HB 26

Enrolled Copy  H.B. 26
1Voting Equipment Amendments
  2026 GENERAL SESSION
  STATE OF UTAH
  Chief Sponsor: Paul A. Cutler
  Senate Sponsor: Ronald M. Winterton
2
3  LONG TITLE
4  General Description:
5      This bill amends provisions related to voting equipment.
6  Highlighted Provisions:
7      This bill:
8      ▸ except for an electronic pollbook or official register, requires an election officer to ensure
9  that all voting equipment used in this state is not capable of wireless communication;
10      ▸ repeals a provision governing the certification of voting equipment used in ranked-choice
11  voting;
12      ▸ prohibits an election officer from acquiring voting equipment that is not part of the new
13  voting equipment system selected for purchase by the lieutenant governor;
14      ▸ provides that the Voting Equipment Selection Committee shall assist the lieutenant
15  governor in:
16●   conducting a competitive procurement for a new voting equipment system; and
17●   ensuring that the new voting equipment system complies with the requirements for
18  casting a mechanical ballot; and
19      ▸ makes technical and conforming changes.
20  Money Appropriated in this Bill:
21      None
22  Other Special Clauses:
23      None
24  Utah Code Sections Affected:
25  AMENDS:
26      20A-5-801, as last amended by Laws of Utah 2020, Chapter 31
27      20A-5-802, as last amended by Laws of Utah 2019, Chapter 305
H.B. 26  Enrolled Copy
2820A-5-803, as renumbered and amended by Laws of Utah 2017, Chapter 32
2967-1a-2, as last amended by Laws of Utah 2025, First Special Session, Chapter 6
30   RENUMBERS AND AMENDS:
3120A-5-805, (Renumbered from 20A-5-302, as last amended by Laws of Utah 2023,
32Chapter 15)
33
34   Be it enacted by the Legislature of the state of Utah:
35Section 1. Section 20A-5-801 is amended to read:
3620A-5-801 . Definitions.
37      As used in this part:
38   (1) "New voting equipment system" means voting equipment that is operated in a
39materially different way or that functions in a materially different way than the
40equipment being replaced.
41   (2) "Voting equipment" means the following equipment used for an election:
42(a) automatic tabulating equipment;
43(b) a voting device; [or]
44(c) a voting machine[.] ; or
45(d) any component of the equipment described in Subsections (2)(a) through (c).
46Section 2. Section 20A-5-802 is amended to read:
4720A-5-802 . Certification of voting equipment.
48   (1)(a) For the voting equipment used in the jurisdiction over which an election officer
49has authority, the election officer shall:
50[(a)] (i) before each election, use logic and accuracy tests to ensure that the voting
51equipment performs the voting equipment's functions accurately;
52[(b)] (ii) develop and implement a procedure to protect the physical security of the
53voting equipment; [and]
54(iii) except as provided in Subsection (1)(b), ensure that the voting equipment is not
55capable of wireless communication; and
56[(c)] (iv) ensure that the voting equipment is certified by the lieutenant governor
57under Subsection (2) as having met the requirements of this section.
58(b) Subsection (1)(a)(iii) does not apply to an electronic pollbook or official register.
59   (2)[(a) Except as provided in Subsection (2)(b)(ii):]
60[(i)] (a) [the] The lieutenant governor shall ensure that all voting equipment used in the
61state is independently tested using security testing protocols and standards that:
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62[(A)] (i) are generally accepted in the industry at the time the lieutenant governor
63reviews the voting equipment for certification; and
64[(B)] (ii) meet the requirements of Subsection [(2)(a)(ii);] (2)(b).
65      [(ii)] (b) [the] The testing protocols and standards described in Subsection [(2)(a)(i)] (2)(a)
66shall require that a voting system:
67[(A)] (i) is accurate and reliable;
68[(B)] (ii) possesses established and maintained access controls;
69[(C)] (iii) has not been fraudulently manipulated or tampered with;
70[(D)] (iv) is able to identify fraudulent or erroneous changes to the voting equipment;
71and
72[(E)] (v) protects the secrecy of a voter's ballot[; and] .
73      [(iii)] (c) The lieutenant governor may comply with the requirements of [Subsection]
74Subsections (2)(a) and (b) by certifying voting equipment that has been certified by:
75[(A)] (i) the United States Election Assistance Commission; or
76[(B)] (ii) a laboratory that has been accredited by the United States Election
77Assistance Commission to test voting equipment.
78      [(b)(i) Voting equipment used in the state may include technology that allows for
79ranked-choice voting.]
80[(ii) The lieutenant governor may, for voting equipment used for ranked-choice
81voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods
82Pilot Project, certify voting equipment that has been successfully used within the
83United States or a territory of the United States for ranked-choice voting for a race
84for federal office.]
85Section 3. Section 20A-5-803 is amended to read:
8620A-5-803 . Voting Equipment Selection Committee.
87  (1) Beginning on May 6, 2026, if, under this section, an election officer selects for purchase
88      a new voting equipment system, an election officer may not acquire any voting
89      equipment that is not part of the new voting equipment system.
90  [(1)] (2) Before selecting or purchasing a new voting equipment system, the lieutenant
91      governor shall appoint a Voting Equipment Selection Committee consisting of
92      individuals who collectively have knowledge and experience in:
93      [(a) appoint a Voting Equipment Selection Committee; and]
94      [(b)] (a) [ensure that the committee includes persons having experience in:] election
95procedures and administration;
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96[(i) election procedures and administration;]
97[(ii)] (b) computer technology;
98[(iii)] (c) data security;
99[(iv)] (d) auditing; and
100[(v)] (e) access for persons with disabilities.
101   [(2)] (3) A member of the committee may not receive compensation or benefits for the
102member's service, but may receive per diem and travel expenses in accordance with:
103(a) Section 63A-3-106;
104(b) Section 63A-3-107; and
105(c) rules made by the Division of Finance pursuant to Sections 63A-3-106 and
10663A-3-107.
107   [(3)] (4) The lieutenant governor shall [select] appoint a chair from the committee
108membership.
109   [(4)] (5) The lieutenant governor may fill any vacancies that occur on the committee.
110   [(5)] (6) The Office of the Lieutenant Governor shall provide staffing for the committee.
111   [(6)] (7) The Voting Equipment Selection Committee shall:
112(a) [evaluate new voting equipment systems proposed for purchase by the state] assist the
113lieutenant governor in conducting a competitive procurement under Title 63G,
114Chapter 6a, Utah Procurement Code, for the new voting equipment system; and
115(b) [provide information and recommendations to assist the lieutenant governor with the
116purchase of new voting equipment systems] ensure that the new voting equipment
117system proposed for purchase by an evaluation committee under Subsection
11863G-6a-707(10) complies with the requirements for casting a mechanical ballot
119under Section 20A-5-805.
120   [(7)] (8) The lieutenant governor may designate individuals, including committee members,
121to inspect and review proprietary software as part of an evaluation of each new voting
122equipment [systems] system under consideration for purchase.
123   [(8)] (9) Before [making any selection or purchase] an evaluation committee evaluates the
124proposals for the new voting equipment system under Section 63G-6a-707, the
125lieutenant governor shall provide for a period of public review and comment on each
126new voting equipment [systems] system under consideration for purchase by the state.
127Section 4. Section 20A-5-805, which is renumbered from Section 20A-5-302 is renumbered
128   and amended to read:
129[20A-5-302] 20A-5-805 . Voting equipment for casting a mechanical ballot.
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130  [(1)(a) Any county or municipal legislative body or special district board may:]
131[(i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any
132automated voting system that meets the requirements of this section; and]
133[(ii) use that system in any election, in all or a part of the voting precincts within its
134boundaries, or in combination with manual ballots.]
135      [(b) Nothing in this title shall be construed to require the use of electronic voting devices
136in local special elections, municipal primary elections, or municipal general elections.]
137  [(2)] (1) [Each automated voting system shall] The voting equipment for casting a
138      mechanical ballot shall:
139      (a) provide for voting in secrecy, except in the case of voters who have received
140assistance as authorized by Section 20A-3a-208;
141      (b) permit each voter at any election to:
142(i) vote for all [persons] individuals and offices for whom and for which that voter is
143lawfully entitled to vote;
144(ii) vote for as many [persons] individuals for an office as that voter is entitled to vote;
145and
146(iii) vote for or against any ballot proposition upon which that voter is entitled to vote;
147      (c) permit each voter, at presidential elections, by one mark, to vote for the candidates of
148that party for president, vice president, and for their presidential electors;
149      (d) at elections other than primary elections, permit each voter to vote for the nominees
150of one or more parties and for independent candidates;
151      (e) at primary elections:
152(i) permit each voter to vote for candidates of the political party of the voter's choice;
153and
154(ii) reject any votes cast for candidates of another party;
155      (f) prevent the voter from voting for the same [person] individual more than once for the
156same office;
157      (g) provide the opportunity for each voter to change the ballot and to correct any error
158before the voter casts the ballot in compliance with the Help America Vote Act of
1592002, Pub. L. No. 107-252;
160      (h) include automatic tabulating equipment that rejects choices recorded on a voter's
161ballot if the number of the voter's recorded choices is greater than the number which
162the voter is entitled to vote for the office or on the measure;
163      (i) be of durable construction, suitably designed so that [it] the voting equipment may be
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164used safely, efficiently, and accurately in the conduct of elections and counting
165ballots;
166(j) when properly operated, record correctly and count accurately each vote cast;
167(k) [for voting equipment certified after January 1, 2005, ]produce a permanent paper
168record that:
169(i) shall be available as an official record for any recount or election contest
170conducted with respect to an election where the voting equipment is used;
171(ii)(A) shall be available for the voter's inspection [prior to the voter leaving]
172before the voter leaves the polling place; and
173(B) shall permit the voter to inspect the record of the voter's selections
174independently only if reasonably practicable commercial methods permitting
175independent inspection are available at the time of certification of the voting
176equipment by the lieutenant governor;
177(iii) shall include, at a minimum, human readable printing that shows a record of the
178voter's selections;
179(iv) may also include machine readable printing which may be the same as the human
180readable printing; and
181(v) allows a watcher to observe the election process to ensure the integrity of the
182election process; and
183(l) meet the requirements of Section 20A-5-802.
184   [(3)] (2) For the purposes of a recount or an election contest, if the permanent paper record
185contains a conflict or inconsistency between the human readable printing and the
186machine readable printing, the human readable printing shall supercede the machine
187readable printing when determining the intent of the voter.
188   [(4)] (3) Notwithstanding any other provisions of this section, the election officers shall
189ensure that the ballots to be counted by means of electronic or electromechanical devices
190are of a size, layout, texture, and printed in a type of ink or combination of inks that will
191be suitable for use in the counting devices in which they are intended to be placed.
192Section 5. Section 67-1a-2 is amended to read:
19367-1a-2 . Duties enumerated.
194   (1) The lieutenant governor shall:
195(a) perform duties delegated by the governor, including assignments to serve in any of
196the following capacities:
197(i) as the head of any one department, if so qualified, with the advice and consent of
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198the Senate, and, upon appointment at the pleasure of the governor and without
199additional compensation;
200(ii) as the chairperson of any cabinet group organized by the governor or authorized
201by law for the purpose of advising the governor or coordinating intergovernmental
202or interdepartmental policies or programs;
203(iii) as liaison between the governor and the state Legislature to coordinate and
204facilitate the governor's programs and budget requests;
205(iv) as liaison between the governor and other officials of local, state, federal, and
206international governments or any other political entities to coordinate, facilitate,
207and protect the interests of the state;
208(v) as personal advisor to the governor, including advice on policies, programs,
209administrative and personnel matters, and fiscal or budgetary matters; and
210(vi) as chairperson or member of any temporary or permanent boards, councils,
211commissions, committees, task forces, or other group appointed by the governor;
212      (b) serve on all boards and commissions in lieu of the governor, whenever so designated
213by the governor;
214      (c) serve as the chief election officer of the state as required by Subsection (2);
215      (d) keep custody of the Great Seal of the State of Utah;
216      (e) keep a register of, and attest, the official acts of the governor;
217      (f) affix the Great Seal, with an attestation, to all official documents and instruments to
218which the official signature of the governor is required; and
219      (g) furnish a certified copy of all or any part of any law, record, or other instrument
220filed, deposited, or recorded in the office of the lieutenant governor to any person
221who requests it and pays the fee.
222  (2)(a) As the chief election officer, the lieutenant governor shall:
223(i) exercise oversight, and general supervisory authority, over all elections;
224(ii) exercise direct authority over the conduct of elections for federal, state, and
225multicounty officers and statewide or multicounty ballot propositions and any
226recounts involving those races;
227(iii) establish uniformity in the election ballot;
228(iv)(A) prepare election information for the public as required by law and as
229determined appropriate by the lieutenant governor; and
230(B) make the information described in Subsection (2)(a)(iv)(A) available to the
231public and to news media, on the Internet, and in other forms as required by
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232law and as determined appropriate by the lieutenant governor;
233(v) receive and answer election questions and maintain an election file on opinions
234received from the attorney general;
235(vi) maintain a current list of registered political parties as defined in Section
23620A-8-101;
237(vii) maintain election returns and statistics;
238(viii) certify to the governor the names of individuals nominated to run for, or elected
239to, office;
240(ix) ensure that all voting equipment purchased by the state complies with the
241requirements of Sections [20A-5-302, 20A-5-802, 20A-5-802.5, and 20A-5-803]
24220A-5-802, 20A-5-802.5, 20A-5-803, and 20A-5-805;
243(x) during a declared emergency, to the extent that the lieutenant governor determines
244it warranted, designate, as provided in Section 20A-1-308, a different method,
245time, or location relating to:
246(A) voting on election day;
247(B) early voting;
248(C) the transmittal or voting of an absentee ballot or military-overseas ballot;
249(D) the counting of an absentee ballot or military-overseas ballot; or
250(E) the canvassing of election returns; and
251(xi) exercise all other election authority, and perform other election duties, as
252provided in Title 20A, Election Code.
253(b) As chief election officer, the lieutenant governor:
254(i) shall oversee all elections, and functions relating to elections, in the state;
255(ii) shall, in accordance with Section 20A-1-105, take action to enforce compliance
256by an election officer with legal requirements relating to elections; and
257(iii) may not assume the responsibilities assigned to the county clerks, city recorders,
258town clerks, or other local election officials by Title 20A, Election Code.
259   (3)(a) The lieutenant governor shall:
260(i) determine a new municipality's classification under Section 10-2-301 upon the
261city's incorporation under Title 10, Chapter 2a, Part 2, Incorporation of a
262Municipality, based on the municipality's population using the population estimate
263from the Utah Population Committee; and
264(ii)(A) prepare a certificate indicating the class in which the new municipality
265belongs based on the municipality's population; and
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266(B) within 10 days after preparing the certificate, deliver a copy of the certificate
267to the municipality's legislative body.
268      (b) The lieutenant governor shall:
269(i) determine the classification under Section 10-2-301 of a consolidated municipality
270upon the consolidation of multiple municipalities under Title 10, Chapter 2, Part 6,
271Consolidation of Municipalities, using population information for each
272municipality from:
273(A) the estimate of the Utah Population Committee created in Section 63C-20-103;
274or
275(B) if the Utah Population Committee estimate is not available, the census or
276census estimate of the United States Bureau of the Census; and
277(ii)(A) prepare a certificate indicating the class in which the consolidated
278municipality belongs based on the municipality's population; and
279(B) within 10 days after preparing the certificate, deliver a copy of the certificate
280to the consolidated municipality's legislative body.
281      (c) The lieutenant governor shall monitor the population of each municipality using
282population information from:
283(i) the estimate of the Utah Population Committee created in Section 63C-20-103; or
284(ii) if the Utah Population Committee estimate is not available, the census or census
285estimate of the United States Bureau of the Census.
286      (d) If the applicable population figure under Subsection (3)(b) or (c) indicates that a
287municipality's population has increased beyond the population for its current class,
288the lieutenant governor shall:
289(i) prepare a certificate indicating the class in which the municipality belongs based
290on the increased population figure; and
291(ii) within 10 days after preparing the certificate, deliver a copy of the certificate to
292the legislative body of the municipality whose class has changed.
293      (e)(i) If the applicable population figure under Subsection (3)(b) or (c) indicates that
294a municipality's population has decreased below the population for its current
295class, the lieutenant governor shall send written notification of that fact to the
296municipality's legislative body.
297(ii) Upon receipt of a petition under Subsection 10-2-302(2) from a municipality
298whose population has decreased below the population for its current class, the
299lieutenant governor shall:
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300(A) prepare a certificate indicating the class in which the municipality belongs
301based on the decreased population figure; and
302(B) within 10 days after preparing the certificate, deliver a copy of the certificate
303to the legislative body of the municipality whose class has changed.
304Section 6. Effective Date.
305   This bill takes effect on May 6, 2026.
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