Election Code Modifications

95
10-2a-215
20A-1-102
20A-1-304
20A-2-104
20A-2-108
20A-2-206
20A-2-208
20A-2-505
20A-3a-201
20A-3a-202
20A-3a-202.5
20A-3a-203
20A-3a-203.5
20A-3a-203.6
20A-3a-204
20A-3a-205
20A-3a-301
20A-3a-401
20A-3a-805
20A-4-101
20A-4-102
20A-4-102.5
20A-4-105
20A-4-304
20A-4-401
20A-5-102
20A-5-403.5
20A-5-407
20A-6-105
20A-11-1002
36-12-15.2
0
Election Code Modifications
2026 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Jefferson S. Burton
Senate Sponsor: Michael K. McKell
LONG TITLE
General Description:
This bill amends provisions relating to elections.
Highlighted Provisions:
This bill:
defines terms;
modifies voter registration forms and other forms to allow a voter to request, for future
elections, whether the voter will receive a ballot by mail and whether the voter desires to
return a ballot by mail;
requires a voter to make a request described in the preceding paragraph at least every
eight years;
provides that, beginning in 2029, a voter:
will not receive a ballot by mail unless the voter makes a timely request to receive a
ballot by mail; and
subject to certain exceptions, will not be permitted to return a ballot by mail unless the
voter makes a timely request to return a ballot by mail;
provides that a voter may return a ballot to a ballot drop box only when the ballot drop
box is attended by at least two poll workers;
establishes requirements regarding the required number of drop boxes and the days and
hours during which voters may return ballots to drop boxes;
requires a voter who returns a ballot to a ballot drop box to first provide identification to a
poll worker at the ballot drop box;
describes the requirements for verification of identity at a ballot drop box;
describes the requirements for returning a ballot by mail;
describes requirements relating to voting a ballot;
describes the requirements for returning a ballot to a polling place or voting at a polling
place;
extends emergency ballot provisions to an individual with a disability who is restricted in
the individual's ability to travel from the individual's residence;
modifies forms, voting requirements, and other provisions to conform with the provisions
of this bill;
creates a process for an individual to receive a voter registration form and voter
registration information when purchasing a hunting or fishing license;
describes the type of personal identifying information that must be redacted from certain
political disclosure reports and provides civil and criminal penalties for publicly
disclosing the information;
modifies a provision relating to the frequency of an elections audit performed by the
Office of the Legislative Auditor General; 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:
10-2a-215
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-1-102
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-1-304
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 448
20A-2-104
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-2-108
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 381
20A-2-206
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 381
20A-2-505
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-3a-201
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 381
20A-3a-202
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-3a-202.5
Effective
05/06/26
, as enacted by Laws of Utah 2025, Chapter 381
20A-3a-203
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-3a-204
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 381
20A-3a-205
Effective
01/01/27
, as renumbered and amended by Laws of Utah 2020,
Chapter 31
20A-3a-301
Effective
05/06/26
, as last amended by Laws of Utah 2025, Chapter 381
20A-3a-401
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-3a-805
Effective
01/01/27
, as renumbered and amended by Laws of Utah 2020,
Chapter 31
20A-4-101
Effective
01/01/27
, as last amended by Laws of Utah 2022, Chapter 342
20A-4-102
Effective
01/01/27
, as last amended by Laws of Utah 2023, Chapters 156,
297
20A-4-105
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 381
20A-4-304
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-4-401
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-5-102
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapter 381
20A-5-403.5
Effective
01/01/27
, as last amended by Laws of Utah 2025, First Special
Session, Chapter 6
20A-5-407
Effective
01/01/27
, as last amended by Laws of Utah 2023, Chapter 15
20A-6-105
Effective
01/01/27
, as last amended by Laws of Utah 2025, Chapters 381,
448
20A-11-1002
Effective
01/01/27
, as last amended by Laws of Utah 2010, Chapter 389
36-12-15.2
Effective
01/01/27
, as enacted by Laws of Utah 2023, Chapter 156
ENACTS:
20A-2-208
Effective
01/01/27
, Utah Code Annotated 1953
20A-3a-203.5
Effective
01/01/27
, Utah Code Annotated 1953
20A-3a-203.6
Effective
01/01/27
, Utah Code Annotated 1953
20A-4-102.5
Effective
01/01/27
, Utah Code Annotated 1953
Be it enacted by the Legislature of the state of Utah:
Section 1. Section
10-2a-215
is amended to read:
10-2a-215
Effective
01/01/27
. Election of officers of new municipality --
Primary and final election dates -- Notice of election -- County clerk duties -- Candidate
duties -- Occupation of office.
(1)
For the election of municipal officers, the county legislative body shall:
(a)
unless a primary election is prohibited under Subsection
20A-9-404(2)
, hold a
primary election; and
(b)
unless the election may be cancelled in accordance with Section
20A-1-206
, hold a
final election.
(2)
Each election described in Subsection
(1)
shall be held:
(a)
consistent with the petition sponsors' determination of the length of each council
member's initial term; and
(b)
for the incorporation of a city:
(i)
appropriate to the form of government chosen by the voters at the incorporation
election;
(ii)
consistent with the voters' decision about whether to elect city council members
by district and, if applicable, consistent with the boundaries of those districts as
determined by the petition sponsors; and
(iii)
consistent with the sponsors' determination of the number of city council
members to be elected.
(3)
(a)
Subject to Subsection
(3)(b)
, and notwithstanding Subsection
20A-1-201.5(2)
, the
primary election described in Subsection
(1)(a)
shall be held at the earliest of the next:
(i)
regular primary election described in Subsection
20A-1-201.5(1)
; or
(ii)
municipal primary election described in Section
20A-9-404
.
(b)
The county shall hold the primary election, if necessary, on the next election date
described in Subsection
(3)(a)
that is after the incorporation election conducted under
Section
10-2a-210
.
(4)
(a)
Subject to Subsection
(4)(b)
, the county shall hold the final election described in
Subsection
(1)(b)
:
(i)
on the following election date that next follows the date of the incorporation
election held under Subsection
10-2a-210(1)(a)
;
(ii)
a regular general election described in Section
20A-1-201
; or
(iii)
a regular municipal general election under Section
20A-1-202
.
(b)
The county shall hold the final election on the earliest of the next election date that is
listed in Subsection
(4)(a)(i)
,
(ii)
, or
(iii)
:
(i)
that is after a primary election; or
(ii)
if there is no primary election, that is at least:
(A)
75 days after the incorporation election under Section
10-2a-210
; and
(B)
65 days after the candidate filing period.
(5)
The county clerk shall provide notice of an election under this section for the future
municipality, as a class A notice under Section
63G-30-102
, for at least two weeks
before the day of the election.
(6)
Until the municipality is incorporated, the county clerk:
(a)
is the election officer for all purposes related to the election of municipal officers;
(b)
may, as necessary, determine appropriate deadlines, procedures, and instructions
related to the election of municipal officers for a new municipality that are not
otherwise contrary to law;
(c)
shall require and determine deadlines for municipal office candidates to file
campaign financial disclosures in accordance with Section
10-3-208
; and
(d)
shall ensure that the ballot for the election includes each office that is required to be
included in the election for officers of the newly incorporated municipality, including
the term of each office.
(7)
An individual who has filed as a candidate for an office described in this section shall
comply with:
(a)
the campaign finance disclosure requirements described in Section
10-3-208
; and
(b)
the requirements and deadlines established by the county clerk under this section.
(8)
Notwithstanding Section
10-3-201
, the officers elected at a final election described in
Subsection
(4)(a)
shall take office:
(a)
after taking the oath of office; and
(b)
at noon on the first Monday following the day on which the election official
transmits a certificate of nomination or election under the officer's seal to each
elected candidate in accordance with Subsection
20A-4-304(6)(b)
20A-4-304(5)(b)
.
Section 2. Section
20A-1-102
is amended to read:
20A-1-102
Effective
01/01/27
. 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 drop box" means a drop box, described in Section
20A-5-403.5
, where a poll
worker may place a completed remote ballot delivered to the poll worker by a voter in
accordance with Section
20A-3a-203.5
.
(4)
(5)
"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)
(6)
"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)
(7)
"Board of canvassers" means the entities established by Sections
20A-4-301
and
20A-4-306
to canvass election returns.
(7)
(8)
"Bond election" means an election held for the purpose of approving or rejecting
the proposed issuance of bonds by a government entity.
(8)
(9)
"Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is
not a holiday.
(9)
(10)
"Business reply mail envelope" means an envelope that may be mailed free of
charge by the sender.
(10)
(11)
"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)
(12)
"Canvass" means the review of election returns and the official declaration of
election results by the board of canvassers.
(12)
(13)
"Canvassing judge" means a poll worker designated to assist in counting ballots
at the canvass.
(13)
(14)
"Contracting election officer" means an election officer who enters into a
contract or interlocal agreement with a provider election officer.
(14)
(15)
"Convention" means the political party convention at which party officers and
delegates are selected.
(15)
(16)
"Counting center" means one or more locations selected by the election officer in
charge of the election for the automatic counting of ballots.
(16)
(17)
"Counting judge" means a poll worker designated to count the ballots during
election day.
(17)
(18)
"Counting room" means a suitable and convenient private place or room for use
by the poll workers and counting judges to count ballots.
(18)
(19)
"County officers" means those county officers that are required by law to be
elected.
(19)
(20)
"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)
(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.
(32)
(33)
"Holiday" means a legal holiday described in Subsections
63G-1-301(1)
and (2).
(33)
(34)
"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)
(35)
"Judicial office" means the office filled by any judicial officer.
(35)
(36)
"Judicial officer" means any justice or judge of a court of record or any county
court judge.
(36)
(37)
"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)
(38)
"Local political subdivision" means a county, a municipality, a special district, or
a local school district.
(38)
(39)
"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.
(40)
"Mail-in return envelope" means an envelope described in Subsection
20A-3a-203.6(2)

that a voter must complete, with the voter's remote ballot sealed inside, to return the
ballot by mail.
(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
structure, or a
portion of a structure, where a voter may obtain and vote a ballot in person
.
(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.
(71)
(a)
"Remote ballot" means a ballot that is mailed to a voter to be returned, after the
voter has completed the ballot and sealed the ballot in a return envelope, as follows:
(i)
to a polling place;
(ii)
to a ballot drop box;
(iii)
by mail, if the ballot is sealed in a mail-in return envelope; or
(iv)
in any other manner permitted by law.
(b)
"Remote ballot" does not include a ballot obtained and voted at a polling place.
(69)
(72)
"Resident" means a person who resides within a specific voting precinct in Utah.
(70)
(73)
"Return envelope" means
the envelope, described in Subsection 20A-3a-202(4),
provided to a voter with a manual ballot
:
(a)
a standard return envelope; or
(b)
a mail-in return envelope.
(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)
(74)
"Sample ballot" means a mock ballot similar in form to the official ballot,
published as provided in Section
20A-5-405
.
(72)
(75)
"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)
(76)
"Special district officers" means those special district board members who are
required by law to be elected.
(74)
(77)
"Special election" means an election held as authorized by Section
20A-1-203
.
(75)
(78)
"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.
(79)
"Standard return envelope" means an envelope, described in Subsection
20A-3a-202(4)
,
in which a voter places a ballot after voting at a polling place or when returning a ballot
to a ballot drop box or a polling place.
(76)
(80)
"Statewide special election" means a special election called by the governor or
the Legislature in which all registered voters in Utah may vote.
(77)
(81)
"Tabulation system" means a device or system designed for the sole purpose of
tabulating votes cast by voters at an election.
(78)
(82)
"Ticket" means a list of:
(a)
political parties;
(b)
candidates for an office; or
(c)
ballot propositions.
(79)
(83)
"Transfer case" means the sealed box used to transport voted ballots to the
counting center.
(80)
(84)
"Vacancy" means:
(a)
except as provided in Subsection
(80)(b)
(84)(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)
(85)
"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)
(85)(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)
(i)
a certified birth certificate;
(iv)
(ii)
a valid social security card;
(v)
(iii)
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)
(iv)
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)
(v)
a currently valid Utah hunting or fishing license;
(viii)
(vi)
certified naturalization documentation;
(ix)
(vii)
a currently valid license issued by an authorized agency of the United
States;
(x)
(viii)
a certified copy of court records showing the voter's adoption or name
change;
(xi)
(ix)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer
Card
card
;
(xii)
(x)
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)
(xi)
a current Utah vehicle registration.
(82)
(86)
"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)
(87)
"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)
(88)
"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)
(89)
"Voter registration deadline" means the registration deadline provided in Section
20A-2-102.5
.
(86)
(90)
"Voting area" means the area within six feet of the voting booths, voting
machines, and ballot box.
(87)
(91)
"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)
(92)
"Voting device" means any device provided by an election officer for a voter to
vote a mechanical ballot.
(89)
(93)
"Voting precinct" means the smallest geographical voting unit, established under
Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies
.
(90)
(94)
"Watcher" means an individual who complies with the requirements described in
Section
20A-3a-801
to become a watcher for an election.
(91)
(95)
"Write-in ballot" means a ballot containing any write-in votes.
(92)
(96)
"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 3. Section
20A-1-304
is amended to read:
20A-1-304
Effective
01/01/27
. Tie votes.
(1)
This section does not apply to a race conducted by instant runoff voting under Chapter
4, Part 6, Municipal Alternate Voting Methods Pilot Project.
(2)
(1)
Except as provided in Subsection
(3)
(2)
, if, after conducting a recount under
Subsection
20A-4-401(5)
20A-4-401(4)
, a tie vote occurs, the election officer shall, in a
public meeting held no later than the first business day that is at least three calendar days
after the day on which the recount canvass is completed:
(a)
determine the winning candidate, by lot, in whatever manner the election officer
determines; and
(b)
provide notice and an opportunity for each candidate involved in the tie to observe
the casting or drawing of the lot or to send a representative to observe the casting or
drawing of the lot.
(3)
(2)
(a)
If, after conducting a recount under Subsection
20A-4-401
(5)
20A-4-401(4)
,
a tie vote occurs in a primary election race for a national, statewide, or other office
that represents more than one county, the governor, lieutenant governor, and attorney
general shall, at a public meeting called by the governor and held no later than the
first business day that is at least three calendar days after the day on which the
recount canvass is completed:
(i)
determine the winning nominee, by lot, in whatever manner the governor
determines; and
(ii)
provide notice and an opportunity for each candidate involved in the tie to
observe the casting or drawing of the lot or to send a representative to observe the
casting or drawing of the lot.
(b)
If, after conducting a recount under Subsection
20A-4-401
(5)
20A-4-401(4)
, a tie
vote occurs in a primary election race for a county office, the district court judges of
the district in which the county is located shall, at a public meeting called by the
judges and held no later than the first business day that is at least three calendar days
after the day on which the recount canvass is completed:
(i)
determine the winning nominee, by lot, in whatever manner the judges determine;
and
(ii)
provide notice and an opportunity for each candidate involved in the tie to
observe the casting or drawing of the lot or to send a representative to observe the
casting or drawing of the lot.
Section 4. Section
20A-2-104
is amended to read:
20A-2-104
Effective
05/06/26
. 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
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 on or before election day?
Yes
No
If you checked "no" to the above question, are you 16 or 17 years of age and
preregistering to vote?
Yes
No
If you checked "no" to both of the prior two questions, do not complete 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
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)
:
"How would you like to receive your ballot and vote in upcoming elections?
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will
obtain a ballot at a polling place and
vote in person.
"
_____ Mail a ballot to me. After receiving a ballot by mail (choose one):
_____ I will return the ballot to a polling place or a ballot drop box.
_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
is a risk that the ballot may arrive too late to be counted)."
(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
.
(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
Subsection

(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)
, 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)
or a withholding request form described in Subsections
(7)
and
(8)
;
or
(vi)
unlawfully discloses or obtains information from a voter registration record
withheld under Subsection
(7)
or a withholding request form described in
Subsections
(7)
and
(8)
.
(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)
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)
.
(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)
, 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)
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)
(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)
, and this Subsection
(8)

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)
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)
(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)
a
statement that a voter may obtain additional information on the lieutenant governor's
website.
(c)
The plan described in Subsection
(10)(a)
may include providing the notice described
in Subsection
(10)(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)
before June 16, 2023.
Section 5. Section
20A-2-108
is amended to read:
20A-2-108
Effective
05/06/26
. 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:
"How would you like to receive your ballot and vote in upcoming elections?
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will
obtain a ballot at a polling place and
vote in person.
_____ Mail a ballot to me. After receiving a ballot by mail (choose one):
_____ I will return the ballot to a polling place or a ballot drop box.
_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
is a risk that the ballot may arrive too late to be counted).
";
(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)
, 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.
Section 6. Section
20A-2-206
is amended to read:
20A-2-206
Effective
05/06/26
. 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
.
; or
(c)
beginning no later than July 1, 2026, request to return 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)
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:
(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)
, 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:
"How would you like to receive your ballot and vote in upcoming elections?
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will
obtain a ballot at a polling place and
vote in person.
_____ Mail a ballot to me. After receiving a ballot by mail, I will (choose one):
_____ I will return the ballot to a polling place or a ballot drop box.
_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
is a risk that the ballot may arrive too late to be counted).
"
Section 7. Section
20A-2-208
is enacted to read:
20A-2-208
Effective
01/01/27
. Voter registration forms and information
available at Division of Wildlife Resources offices.
(1)
As used in this section:
(a)
"Applicant" means an individual who is:
(i)
seeking to purchase a hunting or fishing license in-person at a Division of Wildlife
Resources office; and
(ii)
eligible to register to vote under Section
20A-2-101
or to preregister to vote under
Section
20A-2-101.1
.
(b)
"Voter registration information" means information provided by the lieutenant
governor, including:
(i)
instructions for registering to vote;
(ii)
voter registration deadlines; and
(iii)
contact information for questions about voter registration.
(2)
The lieutenant governor shall provide voter registration forms and voter registration
information to each Division of Wildlife Resources office.
(3)
(a)
An applicant may receive a voter registration form when purchasing a hunting or
fishing license at a Division of Wildlife Resources office in accordance with this
Subsection
(3)
.
(b)
A Division of Wildlife Resources office shall:
(i)
provide voter registration forms and voter registration information to the public;
and
(ii)
direct any questions about voter registration to the Office of the Lieutenant
Governor or a county clerk.
(4)
The Division of Wildlife Resources shall provide a link to the state's online voter
registration application to each individual who purchases a hunting or fishing license on
the internet.
Section 8. Section
20A-2-505
is amended to read:
20A-2-505
Effective
05/06/26
. Removing names from the official register --
Determining and confirming change of residence.
(1)
A county clerk may not remove a voter's name from the official register on the grounds
that the voter has changed residence unless the voter:
(a)
confirms in writing that the voter has changed residence to a place outside the
county; or
(b)
(i)
does not vote in an election during the period beginning on the date of the
notice described in Subsection
(3)
, and ending on the day after the date of the
second regular general election occurring after the date of the notice; and
(ii)
does not respond to the notice described in Subsection
(3)
.
(2)
(a)
Within 31 calendar days after the day on which a county clerk obtains information
that a voter's address has changed, if it appears that the voter still resides within the
same county, the county clerk shall:
(i)
change the official register to show the voter's new address; and
(ii)
send to the voter, by forwardable mail, the notice described in Subsection
(3)
.
(b)
When a county clerk obtains information that a voter's address has changed and it
appears that the voter now resides in a different county, the county clerk shall verify
the changed residence by sending to the voter, by forwardable mail, the notice
described in Subsection
(3)
, printed on a postage prepaid, preaddressed return form.
(3)
(a)
Each county clerk shall use substantially the following form to notify voters whose
addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and
return this form so that we can update our voter registration records. What is your current
street address?
___________________________________________________________________________
Street
City
County
State
Zip
What is your current phone number (optional)?________________________________
What is your current email address (optional)?_________________________________
If you have not changed your residence, or have moved but stayed within the same
county, you must complete and return this form to the county clerk so that it is received by the
county clerk before 5 p.m. no later than 30 calendar days before the date of the election. If you
fail to return this form within that time:
- you may be required to show evidence of your address to the poll worker before being
allowed to vote in either of the next two regular general elections; or
- if you fail to vote at least once, from the date this notice was mailed until the passing of
two regular general elections, you will no longer be registered to vote. If you have changed
your residence and have moved to a different county in Utah, you may register to vote by
contacting the county clerk in your county.
________________________________________
Signature of Voter
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."
(b)
The form described in Subsection
(3)(a)
shall also 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
(3)(b)(i)
:
"How would you like to receive your ballot and vote in upcoming elections?
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will
obtain a ballot at a polling place and
vote in person.
_____ Mail a ballot to me. After receiving a ballot by mail (choose one):
_____ I will return the ballot to a polling place or a ballot drop box.
_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
is a risk that the ballot may arrive too late to be counted).
"
(4)
(a)
Except as provided in Subsection
(4)(b)
, the county clerk may not remove the
names of any voters from the official register during the 90 calendar days before a
regular primary election or the 90 calendar days before a regular general election.
(b)
The county clerk may remove the names of voters from the official register during
the 90 calendar days before a regular primary election or the 90 calendar days before
a regular general election if:
(i)
the voter requests, in writing, that the voter's name be removed; or
(ii)
the voter dies.
(c)
(i)
After a county clerk mails a notice under this section, the county clerk shall,
unless otherwise prohibited by law, list that voter as inactive.
(ii)
If a county clerk receives a returned voter identification card, determines that
there was no clerical error causing the card to be returned, and has no further
information to contact the voter, the county clerk shall, unless otherwise
prohibited by law, list that voter as inactive.
(iii)
An inactive voter may vote, sign petitions, and have all other privileges of a
registered voter.
(iv)
A county is not required to:
(A)
send routine mailings to an inactive voter; or
(B)
count inactive voters when dividing precincts and preparing supplies.
(5)
The lieutenant governor shall make available to a county clerk United States Social
Security Administration data received by the lieutenant governor regarding deceased
individuals.
(6)
A county clerk shall, within 10 business days after the day on which the county clerk
receives the information described in Subsection
(5)
or Subsections
26B-8-114(11)
and
(12)
relating to a decedent whose name appears on the official register, remove the
decedent's name from the official register.
(7)
Ninety calendar days before each primary and general election the lieutenant governor
shall compare the information the lieutenant governor has received under Subsection
26B-8-114(11)
with the official register of voters to ensure that all deceased voters have
been removed from the official register.
Section 9. Section
20A-3a-201
is amended to read:
20A-3a-201
Effective
01/01/27
. Voting methods.
(1)
A voter may vote as follows:
(a)
by mail;
(b)
(1)
at a polling place
, or by delivering a completed remote ballot to a poll worker at a
polling place,
during early voting hours;
(c)
(2)
at a polling place
, or by delivering a completed remote ballot to a poll worker at a
polling place,
on election day when the polls are open;
(3)
by delivering a completed remote ballot to a poll worker at a ballot drop box during the
hours that the ballot drop box is open and attended by poll workers;
(d)
(4)
if the voter is an individual with a disability, by voting remotely, via a mechanical
ballot or via electronic means if approved by the election officer;
(e)
(5)
electronically or via a federal write-in absentee ballot if the voter is a covered voter,
as defined in Section
20A-16-102
;
or
(6)
by mail, in accordance with Section
20A-3a-203.6
; or
(f)
(7)
by emergency ballot, in accordance with
Part 3, Emergency Ballots
.
(2)
A voter may not vote at a polling place if the voter voted by mail or in a manner
described in Subsections
(1)(d)
through
(f)
.
Section 10. Section
20A-3a-202
is amended to read:
20A-3a-202
Effective
01/01/27
. Conducting an election -- Mailing ballots to
voters -- Exceptions.
(1)
(a)
Except as otherwise provided for an election
held for a local tax referendum that
is
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)
, and subject to, Section
20A-3a-202.5
:
(i)
a manual ballot;
(ii)
(A)
a
standard
return envelope;
or
(B)
if required under Subsection
20A-3a-202.5(4)
or
(5)(b)(ii)
, a mail-in 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)
Section
20A-3a-202.5
;
(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
Before
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
, and you will not be permitted to return your ballot by mail unless you request to
return your ballot by mail (Exception: You may return your ballot by mail without making this
request if, on the day of the election, you are stationed outside the United States by the military
or you otherwise reside outside the United States)
. You may request to receive a ballot by mail
,
or to return 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
A standard
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
(6)
,
until January
1, 2029,
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)
(5)
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
mail-in
return envelope.
(9)
(6)
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)
(7)
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
return envelopes
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-202.5
is amended to read:
20A-3a-202.5
Effective
05/06/26
. Receiving a ballot by mail -- Making a request
-- Termination or expiration of a request -- Renewing a request.
(1)
As used in this section
, "request
:
(a)
"Request
to receive a ballot by mail" means to make a request as described in
Subsection
(2)
.
(b)
"Request to return a ballot by mail" means to make a request as described in
Subsection
(3)
.
(2)
An individual may request to receive a ballot by mail by:
(a)
making the request on a voter registration form;
(b)
making the request when the individual applies for or renews the individual's driver
license or state identification card;
(c)
making the request via the electronic system described in Section
20A-2-206
; or
(d)
making the request when the voter votes in person.
(3)
An individual may request to return a ballot by mail by:
(a)
making the request on a voter registration form;
(b)
making the request when the individual applies for or renews the individual's driver
license or state identification card;
(c)
making the request via the electronic system described in Section
20A-2-206
; or
(d)
making the request when the voter votes in person.
(3)
(4)
An
Except as provided in Subsection
(8)
, for an election held before January 1,
2029, an
election officer shall, when mailing ballots to voters under Section
20A-3a-202
,
mail a ballot
and a mail-in return envelope
to each registered voter who
:
(a)
for an election held before January 1, 2029,
is an active voter, unless the voter
requests to stop receiving a ballot by mail
; or
.
(5)
(b)
except
Except
as provided in
Subsection
(4)
Subsections
(6)
through
(8)
, for an
election held on or after January 1, 2029
, an election officer shall, when mailing
ballots to voters under Section
20A-3a-202
:
(i)
(a)
mail a ballot to each voter who:
(i)
is an active voter; and
(ii)
has, in accordance with Subsection
(2)
, made a request to receive a ballot by mail
.
; and
(b)
(i)
except as provided in Subsection
(5)(b)(ii)
, mail with the ballot a standard
return envelope; or
(ii)
if the voter has, in accordance with Subsection
(3)
, made a request to return a
ballot by mail, mail with the ballot a mail-in return envelope.
(4)
(6)
For
Except as provided in Subsection
(7)
or
(8)
, for
an election held on or after
January 1, 2029
,
:
(a)
an election officer may not mail a ballot
or a return envelope
to an individual who:
(a)
(i)
following the individual's most recent request to receive a ballot by mail:
(i)
(A)
requests to stop receiving ballots by mail; or
(ii)
(B)
does not vote in an election during a period that includes two consecutive
regular general elections; or
(b)
(ii)
has not, within eight years before the day on which the election officer mails
the bulk of the ballots for an election, made a request to receive a ballot by mail
.
;
and
(b)
an election officer who mails a ballot to an individual in accordance with this section
shall include with the ballot a standard return envelope, and may not include with the
ballot a mail-in return envelope if the individual has not, within eight years before the
day on which the election officer mails the bulk of the ballots for an election, made a
request to return a ballot by mail.
(5)
(7)
This section may not be applied in a manner that conflicts with Chapter 16,
Uniform Military and Overseas Voters Act.
(8)
In an election held for a local tax law referendum that is conducted entirely by mail
under Section
20A-7-609.5
, the election officer shall send by mail to a registered voter a
ballot and a mail-in return envelope, regardless of whether the registered voter:
(a)
requests to receive a ballot by mail;
(b)
requests to stop receiving a ballot by mail; or
(c)
requests to return a ballot by mail.
Section 12. Section
20A-3a-203
is amended to read:
20A-3a-203
Effective
01/01/27
. Voting at a polling place.
(1)
A registered voter may vote at a polling place
, or return a remote ballot to 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)
if the voter is returning a remote ballot, issue the voter a provisional ballot
envelope;
(ii)
(iii)
if the voter is voting in-person,
issue the voter a provisional ballot;
and
(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, 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
at a polling place
shall check the official register
to determine
:
(a)
to determine
whether a voter is registered to vote; and
(b)
if the election is
for a voter who seeks to obtain a ballot from a polling place during

a regular primary election or a presidential primary election,
to determine
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,
when a voter seeks to obtain a ballot from a polling place
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)
for a voter who seeks to obtain a ballot from a polling place,
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;
and
(b)
(i)
if the voter is returning a remote ballot:
(A)
ensure that the voter seals the remote ballot in a return envelope; and
(B)
after complying with Subsection (7)(b)(i)(A), accept the return envelope from
the voter and place the return envelope in the ballot box; or
(ii)
if the voter seeks to obtain a ballot at the polling place:
(b)
(A)
provide to the voter the ballot that the voter is qualified to vote;
and
(B)
provide to the voter a standard return envelope; and
(c)
(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 13. Section
20A-3a-203.5
is enacted to read:
20A-3a-203.5
Effective
01/01/27
. Returning a remote ballot to a ballot drop box.
(1)
A registered voter may return a remote ballot to a ballot drop box in accordance with
this section.
(2)
A voter may not return a remote ballot to a ballot drop box, unless the ballot drop box is
attended by two or more poll workers.
(3)
When returning a remote ballot to a ballot drop box:
(a)
the voter shall present to one of the poll workers:
(i)
the return envelope, with the remote ballot sealed inside; and
(ii)
a type of valid voter identification described in Subsection
20A-1-102(85)(a)
or
(b)
; and
(b)
the poll worker shall:
(i)
examine the return envelope and the identification described in Subsection
(3)(a)
;
and
(ii)
determine whether the identification presented:
(A)
is a type of valid voter identification described in Subsection
20A-1-102(85)(a)

or
(b)
; and
(B)
in accordance with Subsection
(4)
, identifies the individual presenting the
identification as the voter to whom the ballot relates.
(4)
A poll worker shall make the determination described in Subsection
(3)(b)(ii)(B)
as
follows:
(a)
if the valid voter identification described in Subsection
(3)(b)(ii)(A)
includes a
photograph of the individual identified:
(i)
compare the photograph to the individual presenting the identification to
determine whether the individual presenting the identification is the individual in
the photograph; and
(ii)
determine whether the name that appears on the return envelope:
(A)
is the name of the individual in the identification; and
(B)
is otherwise consistent with the individual presenting the identification; or
(b)
if the valid voter identification described in Subsection
(3)(b)(ii)(A)
does not include
a photograph of the individual identified, determine whether the name that appears on
the return envelope:
(i)
is the name of the individual in the identification; and
(ii)
is otherwise consistent with the individual presenting the identification.
(5)
After complying with Subsection
(3)(b)
:
(a)
the poll worker shall place the ballot in the ballot drop box if, in accordance with
Subsection
(4)
, the poll worker determines that the identification presented:
(i)
is a type of valid voter identification described in Subsection
20A-1-102(85)(a)
or
(b)
; and
(ii)
identifies the individual presenting the identification as the voter to whom the
ballot relates; or
(b)
if the poll worker is unable to make both determinations described in Subsections
(5)(a)(i)
and
(ii)
, the poll worker shall:
(i)
return the return envelope to the individual who presented the return envelope; and
(ii)
direct the individual to a polling place where the voter may:
(A)
establish the voter's identity with any type of valid voter identification; or
(B)
cast a provisional ballot.
Section 14. Section
20A-3a-203.6
is enacted to read:
20A-3a-203.6
Effective
01/01/27
. Returning a remote ballot by mail --
Application -- Mail-in return envelope.
(1)
A voter:
(a)
may return a remote ballot by mail in the mail-in envelope that the election officer, in
accordance with Subsection
20A-3a-202.5(4)
or
(5)(b)(ii)
, sent to the voter with the
voter's ballot; and
(b)
may not return a remote ballot by mail in a standard return envelope or in an
envelope other than the envelope described in Subsection
(1)(a)
.
(2)
A mail-in return envelope shall include:
(a)
the official title, and post office address of the election officer on the front of the
envelope;
(b)
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;
(c)
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;
I am entitled to vote in this election; and
I am not a convicted felon currently incarcerated for commission of a felony.
______________________________
Signature of Voter"; and
(d)
a warning that the affidavit must be signed by the individual to whom the ballot was
sent and that the ballot will not be counted if the signature on the affidavit does not
match the signature on file with the election officer of the individual to whom the
ballot was sent.
(3)
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.
(4)
To return a remote ballot by mail, the voter shall comply with Subsections
20A-3a-204(1)
, (4), and (5)(a).
(5)
A voter may return a remote ballot that was provided to the voter with a mail-in return
envelope to a polling place or a ballot drop box by:
(a)
sealing the ballot in the mail-in return envelope, or in a standard return envelope that
is provided by a poll worker at a polling place; and
(b)
(i)
at a polling place, complying with Section
20A-3a-203
; or
(ii)
at a ballot drop box, complying with Section
20A-3a-203.5
.
(6)
If a voter returns a ballot sealed in a mail-in return envelope to a polling place or a
ballot drop box, the poll workers shall process the ballot as a remote ballot returned,
in-person, in a standard return envelope and not as a remote ballot returned by mail.
(7)
Upon receipt of a remote ballot that is returned by mail in accordance with this section,
the election officer shall review and process the ballot under Section
20A-3a-401
.
Section 15. Section
20A-3a-204
is amended to read:
20A-3a-204
Effective
01/01/27
. Marking a manual ballot -- Returning a ballot
by mail, at an election officer's office, or via a ballot drop box -- Depositing a ballot
received by mail at a polling place.
(1)
To vote a manual ballot:
(a)
except as provided in Subsection (7),
the voter shall prepare the voter's manual
ballot by marking the appropriate space with a mark opposite the name of each
candidate of the voter's choice for each office to be filled;
(b)
if a ballot proposition is submitted to a vote of the people, the voter shall mark the
appropriate space with a mark opposite the answer the voter intends to make;
(c)
except as provided in Subsection (7),
the voter shall record a write-in vote in
accordance with Subsection
20A-3a-206(1)
;
and
(d)
except as provided in Subsection (7),
a mark is not required opposite the name of a
write-in candidate
.
; and
(e)
the voter shall place the ballot in the return envelope and seal the return envelope.
(2)
Except to the extent otherwise required for a voter who casts a provisional ballot, a
voter who votes a manual ballot at a polling place shall, after complying with Section
20A-3a-203
and Subsection
(1)
, deposit the return envelope in the ballot box at the
polling place.
(3)
Except to the extent otherwise required for a voter who casts a provisional ballot, if a
voter returns a remote ballot to a polling place:
(a)
the voter shall, after complying with Section
20A-3a-203
and Subsection
(1)
, deliver
the return envelope to the poll worker; and
(b)
the poll worker shall immediately place the return envelope in the ballot box.
(2)
(4)
Before returning a ballot mailed to the voter
If a voter returns a ballot by mail
, the
voter shall:
(a)
complete and sign the affidavit on the
mail-in
return envelope;
(b)
enter the last four digits of the voter's Utah driver license or Utah state identification
card;
(c)
beginning on January 1, 2029, if the voter does not have a Utah driver license or
Utah state identification card:
(i)
write the last four digits of the voter's social security card on the return envelope;
or
(ii)
include in the return envelope a photocopy of one of the following forms of
identification for the voter:
(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;
(d)
place the voted ballot in the
mail-in
return envelope;
(e)
if required by the election officer because the voter has not yet provided valid voter
identification with the voter's voter registration record, include a copy of the voter's
valid voter identification with the ballot inside the
mail-in
return envelope;
(f)
securely seal the
mail-in
return envelope; and
(g)
if returning the ballot by mail,
attach postage, if necessary, and deposit the
mail-in
return envelope in the mail.
(3)
(5)
(a)
Except as otherwise provided in Section
20A-16-404
, to be valid, a ballot that
is mailed must be received by the election officer on or before
8 p.m. on
election
day
at 8 p.m
.
(b)
Except as provided in Subsection
(3)(c)
(5)(c)
, to be valid, a ballot returned by a
method other than by mail shall, before 8 p.m. on election day, be:
(i)
deposited in a ballot box at a polling place;
(ii)
deposited in
a
an attended
ballot drop box designated by an election officer for
the jurisdiction to which the ballot relates; or
(iii)
otherwise received by the election officer.
(c)
An election officer may, but is not required to, forward a ballot deposited in a ballot
drop box in the wrong jurisdiction to the correct jurisdiction.
(d)
An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
polling place or a ballot drop box, is allowed to, after complying with Section
20A-3a-203
and Subsection
(1)
:
(i)
vote at the polling place; or
(ii)
if the voter has a sealed return envelope containing a remote ballot in the voter's
possession, deliver the return envelope to a poll worker for placement in the ballot
box or ballot drop box.
(d)
An election officer shall ensure that a voter who is, at or before 8 p.m. on election
day:
(i)
in line at a ballot drop box, with a sealed return envelope containing a ballot in
the voter's possession, is allowed to deposit the ballot in the ballot drop box; or
(ii)
in line at a polling place, is allowed to vote.
(4)
(a)
Except as provided in Subsection (6), to vote at a polling place the voter shall,
after complying with Subsections
(1)(a)
through
(d)
:
(i)
sign the official register or pollbook; and
(ii)
place the ballot in the ballot box; or
(b)
(6)
If the ballot that a voter votes at a polling place is a provisional ballot, the voter
shall place the ballot in the provisional ballot envelope, complete the information printed
on the provisional ballot envelope, and
deposit
give
the provisional ballot envelope
to a
poll worker for placement
in the provisional ballot box.
(5)
(7)
(a)
An individual with a disability may vote a mechanical ballot at a polling
place.
(b)
An individual other than an individual with a disability may vote a mechanical ballot
at a polling place if permitted by the election officer.
(6)
(8)
To vote a mechanical ballot, the voter shall:
(a)
make the selections according to the instructions provided for the voting device; and
(b)
subject to Subsection (7),
record a write-in vote by:
(i)
selecting the appropriate position for entering a write-in candidate; and
(ii)
using the voting device to enter the name of the valid write-in candidate for
whom the voter wishes to vote.
(7)
To vote in an instant runoff voting race under Chapter 4, Part 6, Municipal Alternate
Voting Methods Pilot Project, a voter:
(a)
shall indicate, as directed on the ballot, the name of the candidate who is the voter's
first preference for the office; and
(b)
may indicate, as directed on the ballot, the names of the remaining candidates in
order of the voter's preference.
(8)
(9)
A voter who votes at a polling place:
(a)
shall mark and cast or deposit the ballot without delay and shall leave the voting area
after voting; and
(b)
may not:
(i)
occupy a voting booth occupied by another, except as provided in Section
20A-3a-208
;
(ii)
remain within the voting area more than 10 minutes; or
(iii)
occupy a voting booth for more than five minutes if all booths are in use and
other voters are waiting to occupy a voting booth.
(9)
(10)
If the official register shows any voter as having voted, that voter may not reenter
the voting area during that election unless that voter is an election official or watcher.
(10)
(11)
A poll worker may not, at a polling place, allow more than four voters more than
the number of voting booths into the voting area at one time unless those excess voters
are:
(a)
election officials;
(b)
watchers; or
(c)
assisting voters with a disability.
Section 16. Section
20A-3a-205
is amended to read:
20A-3a-205
Effective
01/01/27
. Manner of voting -- Provisional ballot.
(1)
The poll workers shall follow the procedures and requirements of this section when:
(a)
the individual's right to vote is challenged as provided in Section
20A-3a-803
or
20A-3a-805
;
(b)
the individual's name is not found on the official register; or
(c)
the poll worker is not satisfied that the voter has provided valid voter identification.
(2)
When faced with one of the circumstances described in Subsection
(1)(a)
or
(b)
, the poll
worker shall:
(a)
request that the individual provide valid voter identification; and
(b)
review the identification provided by the individual.
(3)
If the poll worker is satisfied that the individual has provided valid voter identification
that establishes the individual's identity and residence in the voting precinct:
(a)
the poll worker in charge of the official register shall:
(i)
record in the official register the type of identification that established the
individual's identity and place of residence;
(ii)
record the provisional ballot envelope number in association with the name of the
individual; and
(iii)
direct the individual to sign the individual's name in the official register or
pollbook; and
(b)
the poll worker having charge of the ballots shall:
(i)
if the individual is returning a remote ballot, give the individual a provisional
ballot envelope;
(ii)
if the individual is at a polling place and is voting in person:
(i)
(A)
give the individual a provisional ballot; and
(ii)
(B)
allow the individual to enter the voting booth
.
; and
(iii)
accept the provisional ballot only after the voter completes, and seals the voter's
ballot in, the provisional ballot envelope.
(4)
If the poll worker is not satisfied that the individual has provided valid voter
identification that establishes the individual's identity and residence in the voting
precinct:
(a)
the poll worker in charge of the official register shall:
(i)
record in the official register that the voter did not provide valid voter
identification;
(ii)
record in the official register the type of identification that was provided by the
individual, if any;
(iii)
record the provisional ballot envelope number in association with the name of
the individual; and
(iv)
direct the individual to sign the individual's name in the official register or
pollbook; and
(b)
the poll worker having charge of the ballots shall:
(i)
if the individual is returning a remote ballot, give the individual a provisional
ballot envelope;
(ii)
if the individual is at a polling place and is voting in-person:
(i)
(A)
give the individual a provisional ballot; and
(ii)
(B)
allow the individual to enter the voting booth
.
;
(iii)
accept the provisional ballot only after the voter completes, and seals the voter's
ballot in, the provisional ballot envelope; and
(iv)
notify the voter that the voter will have until noon on the day before the day of
the canvass for the election to present valid voter identification to:
(A)
the county clerk at the county clerk's office; or
(B)
to an election officer who is administering an election.
(5)
When, at a polling place, the election officer is required to furnish more than one
version of a ballot, the poll workers at that polling place shall give the registered voter
the version of the ballot that the voter is qualified to vote.
Section 17. Section
20A-3a-301
is amended to read:
20A-3a-301
Effective
05/06/26
. Emergency ballots -- Hospitalized voter
returning ballot my mail without standard identification.
(1)
As used in this section, "hospitalized voter" means a registered voter who:
(a)
is:
(i)
hospitalized;
(ii)
confined in hospice care, a treatment facility, or a long-term care institution
facility
; or
(iii)
due to age
or
,
illness,
is
or disability,
restricted in the ability to travel from the
voter's permanent or temporary residence; and
(b)
is able to vote a manual ballot.
(2)
A hospitalized voter who has not received a ballot by mail, or does not have possession
of a ballot sent to the voter by mail may, in accordance with this section, obtain a
manual ballot
with a mail-in return envelope
to use as an emergency ballot and vote at
any time after the election officer mails manual ballots to the majority of voters and
before the close of polls on election day.
(3)
An individual may obtain an emergency ballot application, a manual ballot, and a
mail-in
return envelope from the election officer on behalf of a hospitalized voter by:
(a)
requesting a
manual
ballot
, a mail-in return envelope,
and
the
application in person at
the election officer's office during business hours;
(b)
presenting valid voter identification for the individual requesting the
manual
ballot

and mail-in return envelope
on the hospitalized voter's behalf; and
(c)
signing a statement, created by the lieutenant governor, where the individual, under
penalty of perjury:
(i)
identifies the individual;
(ii)
identifies the hospitalized voter and explains the reason the hospitalized voter
qualifies as
an exempt
a hospitalized
voter; and
(iii)
states that the individual:
(A)
is obtaining the
manual
ballot
and the mail-in return envelope
at the request of
the hospitalized voter;
(B)
will not request, persuade, or otherwise induce the voter to vote for or vote
against any particular candidate or issue;
(C)
will not release any information regarding the voter's votes; and
(D)
will not alter the voter's votes.
(4)
An election officer who provides the items described in Subsection
(3)
shall mark the
mail-in return envelope as an emergency ballot.
(4)
(5)
To vote, a hospitalized voter described in Subsection
(2)
shall:
(a)
complete the emergency ballot application and enclose the application in the
mail-in
return envelope;
(b)
complete, and sign the affidavit on, the
mail-in
return envelope;
(c)
mark the voter's votes on the manual ballot;
(d)
if the voter did not provide the last four digits of the voter's Utah driver license, Utah
state identification card, or social security number:
(i)
include in the
mail-in
return envelope a photocopy of a type of identification
described in Subsection
20A-3a-204(2)(c)(ii)
20A-3a-204(4)(c)(ii)
; or
(ii)
if the voter does not have a type of identification described in Subsection
20A-3a-204(2)(c)(ii)
20A-3a-204(4)(c)(ii)
, include in the
mail-in
return envelope
another type of valid voter identification;
(e)
place the manual ballot into the
mail-in return
envelope; and
(f)
seal the
mail-in return
envelope unless a different method is authorized under Section
20A-1-308
.
(5)
(6)
For a ballot described in Subsection
(4)
(5)
to be counted, the emergency voter
application and the sealed
manual ballot
mail-in return
envelope must be returned to the
election officer's office in accordance with the requirements of this chapter.
(6)
(7)
An election officer shall design an emergency ballot application and ensure that the
application includes the check box and statement described in Subsection
20A-3a-401(7)(d)(v)
.
(7)
(8)
Beginning on January 1, 2029, a hospitalized voter who receives a ballot by mail

with a mail-in return envelope
may, if the voter is unable to provide the digits described
in Subsection
20A-3a-401(4)(b)(i)
,
return the ballot by mail by including
include
in the
return envelope:
(a)
a photocopy of a type of identification described in Subsection
20A-3a-204(2)(c)(ii)
20A-3a-204(4)(c)(ii)
; or
(b)
if the voter does not have a type of identification described in Subsection
20A-3a-204(2)(c)(ii)
20A-3a-204(4)(c)(ii)
:
(i)
a photocopy of another type of valid voter identification; and
(ii)
a document showing that the voter is a hospitalized voter.
Section 18. Section
20A-3a-401
is amended to read:
20A-3a-401
Effective
01/01/27
. Custody of remote ballots returned by mail --
Disposition -- Notice -- Disclosures relating to unresolved ballots.
(1)
(a)
This section governs
remote
ballots returned by mail
, via a ballot drop box, or by
other legal means
under Subsection
20A-3a-203.6(1)(a)
.
(b)
Except for a ballot returned under Chapter 16, Uniform Military and Overseas Voters
Act, if a remote ballot returned by mail is not sealed in a mail-in return envelope, or
is sealed in a mail-in return envelope that was not issued by the election officer for
the voter identified on the mail-in return envelope, the election officer shall:
(i)
reject the ballot; and
(ii)
if possible:
(A)
notify the voter that the ballot was rejected and the reason the ballot was
rejected; and
(B)
if it is not too late for the voter to cast a ballot in a manner permitted by law,
inform the voter how the voter may vote.
(2)
Poll workers shall process
mail-in
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
mail-in
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
mail-in
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
mail-in
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
mail-in
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
mail-in
return envelope does not contain the digits described in Subsection
(4)(b)(i)
, that the voter included in the
mail-in
return envelope a copy of the
identification described in Subsection
20A-3a-204(2)(c)(ii)
20A-3a-204(4)(c)(ii)
;
or
(iii)
(A)
for a voter described in Subsection
20A-3a-301(7)
20A-3a-301(8)
, that
the voter complied with Subsection
20A-3a-301(7)
20A-3a-301(8)
;
and
(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
mail-in
return envelope.
(5)
(a)
If the poll workers make all of the findings described in Subsection
(4)
, the poll
workers shall:
(i)
remove the manual ballot from the
mail-in
return envelope in a manner that does
not destroy the affidavit on the
mail-in
return envelope;
(ii)
ensure that the ballot is not examined in connection with the
mail-in
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
mail-in
return
envelope, record the ballot as "rejected" and state the reason for the rejection; and
(iii)
except as provided in Subsection
(6)
, place the
mail-in
return envelope,
unopened, with the other rejected return envelopes.
(6)
A poll worker may open a
mail-in
return envelope, if necessary, to determine
compliance with Subsection
(4)(b)(ii)
, (4)(b)(iii)
(4)(b)(i)(B) or (C)
, or (4)(g).
(7)
(a)
If the poll workers reject an individual's ballot because the poll workers determine
that the
mail-in
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
mail-in
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)
(4)(a) or (b)
, 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
mail-in
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
remote
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, count the individual's
remote
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
mail-in
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 19. Section
20A-3a-805
is amended to read:
20A-3a-805
Effective
01/01/27
. Challenges to a voter's eligibility at polling
place -- Procedure.
(1)
(a)
A poll worker, a watcher, or an individual who resides in the jurisdiction to which
the election relates may, at a polling place, challenge an individual's eligibility to vote
a particular ballot or to vote in that election if:
(i)
the individual making the challenge and the challenged individual are both present
at the polling place at the time the challenge is made; and
(ii)
the challenge is made

:
(A)
before the challenged individual applies for a ballot
.
; or
(B)
in relation to an individual who is returning a remote ballot, before a poll
worker accepts the ballot.
(b)
An individual may make a challenge by orally stating the challenged individual's
name and the basis for the challenge, as provided under Section
20A-3a-803
.
(2)
The poll worker shall record a challenge in the official register or on the challenge
sheets in the pollbook, including:
(a)
the name of the challenged individual;
(b)
the name of the individual making the challenge; and
(c)
the basis upon which the challenge is made.
(3)
If an individual's eligibility to vote is challenged under this section, the poll worker shall
follow the procedures and requirements of Section
20A-3a-205
.
Section 20. Section
20A-4-101
is amended to read:
20A-4-101
Effective
01/01/27
. Manual ballots cast at a polling place --
Counting manual ballots at a polling place on day of election before polls close.
(1)
Each county legislative body, municipal legislative body, and each poll worker shall
comply with the requirements of this section when counting manual ballots on the day of
an election, if:
(a)
the ballots are cast at a polling place; and
(b)
the ballots are counted at the polling place before the polls close.
(2)
(a)
Each county legislative body or municipal legislative body shall provide:
(i)
two sets of ballot boxes for all voting precincts where both receiving and counting
judges have been appointed; and
(ii)
a counting room for the use of the poll workers counting the ballots during the
day.
(b)
At any election in any voting precinct in which both receiving and counting judges
have been appointed, when at least 20 votes have been cast, the receiving judges shall:
(i)
close the first ballot box and deliver it to the counting judges; and
(ii)
prepare and use another ballot box to receive voted ballots.
(c)
Except as provided in Subsection
(2)(f)
, upon receipt of the ballot box, the counting
judges shall:
(i)
take the ballot box to the counting room;
(ii)
count the votes on the regular ballots in the ballot box;
(iii)
place the provisional ballot envelopes in the envelope or container provided for
them for return to the election officer; and
(iv)
when they have finished counting the votes in the ballot box, return the emptied
box to the receiving judges.
(d)
(i)
During the course of election day, whenever there are at least 20 ballots
contained in a ballot box, the receiving judges shall deliver that ballot box to the
counting judges for counting; and
(ii)
the counting judges shall immediately count the regular ballots and segregate the
provisional ballots contained in that box.
(e)
The counting judges shall continue to exchange the ballot boxes and count ballots
until the polls close.
(f)
(i)
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
, describing the procedures that a counting judge is required to
follow for counting ballots in an instant runoff voting race under
Part 6, Municipal
Alternate Voting Methods Pilot Project
.
(ii)
When counting ballots in an instant runoff voting race described in
Part 6,
Municipal Alternate Voting Methods Pilot Project
, a counting judge shall comply
with the procedures established under Subsection
(2)(f)(i)
and
Part 6, Municipal
Alternate Voting Methods Pilot Project
.
(3)
To resolve questions that arise during the counting of ballots, a counting judge shall
apply the standards and requirements of
:
,
(a)
to the extent applicable, Section
20A-4-105
; and
.
(b)
as applicable, for an instant runoff voting race under
Part 6, Municipal Alternate
Voting Methods Pilot Project
, Subsections
20A-4-603(3)
through
(5)
.
Section 21. Section
20A-4-102
is amended to read:
20A-4-102
Effective
01/01/27
. Manual ballots cast at a polling place --
Counting manual ballots at a polling place on day of election after polls close.
(1)
(a)
This section governs counting manual ballots on the day of an election, if:
(i)
the ballots are cast at a polling place; and
(ii)
the ballots are counted at the polling place after the polls close.
(b)
Except as provided in Subsection
(2)
or a rule made under Subsection
20A-4-101(2)(f)(i)
, as soon as the polls have been closed and the last qualified voter
has voted, the election judges shall count the ballots by performing the tasks
specified in this section in the order that they are specified.
(c)
To resolve questions that arise during the counting of ballots, a counting judge shall
apply the standards and requirements of
:
,
(i)
to the extent applicable, Section
20A-4-105
; and
.
(ii)
as applicable, for an instant runoff voting race under
Part 6, Municipal Alternate
Voting Methods Pilot Project
, Subsections
20A-4-603(3)
through
(5)
.
(2)
(a)
First, the election judges shall count the number of ballots in the ballot box.
(b)
(i)
If there are more ballots in the ballot box than there are names entered in the
pollbook, the judges shall examine the official endorsements on the ballots.
(ii)
If, in the unanimous opinion of the judges, any of the ballots do not bear the
proper official endorsement, the judges shall put those ballots in an excess ballot
file and not count
them
those ballots
.
(c)
(i)
If, after examining the official endorsements, there are still more ballots in the
ballot box than there are names entered in the pollbook, the judges shall place the
remaining ballots back in the ballot box.
(ii)
One of the judges, without looking, shall draw a number of ballots equal to the
excess from the ballot box.
(iii)
The judges shall put those excess ballots into the excess ballot envelope and not
count them.
(d)
When the ballots in the ballot box equal the number of names entered in the
pollbook, the judges shall count the votes.
(3)
The judges shall:
(a)
place all unused ballots in the envelope or container provided for return to the county
clerk or city recorder; and
(b)
seal that envelope or container.
(4)
The judges shall:
(a)
place all of the provisional ballot envelopes in the envelope provided for them for
return to the election officer; and
(b)
seal that envelope or container.
(5)
(a)
In counting the votes, the election judges shall read and count each ballot
separately.
(b)
In regular primary elections the judges shall:
(i)
count the number of ballots cast for each party;
(ii)
place the ballots cast for each party in separate piles; and
(iii)
count all the ballots for one party before beginning to count the ballots cast for
other parties.
(6)
(a)
In all elections, the counting judges shall
, except as provided in
Part 6, Municipal
Alternate Voting Methods Pilot Project
, or a rule made under Subsection
20A-4-101(2)(f)(i)
:
(i)
count one vote for each candidate designated by the marks in the squares next to
the candidate's name;
(ii)
count each vote for each write-in candidate who has qualified by filing a
declaration of candidacy under Section
20A-9-601
;
(iii)
read every name marked on the ballot and mark every name upon the tally sheets
before another ballot is counted;
(iv)
evaluate each ballot and each vote based on the standards and requirements of
Section
20A-4-105
;
(v)
write the word "spoiled" on the back of each ballot that lacks the official
endorsement and deposit it in the spoiled ballot envelope; and
(vi)
read, count, and record upon the tally sheets the votes that each candidate and
ballot proposition received from all ballots, except excess or spoiled ballots.
(b)
Election judges need not tally write-in votes for fictitious persons, nonpersons, or
persons clearly not eligible to qualify for office.
(c)
The judges shall certify to the accuracy and completeness of the tally list in the space
provided on the tally list.
(d)
When the judges have counted all of the voted ballots, they shall record the results
on the total votes cast form.
(7)
(a)
Except as provided in Subsection
(7)(b)
, only an election judge and a watcher may
be present at the place where counting is conducted until the count is completed.
(b)
(i)
An auditor conducting an audit described in Section
36-12-15.2
may be present
at the place where counting is conducted, regardless of whether the count is
completed.
(ii)
The lieutenant governor may be present at the place where counting is conducted,
regardless of whether the count is completed.
Section 22. Section
20A-4-102.5
is enacted to read:
20A-4-102.5
Effective
01/01/27
. Preparing remote ballots returned to a ballot
drop box for counting.
(1)
Before counting remote ballots that are returned to a ballot drop box, the election officer
shall, for each return envelope returned:
(a)
record the voting history for the voter;
(b)
verify that the voter has not already voted; and
(c)
verify that the voter is registered to vote in the jurisdiction to which the ballot relates.
(2)
If an election officer is unable to make the verification described in Subsection
(1)(b)
or
(c)
, the election officer shall:
(a)
reject the ballot; and
(b)
if possible:
(i)
notify the voter that the ballot was rejected and the reason the ballot was rejected;
and
(ii)
if it is not too late for the voter to cast a ballot in a manner permitted by law,
inform the voter how the voter may vote.
Section 23. Section
20A-4-105
is amended to read:
20A-4-105
Effective
01/01/27
. Standards and requirements for evaluating
voter's ballot choice.
(1)
(a)
An election officer shall ensure that when a question arises regarding a vote
recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except
as otherwise provided in
Part 6, Municipal Alternate Voting Methods Pilot Project
, in
accordance with the requirements of this section.
(b)
If the counting judges disagree on the disposition of a vote recorded on a ballot that
is adjudicated under this section, the counting judges may not count the vote.
(c)
An election officer shall store adjudicated ballots separately from other ballots to
enable a court to review the ballots if the election is challenged in court.
(2)
Except as provided in Subsection
(10)
,
Subsection
20A-3a-204(7)
, or
Part 6, Municipal
Alternate Voting Methods Pilot Project
,
if a voter marks more names than there are
individuals to be elected to an office, or if the counting judges cannot determine a voter's
choice for an office, the counting judges may not count the voter's vote for that office.
(3)
Except as otherwise provided in
Part 6, Municipal Alternate Voting Methods Pilot
Project
, the
The
counting judges shall count a defective or incomplete mark on a manual
ballot if:
(a)
the defective or incomplete mark is in the proper place; and
(b)
there is no other mark or cross on the ballot indicating the voter's intent to vote other
than as indicated by the incomplete or defective mark.
(4)
Except as otherwise provided in
Part 6, Municipal Alternate Voting Methods Pilot
Project
, the
The
counting judges

may not reject a ballot marked by the voter because
of marks on the ballot other than those marks allowed by this section unless the
extraneous marks on a ballot show an intent by an individual to mark the individual's
ballot so that the individual's ballot can be identified.
(5)
(a)
In counting the ballots, the counting judges shall give full consideration to the
intent of the voter.
(b)
The counting judges may not invalidate a ballot because of mechanical or technical
defects in voting or failure on the part of the voter to follow strictly the rules for
balloting required by
Chapter 3a, Voting
.
(6)
The counting judges may not reject a ballot because of an error in:
(a)
stamping or writing an official endorsement; or
(b)
delivering the wrong ballots to a polling place.
(7)
The counting judges may not count a manual ballot that does not have the official
endorsement by an election officer.
(8)
The counting judges may not count a ballot proposition vote or candidate vote for which
the voter is not legally entitled to vote, as defined in Section
20A-4-107
.
(9)
If the counting judges discover that the name of a candidate is misspelled on a ballot,
or that the initial letters of a candidate's given name are transposed or omitted in whole
or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it
is apparent that the voter intended to vote for the candidate.
(10)
The counting judges shall count a vote for the president and the vice president of any
political party as a vote for the presidential electors selected by the political party.
(11)
Except as otherwise provided in
Part 6, Municipal Alternate Voting Methods Pilot
Project
, in
In
counting the valid write-in votes, if, by casting a valid write-in vote, a
voter has cast more votes for an office than that voter is entitled to vote for that office,
the counting judges shall count the valid write-in vote as being the obvious intent of the
voter.
Section 24. Section
20A-4-304
is amended to read:
20A-4-304
Effective
01/01/27
. Declaration of results -- Canvassers' report.
(1)
(a)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
A
board of canvassers shall declare "elected" or "nominated" those persons who:
(i)
had the highest number of votes; and
(ii)
sought election or nomination to an office completely within the board's
jurisdiction.
(b)
Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a
A

board of canvassers shall declare a "tie vote" if:
(i)
two or more candidates for an office receive an equal and the highest number of
votes for that office; or
(ii)
in a race for an at-large office:
(A)
two or more candidates receive an equal number of votes; and
(B)
a recount is necessary to determine which candidates are elected to the at-large
office.
(c)
A board of canvassers shall declare:
(i)
"approved" those ballot propositions that:
(A)
had more "yes" votes than "no" votes; and
(B)
were submitted only to the voters within the board's jurisdiction; or
(ii)
"rejected" those ballot propositions that:
(A)
had more "no" votes than "yes" votes or an equal number of "no" votes and
"yes" votes; and
(B)
were submitted only to the voters within the board's jurisdiction.
(d)
A board of canvassers shall:
(i)
certify the vote totals for candidates and for and against ballot propositions that
were submitted to voters within and beyond the board's jurisdiction and transmit
those vote totals to the lieutenant governor; and
(ii)
if applicable, certify the results of each special district election to the special
district clerk.
(2)
The election officer shall submit a report to the board of canvassers that includes the
following information:
(a)
a statement of votes cast, disclosing:
(i)
the total number of votes cast in the board's jurisdiction; and
(ii)
for each office that appeared on the ballot:
(A)
the name of each candidate whose name appeared on the ballot; and
(B)
whether the candidate is an unaffiliated candidate, a valid write-in candidate,
or, if the candidate is affiliated with or the nominee of a registered political
party, the name of the registered political party;
(b)
the title of each ballot proposition that appeared on the ballot;
(c)
the total number of votes given in the board's jurisdiction to each candidate, and for
and against each ballot proposition;
(d)
from each voting precinct:
(i)
the number of votes for each candidate;
and
(ii)
for each race conducted by instant runoff voting under Part 6, Municipal
Alternate Voting Methods Pilot Project, the number of valid votes cast for each
candidate for each potential ballot-counting phase and the name of the candidate
excluded in each ballot-counting phase; and
(iii)
(ii)
the number of votes for and against each ballot proposition;
(e)
standardized statistics, on a form provided by the lieutenant governor, disclosing, at a
minimum:
(i)
the number of active voters in the board's jurisdiction as of the Friday before
election day;
(ii)
the number of ballots counted by the election officer that were cast by voters who
registered to vote on election day under Section
20A-2-207
;
(iii)
the total number of ballots counted by the election officer;
(iv)
the quotient of the number described in Subsection
(2)(e)(iii)
divided by the sum
of the numbers described in Subsections
(2)(e)(i)
and
(ii)
;
(v)
of the number described in Subsection
(2)(e)(iii)
:
(A)
the number of provisional ballots cast at a polling place; and
(B)
the number of ballots cast using a voting method described in Section
20A-3a-201
;
(vi)
a reconciliation of the number of ballots the election officer counted and the
number of voters given credit for voting in the election;
(vii)
if there is a difference between the numbers described in Subsection
(2)(e)(vi)
,
an explanation for the difference;
(viii)
the number of provisional ballots that could not legally be counted; and
(ix)
each of the following:
(A)
the number of ballots, other than provisional ballots, that were rejected
because the ballots could not legally be cured;
(B)
the number of ballots, other than provisional ballots, that were rejected, could
have been cured by the voter, but were not cured;
(C)
the number of uncounted ballots received after the deadline described in
Subsection
20A-3a-204(3)
20A-3a-204(5)
; and
(D)
the percentage of ballots that were returned as undeliverable;
(f)
subject to Subsection
(3)
, a cast vote record report that contains only the following
information from the election results database:
(i)
for the jurisdiction administering the election:
(A)
the title of each ballot proposition appearing on the ballots;
(B)
a description of each race for federal office, statewide office, state legislative
office, state school board office, county office, local school board office, or
municipal office appearing on the ballots; and
(C)
the name of each candidate for an office described in Subsection
(2)(f)(i)(B)
;
(ii)
the numeric identifier described in Subsection
20A-5-802.5(2)(b)
;
(iii)
the vote cast by a voter for:
(A)
a candidate for an office described in Subsection
(2)(f)(i)(B)
;
(B)
a valid write-in candidate; and
(C)
each ballot proposition;
(iv)
if a voter's vote was not counted, an indication that the vote was not counted
because:
(A)
the voter cast a vote for more than one candidate for a single office; or
(B)
the voter made more than one selection for a single ballot proposition;
(v)
if a voter was eligible to cast a vote, but did not cast a vote, an indication that the
voter did not cast a vote; and
(vi)
if a ballot proposition or an office described in Subsection
(2)(f)(i)(B)
did not
appear on the voter's ballot:
(A)
an indication that the voter was ineligible to cast a vote for the ballot
proposition or office; or
(B)
a blank field or space in the portion of the report representing the ballot
proposition or office;
(g)
other information required by law to be provided to the board of canvassers; and
(h)
a statement certifying that the information contained in the report is accurate.
(3)
The cast vote record report described in Subsection
(2)(f)
may not include:
(a)
any special district office or special district ballot proposition appearing on a ballot in
the jurisdiction administering the election;
(b)
the vote cast by a voter for a special district office or special district ballot
proposition;
(c)
the voter precinct number associated with a ballot; or
(d)
information that directly identifies the voter who cast the ballot.
(4)
For an election in which the election officer does not use automatic tabulating
equipment, the election officer shall:
(a)
review the votes cast on each ballot that is counted;
(b)
manually compile the information described in Subsection
(2)(f)
in a file format
described in Subsection
(8)(c)
;
(c)
ensure that the file does not contain the information described in Subsection
(3)
; and
(d)
include a copy of the file in the board of canvassers' report.
(5)
The election officer and the board of canvassers shall:
(a)
review the report to ensure that the report is correct; and
(b)
sign the report.
(6)
The election officer shall:
(a)
record or file the certified report in a book kept for that purpose;
(b)
prepare and transmit a certificate of nomination or election under the officer's seal to
each nominated or elected candidate;
(c)
publish a copy of the certified report in accordance with Subsection
(7)
; and
(d)
file a copy of the certified report with the lieutenant governor.
(7)
Subject to Subsection
(8)
, an election officer shall, no later than three business days
after the day on which the board of canvassers declares the election results, publish a
notice of the certified report described in Subsection
(2)
as a class A notice under
Section
63G-30-102
.
(8)
The class A notice described in Subsection
(7)
shall:
(a)
include the following statement: "The Board of Canvassers for [indicate name of
jurisdiction] has prepared a report of the election results for the [indicate type and
date of election].";
(b)
specify the following sources where an individual may view or obtain a copy of the
entire certified report:
(i)
the Utah Public Notice Website;
(ii)
if the election officer is required to publish the notice on the board's jurisdiction's
website under Subsection
63G-30-102(1)(b)
, the jurisdiction's website;
(iii)
the physical address for the board's jurisdiction; and
(iv)
a mailing address and telephone number; and
(c)
subject to Subsection
(9)
,
for the website posting described in Subsections
63G-30-102(1)(a)
and
(b)
, include a copy of the certified report in the following file
formats:
(i)
except for the cast vote record report described in Subsection
(2)(f)
, a PDF or
similar file; and
(ii)
for the cast vote record report described in Subsection
(2)(f)
, one or more
spreadsheets, Comma Separated Values files, or another common type of
delimited or fixed-width files.
(9)
An election officer may post the information required to be included in the cast vote
record report described in Subsection
(2)(f)
as a text-based file that represents structured
information through key value pairs and ordered collections of data in lieu of including
that information in a file described in Subsection
(8)(c)(ii)
if:
(a)
the race for elective office was conducted using instant runoff voting under Chapter
4, Part 6, Municipal Alternate Voting Methods Pilot Project; and
(b)
the tabulating equipment does not produce a file described in Subsection
(8)(c)(ii)

that accurately records all the preferences cast by a voter on the voter's ballot.
(10)
(9)
An election officer shall publish the class A notice described in Subsection
(7)
for
the following time periods:
(a)
in relation to posting the notice on the Utah Public Notice Website under Subsection
63G-30-102(1)(a)
, indefinitely;
(b)
in relation to posting the notice on the election officer's jurisdiction's website under
Subsection
63G-30-102(1)(b)
, for at least 180 calendar days after the day of the
deadline described in Subsection
(7)
; and
(c)
in relation to posting the notice in a physical location under Subsection
63G-30-102(1)(c)
, for at least seven calendar days after the day of the deadline
described in Subsection
(7)
.
(11)
(10)
An election officer:
(a)
shall ensure that an individual may obtain a copy of the certified report in a file
format described in
:
(i)
Subsection
(8)(c)
; and
(ii)
if applicable, Subsection
(9)
; and
(b)
may make the certified report available in any computer-readable format that the
election officer determines is helpful to members of the public.
(12)
(11)
When there has been a regular general or a statewide special election for
statewide officers, for officers that appear on the ballot in more than one county, or for a
statewide or two or more county ballot proposition, each board of canvassers shall,
immediately upon adjournment of the board, transmit to the lieutenant governor a report
detailing the number of votes for each candidate and the number of votes for and against
each ballot proposition.
(13)
(12)
In each county election, municipal election, school election, special district
election, and local special election, the election officer shall transmit the reports to the
lieutenant governor within 14 calendar days after the date of the election.
(14)
(13)
In a regular primary election and in a presidential primary election, the board of
canvassers shall, immediately upon adjournment of the board, transmit to the lieutenant
governor:
(a)
the county totals for multi-county races; and
(b)
a complete tabulation showing voting totals for all primary races, precinct by
precinct.
Section 25. Section
20A-4-401
is amended to read:
20A-4-401
Effective
01/01/27
. Recounts -- Procedure.
(1)
This section does not apply to a race conducted by instant runoff voting under Part 6,
Municipal Alternate Voting Methods Pilot Project.
(2)
(1)
The election officer shall conduct a recount of votes cast in a race if:
(a)
two or more candidates for an office receive an equal and the highest number of
votes for that office; or
(b)
in a race for an at-large office, two or more candidates receive an equal number of
votes and at least one of the candidates must be eliminated to determine which
candidates are elected.
(3)
(2)
(a)
Except as provided in Subsection
(2)
or
(3)(b)
(1) or (2)(b)
, for a race
between candidates, if the difference between the number of votes cast for a winning
candidate in the race and a losing candidate in the race is equal to or less than .25%
of the total number of votes cast for all candidates in the race, the losing candidate
may file a request for a recount in accordance with Subsection
(4)
(3)
.
(b)
Except as provided in Subsection
(2)
(1)
, for a race between candidates where the
total of all votes cast in the race is 400 or less, if the difference between the number
of votes cast for a winning candidate in the race and a losing candidate in the race is
one vote, the losing candidate may file a request for a recount in accordance with
Subsection
(4)
(3)
.
(4)
(3)
A losing candidate who files a request for a recount under Subsection
(3)(a)
or
(b)
(2)(a) or (b)
shall file the request:
(a)
for a municipal primary election, with the municipal clerk, no later than 5 p.m. on the
first business day that is at least three calendar days after the day on which the
canvass is completed; or
(b)
for all other elections, no later than 5 p.m. on the first business day that is at least
three calendar days after the day on which the canvass is completed, with:
(i)
the municipal clerk, if the election is a municipal general election;
(ii)
the special district clerk, if the election is a special district election;
(iii)
the county clerk, for a race voted on entirely within a single county; or
(iv)
the lieutenant governor, for a statewide race or multi-county race.
(5)
(4)
(a)
The election officer shall conduct the recount:
(i)
for a race described in Subsection
(2)
(1)
, no later than 10 calendar days after the
day on which the board of canvassers certifies the vote totals; or
(ii)
for a race described in Subsection
(3)
(2)
, no later than seven calendar days after
the day on which the losing candidate requests the recount.
(b)
In conducting the recount, the election officer shall:
(i)
supervise the recount;
(ii)
recount all ballots cast in the race;
(iii)
reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
Disposition of Ballots; and
(iv)
(A)
for a race between candidates for a single office, declare elected the
candidate who receives the highest number of votes on the recount;
(B)
for a race for an at-large office, declare elected the candidate who receives the
highest number of votes on the recount, until all offices are filled by the
candidates who received the highest number of votes;
(C)
for a race described in Subsection
(5)(b)(iv)(A)
(4)(b)(iv)(A)
in which two or
more candidates receive an equal and the highest number of votes, declare a tie
vote; or
(D)
for a race described in Subsection
(5)(b)(iv)(B)
(4)(b)(iv)(B)
in which two or
more candidates receive an equal number of votes, declare a tie vote if the
selection of the winning candidate by lot under Section
20A-1-304
is necessary
to determine which candidate is elected to the at-large office.
(6)
(5)
The cost of a recount under Subsection
(5)
(4)
shall be paid by:
(a)
for a statewide race or multi-county race, the state; or
(b)
for all other races:
(i)
the political subdivision that conducts the election; or
(ii)
the political subdivision that enters into a contract or interlocal agreement under
Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer
to conduct the election.
(7)
(6)
(a)
Except as provided in Subsection
(7)(b)
(6)(b)
, for a ballot proposition or a
bond proposition, if the proposition passes or fails by a margin that is equal to or less
than .25% of the total votes cast for or against the proposition, any 10 voters who
voted in the election where the proposition was on the ballot may file a request for a
recount no later than 5 p.m. on the first business day that is at least seven calendar
days after the day of the canvass with the person described in Subsection
(8)
(7)
.
(b)
For a ballot proposition or a bond proposition where the total of all votes cast for or
against the proposition is 400 or less, if the difference between the number of votes
cast for the proposition and the number of votes cast against the proposition is one
vote, any 10 voters who voted in the election where the proposition was on the ballot
may file a request for a recount no later than 5 p.m. on the first business day that is at
least seven calendar days after the day of the canvass with the person described in
Subsection
(8)
(7)
.
(8)
(7)
The 10 voters who file a request for a recount under Subsection
(7)(a)
or
(b)
(6)(a)
or (b)
shall file the request with:
(a)
the municipal clerk, if the election is a municipal election;
(b)
the special district clerk, if the election is a special district election;
(c)
the county clerk, for a proposition voted on entirely within a single county; or
(d)
the lieutenant governor, for a statewide proposition or multi-county proposition.
(9)
(8)
(a)
In conducting the recount, the election officer shall:
(i)
supervise the recount;
(ii)
recount all ballots cast for the ballot proposition or bond proposition;
(iii)
reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
Disposition of Ballots; and
(iv)
declare the ballot proposition or bond proposition to have "passed" or "failed"
based upon the results of the recount.
(b)
Proponents and opponents of the ballot proposition or bond proposition may
designate representatives to witness the recount.
(10)
(9)
The voters requesting a recount under Subsection
(7)(a)
or
(b)
(6)(a) or (b)
shall
pay the costs of the recount.
(11)
(10)
(a)
Upon completing a recount described in Subsection
(5)
or
(9)
(4) or (8)
,
the election officer shall immediately convene the board of canvassers.
(b)
The board of canvassers shall:
(i)
canvass the election returns for the race or proposition that was the subject of the
recount; and
(ii)
with the assistance of the election officer, prepare and sign the report required by
Section
20A-4-304
or
20A-4-306
.
(c)
If the recount is for a statewide race, multi-county race, or a statewide proposition,
the board of county canvassers shall prepare and transmit a separate report to the
lieutenant governor as required by Subsection
20A-4-304(12)
20A-4-304(11)
.
(d)
The canvassers' report prepared as provided in this Subsection
(11)
(10)
is the
official result of the race or proposition that is the subject of the recount.
Section 26. Section
20A-5-102
is amended to read:
20A-5-102
Effective
01/01/27
. Voting instructions.
(1)
Each election officer shall:
(a)
print instructions for voters;
(b)
ensure that the instructions are printed in English, and any other language required
under the Voting Rights Act of 1965, as amended, in large clear type; and
(c)
ensure that the instructions inform voters:
(i)
about how to obtain, and how to return, ballots for voting;
(ii)
about special political party affiliation requirements for voting in a regular
primary election or presidential primary election;
(iii)
about how to prepare ballots cast at a polling place for deposit in the ballot box;
(iv)
about how to prepare a
mailed
remote
ballot for return;
(v)
about how to record write-in votes;
(vi)
about how to obtain a new ballot in the place of one spoiled by accident or
mistake;
(vii)
about how to obtain assistance in marking ballots;
(viii)
about obtaining a new ballot if the voter's ballot is defaced;
(ix)
that identification marks or the spoiling or defacing of a ballot will make it
invalid;
(x)
about how to obtain and vote a provisional ballot;
(xi)
about whom to contact to report election fraud;
(xii)
about applicable federal and state laws regarding:
(A)
voting rights and the appropriate official to contact if the voter alleges that the
voter's rights have been violated; and
(B)
prohibitions on acts of fraud and misrepresentation;
(xiii)
about procedures governing mail-in registrants and first-time voters; and
(xiv)
about the date of the election and the hours that the polls are open on election
day.
(2)
Each election officer shall:
(a)
provide the election judges of each voting precinct with sufficient instruction cards to
instruct voters in the preparation of the voters' ballots; and
(b)
direct the election judges to post:
(i)
general voting instructions in each voting booth;
(ii)
at least three instruction cards at other locations in
the
a
polling place; and
(iii)
at least one sample ballot at
the
a
polling place.
Section 27. Section
20A-5-403.5
is amended to read:
20A-5-403.5
Effective
01/01/27
. Ballot drop boxes -- Number, location, hours,
and method of operation -- Notice.
(1)
An election officer:
(a)
shall designate at least one ballot drop box in each municipality and reservation
located in the jurisdiction to which the election relates;
(b)
may designate additional ballot drop boxes for the election officer's jurisdiction;
(c)
shall clearly mark each ballot drop box as an official ballot drop box for the election
officer's jurisdiction;
(d)
shall provide 24-hour recorded video surveillance, without audio, of each
unattended ballot drop box;
(e)
shall post a sign on or near each unattended ballot drop box indicating that the ballot
drop box is under 24-hour video surveillance; and
(f)
shall ensure that a camera, a video, or a recording of a video described in Subsection
(1)(d) may only be accessed by:
(i)
the election officer;
(ii)
a custodian of the camera, video, or recording;
(iii)
the lieutenant governor;
(iv)
the legislative auditor general, when performing an audit;
(v)
a court of competent jurisdiction, by or pursuant to an order of the court;
(vi)
a registered voter who claims to have cast a ballot at an unattended ballot drop
box, if the election officer informs the voter that the election officer never
received the voter's ballot; or
(vii)
subject to Subsection (2)(b), and except as provided in Subsection (2)(c):
(A)
a candidate for an office that appears on a ballot, or an individual
representing the candidate's campaign;
(B)
for a federal, statewide, or multicounty race, the chair of the state political
party whose member is a candidate described in Subsection
(1)(f)(vii)(A)
;
(C)
for a race where the officeholder is selected by voters entirely within one
county, the chair of the county political party whose member is a candidate
described in Subsection
(1)(f)(vii)(A)
; or
(D)
the designee of a political party chair described in Subsection
(1)(f)(vii)(B)
or
(C)
.
(2)
(a)
An individual may not view a video, or a recording of a video, described in
Subsection (1)(d), unless the individual:
(i)
is an individual described in Subsection (1)(f); and
(ii)
views the video to the extent necessary to:
(A)
ensure compliance with Subsection (1)(d),
(1)(f)
, or (3); or
(B)
investigate a concern relating to ballots or the ballot box.
(b)
If an individual described in Subsection (1)(f)(vii) seeks to view a video recording
described in Subsection
(1)(d)
, the election officer may require the individual to view
the video recording at the election officer's office during regular business hours.
(c)
An individual described in Subsection (1)(f)(vii) may not view a video recording
described in Subsection
(1)(d)
after the time period for contesting the election to
which the video recording relates ends.
(3)
The election officer, or the custodian of the recording:
(a)
shall keep a recording described in Subsection (1)(d) until at least the later of:
(i)
the last day of the calendar year in which the election was held; or
(ii)
if the election is contested, when the contest is resolved; and
(b)
may keep the video recording described in Subsection
(1)(d)
indefinitely.
(1)
For a regular election, an election officer shall, in each county:
(a)
during the days and times described in Subsection (3)(a):
(i)
if less than 30,000 active registered voters reside in the county, operate within the
county at least one ballot drop box; or
(ii)
if at least 30,000 active registered voters reside in the county, operate within the
county at least two ballot drop boxes, plus one additional ballot drop box for each
30,000 active registered voters above 30,000 active registered voters who reside in
the county;
(b)
during the days and times described in Subsection (3)(b):
(i)
if less than 10,000 active registered voters reside in the county, operate within the
county at least one ballot drop box; or
(ii)
if at least 10,000 active registered voters reside in the county, operate within the
county at least two ballot drop boxes, plus one additional ballot drop box for each
10,000 active registered voters above 10,000 active registered voters who reside in
the county;
(c)
during the days and times described in Subsections (3)(a) and (b), in addition to the
ballot drop boxes required under Subsections (1)(a) and (b), operate at least one
ballot drop box in each reservation that is, in whole or in part, within the county; and
(d)
if two or more ballot drop boxes are operating in a county, disburse the ballot drop
boxes in different locations throughout the county.
(2)
For a municipal election, an election officer shall, in each municipality:
(a)
during the days and times described in Subsection (3)(a):
(i)
if less than 30,000 active registered voters reside in the municipality, operate
within the municipality at least one ballot drop box; or
(ii)
if at least 30,000 active registered voters reside in the municipality, operate within
the municipality at least two ballot drop boxes, plus one additional ballot drop box
for each 30,000 active registered voters above 30,000 active registered voters who
reside in the municipality;
(b)
during the days and times described in Subsection (3)(b):
(i)
if less than 10,000 active registered voters reside in the municipality, operate
within the municipality at least one ballot drop box; or
(ii)
if at least 10,000 active registered voters reside in the municipality, operate within
the municipality at least two ballot drop boxes, plus one additional ballot drop box
for each 10,000 active registered voters above 10,000 active registered voters who
reside in the municipality; and
(c)
if two or more ballot drop boxes are operating in a municipality, disburse the ballot
drop boxes in different locations throughout the municipality.
(3)
An election officer shall:
(a)
operate all ballot drop boxes described in Subsection (1)(a), (1)(c), or (2)(a) during at
least the following hours, on at least the following days:
(i)
on the Monday that is eight calendar days before the day of the election, beginning
at noon and ending at 8 p.m.;
(ii)
on the Tuesday that is seven calendar days before the day of the election,
beginning at 7 a.m. and ending at 3 p.m.;
(iii)
on the Wednesday before the day of the election, beginning at noon and ending
at 8 p.m.;
(iv)
on the Thursday before the day of the election, beginning at 7 a.m. and ending at
3 p.m.;
(v)
on the Friday before the day of the election, beginning at noon and ending at 8
p.m.; and
(vi)
on the Saturday before the day of the election, beginning at 7 a.m. and ending at
8 p.m.;
(b)
operate all ballot drop boxes described in Subsection (1)(b), (1)(c), or (2)(b) on the
day before the day of the election and on the day of the election, beginning at 7 a.m.
and ending at 8 p.m;
(c)
operate ballot drop boxes, in addition to the ballot drop boxes required under
Subsection (1) or (2), as needed to avoid long lines at a ballot drop box or at a polling
place;
(d)
clearly mark a ballot drop box as an official ballot drop box for the election officer's
jurisdiction;
(e)
secure the ballot drop box in a manner that a ballot cannot be placed in the ballot
drop box while the ballot drop box is unattended;
(f)
operate the ballot drop box, in accordance with Section
20A-3a-203.5
, with at least
two poll workers present at all times;
(g)
ensure that, before poll workers leave the ballot drop box for the day, the poll
workers:
(i)
remove all ballots from the ballot drop box for delivery to the election officer;
(ii)
verify that the ballot drop box is empty; and
(iii)
secure the ballot drop box in a manner that a ballot cannot be placed in the ballot
drop box until the ballot drop box again opens for operation; and
(h)
ensure that each day, before the ballot drop box opens for operation, the poll workers:
(i)
inspect the ballot drop box to verify that the ballot drop box is empty; and
(ii)
if any ballots or other items are discovered in the ballot drop box, empty the
ballot drop box and secure any ballots found in the ballot drop box in a separate
container for delivery to the election officer.
(4)
(a)
An individual may not return a remote ballot to a ballot drop box, unless at least
two poll workers are present to accept the remote ballot in accordance with Section
20A-3a-203.5
.
(b)
Only a poll worker may deposit a remote ballot into a ballot drop box, and only after
a voter submits the remote ballot, sealed in a return envelope, to the poll worker at
the ballot drop box in accordance with the requirements of Section
20A-3a-203.5
.
(4)
(5)
Except as provided in
Subsection (6), Subsection (8), or
Section
20A-1-308
or
Subsection
(7)
, the
, an
election officer shall, at least 28 calendar days before the date of
the election, provide notice of the location of each ballot drop box
designated under
Subsection
(1)
,
that the election officer will operate for the election,

and the dates and
hours that poll workers will be present to accept remote ballots,
by publishing notice for
the jurisdiction holding the election, as a class A notice under Section
63G-30-102
, for
at least 28 calendar days before the day of the election.
(5)
(6)
Instead of including the location
and the dates and hours of operation
of ballot drop
boxes, a notice required under Subsection
(4)
(5)
may specify the following sources
where a voter may view or obtain a copy of all ballot drop box locations
and the dates
and hours of operation
:
(a)
the jurisdiction's website;
(b)
the physical address of the jurisdiction's offices; and
(c)
a mailing address and telephone number.
(6)
(7)
The election officer shall include in the notice described in Subsection
(4)
(5)
:
(a)
the address of the Statewide Electronic Voter Information Website and, if available,
the address of the election officer's website, with a statement indicating that the
election officer will post on the website the location
and the dates and hours of
operation
of each ballot drop box, including any changes to the location of a ballot
drop box and the location of additional ballot drop boxes; and
(b)
a phone number that a voter may call to obtain information regarding the location
and the dates and hours of operation
of a ballot drop box.
(7)
(8)
(a)
Except as provided in Section
20A-1-308
, the election officer may, after the
deadline described in Subsection
(4)
(5)
:
(i)
if necessary, change the location of a ballot drop box; or
(ii)
if the election officer determines that the number of ballot drop boxes is
insufficient due to the number of registered voters who are voting, designate
additional ballot drop boxes.
(b)
Except as provided in Section
20A-1-308
, if an election officer
changes the location
of a ballot box or designates an additional ballot drop box location
takes an action
described in Subsection (8)(a)
, the election officer shall, as soon as is reasonably
possible, give notice of the
changed ballot drop box location or the additional ballot
drop box location
action
:
(i)
to the lieutenant governor, for posting on the Statewide Voter Information
Website;
(ii)
by posting the information on the website of the election officer, if available; and
(iii)
by posting notice:
(A)
for a change in the location of a ballot drop box, at the new location and, if
possible, the old location; and
(B)
for an additional ballot drop box location, at the additional ballot drop box
location.
(8)
(9)
An election officer may, at any time, authorize two or more poll workers to remove
a ballot drop box from a location, or to remove ballots from a ballot drop box for
processing.
(9)
(10)
(a)
At least two poll workers must be present when a poll worker collects
ballots from a ballot drop box and delivers the ballots to the location where the
ballots will be opened and counted.
(b)
An election officer shall ensure that the chain of custody of ballots placed in a ballot
box are recorded and tracked from the time the ballots are removed from the ballot
box until the ballots are delivered to the location where the ballots will be opened and
counted.
(c)
An election officer shall ensure that a voter who is, at the scheduled closing time for
the day, in line at a ballot drop box that is attended by poll workers, with a sealed
return envelope containing a remote ballot in the voter's possession, permitted to
deliver the return envelope to a poll worker for placement in the ballot drop box after
the voter complies with Section
20A-3a-203.5
.
(11)
In addition to the days and times required under Subsection
(1)
or (2), an election
officer may, in accordance with the requirements described in this section for operating
a ballot drop box, operate a ballot drop box:
(a)
at any time, and on any day, beginning on the Saturday that is 10 calendar days
before the day of the election, through the end of the day before the day of the
election; or
(b)
before 8 a.m. on the day of the election.
Section 28. Section
20A-5-407
is amended to read:
20A-5-407
Effective
01/01/27
. Election officer to provide ballot boxes.
(1)
Except as provided in Subsection
(3)
, an election officer shall
, at a polling place
:
(a)
provide one ballot box with a lock and key for each polling place; and
(b)
deliver the ballot boxes, locks, and keys to the polling place before the polls open.
(2)
An election officer for a municipality or special district may obtain ballot boxes from
the county clerk's office.
(3)
If locks and keys are unavailable, the election officer shall ensure that the ballot box lid
is secured by tape.
Section 29. Section
20A-6-105
is amended to read:
20A-6-105
Effective
01/01/27
. 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.
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
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:
"How would you like to receive your ballot and vote in upcoming elections?
"Indicate below how you want to vote in upcoming elections:
_____ Mail a ballot to me.
_____ Do not mail a ballot to me. I will
obtain a ballot at a polling place and
vote in person.
_____ Mail a ballot to me. After receiving a ballot by mail (choose one):
_____ I will return the ballot to a polling place or a ballot drop box.
_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
is a risk that the ballot may arrive too late to be counted).
"
(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
.
Section 30. Section
20A-11-1002
is amended to read:
20A-11-1002
Effective
01/01/27
. Retention and public inspection of financial
statements -- Written complaint if statement is false or unlawful -- Redaction of certain
information -- Penalties for unlawful disclosure.
(1)
The chief election officer shall:
(a)
make each financial statement required by this chapter or
Chapter 12, Part 2, Judicial
Retention Elections
:
(i)
open to public inspection in the office of the chief election officer; and
(ii)
available for viewing on the
Internet
internet
in accordance with Section
20A-11-103
;
(b)
preserve those statements for at least five years; and
(c)
provide certified copies of the financial statements in the same manner as for other
public records.
(2)
Any candidate or voter may file a written complaint with the chief election officer
alleging that a filed financial statement does not conform to law or to the truth.
(3)
(a)
As used in this Subsection
(3)
, "required report" means a report, a financial
statement, or any other type of statement or disclosure that a person is required to
make under this chapter or Chapter 12, Part 2, Judicial Retention Elections.
(b)
Before posting or otherwise publicly disclosing a required report, the lieutenant
governor shall redact from the report the following information relating to each
individual referenced in the report:
(i)
the phone number of the individual; and
(ii)
the street number and street name in the address of the individual.
(c)
The information required to be redacted under Subsection
(3)(b)
is not a record under
Title 63G, Chapter 2, Government Records Access and Management Act.
(d)
It is unlawful to publicly disclose the information required to be redacted under
Subsection
(3)(b)
.
(e)
A government officer or employee who knowingly violates Subsection
(3)(d)
is
guilty of a class B misdemeanor.
Section 31. Section
36-12-15.2
is amended to read:
36-12-15.2
Effective
01/01/27
. Elections audit.
(1)
As used in this section, "office" means the Office of the Legislative Auditor General.
(2)
In addition to other audits performed by the office, the office shall,
each
even-numbered year,
in accordance with this section and under the direction of the
Legislative Audit Subcommittee, conduct a comprehensive performance audit of the
state's election system and controls
.
:
(a)
each even-numbered year; and
(b)
at any other time, as directed by the Legislative Audit Subcommittee.
(3)
The audit may include the entire election process for the elections held in an
even-numbered year, including:
(a)
procedures and practices that occur before or after the beginning of the year to
prepare for the elections; and
(b)
procedures, practices, and standards relating to:
(i)
voter registration;
(ii)
candidate filing and selection;
(iii)
the preparation, printing, distribution, handling, examining, counting, and all
other handling of ballots; and
(iv)
the entire election process, including the regular primary election, the regular
general election, and the determination of election results.
(4)
The audit extends to the functions of all persons involved in the election process,
including the Office of the Lieutenant Governor, each county clerk's office, and each
board of canvassers.
(5)
At a minimum, the office shall conduct a survey to audit the work of the Office of the
Lieutenant Governor and each county election office.
(6)
Based on the results of the survey described in Subsection
(5)
, the office shall conduct a
more comprehensive audit of the jurisdictions or practices that, in the opinion of the
office, present the highest risk.
(7)
In addition to auditing the jurisdictions and practices described in Subsection
(6)
, the
office may audit any other jurisdictions or entities, or any practices or procedures, that
the office determines necessary to ensure the success of a comprehensive performance
audit of the election system.
(8)
To conduct an audit described in this section, the office has the full authority described
in Section
36-12-15
, including:
(a)
full access to closely observe, examine, and copy all records, documents, recordings,
and other information the office determines to be useful in conducting an audit
described in this section;
(b)
full access to closely observe, examine, and copy ballots, ballot envelopes, vote
tallies, canvassing records, and voter registration records;
(c)
full access to closely observe and examine all facilities, storage areas, and
equipment, and to closely observe, examine, or copy all materials, that the office
determines to be useful in conducting an audit described in this section;
(d)
full access to all staff, including full-time, part-time, and volunteer staff;
(e)
full access to closely observe, examine, and copy all records and information relating
to election audits that are conducted by the Office of the Lieutenant Governor, a
county clerk, or any other person;
(f)
the right to, within the scope of the audit, attend any meeting, including a closed
meeting;
(g)
the right to, within the scope of the audit, closely observe and examine any work or
other process; and
(h)
all other authority described in Section
36-12-15
.
(9)
As with any audit conducted under the authority described in Section
36-12-15
, all
officials and staff shall fully assist, and cooperate with, the office in conducting an audit
described in this section.
(10)
In conducting an audit described in this section, the office:
(a)
shall preserve the right of a voter to a secret ballot;
(b)
shall, when examining election returns, allow the election officer or a designee of the
election officer to be present to ensure the chain of custody of the election returns;
and
(c)
may not, while votes are being counted, communicate in any manner, directly or
indirectly, by word or sign, the progress of the vote, the current result of the vote
count, or any other information about the vote count.
(11)
An election officer, or an election officer's designee, who is present under Subsection
(10)(b)
may not interfere with the performance of the audit.
Section 32.
Effective Date.
(1)
Except as provided in Subsection (2), this bill takes effect
January 1, 2027
.
(2)
The actions affecting the following sections take effect on
May 6, 2026
:
(a)
Section 20A-2-104
Effective
05/06/26
;
(b)
Section 20A-2-108
Effective
05/06/26
;
(c)
Section 20A-2-206
Effective
05/06/26
;
(d)
Section 20A-2-505
Effective
05/06/26
;
(e)
Section 20A-3a-202.5
Effective
05/06/26
; and
(f)
Section 20A-3a-301
Effective
05/06/26
.
2-27-26 10:17 AM