
the application form.
(11)
For an individual who is registering to vote or is already registered to vote, the electronic
system described in Subsection
(1)
shall include the following:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(12)
The lieutenant governor shall provide the ability for a registered voter to:
(a)
determine whether, for an election held on or after November 1, 2026, the voter is
eligible to vote a standard ballot or only a federal ballot; and
(b)
view the options for providing documentary proof of United States citizenship in
order to vote a standard ballot.
Section 7. Section
20A-2-304
is amended to read:
20A-2-304
. County clerk's responsibilities -- Notice of disposition.
Each
Subject to Section
20A-3a-201.5
, a
county clerk shall:
(1)
register to vote each individual who meets the requirements for registration and who:
(a)
submits a completed voter registration form to the county clerk;
(b)
submits a completed voter registration form, as defined in Section
20A-2-204
, to the
Driver License Division;
(c)
submits a completed voter registration form to a public assistance agency or a
discretionary voter registration agency; or
(d)
mails a completed voter registration form to the county clerk;
and
(2)
within 30 calendar days after the day on which the county clerk processes a voter
registration form, send a notice to the individual who submits the form that:
(a)
(i)
informs the individual that the individual's voter registration form has been
accepted and that the individual is registered to vote;
(ii)
informs the individual of the procedure for designating or changing the
individual's political affiliation;
(iii)
informs the individual of the procedure to cancel a voter registration;
(iv)
provides instructions to the voter on how the voter may sign up to receive
electronic ballot status notifications via the ballot tracking system described in
Section
20A-3a-401.5
; and
(v)
confirms that the individual has chosen to receive electronic ballot status
notifications if the individual opted to receive electronic ballot status notifications
on the voter registration form;
(b)
informs the individual that the individual's voter registration form has been rejected
and the reason for the rejection; or
(c)
(i)
informs the individual that the individual's voter registration form is being
returned to the individual for further action because the form is incomplete; and
(ii)
gives instructions to the individual on how to properly complete the form
.
; and
(3)
for each voter registration record of an individual who is limited to voting in a federal
race only:
(a)
before March 1, 2027, segregate the record in a manner that identifies the voter's
voter registration record as belonging to an individual who is limited to voting in a
federal race only; or
(b)
beginning on March 1, 2027, indicate the limitation on the voter's voter registration
record.
Section 8. Section
20A-2-508
is enacted to read:
20A-2-508
. Independent investigation of citizenship -- Identification of
non-citizens -- Opportunity to challenge -- Provisional ballot option -- Action taken when
lack of documentary proof of citizenship discovered.
(1)
(a)
An election officer shall, to the extent that the review can be conducted in a
uniform, nondiscriminatory manner, conduct a review of the voter registration
records to independently determine whether an individual who is registered to vote is
not a citizen of the United States.
(b)
To conduct the review described in Subsection
(1)(a)
, the election officer:
(i)
except as provided in Subsection
(3)
, may not require an individual who registers
to vote only in a federal race to provide documentary proof of United States
citizenship; and
(ii)
shall use any tools lawfully available to the election officer, including:
(A)
the Systematic Alien Verification for Entitlements program, operated by the
United States Department of Homeland Security;
(B)
information received from the federal courts under Subsection
20A-2-502(4)
;
and
(C)
data collected by a state agency.
(2)
If, in accordance with Subsection
(1)
, an election officer determines that an individual
who is registered to vote is not a citizen of the United States, the election officer shall, in
accordance with Subsection
(7)
:
(a)
notify the individual of the determination and the reason for the determination;
(b)
give the individual an opportunity to dispute the determination; and
(c)
if the individual fails to refute the determination within 30 days after the day on
which the election officer sends the notice described in Subsection
(2)(a)
, remove the
individual from the list of registered voters.
(3)
Except as provided in Subsection
(4)
, an individual described in Subsection
(2)
may not
vote in an election unless, before voting, the individual provides documentary proof of
United States citizenship to the election officer.
(4)
An individual described in Subsection
(2)
may cast a provisional ballot pending the
resolution of a dispute under Subsection
(2)
.
(5)
An election officer may not count a provisional ballot cast by an individual under
Subsection
(4)
unless, before noon on the last business day before the day of the
applicable canvass, the individual provides documentary proof of citizenship to the
election officer.
(6)
An election officer shall comply with Subsection
20A-2-204(5)(b)(iv)
if the election
officer discovers a voter registration record for which:
(a)
the election officer does not make the determination described in Subsection
(2)
; and
(b)
proof of United States citizenship has not been established, unless the individual has
expressed an intent:
(i)
to not provide proof of United States citizenship; or
(ii)
to vote for federal offices only.
(7)
An election officer who provides notice under Subsection
(2)
shall send the notice, in
writing, to the individual:
(a)
by mail, at the most recent address the election officer has for the individual; and
(b)
(i)
by email, if the election officer has an email address for the individual; or
(ii)
by text to a phone number, if the election officer has a phone number for the
individual and has received consent from the individual to send text messages to
the phone number.
(8)
No later July 1, 2026, the lieutenant governor shall, with the assistance of the county
clerks as needed:
(a)
conduct the review described in Subsection
(1)
; and
(b)
provide the notice described in Subsections
(7)
and
(8)
.
Section 9. Section
20A-3a-201.5
is enacted to read:
20A-3a-201.5
. Proof of citizenship required for state elections -- Separate federal
ballots for registered voters who do not provide proof of citizenship.
(1)
Except as provided in Subsection
(2)
, for an election held on or after November 1, 2026,
that includes a race for federal office:
(a)
an election officer shall:
(i)
for each precinct, produce a standard ballot; and
(ii)
for each congressional district, produce a federal ballot;
(b)
only a voter who has, at the time of voter registration or before voting, provided
documentary proof of United States citizenship may vote a standard ballot; and
(c)
a voter who has not provided documentary proof of United States citizenship, at the
time of voter registration or before voting, may only vote a federal ballot.
(2)
A voter who has not, at the time of registration or before voting, provided documentary
proof of United States citizenship may cast a standard ballot as a provisional ballot, but
an election officer may only count votes for federal office cast using the standard ballot
unless the voter provides documentary proof of United States citizenship before noon on
the last business day before the day of the applicable canvass.
(3)
Except as otherwise provided in Section
20A-2-508
:
(a)
an election officer may not require a voter to provide documentary proof of United
States citizenship to vote a federal ballot; and
(b)
a voter who has previously provided documentary proof of United States citizenship
to an election officer is not required to provide documentary proof of citizenship
when the voter subsequently registers to vote.
(4)
If, due to marriage or another legally-recognized method of changing an individual's
name, a voter's name has changed from the name appearing on the voter's documentary
proof of United States citizenship, the voter may provide documentary proof of the name
change, together with the voter's documentary proof of United States citizenship, to
establish that the voter is a United States citizen.
Section 10. Section
20A-3a-202
is amended to read:
20A-3a-202
. Conducting election in person and by mail -- Mailing ballots to
voters -- Exceptions.
(1)
(a)
Except as otherwise provided for an election conducted entirely by mail under
Section
20A-7-609.5
, an election officer shall administer an election primarily by
mail, in accordance with this section.
(b)
An individual who did not provide valid voter identification at the time the voter
registered to vote shall provide valid voter identification before voting.
(2)
An election officer who administers an election:
(a)
shall in accordance with Subsection
(3)
, no sooner than 21 calendar days before
election day and no later than seven calendar days before election day, mail to the
applicable voters, in accordance with Subsection
20A-3a-202.5(3)
, and subject to
Subsection
20A-3a-202.5(4)
:
(i)
a manual ballot;
(ii)
a return envelope;
(iii)
instructions for returning the ballot that include an express notice about any
relevant deadlines that the voter must meet in order for the voter's vote to be
counted;
(iv)
information regarding the location and hours of operation of any election day
voting center at which the voter may vote or a website address where the voter
may view this information; and
(v)
instructions on how a voter may sign up to receive electronic ballot status
notifications via the ballot tracking system described in Section
20A-3a-401.5
;
(b)
may not mail a ballot under this section to:
(i)
an inactive voter, unless the inactive voter requests a manual ballot;
or
(ii)
a voter whom the election officer is prohibited from sending a ballot under
Subsection
20A-3a-202.5(4)
;
or
(iii)
for an election held on or after November 1, 2026, a voter who is only eligible to
vote a federal ballot, if the election does not include a race for federal office;
(c)
shall, on the outside of the envelope in which the election officer mails the ballot,
include instructions for returning the ballot if the individual to whom the election
officer mails the ballot does not live at the address to which the ballot is sent;
(d)
shall provide a method of accessible voting to a voter with a disability who is not
able to vote by mail; and
(e)
shall include, on the election officer's website and with each ballot mailed,
instructions regarding how a voter described in Subsection
(2)(d)
may vote.
(3)
(a)
An election officer who mails a manual ballot under Subsection
(2)
shall mail the
manual ballot to the address:
(i)
provided at the time of registration or updated by the voter after the time of
registration; or
(ii)
if, at or after the time of registration, the voter files an alternate address request
form described in Subsection
(3)(b)
, the alternate address indicated on the form.
(b)
The lieutenant governor shall make available to voters an alternate address request
form that permits a voter to request that the election officer mail the voter's ballot to a
location other than the voter's residence.
(c)
A voter shall provide the completed alternate address request form to the election
officer no later than 11 calendar days before the day of the election.
(d)
Beginning on November 5, 2025, through December 31, 2028, an election officer shall
include, with each ballot mailed to a voter, a separate paper document containing the following
statements:
"WARNING
If you have a valid Utah driver license or a valid Utah state identification card, failure to
provide the last four digits of the license or card number may result in your ballot not being
counted. You also have the option of providing the last four digits of your social security
number as identification. If you do not have any of these identification types, your ballot will
still be counted if your signature on the affidavit on this envelope matches your signature on
file with the election officer.
NOTICE
Beginning in 2029, you will not receive a ballot by mail unless you request to receive a
ballot by mail. You may request to receive a ballot by mail at [insert a uniform resource
locator where the voter can make the request online]. If you are unable to make a request
online, contact your county clerk's office at the following number for instructions on how to
make the request in person or by mail [insert phone number here].".
(e)
Beginning on January 1, 2029, an election officer shall include, with each ballot mailed to a
voter, a separate paper document containing the following statement:
"WARNING
If you have a valid Utah driver license or a valid Utah state identification card, failure to
provide the last four digits of your license or card number will result in your ballot not being
counted.
If you do not have a license or card described above, you may enter the last four digits of
your social security number as identification, or include a photocopy of one of the following in
the return envelope:
a currently valid identification card that is issued by the state or a branch, department, or
agency of the United States;
a currently valid Utah permit to carry a concealed weapon;
a currently valid United States passport;
a currently valid United States military identification card; or
a currently valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
card.
If you do not have any of the forms of identification listed above, you must vote in person
at a polling place, unless you qualify for an exemption from this requirement. You may obtain
information regarding an exemption at [insert a uniform resource locator where the voter can
view this information] or by calling [insert a phone number that a voter may call to access this
information]."
(4)
The return envelope shall include:
(a)
the name, official title, and post office address of the election officer on the front of
the envelope;
(b)
subject to Subsection
(9)
, beginning on or before January 1, 2026, a place for the
voter to enter the last four digits of the voter's Utah driver license number, Utah state
identification card number, or social security number;
(c)
the following statement:
"IMPORTANT: See the warning and notice enclosed with your ballot.";
(d)
a space where a voter may write an email address and phone number by which the
election officer may contact the voter if the voter's ballot is rejected; and
(e)
a printed affidavit in substantially the following form:
"County of ____State of ____
I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
currently incarcerated for commission of a felony.
______________________________
Signature of Voter
WARNING
The above affidavit must be signed by the voter to whom the ballot is addressed. It is a
FELONY for any other individual to sign the above affidavit, even if the voter to whom the
ballot is addressed gives permission for another to sign the affidavit for the voter."
(5)
If the election officer determines that the voter has not yet provided valid voter
identification with the voter's voter registration, the election officer may:
(a)
mail a ballot to the voter;
(b)
instruct the voter to enclose a copy of the voter's valid voter identification in the
return envelope; and
(c)
provide instructions to the voter on how the voter may sign up to receive electronic
ballot status notifications via the ballot tracking system described in Section
20A-3a-401.5
.
(6)
An election officer who administers an election shall:
(a)
(i)
before the election, obtain the signatures of each voter qualified to vote in the
election; or
(ii)
obtain the signature of each voter within the voting precinct from the county
clerk; and
(b)
maintain the signatures on file in the election officer's office.
(7)
Upon receipt of a returned ballot, the election officer shall review and process the ballot
under Section
20A-3a-401
.
(8)
A county that administers an election:
(a)
shall provide at least one election day voting center in accordance with
Part 7,
Election Day Voting Center
, and at least one additional election day voting center for
every 5,000 active voters in the county who, under Section
20A-3a-202.5
, will not
receive a ballot by mail;
(b)
shall ensure that each election day voting center operated by the county has at least
one voting device that is accessible, in accordance with the Help America Vote Act
of 2002, Pub. L. No. 107-252, for individuals with disabilities;
(c)
may reduce the early voting period described in Section
20A-3a-601
, 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
calendar 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
; and
(d)
is not required to pay return postage for a return envelope.
(9)
A return envelope shall be designed in a manner that the information described in
Subsections
(4)(b)
and (d), and the voter's signature, is covered from view after the
return envelope is sealed.
(10)
A county clerk shall, at least 90 calendar days before an election administered by the
county clerk, contact local post offices to:
(a)
coordinate the handling of mail-in ballots for the upcoming election; and
(b)
take measures to ensure that:
(i)
ballots are clearly and properly postmarked, or otherwise marked in accordance
with Subsection
20A-3a-204(2)(a)(i)
, with the date on which the ballot was
mailed; and
(ii)
ballots are delivered in an expeditious manner to optimize the timely receipt of
ballots.
Section 11. Section
20A-3a-203
is amended to read:
20A-3a-203
. Voting at a polling place.
(1)
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, as
follows:
(i)
the voter shall present a currently valid Utah driver license or Utah state
identification card;
(ii)
if the voter does not have the type of identification described in Subsection
(2)(b)(i)
, the voter shall present:
(A)
a currently valid identification card issued by the state, or a branch,
department, or agency of the United States;
(B)
a currently valid Utah permit to carry a concealed weapon;
(C)
a currently valid United States passport;
(D)
a currently valid United States military identification card; or
(E)
a valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
card; or
(iii)
if the voter does not have the type of identification described in Subsection
(2)(b)(i)
or
(ii)
, the voter shall present other valid voter identification.
(c)
If the poll worker is not satisfied that the voter has presented valid voter
identification in accordance with Subsection
(2)(b)
, 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 on
Monday after the day of the election or, if Monday is a holiday, on the first
business day after the holiday
noon on the last business day before the day of the
applicable canvass
, 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:
(a)
whether 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; and
(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.
(8)
(a)
The official register shall include the statement described in Subsection
(8)(b)
:
(i)
at the top of each page of the register where a voter signs the register; or
(ii)
adjacent to the place where each voter signs the register.
(b)
The statement described in Subsection
(8)(a)
shall appear as follows:
AFFIDAVIT
By signing this register I am signing an affidavit where, UNDER PENALTY OF
PERJURY, I affirm that the identification I presented to the poll worker is valid voter
identification that accurately identifies me as the person indicated.
(9)
A voter who votes at a polling place may submit a request to a poll worker that a ballot
be mailed to the voter in upcoming elections.
Section 12. 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, via a ballot drop box, or by other legal
means.
(2)
Poll workers shall process return envelopes containing manual ballots that are in the
custody of the poll workers in accordance with this section.
(3)
Poll workers shall examine a return envelope to make the determinations described in
Subsection
(4)
.
(4)
The poll workers shall take the action described in Subsection
(5)(a)
if the poll workers
determine:
(a)
for an election held before January 1, 2029:
(i)
that the return envelope contains the last four digits of the voter's Utah driver
license number, Utah state identification card number, or social security number;
or
(ii)
if the return envelope does not contain the digits described in Subsection
(4)(a)(i)
,
that:
(A)
in accordance with the rules made under Subsection
(13)
, 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
(7)(d)(v)
, the
signature is verified by alternative means;
(b)
for an election held on or after January 1, 2029:
(i)
that the return envelope contains the last four digits of the voter's Utah driver
license number, Utah state identification card number, or social security number;
(ii)
if the return envelope does not contain the digits described in Subsection
(4)(b)(i)
,
that the voter included in the return envelope a copy of the identification described
in Subsection
20A-3a-204(2)(c)(ii)
; or
(iii)
for a voter described in Subsection
20A-3a-301(7)
, that the voter complied with
Subsection
20A-3a-301(7)
;
(c)
that the affidavit is sufficient;
(d)
that the voter is registered to vote in the correct precinct;
(e)
that the voter's right to vote the ballot has not been challenged;
(f)
that the voter has not already voted in the election; and
(g)
for a voter who has not yet provided valid voter identification with the voter's voter
registration, whether the voter has provided valid voter identification with the return
envelope.
(5)
(a)
If
Subject to Sections
20A-2-508
and
20A-3a-201.5
, if
the poll workers make all
of the findings described in Subsection
(4)
, 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 is not examined in connection with the return envelope; and
(iii)
place the ballot with the other ballots to be counted.
(b)
If the poll workers do not make all of the findings described in Subsection
(4)
, the
poll workers shall:
(i)
disallow the vote;
(ii)
except as provided in Subsection
(6)
, without opening the return envelope, record
the ballot as "rejected" and state the reason for the rejection; and
(iii)
except as provided in Subsection
(6)
, place the return envelope, unopened, with
the other rejected return envelopes.
(6)
A poll worker may open a return envelope, if necessary, to determine compliance with
Subsection
(4)(b)(ii)
, (4)(b)(iii), or (4)(g).
(7)
(a)
If the poll workers reject an individual's ballot because the poll workers determine
that the return envelope does not comply with Subsection
(4)
, the election officer
shall:
(i)
contact the individual in accordance with Subsection
(8)
; and
(ii)
inform the individual:
(A)
that the identification information provided on the return envelope 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 a correctly completed affidavit, provided by the county
clerk, that meets the requirements described in Subsection
(7)(d)
.
(b)
If, under Subsection
(4)(a)(ii)(A)
, the poll workers reject an individual's ballot
because the poll workers determine, in accordance with rules made under Subsection
(13)
, 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
(8)
; 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 a correctly completed affidavit, provided by the county
clerk, that meets the requirements described in Subsection
(7)(d)
.
(c)
The election officer shall ensure that the notice described in Subsection
(7)(a)
or
(b)

includes:
(i)
when communicating the notice by mail, a printed copy of the affidavit described
in Subsection
(7)(d)
and a courtesy reply envelope;
(ii)
when communicating the notice electronically, a link to a copy of the affidavit
described in Subsection
(7)(d)
or information on how to obtain a copy of the
affidavit; or
(iii)
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
(7)(d)
, either in person from the clerk's
office, by mail, or electronically.
(d)
An affidavit described in Subsection
(7)(a)(ii)(C)
or
(7)(b)(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 information in the affidavit and 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
__________________".
(e)
In order for an individual described in Subsection
(7)(a)
or
(b)
to have the
individual's ballot counted, the individual shall deliver the affidavit described in
Subsection
(7)(d)
to the election officer.
(f)
An election officer who receives a signed affidavit under Subsection
(7)(e)
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
noon on the last business
day before the day on which the canvass begins
noon on the last business day
before the day of the applicable canvass
, count the individual's ballot; and
(iii)
if the check box described in Subsection
(7)(d)(v)
is checked, comply with the
rules described in Subsection
(13)(c)
.
(8)
(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, if consent is obtained, 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
(8)(a)(ii)
, the
election officer shall notify the individual of the rejection and the reason for the
rejection by phone, mail, email, or, if consent is obtained, text message, within the
later of:
(i)
30 calendar days after the day of the rejection; or
(ii)
30 calendar days after the day of the election.
(c)
The election officer may, when notifying an individual by phone under this
Subsection
(8)
, use auto-dial technology.
(9)
An election officer may not count the ballot of an individual whom the election officer
contacts under Subsection
(7)
or
(8)
unless, no later than noon on the last business day
before the day on which the canvass begins, the election officer:
(a)
receives a signed affidavit from the individual under Subsection
(7)
; 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
(9)(b)(iii)(A)
to records
relating to the individual that are in the possession or control of an election
officer; and
(iv)
documents the verification described in Subsection
(9)(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.
(10)
(a)
The election officer shall retain and preserve:
(i)
the return envelopes in accordance with Subsection
20A-4-202(2)
; and
(ii)
the documents described in Subsection
(9)(b)(iv)
in accordance with Subsection
20A-4-202(3)
.
(b)
If the election officer complies with Subsection
(10)(a)(ii)
by including the
documentation in the voter's voter registration record, the election officer shall make,
retain, and preserve a record of the name and voter identification number of each
voter contacted under Subsection
(9)(b)
.
(11)
(a)
The election officer shall record the following in the database used in the
verification process:
(i)
any initial rejection of a ballot under Subsection
(5)(b)
, 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
(9)
, 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; and
(ii)
the number of ballots rejected because the voter's signatures on the ballot, and in
records on file, do not correspond.
(12)
Willful failure to comply with this section constitutes willful neglect of duty under
Section
20A-5-701
.
(13)
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 Subsection
(4)(a)(ii)(A)
;
(b)
training and certification requirements for election officers and employees of election
officers regarding the criteria and processes described in Subsection
(13)(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
(7)(d)(v)
.
(14)
(a)
Upon request, and subject to Subsections
(14)(b)
and
(c)
, an election officer may
disclose the name and address of a voter whose ballot has been rejected and not yet
resolved with:
(i)
a candidate in the election;
(ii)
an individual who represents the candidate's campaign;
(iii)
the sponsors of an initiative or referendum appearing on the ballot; or
(iv)
for a ballot proposition appearing on the ballot, an individual who represents a
political issues committee, as defined in Section
20A-11-101
, if the political
issues committee supports or opposes the ballot proposition.
(b)
If an election officer discloses the information described in Subsection
(14)(a)
, the
election officer shall:
(i)
make the disclosure within two business days after the day on which the request is
made;
(ii)
respond to each request in the order the requests were made; and
(iii)
make each disclosure in a manner, and within a period of time, that does not
reflect favoritism to one requestor over another.
(c)
A disclosure described in this Subsection
(14)
may not include the name or address
of a protected individual, as defined in Subsection
20A-2-104(1)
.
Section 13. 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
before noon on the last business
day before the day of the applicable canvass
.
(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 Subsection
20A-4-202(2)
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)
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 days before the election;
(ii)
11 or more days before the election, the individual who cast the provisional ballot:
(A)
completed and signed the voter registration; and
(B)
provided the voter registration to another person to file;
(iii)
the late filing was made due to the individual described in Subsection
(5)(a)(ii)(B)
filing the voter registration late; and
(iv)
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 14. 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:
(a)
the envelope shall include the following statement:
"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.
You must be a United States citizen to vote. If you fail to provide proof of United States
citizenship, you will only be permitted to vote for federal offices. Information on how to
provide proof of citizenship is included on or with 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
Tribal Identification Number or Alien Registration Number (optional)
______________________________
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 calendar 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.";
(b)
the following statement shall appear after the statement described in Subsection
(1)(a)
:
"BALLOT NOTIFICATIONS
Do you consent to receive communications about the status of your ballot and other official
communications, by text, at the phone number you provided above? Yes No
"; and
(c)
no later than November 5, 2025, after the statement described in Subsection
(1)(b)
, the
following:
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will vote in person."
(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 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
.
; and
(e)
on or with the form on the envelope, the statement described in Subsection
20A-2-104(2)(d)
.
Section 15. Section
63G-2-301
is amended to read:
63G-2-301
. Public records.
(1)
As used in this section:
(a)
"Business address" means a single address of a governmental agency designated for
the public to contact an employee or officer of the governmental agency.
(b)
"Business email address" means a single email address of a governmental agency
designated for the public to contact an employee or officer of the governmental
agency.
(c)
"Business telephone number" means a single telephone number of a governmental
agency designated for the public to contact an employee or officer of the
governmental agency.
(d)
"Correctional facility" means the same as that term is defined in Section
77-16b-102
.
(2)
The following records are public except to the extent they contain information expressly
permitted to be treated confidentially under the provisions of Subsections
63G-2-201(3)(b)
and
(6)(a)
:
(a)
laws;
(b)
the name, gender, gross compensation, job title, job description, business address,
business email address, business telephone number, number of hours worked per pay
period, dates of employment, and relevant education, previous employment, and
similar job qualifications of a current or former employee or officer of the
governmental entity, excluding:
(i)
undercover law enforcement personnel; and
(ii)
investigative personnel if disclosure could reasonably be expected to impair the
effectiveness of investigations or endanger any individual's safety;
(c)
final opinions, including concurring and dissenting opinions, and orders that are
made by a governmental entity in an administrative, adjudicative, or judicial
proceeding except that if the proceedings were properly closed to the public, the
opinion and order may be withheld to the extent that they contain information that is
private, controlled, or protected;
(d)
final interpretations of statutes or rules by a governmental entity unless classified as
protected as provided in Subsection
63G-2-305(17)
or
(18)
;
(e)
information contained in or compiled from a transcript, minutes, or report of the open
portions of a meeting of a governmental entity as provided by
Title 52, Chapter 4,
Open and Public Meetings Act
, including the records of all votes of each member of
the governmental entity;
(f)
judicial records unless a court orders the records to be restricted under the rules of
civil or criminal procedure or unless the records are private under this chapter;
(g)
unless otherwise classified as private under Section
63G-2-303
, records or parts of
records filed with or maintained by county recorders, clerks, treasurers, surveyors,
zoning commissions, the Division of Forestry, Fire, and State Lands, the School and
Institutional Trust Lands Administration, the Division of Oil, Gas, and Mining, the
Division of Water Rights, or other governmental entities that give public notice of:
(i)
titles or encumbrances to real property;
(ii)
restrictions on the use of real property;
(iii)
the capacity of persons to take or convey title to real property; or
(iv)
tax status for real and personal property;
(h)
records of the Department of Commerce that evidence incorporations, mergers, name
changes, and uniform commercial code filings;
(i)
data on individuals that would otherwise be private under this chapter if the
individual who is the subject of the record has given the governmental entity written
permission to make the records available to the public;
(j)
documentation of the compensation that a governmental entity pays to a contractor or
private provider;
(k)
summary data;
(l)
voter registration records, including an individual's voting history, except for a voter
registration record or those parts of a voter registration record that are classified as
private under Subsections
63G-2-302(1)(j)
through (n) or withheld under Subsection
20A-2-104(7)
20A-2-104(8)
;
(m)
for an elected official, as defined in Section
11-47-102
, a telephone number, if
available, and email address, if available, where that elected official may be reached
as required in
Title 11, Chapter 47, Access to Elected Officials
;
(n)
for a school community council member, a telephone number, if available, and email
address, if available, where that elected official may be reached directly as required
in Section
53G-7-1203
;
(o)
annual audited financial statements of the Utah Educational Savings Plan described
in Section
53H-10-210
; and
(p)
an initiative packet, as defined in Section
20A-7-101
, and a referendum packet, as
defined in Section
20A-7-101
, after the packet is submitted to a county clerk.
(3)
The following records are normally public, but to the extent that a record is expressly
exempt from disclosure, access may be restricted under Subsection
63G-2-201(3)(b)
,
Section
63G-2-302
,
63G-2-304
, or
63G-2-305
:
(a)
administrative staff manuals, instructions to staff, and statements of policy;
(b)
records documenting a contractor's or private provider's compliance with the terms
of a contract with a governmental entity;
(c)
records documenting the services provided by a contractor or a private provider to
the extent the records would be public if prepared by the governmental entity;
(d)
contracts entered into by a governmental entity;
(e)
any account, voucher, or contract that deals with the receipt or expenditure of funds
by a governmental entity;
(f)
records relating to government assistance or incentives publicly disclosed, contracted
for, or given by a governmental entity, encouraging a person to expand or relocate a
business in Utah, except as provided in Subsection
63G-2-305(35)
;
(g)
chronological logs and initial contact reports;
(h)
correspondence by and with a governmental entity in which the governmental entity
determines or states an opinion upon the rights of the state, a political subdivision,
the public, or any person;
(i)
empirical data contained in drafts if:
(i)
the empirical data is not reasonably available to the requester elsewhere in similar
form; and
(ii)
the governmental entity is given a reasonable opportunity to correct any errors or
make nonsubstantive changes before release;
(j)
drafts that are circulated to anyone other than:
(i)
a governmental entity;
(ii)
a political subdivision;
(iii)
a federal agency if the governmental entity and the federal agency are jointly
responsible for implementation of a program or project that has been legislatively
approved;
(iv)
a government-managed corporation; or
(v)
a contractor or private provider;
(k)
drafts that have never been finalized but were relied upon by the governmental entity
in carrying out action or policy;
(l)
original data in a computer program if the governmental entity chooses not to
disclose the program;
(m)
arrest warrants after issuance, except that, for good cause, a court may order
restricted access to arrest warrants prior to service;
(n)
search warrants after execution and filing of the return, except that a court, for good
cause, may order restricted access to search warrants prior to trial;
(o)
records that would disclose information relating to formal charges or disciplinary
actions against a past or present governmental entity employee if:
(i)
the disciplinary action has been completed and all time periods for administrative
appeal have expired; and
(ii)
the charges on which the disciplinary action was based were sustained;
(p)
records maintained by the Division of Forestry, Fire, and State Lands, the School and
Institutional Trust Lands Administration, or the Division of Oil, Gas, and Mining that
evidence mineral production on government lands;
(q)
final audit reports;
(r)
occupational and professional licenses;
(s)
business licenses;
(t)
a notice of violation, a notice of agency action under Section
63G-4-201
, or similar
records used to initiate proceedings for discipline or sanctions against persons
regulated by a governmental entity, but not including records that initiate employee
discipline; and
(u)
(i)
records that disclose a standard, regulation, policy, guideline, or rule regarding
the operation of a correctional facility or the care and control of inmates
committed to the custody of a correctional facility; and
(ii)
records that disclose the results of an audit or other inspection assessing a
correctional facility's compliance with a standard, regulation, policy, guideline, or
rule described in Subsection
(3)(u)(i)
.
(4)
The list of public records in this section is not exhaustive and should not be used to limit
access to records.
Section 16. Section
63G-2-302
is amended to read:
63G-2-302
. Private records.
(1)
The following records are private:
(a)
records concerning an individual's eligibility for unemployment insurance benefits,
social services, welfare benefits, or the determination of benefit levels;
(b)
records containing data on individuals describing medical history, diagnosis,
condition, treatment, evaluation, or similar medical data;
(c)
records of publicly funded libraries that when examined alone or with other records
identify a patron;
(d)
records received by or generated by or for:
(i)
the Independent Legislative Ethics Commission, except for:
(A)
the commission's summary data report that is required under legislative rule;
and
(B)
any other document that is classified as public under legislative rule; or
(ii)
a Senate or House Ethics Committee in relation to the review of ethics
complaints, unless the record is classified as public under legislative rule;
(e)
records received by, or generated by or for, the Independent Executive Branch Ethics
Commission, except as otherwise expressly provided in Title 63A, Chapter 14,
Review of Executive Branch Ethics Complaints;
(f)
records received or generated for a Senate confirmation committee concerning
character, professional competence, or physical or mental health of an individual:
(i)
if, prior to the meeting, the chair of the committee determines release of the
records:
(A)
reasonably could be expected to interfere with the investigation undertaken by
the committee; or
(B)
would create a danger of depriving a person of a right to a fair proceeding or
impartial hearing; and
(ii)
after the meeting, if the meeting was closed to the public;
(g)
employment records concerning a current or former employee of, or applicant for
employment with, a governmental entity that would disclose that individual's home
address, home telephone number, social security number, insurance coverage, marital
status, or payroll deductions;
(h)
records or parts of records under Section
63G-2-303
that a current or former
employee identifies as private according to the requirements of that section;
(i)
that part of a record indicating a person's social security number or federal employer
identification number if provided under Section
31A-23a-104
,
31A-25-202
,
31A-26-202
,
58-1-301
,
58-55-302
,
61-1-4
, or
61-2f-203
;
(j)
that part of a voter registration record

:
(i)
identifying a voter's:
(i)
(A)
driver license or identification card number;
(ii)
(B)
social security number, or last four digits of the social security number;
(iii)
(C)
email address;
(iv)
(D)
date of birth; or
(v)
(E)
phone number;
(ii)
submitted by the voter as proof of United States citizenship;
(iii)
indicating whether the voter has provided proof of United States citizenship; or
(iv)
indicating whether the voter is restricted to voting a federal ballot;
(k)
a voter registration record that is classified as a private record by the lieutenant
governor or a county clerk under Subsection
20A-2-101.1(5)(a)
,
20A-2-104(4)(h
), or
20A-2-204(4)(b
)
20A-2-204(4)(c)
;
(l)
a voter registration record
:
(i)

that is withheld under Subsection
20A-2-104(7)
20A-2-104(8)
;
or
(ii)
before January 1, 2027, a voter registration record of a voter who is limited to
voting a federal ballot only;
(m)
a withholding request form described in Subsections
20A-2-104(7)
and
(8)
20A-2-104(8)
and
(9)
and any verification submitted in support of the form;
(n)
a record or information regarding whether a voter returned a ballot with postage
attached;
(o)
a record that:
(i)
contains information about an individual;
(ii)
is voluntarily provided by the individual; and
(iii)
goes into an electronic database that:
(A)
is designated by and administered under the authority of the
Chief
Information Officer
chief information officer
; and
(B)
acts as a repository of information about the individual that can be
electronically retrieved and used to facilitate the individual's online interaction
with a state agency;
(p)
information provided to the
Commissioner of Insurance
commissioner of insurance

under:
(i)
Subsection
31A-23a-115(3)(a)
;
(ii)
Subsection
31A-23a-302(4)
; or
(iii)
Subsection
31A-26-210(4)
;
(q)
information obtained through a criminal background check under Title 11, Chapter 40,
Criminal Background Checks by Political Subdivisions Operating Water Systems;
(r)
information provided by an offender that is:
(i)
required by the registration requirements of Title 53, Chapter 29, Sex, Kidnap, and
Child Abuse Offender Registry; and
(ii)
not required to be made available to the public under Subsection
53-29-404(3)(a)
;
(s)
a statement and any supporting documentation filed with the attorney general in
accordance with Section
34-45-107
, if the federal law or action supporting the filing
involves homeland security;
(t)
electronic toll collection customer account information received or collected under
Section
72-6-118
and customer information described in Section
17B-2a-815

received or collected by a public transit district, including contact and payment
information and customer travel data;
(u)
an email address provided by a military or overseas voter under Section
20A-16-501
;
(v)
a completed military-overseas ballot that is electronically transmitted under Title
20A, Chapter 16, Uniform Military and Overseas Voters Act;
(w)
records received by or generated by or for the Political Subdivisions Ethics Review
Commission established in Section
63A-15-201
, except for:
(i)
the commission's summary data report that is required in Section
63A-15-202
; and
(ii)
any other document that is classified as public in accordance with Title 63A,
Chapter 15, Political Subdivisions Ethics Review Commission;
(x)
a record described in Section
53G-9-604
that verifies that a parent was notified of an
incident or threat;
(y)
a criminal background check or credit history report conducted in accordance with
Section
63A-3-201
;
(z)
a record described in Subsection
53-5a-104(7)
;
(aa)
on a record maintained by a county for the purpose of administering property taxes,
an individual's:
(i)
email address;
(ii)
phone number; or
(iii)
personal financial information related to a person's payment method;
(bb)
a record submitted by a taxpayer to establish the taxpayer's eligibility for an
exemption, deferral, abatement, or relief under:
(i)
Title 59, Chapter 2, Part 11, Exemptions; or
(ii)
Title 59, Chapter 2a, Tax Relief Through Property Tax;
(cc)
a record provided by the State Tax Commission in response to a request under
Subsection
59-1-403(4)(y)(iii)
;
(dd)
a record of the Child Welfare Legislative Oversight Panel regarding an individual
child welfare case, as described in Subsection
36-33-103(3)
;
(ee)
a record relating to drug or alcohol testing of a state employee under Section
63A-17-1004
;
(ff)
a record relating to a request by a state elected official or state employee who has
been threatened to the Division of Technology Services to remove personal
identifying information from the open web under Section
63A-16-109
;
(gg)
a record including confidential information as that term is defined in Section
67-27-106
; and
(hh)
a record or notice received or generated under Title 53, Chapter 30, Security
Improvements Act, relating to:
(i)
an application for certification described in Section
53-30-201
; or
(ii)
a security improvement, including a building permit application or building
permit for a security improvement described in Section
53-30-301
.
(2)
The following records are private if properly classified by a governmental entity:
(a)
records concerning a current or former employee of, or applicant for employment
with a governmental entity, including performance evaluations and personal status
information such as race, religion, or disabilities, but not including records that are
public under Subsection
63G-2-301(2)(b)
or
63G-2-301(3)(o
) or private under
Subsection
(1)(b)
;
(b)
records describing an individual's finances, except that the following are public:
(i)
records described in Subsection
63G-2-301(2)
;
(ii)
information provided to the governmental entity for the purpose of complying
with a financial assurance requirement; or
(iii)
records that must be disclosed in accordance with another statute;
(c)
records of independent state agencies if the disclosure of those records would
conflict with the fiduciary obligations of the agency;
(d)
other records containing data on individuals the disclosure of which constitutes a
clearly unwarranted invasion of personal privacy;
(e)
records provided by the United States or by a government entity outside the state that
are given with the requirement that the records be managed as private records, if the
providing entity states in writing that the record would not be subject to public
disclosure if retained by it;
(f)
any portion of a record in the custody of the Division of Aging and Adult Services,
created in Section
26B-6-102
, that may disclose, or lead to the discovery of, the
identity of a person who made a report of alleged abuse, neglect, or exploitation of a
vulnerable adult; and
(g)
audio and video recordings created by a body-worn camera, as defined in Section
77-7a-103
, that record sound or images inside a home or residence except for
recordings that:
(i)
depict the commission of an alleged crime;
(ii)
record any encounter between a law enforcement officer and a person that results
in death or bodily injury, or includes an instance when an officer fires a weapon;
(iii)
record any encounter that is the subject of a complaint or a legal proceeding
against a law enforcement officer or law enforcement agency;
(iv)
contain an officer-involved critical incident as defined in Subsection
76-2-408(1)(f)
; or
(v)
have been requested for reclassification as a public record by a subject or
authorized agent of a subject featured in the recording.
(3)
(a)
As used in this Subsection
(3)
, "medical records" means medical reports, records,
statements, history, diagnosis, condition, treatment, and evaluation.
(b)
Medical records in the possession of the University of Utah Hospital, its clinics,
doctors, or affiliated entities are not private records or controlled records under
Section
63G-2-304
when the records are sought:
(i)
in connection with any legal or administrative proceeding in which the patient's
physical, mental, or emotional condition is an element of any claim or defense; or
(ii)
after a patient's death, in any legal or administrative proceeding in which any
party relies upon the condition as an element of the claim or defense.
(c)
Medical records are subject to production in a legal or administrative proceeding
according to state or federal statutes or rules of procedure and evidence as if the
medical records were in the possession of a nongovernmental medical care provider.
Section 17.
Effective Date.
This bill takes effect:
(1)
except as provided in Subsection (2), May 6, 2026; or
(2)
if approved by two-thirds of all members elected to each house:
(a)
upon approval by the governor;
(b)
without the governor's signature, the day following the constitutional time limit of
Utah Constitution, Article VII, Section 8; or
(c)
in the case of a veto, the date of veto override.
3-6-26 6:55 PM