HB 479

     02-27 15:04  3rd Sub. (Cherry) H.B. 479
                       Jefferson S. Burton proposes the following substitute bill:
1Election Code Modifications
                                       2026 GENERAL SESSION
                                            STATE OF UTAH
                                Chief Sponsor: Jefferson S. Burton
                                 Senate Sponsor: Michael K. McKell
2
3   LONG TITLE
4   General Description:
5This bill amends provisions relating to elections.
6   Highlighted Provisions:
7This bill:
8▸ defines terms;
9▸ modifies voter registration forms and other forms to allow a voter to request, for future
10   elections, whether the voter will receive a ballot by mail and whether the voter desires to
11   return a ballot by mail;
12▸ requires a voter to make a request described in the preceding paragraph at least every
13   eight years;
14▸ provides that, beginning in 2029, a voter:
15●   will not receive a ballot by mail unless the voter makes a timely request to receive a
16   ballot by mail; and
17●   subject to certain exceptions, will not be permitted to return a ballot by mail unless the
                                                                                                          3rd Sub. H.B. 479
18   voter makes a timely request to return a ballot by mail;
19▸ provides that a voter may return a ballot to a ballot drop box only when the ballot drop
20   box is attended by at least two poll workers;
21▸ establishes requirements regarding the required number of drop boxes and the days and
22   hours during which voters may return ballots to drop boxes;
23▸ requires a voter who returns a ballot to a ballot drop box to first provide identification to a
24   poll worker at the ballot drop box;
25▸ describes the requirements for verification of identity at a ballot drop box;
26▸ describes the requirements for returning a ballot by mail;
27▸ describes requirements relating to voting a ballot;
28▸ describes the requirements for returning a ballot to a polling place or voting at a polling
     3rd Sub. (Cherry) H.B. 479  02-27 15:04
29   place;
30▸ extends emergency ballot provisions to an individual with a disability who is restricted in
31   the individual's ability to travel from the individual's residence;
32▸ modifies forms, voting requirements, and other provisions to conform with the provisions
33   of this bill;
34▸ creates a process for an individual to receive a voter registration form and voter
35   registration information when purchasing a hunting or fishing license;
36▸ describes the type of personal identifying information that must be redacted from certain
37   political disclosure reports and provides civil and criminal penalties for publicly
38   disclosing the information;
39▸ modifies a provision relating to the frequency of an elections audit performed by the
40   Office of the Legislative Auditor General; and
41▸ makes technical and conforming changes.
42   Money Appropriated in this Bill:
43None
44   Other Special Clauses:
45This bill provides a special effective date.
46   Utah Code Sections Affected:
47   AMENDS:
4810-2a-215 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
49Session, Chapter 6
5020A-1-102 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
51Session, Chapter 6
5220A-1-304 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 448
5320A-2-104 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 381,
54448
5520A-2-108 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 381
5620A-2-206 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 381
5720A-2-505 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapters 381,
58448
5920A-3a-201 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 381
6020A-3a-202 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapters 381,
61448
6220A-3a-202.5 (Effective 05/06/26), as enacted by Laws of Utah 2025, Chapter 381
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     02-27 15:04  3rd Sub. (Cherry) H.B. 479
6320A-3a-203 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapters 381,
64448
6520A-3a-204 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 381
6620A-3a-205 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2020,
67Chapter 31
6820A-3a-301 (Effective 05/06/26), as last amended by Laws of Utah 2025, Chapter 381
6920A-3a-401 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
70Session, Chapter 6
7120A-3a-805 (Effective 01/01/27), as renumbered and amended by Laws of Utah 2020,
72Chapter 31
7320A-4-101 (Effective 01/01/27), as last amended by Laws of Utah 2022, Chapter 342
7420A-4-102 (Effective 01/01/27), as last amended by Laws of Utah 2023, Chapters 156,
75297
7620A-4-105 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 381
7720A-4-304 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
78Session, Chapter 6
7920A-4-401 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
80Session, Chapter 6
8120A-5-102 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapter 381
8220A-5-403.5 (Effective 01/01/27), as last amended by Laws of Utah 2025, First Special
83Session, Chapter 6
8420A-5-407 (Effective 01/01/27), as last amended by Laws of Utah 2023, Chapter 15
8520A-6-105 (Effective 01/01/27), as last amended by Laws of Utah 2025, Chapters 381,
86448
8720A-11-1002 (Effective 01/01/27), as last amended by Laws of Utah 2010, Chapter 389
8836-12-15.2 (Effective 01/01/27), as enacted by Laws of Utah 2023, Chapter 156
89   ENACTS:
9020A-2-208 (Effective 01/01/27), Utah Code Annotated 1953
9120A-3a-203.5 (Effective 01/01/27), Utah Code Annotated 1953
9220A-3a-203.6 (Effective 01/01/27), Utah Code Annotated 1953
9320A-4-102.5 (Effective 01/01/27), Utah Code Annotated 1953
94
95   Be it enacted by the Legislature of the state of Utah:
96Section 1. Section 10-2a-215 is amended to read:
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9710-2a-215 (Effective 01/01/27). Election of officers of new municipality --
98   Primary and final election dates -- Notice of election -- County clerk duties -- Candidate
99   duties -- Occupation of office.
100   (1) For the election of municipal officers, the county legislative body shall:
101(a) unless a primary election is prohibited under Subsection 20A-9-404(2), hold a
102primary election; and
103(b) unless the election may be cancelled in accordance with Section 20A-1-206, hold a
104final election.
105   (2) Each election described in Subsection (1) shall be held:
106(a) consistent with the petition sponsors' determination of the length of each council
107member's initial term; and
108(b) for the incorporation of a city:
109(i) appropriate to the form of government chosen by the voters at the incorporation
110election;
111(ii) consistent with the voters' decision about whether to elect city council members
112by district and, if applicable, consistent with the boundaries of those districts as
113determined by the petition sponsors; and
114(iii) consistent with the sponsors' determination of the number of city council
115members to be elected.
116   (3)(a) Subject to Subsection (3)(b), and notwithstanding Subsection 20A-1-201.5(2), the
117primary election described in Subsection (1)(a) shall be held at the earliest of the next:
118(i) regular primary election described in Subsection 20A-1-201.5(1); or
119(ii) municipal primary election described in Section 20A-9-404.
120(b) The county shall hold the primary election, if necessary, on the next election date
121described in Subsection (3)(a) that is after the incorporation election conducted under
122Section 10-2a-210.
123   (4)(a) Subject to Subsection (4)(b), the county shall hold the final election described in
124Subsection (1)(b):
125(i) on the following election date that next follows the date of the incorporation
126election held under Subsection 10-2a-210(1)(a);
127(ii) a regular general election described in Section 20A-1-201; or
128(iii) a regular municipal general election under Section 20A-1-202.
129(b) The county shall hold the final election on the earliest of the next election date that is
130listed in Subsection (4)(a)(i), (ii), or (iii):
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131(i) that is after a primary election; or
132(ii) if there is no primary election, that is at least:
133(A) 75 days after the incorporation election under Section 10-2a-210; and
134(B) 65 days after the candidate filing period.
135   (5) The county clerk shall provide notice of an election under this section for the future
136municipality, as a class A notice under Section 63G-30-102, for at least two weeks
137before the day of the election.
138   (6) Until the municipality is incorporated, the county clerk:
139(a) is the election officer for all purposes related to the election of municipal officers;
140(b) may, as necessary, determine appropriate deadlines, procedures, and instructions
141related to the election of municipal officers for a new municipality that are not
142otherwise contrary to law;
143(c) shall require and determine deadlines for municipal office candidates to file
144campaign financial disclosures in accordance with Section 10-3-208; and
145(d) shall ensure that the ballot for the election includes each office that is required to be
146included in the election for officers of the newly incorporated municipality, including
147the term of each office.
148   (7) An individual who has filed as a candidate for an office described in this section shall
149comply with:
150(a) the campaign finance disclosure requirements described in Section 10-3-208; and
151(b) the requirements and deadlines established by the county clerk under this section.
152   (8) Notwithstanding Section 10-3-201, the officers elected at a final election described in
153Subsection (4)(a) shall take office:
154(a) after taking the oath of office; and
155(b) at noon on the first Monday following the day on which the election official
156transmits a certificate of nomination or election under the officer's seal to each
157elected candidate in accordance with Subsection [20A-4-304(6)(b)] 20A-4-304(5)(b).
158Section 2. Section 20A-1-102 is amended to read:
15920A-1-102 (Effective 01/01/27). Definitions.
160      As used in this title:
161   (1) "Active voter" means a registered voter who has not been classified as an inactive voter
162by the county clerk.
163   (2) "Automatic tabulating equipment" means apparatus that automatically examines and
164counts votes recorded on ballots and tabulates the results.
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165   (3)(a) "Ballot" means the storage medium, including a paper, mechanical, or electronic
166storage medium, that records an individual voter's vote.
167(b) "Ballot" does not include a record to tally multiple votes.
168   (4) "Ballot drop box" means a drop box, described in Section 20A-5-403.5, where a poll
169worker may place a completed remote ballot delivered to the poll worker by a voter in
170accordance with Section 20A-3a-203.5.
171   [(4)] (5) "Ballot proposition" means a question, issue, or proposal that is submitted to voters
172on the ballot for their approval or rejection including:
173(a) an opinion question specifically authorized by the Legislature;
174(b) a constitutional amendment;
175(c) an initiative;
176(d) a referendum;
177(e) a bond proposition;
178(f) a judicial retention question;
179(g) an incorporation of a city or town; or
180(h) any other ballot question specifically authorized by the Legislature.
181   [(5)] (6) "Bind," "binding," or "bound" means securing more than one piece of paper
182together using staples or another means in at least three places across the top of the
183paper in the blank space reserved for securing the paper.
184   [(6)] (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
18520A-4-306 to canvass election returns.
186   [(7)] (8) "Bond election" means an election held for the purpose of approving or rejecting
187the proposed issuance of bonds by a government entity.
188   [(8)] (9) "Business day" means a Monday, Tuesday, Wednesday, Thursday, or Friday that is
189not a holiday.
190   [(9)] (10) "Business reply mail envelope" means an envelope that may be mailed free of
191charge by the sender.
192   [(10)] (11) "Calendar day" means any day, regardless of whether the day is a weekend, a
193holiday, a business day, or any other type of day.
194   [(11)] (12) "Canvass" means the review of election returns and the official declaration of
195election results by the board of canvassers.
196   [(12)] (13) "Canvassing judge" means a poll worker designated to assist in counting ballots
197at the canvass.
198   [(13)] (14) "Contracting election officer" means an election officer who enters into a
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199contract or interlocal agreement with a provider election officer.
200   [(14)] (15) "Convention" means the political party convention at which party officers and
201delegates are selected.
202   [(15)] (16) "Counting center" means one or more locations selected by the election officer in
203charge of the election for the automatic counting of ballots.
204   [(16)] (17) "Counting judge" means a poll worker designated to count the ballots during
205election day.
206   [(17)] (18) "Counting room" means a suitable and convenient private place or room for use
207by the poll workers and counting judges to count ballots.
208   [(18)] (19) "County officers" means those county officers that are required by law to be
209elected.
210   [(19)] (20) "Date of the election" or "election day" or "day of the election":
211(a) means the day that is specified in the calendar year as the day on which the election
212occurs; and
213(b) does not include:
214(i) deadlines established for voting by mail, military-overseas voting, or emergency
215voting; or
216(ii) any early voting or early voting period as provided under Chapter 3a, Part 6,
217Early Voting.
218   [(20)] (21) "Elected official" means:
219(a) a person elected to an office under Section 20A-1-303 or Chapter 4, Part 6,
220Municipal Alternate Voting Methods Pilot Project;
221(b) a person who is considered to be elected to a municipal office in accordance with
222Subsection 20A-1-206(1)(c)(ii); or
223(c) a person who is considered to be elected to a special district office in accordance
224with Subsection 20A-1-206(3)(b)(ii).
225   [(21)] (22) "Election" means a regular general election, a municipal general election, a
226statewide special election, a local special election, a regular primary election, a
227municipal primary election, and a special district election.
228   [(22)] (23) "Election Assistance Commission" means the commission established by the
229Help America Vote Act of 2002, Pub. L. No. 107-252.
230   [(23)] (24) "Election cycle" means the period beginning on the first day on which
231individuals are eligible to file declarations of candidacy and ending when the canvass is
232completed.
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233   [(24)] (25) "Election judge" means a poll worker that is assigned to:
234(a) preside over other poll workers at a polling place;
235(b) act as the presiding election judge; or
236(c) serve as a canvassing judge, counting judge, or receiving judge.
237   [(25)] (26) "Election material" includes:
238(a) the verification documentation described in Subsection 20A-3a-401(9)(b)(iv);
239(b) the list of voters contacted to cure a ballot described in Subsection 20A-3a-401(10)(b);
240(c) the record of rejected and resolved ballots described in Subsection 20A-3a-401(11)(a);
241(d) any chain of custody documentation described in Section 20A-3a-401.1, including:
242(i) the count of ballots described in Subsection 20A-3a-401.1(3); and
243(ii) the batch log described in Subsection 20A-3a-401.1(5);
244(e) the record of signature verification audits described in Subsection 20A-3a-402.5(4);
245(f) the affidavit of compliance described in Subsection 20A-3a-404(2);
246(g) the physical and electronic log of replicated ballots described in Subsection
24720A-4-104(3);
248(h) the physical or electronic log of adjudicated ballots described in Section 20A-5-802.5;
249(i) the record of voter database access described in Subsection 20A-5-905(2);
250(j) the reports on military and overseas voters described in Section 20A-16-202;
251(k) scanned copies of return envelopes;
252(l) a copy of the final election results database described in Section 20A-5-802.5; and
253(m) the materials used in the programming of the automatic tabulating equipment.
254   [(26)] (27) "Election officer" means:
255(a) the lieutenant governor, for all statewide ballots and elections;
256(b) the county clerk for:
257(i) a county ballot and election; and
258(ii) a ballot and election as a provider election officer as provided in Section
25920A-5-400.1 or 20A-5-400.5;
260(c) the municipal clerk for:
261(i) a municipal ballot and election; and
262(ii) a ballot and election as a provider election officer as provided in Section
26320A-5-400.1 or 20A-5-400.5;
264(d) the special district clerk or chief executive officer for:
265(i) a special district ballot and election; and
266(ii) a ballot and election as a provider election officer as provided in Section
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02-27 15:04  3rd Sub. (Cherry) H.B. 479
26720A-5-400.1 or 20A-5-400.5; or
268(e) the business administrator or superintendent of a school district for:
269(i) a school district ballot and election; and
270(ii) a ballot and election as a provider election officer as provided in Section
27120A-5-400.1 or 20A-5-400.5.
272   [(27)] (28) "Election official" means any election officer, election judge, or poll worker.
273   [(28)] (29) "Election results" means:
274(a) for an election other than a bond election, the count of votes cast in the election and
275the election returns requested by the board of canvassers; or
276(b) for bond elections, the count of those votes cast for and against the bond proposition
277plus any or all of the election returns that the board of canvassers may request.
278   [(29)] (30) "Election results database" means the following information generated by voting
279equipment:
280(a) one or more electronic files that contains a digital interpretation of each ballot that is
281counted in an election;
282(b) a ballot image; and
283(c) other information related to a ballot that is adjudicated under Section 20A-4-105.
284   [(30)] (31) "Election returns" means:
285(a) the pollbook;
286(b) the military and overseas absentee voter registration and voting certificates;
287(c) one of the tally sheets;
288(d) any unprocessed ballots;
289(e) all counted ballots;
290(f) all excess ballots;
291(g) all unused ballots;
292(h) all spoiled ballots;
293(i) all ballot disposition forms, including any provisional ballot disposition forms;
294(j) the final election results database described in Section 20A-5-802.5;
295(k) all return envelopes;
296(l) any provisional ballot envelopes; and
297(m) the total votes cast form.
298   [(31)] (32) "Electronic signature" means an electronic sound, symbol, or process attached to
299or logically associated with a record and executed or adopted by a person with the intent
300to sign the record.
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301   [(32)] (33) "Holiday" means a legal holiday described in Subsections 63G-1-301(1) and (2).
302   [(33)] (34) "Inactive voter" means a registered voter who is listed as inactive by a county
303clerk under Subsection 20A-2-505(4)(c)(i) or (ii).
304   [(34)] (35) "Judicial office" means the office filled by any judicial officer.
305   [(35)] (36) "Judicial officer" means any justice or judge of a court of record or any county
306court judge.
307   [(36)] (37) "Local election" means a regular county election, a regular municipal election, a
308municipal primary election, a local special election, a special district election, and a
309bond election.
310   [(37)] (38) "Local political subdivision" means a county, a municipality, a special district, or
311a local school district.
312   [(38)] (39) "Local special election" means a special election called by the governing body of
313a local political subdivision in which all registered voters of the local political
314subdivision may vote.
315   (40) "Mail-in return envelope" means an envelope described in Subsection 20A-3a-203.6(2)
316that a voter must complete, with the voter's remote ballot sealed inside, to return the
317ballot by mail.
318   [(39)] (41) "Manual ballot" means a paper document produced by an election officer on
319which an individual records an individual's vote by directly placing a mark on the paper
320document using a pen or other marking instrument.
321   [(40)] (42) "Mechanical ballot" means a record, including a paper record, electronic record,
322or mechanical record, that:
323(a) is created via electronic or mechanical means; and
324(b) records an individual voter's vote cast via a method other than an individual directly
325placing a mark, using a pen or other marking instrument, to record an individual
326voter's vote.
327   [(41)] (43) "Municipal executive" means:
328(a) the mayor in the council-mayor form of government defined in Section 10-3b-102; or
329(b) the mayor in the council-manager form of government defined in Subsection
33010-3b-103(6).
331   [(42)] (44) "Municipal general election" means the election held in municipalities and, as
332applicable, special districts on the first Tuesday after the first Monday in November of
333each odd-numbered year for the purposes established in Section 20A-1-202.
334   [(43)] (45) "Municipal legislative body" means the council of the city or town in any form
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335of municipal government.
336   [(44)] (46) "Municipal office" means an elective office in a municipality.
337   [(45)] (47) "Municipal officers" means those municipal officers that are required by law to
338be elected.
339   [(46)] (48) "Municipal primary election" means an election held to nominate candidates for
340municipal office.
341   [(47)] (49) "Municipality" means a city or town.
342   [(48)] (50) "Official ballot" means the ballots distributed by the election officer for voters to
343record their votes.
344   [(49)] (51) "Official endorsement" means the information on the ballot that identifies:
345(a) the ballot as an official ballot;
346(b) the date of the election; and
347(c)(i) for a ballot prepared by an election officer other than a county clerk, the
348facsimile signature required by Subsection 20A-6-401(1)(a)(iii); or
349(ii) for a ballot prepared by a county clerk, the words required by Subsection
35020A-6-301(1)(b)(iii).
351   [(50)] (52) "Official register" means the official record furnished to election officials by the
352election officer that contains the information required by Section 20A-5-401.
353   [(51)] (53) "Political party" means an organization of registered voters that has qualified to
354participate in an election by meeting the requirements of Chapter 8, Political Party
355Formation and Procedures.
356   [(52)] (54)(a) "Poll worker" means a person assigned by an election official to assist with
357an election, voting, or counting votes.
358(b) "Poll worker" includes election judges.
359(c) "Poll worker" does not include a watcher.
360   [(53)] (55) "Pollbook" means a record of the names of voters in the order that the voters
361appear to cast votes.
362   [(54)] (56) "Polling place" means a [building where voting is conducted] structure, or a
363portion of a structure, where a voter may obtain and vote a ballot in person.
364   [(55)] (57) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
365in which the voter marks the voter's choice.
366   [(56)] (58) "Presidential Primary Election" means the election established in Chapter 9, Part
3678, Presidential Primary Election.
368   [(57)] (59) "Primary convention" means the political party conventions held during the year
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369of the regular general election.
370   [(58)] (60) "Protective counter" means a separate counter, which cannot be reset, that:
371(a) is built into a voting machine; and
372(b) records the total number of movements of the operating lever.
373   [(59)] (61) "Provider election officer" means an election officer who enters into a contract or
374interlocal agreement with a contracting election officer to conduct an election for the
375contracting election officer's local political subdivision in accordance with Section
37620A-5-400.1.
377   [(60)] (62) "Provisional ballot" means a ballot voted provisionally by a person:
378(a) whose name is not listed on the official register at the polling place;
379(b) whose legal right to vote is challenged as provided in this title; or
380(c) whose identity was not sufficiently established by a poll worker.
381   [(61)] (63) "Provisional ballot envelope" means an envelope printed in the form required by
382Section 20A-6-105 that is used to identify provisional ballots and to provide information
383to verify a person's legal right to vote.
384   [(62)] (64)(a) "Public figure" means an individual who, due to the individual being
385considered for, holding, or having held a position of prominence in a public or
386private capacity, or due to the individual's celebrity status, has an increased risk to the
387individual's safety.
388(b) "Public figure" does not include an individual:
389(i) elected to public office; or
390(ii) appointed to fill a vacancy in an elected public office.
391   [(63)] (65) "Qualify" or "qualified" means to take the oath of office and begin performing
392the duties of the position for which the individual was elected.
393   [(64)] (66) "Receiving judge" means the poll worker that checks the voter's name in the
394official register at a polling place and provides the voter with a ballot.
395   [(65)] (67) "Registration form" means a form by which an individual may register to vote
396under this title.
397   [(66)] (68) "Regular ballot" means a ballot that is not a provisional ballot.
398   [(67)] (69) "Regular general election" means the election held throughout the state on the
399first Tuesday after the first Monday in November of each even-numbered year for the
400purposes established in Section 20A-1-201.
401   [(68)] (70) "Regular primary election" means the election, held on the date specified in
402Section 20A-1-201.5, to nominate candidates of political parties and candidates for
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403nonpartisan local school board positions to advance to the regular general election.
404   (71)(a) "Remote ballot" means a ballot that is mailed to a voter to be returned, after the
405voter has completed the ballot and sealed the ballot in a return envelope, as follows:
406(i) to a polling place;
407(ii) to a ballot drop box;
408(iii) by mail, if the ballot is sealed in a mail-in return envelope; or
409(iv) in any other manner permitted by law.
410(b) "Remote ballot" does not include a ballot obtained and voted at a polling place.
411   [(69)] (72) "Resident" means a person who resides within a specific voting precinct in Utah.
412   [(70)] (73) "Return envelope" means[ the envelope, described in Subsection 20A-3a-202(4),
413provided to a voter with a manual ballot]:
414(a) a standard return envelope; or
415(b) a mail-in return envelope.
416[(a) into which the voter places the manual ballot after the voter has voted the manual
417ballot in order to preserve the secrecy of the voter's vote; and]
418[(b) that includes the voter affidavit and a place for the voter's signature.]
419   [(71)] (74) "Sample ballot" means a mock ballot similar in form to the official ballot,
420published as provided in Section 20A-5-405.
421   [(72)] (75) "Special district" means a local government entity under Title 17B, Limited
422Purpose Local Government Entities - Special Districts, and includes a special service
423district under Title 17D, Chapter 1, Special Service District Act.
424   [(73)] (76) "Special district officers" means those special district board members who are
425required by law to be elected.
426   [(74)] (77) "Special election" means an election held as authorized by Section 20A-1-203.
427   [(75)] (78) "Spoiled ballot" means each ballot that:
428(a) is spoiled by the voter;
429(b) is unable to be voted because it was spoiled by the printer or a poll worker; or
430(c) lacks the official endorsement.
431   (79) "Standard return envelope" means an envelope, described in Subsection 20A-3a-202(4),
432in which a voter places a ballot after voting at a polling place or when returning a ballot
433to a ballot drop box or a polling place.
434   [(76)] (80) "Statewide special election" means a special election called by the governor or
435the Legislature in which all registered voters in Utah may vote.
436   [(77)] (81) "Tabulation system" means a device or system designed for the sole purpose of
                                                 - 13 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
437tabulating votes cast by voters at an election.
438   [(78)] (82) "Ticket" means a list of:
439(a) political parties;
440(b) candidates for an office; or
441(c) ballot propositions.
442   [(79)] (83) "Transfer case" means the sealed box used to transport voted ballots to the
443counting center.
444   [(80)] (84) "Vacancy" means:
445(a) except as provided in Subsection [(80)(b)] (84)(b), the absence of an individual to
446serve in a position created by state constitution or state statute, whether that absence
447occurs because of death, disability, disqualification, resignation, or other cause; or
448(b) in relation to a candidate for a position created by state constitution or state statute,
449the removal of a candidate due to the candidate's death, resignation, or
450disqualification.
451   [(81)] (85) "Valid voter identification" means:
452(a) a form of identification that bears the name and photograph of the voter which may
453include:
454(i) a currently valid Utah driver license;
455(ii) a currently valid identification card issued under Title 53, Chapter 3, Part 8,
456Identification Card Act;
457(iii) a currently valid identification card that is issued by:
458(A) the state; or
459(B) a branch, department, or agency of the United States;
460(iv) a currently valid Utah permit to carry a concealed weapon;
461(v) a currently valid United States passport; or
462(vi) a currently valid United States military identification card;
463(b) one of the following identification cards, regardless of whether the card includes a
464photograph of the voter:
465(i) a valid tribal identification card;
466(ii) a Bureau of Indian Affairs card; or
467(iii) a tribal treaty card; or
468(c) two forms of identification not listed under Subsection [(81)(a) or (b)] (85)(a) or (b)
469but that bear the name of the voter and provide evidence that the voter resides in the
470voting precinct, which may include:
                                                    - 14 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
471[(i) before January 1, 2029, an original or copy of a current utility bill, dated no more
472than 90 calendar days before the date of the election;]
473[(ii) before January 1, 2029, an original or copy of a bank or other financial account
474statement, dated no more than 90 calendar days before the date of the election;]
475[(iii)] (i) a certified birth certificate;
476[(iv)] (ii) a valid social security card;
477[(v)] (iii) an original or copy of a check issued by the state or the federal government,
478dated no more than 90 calendar days before the date of the election;
479[(vi)] (iv) an original or copy of a paycheck from the voter's employer, dated no more
480than 90 calendar days before the date of the election;
481[(vii)] (v) a currently valid Utah hunting or fishing license;
482[(viii)] (vi) certified naturalization documentation;
483[(ix)] (vii) a currently valid license issued by an authorized agency of the United
484States;
485[(x)] (viii) a certified copy of court records showing the voter's adoption or name
486change;
487[(xi)] (ix) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer [Card]
488card;
489[(xii)] (x) a currently valid identification card issued by:
490(A) a local government within the state;
491(B) an employer for an employee; or
492(C) a college, university, technical school, or professional school located within
493the state; or
494[(xiii)] (xi) a current Utah vehicle registration.
495   [(82)] (86) "Valid write-in candidate" means a candidate who has qualified as a write-in
496candidate by following the procedures and requirements of this title.
497   [(83)] (87) "Vote by mail" means to vote, using a manual ballot that is mailed to the voter,
498by:
499(a) mailing the ballot to the location designated in the mailing; or
500(b) depositing the ballot in a ballot drop box designated by the election officer.
501   [(84)] (88) "Voter" means an individual who:
502(a) meets the requirements for voting in an election;
503(b) meets the requirements of election registration;
504(c) is registered to vote; and
                                                         - 15 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
505(d) is listed in the official register.
506   [(85)] (89) "Voter registration deadline" means the registration deadline provided in Section
50720A-2-102.5.
508   [(86)] (90) "Voting area" means the area within six feet of the voting booths, voting
509machines, and ballot box.
510   [(87)] (91) "Voting booth" means:
511(a) the space or compartment within a polling place that is provided for the preparation
512of ballots, including the voting enclosure or curtain; or
513(b) a voting device that is free standing.
514   [(88)] (92) "Voting device" means any device provided by an election officer for a voter to
515vote a mechanical ballot.
516   [(89)] (93) "Voting precinct" means the smallest geographical voting unit, established under
517Chapter 5, Part 3, Duties of the County and Municipal Legislative Bodies.
518   [(90)] (94) "Watcher" means an individual who complies with the requirements described in
519Section 20A-3a-801 to become a watcher for an election.
520   [(91)] (95) "Write-in ballot" means a ballot containing any write-in votes.
521   [(92)] (96) "Write-in vote" means a vote cast for an individual, whose name is not printed on
522the ballot, in accordance with the procedures established in this title.
523Section 3. Section 20A-1-304 is amended to read:
52420A-1-304 (Effective 01/01/27). Tie votes.
525   [(1) This section does not apply to a race conducted by instant runoff voting under Chapter
5264, Part 6, Municipal Alternate Voting Methods Pilot Project.]
527   [(2)] (1) Except as provided in Subsection [(3)] (2), if, after conducting a recount under
528Subsection [20A-4-401(5)] 20A-4-401(4), a tie vote occurs, the election officer shall, in a
529public meeting held no later than the first business day that is at least three calendar days
530after the day on which the recount canvass is completed:
531(a) determine the winning candidate, by lot, in whatever manner the election officer
532determines; and
533(b) provide notice and an opportunity for each candidate involved in the tie to observe
534the casting or drawing of the lot or to send a representative to observe the casting or
535drawing of the lot.
536   [(3)] (2)(a) If, after conducting a recount under Subsection [20A-4-401(5)] 20A-4-401(4),
537a tie vote occurs in a primary election race for a national, statewide, or other office
538that represents more than one county, the governor, lieutenant governor, and attorney
                                                   - 16 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
539general shall, at a public meeting called by the governor and held no later than the
540first business day that is at least three calendar days after the day on which the
541recount canvass is completed:
542(i) determine the winning nominee, by lot, in whatever manner the governor
543determines; and
544(ii) provide notice and an opportunity for each candidate involved in the tie to
545observe the casting or drawing of the lot or to send a representative to observe the
546casting or drawing of the lot.
547(b) If, after conducting a recount under Subsection [20A-4-401(5)] 20A-4-401(4), a tie
548vote occurs in a primary election race for a county office, the district court judges of
549the district in which the county is located shall, at a public meeting called by the
550judges and held no later than the first business day that is at least three calendar days
551after the day on which the recount canvass is completed:
552(i) determine the winning nominee, by lot, in whatever manner the judges determine;
553and
554(ii) provide notice and an opportunity for each candidate involved in the tie to
555observe the casting or drawing of the lot or to send a representative to observe the
556casting or drawing of the lot.
557Section 4. Section 20A-2-104 is amended to read:
55820A-2-104 (Effective 05/06/26). Voter registration form -- Registered voter lists
559   -- Fees for copies.
560   (1) As used in this section:
561(a) "Candidate for public office" means an individual:
562(i) who files a declaration of candidacy for a public office;
563(ii) who files a notice of intent to gather signatures under Section 20A-9-408; or
564(iii) employed by, under contract with, or a volunteer of, an individual described in
565Subsection (1)(a)(i) or (ii) for political campaign purposes.
566(b) "Dating violence" means the same as that term is defined in Section 78B-7-402 and
567the federal Violence Against Women Act of 1994, as amended.
568(c) "Domestic violence" means the same as that term is defined in Section 77-36-1 and
569the federal Violence Against Women Act of 1994, as amended.
570(d) "Hash [Code] code" means a code generated by applying an algorithm to a set of data
571to produce a code that:
572(i) uniquely represents the set of data;
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3rd Sub. (Cherry) H.B. 479  02-27 15:04
573(ii) is always the same if the same algorithm is applied to the same set of data; and
574(iii) cannot be reversed to reveal the data applied to the algorithm.
575(e) "Protected individual" means an individual:
576(i) who submits a withholding request form with the individual's voter registration
577record, or to the lieutenant governor or a county clerk, if the individual indicates
578on the form that the individual, or an individual who resides with the individual, is
579a victim of domestic violence or dating violence or is likely to be a victim of
580domestic violence or dating violence;
581(ii) who submits a withholding request form with the individual's voter registration
582record, or to the lieutenant governor or a county clerk, if the individual indicates
583on the form and provides verification that the individual, or an individual who
584resides with the individual, is a law enforcement officer, a member of the armed
585forces as defined in Section 20A-1-513, a public figure, or protected by a
586protective order or protection order; or
587(iii) whose voter registration record was classified as a private record at the request of
588the individual before May 12, 2020.
589   (2)(a) An individual applying for voter registration, or an individual preregistering to vote,
590shall complete a voter registration form in substantially the following form:
591-----------------------------------------------------------------------------------------------------------------
592UTAH ELECTION REGISTRATION FORM
593Are you a citizen of the United States of America?  Yes      No
594If you checked "no" to the above question, do not complete this form.
595Will you be 18 years of age on or before election day?  Yes      No
596If you checked "no" to the above question, are you 16 or 17 years of age and
597preregistering to vote?  Yes      No
598If you checked "no" to both of the prior two questions, do not complete this form.
599Name of Voter
600_________________________________________________________________
601First  Middle  Last
602Utah Driver License or Utah Identification Card
603Number____________________________
604Date of Birth ______________________________________________________
605Street Address of Principal Place of Residence
606____________________________________________________________________________
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02-27 15:04  3rd Sub. (Cherry) H.B. 479
607City  County  State  Zip Code
608Telephone Number (optional) _________________________
609Email Address (optional) _____________________________________________
610Last four digits of Social Security Number ______________________
611Last former address at which I was registered to vote (if
612      known)__________________________
613____________________________________________________________________________
614City  County  State  Zip Code
615Political Party
616(a listing of each registered political party, as defined in Section 20A-8-101 and
617      maintained by the lieutenant governor under Section 67-1a-2, with each party's name preceded
618      by a checkbox)
619☐Unaffiliated (no political party preference)  ☐Other (Please
620      specify)___________________
621I do swear (or affirm), subject to penalty of law for false statements, that the information
622      contained in this form is true, and that I am a citizen of the United States and a resident of the
623      state of Utah, residing at the above address. Unless I have indicated above that I am
624      preregistering to vote in a later election, I will be at least 18 years of age and will have resided
625      in Utah for 30 calendar days immediately before the next election. I am not a convicted felon
626      currently incarcerated for commission of a felony.
627Signed and sworn
628__________________________________________________________
629Voter's Signature
630_______________(month/day/year).
631PRIVACY INFORMATION
632Voter registration records contain some information that is available to the public, such
633      as your name and address, some information that is available only to government entities, and
634      some information that is available only to certain third parties in accordance with the
635      requirements of law.
636Your driver license number, identification card number, social security number, email
637      address, full date of birth, and phone number are available only to government entities. Your
638      year of birth is available to political parties, candidates for public office, certain third parties,
639      and their contractors, employees, and volunteers, in accordance with the requirements of law.
640You may request that all information on your voter registration records be withheld from
                                                 - 19 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
641      all persons other than government entities, political parties, candidates for public office, and
642      their contractors, employees, and volunteers, by indicating here:
643_____ Yes, I request that all information on my voter registration records be withheld
644      from all persons other than government entities, political parties, candidates for public office,
645      and their contractors, employees, and volunteers.
646REQUEST FOR ADDITIONAL PRIVACY PROTECTION
647In addition to the protections provided above, you may request that identifying
648      information on your voter registration records be withheld from all political parties, candidates
649      for public office, and their contractors, employees, and volunteers, by submitting a
650      withholding request form, and any required verification, as described in the following
651      paragraphs.
652A person may request that identifying information on the person's voter registration
653      records be withheld from all political parties, candidates for public office, and their
654      contractors, employees, and volunteers, by submitting a withholding request form with this
655      registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
656      to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
657      violence.
658A person may request that identifying information on the person's voter registration
659      records be withheld from all political parties, candidates for public office, and their
660      contractors, employees, and volunteers, by submitting a withholding request form and any
661      required verification with this registration form, or to the lieutenant governor or a county clerk,
662      if the person is, or resides with a person who is, a law enforcement officer, a member of the
663      armed forces, a public figure, or protected by a protective order or a protection order.
664CITIZENSHIP AFFIDAVIT
665Name:
666Name at birth, if different:
667Place of birth:
668Date of birth:
669Date and place of naturalization (if applicable):
670I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
671      citizen and that to the best of my knowledge and belief the information above is true and
672      correct.
673____________________________
674Signature of Applicant
                                                - 20 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
675In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
676allowing yourself to be registered or preregistered to vote if you know you are not entitled to
677register or preregister to vote is up to one year in jail and a fine of up to $2,500.
678NOTICE: IN ORDER TO BE ALLOWED TO VOTE, YOU MUST PRESENT VALID
679VOTER IDENTIFICATION TO THE POLL WORKER, IN ACCORDANCE WITH THE
680REQUIREMENTS OF LAW.
681FOR OFFICIAL USE ONLY
682Type of I.D. ____________________________
683Voting Precinct _________________________
684Voting I.D. Number _____________________
685------------------------------------------------------------------------------------------------------------------
686(b) The voter registration form described in Subsection (2)(a) shall include:
687   (i) a section in substantially the following form:
688"------------------------------------------------------------------------------------------------------------------
689BALLOT NOTIFICATIONS
690Do you consent to receive communications about the status of your ballot and other official
691communications, by text, at the phone number you provided above?  Yes  No
692------------------------------------------------------------------------------------------------------------------";
693and
694   (ii) [no later than November 5, 2025, ]the following, immediately after the question described
695in Subsection (2)(b)(i):
696"How would you like to receive your ballot and vote in upcoming elections?
697["Indicate below how you want to vote in upcoming elections:
698_____ Mail a ballot to me.]
699_____ Do not mail a ballot to me. I will obtain a ballot at a polling place and vote in person.[
700"]
701_____ Mail a ballot to me. After receiving a ballot by mail (choose one):
702_____ I will return the ballot to a polling place or a ballot drop box.
703_____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
704is a risk that the ballot may arrive too late to be counted)."
705(c)(i) Except as provided under Subsection (2)(c)(ii), the county clerk shall retain a
706copy of each voter registration form in a permanent countywide alphabetical file,
707which may be electronic or some other recognized system.
708(ii) The county clerk may transfer a superseded voter registration form to the
                                                      - 21 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
709Division of Archives and Records Service created under Section 63A-12-101.
710   (3)(a) Each county clerk shall retain lists of currently registered voters.
711(b) The lieutenant governor shall maintain a list of registered voters in electronic form.
712(c) If there are any discrepancies between the two lists, the county clerk's list is the
713official list.
714(d) The lieutenant governor and the county clerks may charge the fees established under
715the authority of Subsection 63G-2-203(10) to individuals who wish to obtain a copy
716of the list of registered voters.
717   (4)(a) As used in this Subsection (4), "qualified person" means:
718(i) a government official or government employee acting in the government official's
719or government employee's capacity as a government official or a government
720employee;
721(ii) a health care provider, as defined in Section 26B-8-501, or an agent, employee, or
722independent contractor of a health care provider;
723(iii) an insurance company, as defined in Section 67-4a-102, or an agent, employee,
724or independent contractor of an insurance company;
725(iv) a financial institution, as defined in Section 7-1-103, or an agent, employee, or
726independent contractor of a financial institution;
727(v) a political party, or an agent, employee, or independent contractor of a political
728party;
729(vi) a candidate for public office, or an employee, independent contractor, or
730volunteer of a candidate for public office;
731(vii) a person described in Subsections (4)(a)(i) through (vi) who, after obtaining a
732year of birth from the list of registered voters:
733(A) provides the year of birth only to a person described in Subsections (4)(a)(i)
734through (vi);
735(B) verifies that the person described in Subsection (4)(a)(vii)(A) is a person
736described in Subsections (4)(a)(i) through (vi);
737(C) ensures, using industry standard security measures, that the year of birth may
738not be accessed by a person other than a person described in Subsections
739(4)(a)(i) through (vi);
740(D) verifies that each person described in Subsections (4)(a)(ii) through (iv) to
741whom the person provides the year of birth will only use the year of birth to
742verify the accuracy of personal information submitted by an individual or to
                                                 - 22 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
743confirm the identity of a person in order to prevent fraud, waste, or abuse;
744(E) verifies that each person described in Subsection (4)(a)(i) to whom the person
745provides the year of birth will only use the year of birth in the person's capacity
746as a government official or government employee; and
747(F) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
748person provides the year of birth will only use the year of birth for a political
749purpose of the political party or candidate for public office; or
750(viii) a person described in Subsection (4)(a)(v) or (vi) who, after obtaining
751information under Subsection (4)(n) and (o):
752(A) provides the information only to another person described in Subsection
753(4)(a)(v) or (vi);
754(B) verifies that the other person described in Subsection (4)(a)(viii)(A) is a
755person described in Subsection (4)(a)(v) or (vi);
756(C) ensures, using industry standard security measures, that the information may
757not be accessed by a person other than a person described in Subsection
758(4)(a)(v) or (vi); and
759(D) verifies that each person described in Subsection (4)(a)(v) or (vi) to whom the
760person provides the information will only use the information for a political
761purpose of the political party or candidate for public office.
762      (b) Notwithstanding Subsection 63G-2-302(1)(j)(iv), and except as provided in
763Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a county clerk shall,
764when providing the list of registered voters to a qualified person under this section,
765include, with the list, the years of birth of the registered voters, if:
766(i) the lieutenant governor or a county clerk verifies the identity of the person and
767that the person is a qualified person; and
768(ii) the qualified person signs a document that includes the following:
769(A) the name, address, and telephone number of the person requesting the list of
770registered voters;
771(B) an indication of the type of qualified person that the person requesting the list
772claims to be;
773(C) a statement regarding the purpose for which the person desires to obtain the
774years of birth;
775(D) a list of the purposes for which the qualified person may use the year of birth
776of a registered voter that is obtained from the list of registered voters;
                                                - 23 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
777(E) a statement that the year of birth of a registered voter that is obtained from the
778list of registered voters may not be provided or used for a purpose other than a
779purpose described under Subsection (4)(b)(ii)(D);
780(F) a statement that if the person obtains the year of birth of a registered voter
781from the list of registered voters under false pretenses, or provides or uses the
782year of birth of a registered voter that is obtained from the list of registered
783voters in a manner that is prohibited by law, is guilty of a class A misdemeanor
784and is subject to a civil fine;
785(G) an assertion from the person that the person will not provide or use the year of
786birth of a registered voter that is obtained from the list of registered voters in a
787manner that is prohibited by law; and
788(H) notice that if the person makes a false statement in the document, the person is
789punishable by law under Section 76-8-504.
790      (c) The lieutenant governor or a county clerk:
791(i) may not disclose the year of birth of a registered voter to a person that the
792lieutenant governor or county clerk reasonably believes:
793(A) is not a qualified person or a person described in Subsection (4)(l); or
794(B) will provide or use the year of birth in a manner prohibited by law; and
795(ii) may not disclose information under [Subsections] Subsection (4)(n) or (o) to a
796person that the lieutenant governor or county clerk reasonably believes:
797(A) is not a person described in Subsection (4)(a)(v) or (vi); or
798(B) will provide or use the information in a manner prohibited by law.
799      (d) The lieutenant governor or a county clerk may not disclose the voter registration
800form of a person, or information included in the person's voter registration form,
801whose voter registration form is classified as private under Subsection (4)(h) to a
802person other than:
803(i) a government official or government employee acting in the government official's
804or government employee's capacity as a government official or government
805employee; or
806(ii) subject to Subsection (4)(e), a person described in Subsection (4)(a)(v) or (vi) for
807a political purpose.
808      (e)(i) Except as provided in Subsection (4)(e)(ii), when disclosing a record or
809information under Subsection (4)(d)(ii), the lieutenant governor or county clerk
810shall exclude the information described in Subsection 63G-2-302(1)(j), other than
                                               - 24 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
811the year of birth.
812(ii) If disclosing a record or information under Subsection (4)(d)(ii) in relation to the
813voter registration record of a protected individual, the lieutenant governor or
814county clerk shall comply with Subsections (4)(n) through (p).
815      (f) The lieutenant governor or a county clerk may not disclose a withholding request
816form, described in Subsections (7) and (8), submitted by an individual, or information
817obtained from that form, to a person other than a government official or government
818employee acting in the government official's or government employee's capacity as a
819government official or government employee.
820      (g) A person is guilty of a class A misdemeanor if the person:
821(i) obtains from the list of registered voters, under false pretenses, the year of birth of
822a registered voter or information described in Subsection (4)(n) or (o);
823(ii) uses or provides the year of birth of a registered voter, or information described in
824Subsection (4)(n) or (o), that is obtained from the list of registered voters in a
825manner that is not permitted by law;
826(iii) obtains a voter registration record described in Subsection 63G-2-302(1)(k)
827under false pretenses;
828(iv) uses or provides information obtained from a voter registration record described
829in Subsection 63G-2-302(1)(k) in a manner that is not permitted by law;
830(v) unlawfully discloses or obtains a voter registration record withheld under
831Subsection (7) or a withholding request form described in Subsections (7) and (8);
832or
833(vi) unlawfully discloses or obtains information from a voter registration record
834withheld under Subsection (7) or a withholding request form described in
835Subsections (7) and (8).
836      (h) The lieutenant governor or a county clerk shall classify the voter registration record
837of a voter as a private record if the voter:
838(i) submits a written application, created by the lieutenant governor, requesting that
839the voter's voter registration record be classified as private;
840(ii) requests on the voter's voter registration form that the voter's voter registration
841record be classified as a private record; or
842(iii) submits a withholding request form described in Subsection (7) and any required
843verification.
844      (i) Except as provided in Subsections (4)(d)(ii) and (e)(ii), the lieutenant governor or a
                                                - 25 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
845county clerk may not disclose to a person described in Subsection (4)(a)(v) or (vi) a
846voter registration record, or information obtained from a voter registration record, if
847the record is withheld under Subsection (7).
848      (j) In addition to any criminal penalty that may be imposed under this section, the
849lieutenant governor may impose a civil fine against a person who violates a provision
850of this section, in an amount equal to the greater of:
851(i) the product of 30 and the square root of the total number of:
852(A) records obtained, provided, or used unlawfully, rounded to the nearest whole
853dollar; or
854(B) records from which information is obtained, provided, or used unlawfully,
855rounded to the nearest whole dollar; or
856(ii) $200.
857      (k) A qualified person may not obtain, provide, or use the year of birth of a registered
858voter, if the year of birth is obtained from the list of registered voters or from a voter
859registration record, unless the person:
860(i) is a government official or government employee who obtains, provides, or uses
861the year of birth in the government official's or government employee's capacity
862as a government official or government employee;
863(ii) is a qualified person described in Subsection (4)(a)(ii), (iii), or (iv) and obtains or
864uses the year of birth only to verify the accuracy of personal information
865submitted by an individual or to confirm the identity of a person in order to
866prevent fraud, waste, or abuse;
867(iii) is a qualified person described in Subsection (4)(a)(v) or (vi) and obtains,
868provides, or uses the year of birth for a political purpose of the political party or
869candidate for public office; or
870(iv) is a qualified person described in Subsection (4)(a)(vii) and obtains, provides, or
871uses the year of birth to provide the year of birth to another qualified person to
872verify the accuracy of personal information submitted by an individual or to
873confirm the identity of a person in order to prevent fraud, waste, or abuse.
874      (l) The lieutenant governor or a county clerk may provide a year of birth to a member of
875the media, in relation to an individual designated by the member of the media, in
876order for the member of the media to verify the identity of the individual.
877      (m) A person described in Subsection (4)(a)(v) or (vi) may not use or disclose
878information from a voter registration record for a purpose other than a political
                                                - 26 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
879purpose.
880      (n) Notwithstanding Subsection 63G-2-302(1)(k) or (l), the lieutenant governor or a
881county clerk shall, when providing the list of registered voters to a qualified person
882described in Subsection (4)(a)(v) or (vi), include, from the record of a voter whose
883record is withheld under Subsection (7), the information described in Subsection
884(4)(o), if:
885(i) the lieutenant governor or a county clerk verifies the identity of the person and
886that the person is a qualified person described in Subsection (4)(a)(v) or (vi); and
887(ii) the qualified person described in Subsection (4)(a)(v) or (vi) signs a document
888that includes the following:
889(A) the name, address, and telephone number of the person requesting the list of
890registered voters;
891(B) an indication of the type of qualified person that the person requesting the list
892claims to be;
893(C) a statement regarding the purpose for which the person desires to obtain the
894information;
895(D) a list of the purposes for which the qualified person may use the information;
896(E) a statement that the information may not be provided or used for a purpose
897other than a purpose described under Subsection (4)(n)(ii)(D);
898(F) a statement that if the person obtains the information under false pretenses, or
899provides or uses the information in a manner that is prohibited by law, the
900person is guilty of a class A misdemeanor and is subject to a civil fine;
901(G) an assertion from the person that the person will not provide or use the
902information in a manner that is prohibited by law; and
903(H) notice that if the person makes a false statement in the document, the person is
904punishable by law under Section 76-8-504.
905      (o) Except as provided in Subsection (4)(p), the information that the lieutenant governor
906or a county clerk is required to provide, under Subsection (4)(n), from the record of a
907protected individual is:
908(i) a single hash code, generated from a string of data that includes both the voter's
909voter identification number and residential address;
910(ii) the voter's residential address;
911(iii) the voter's mailing address, if different from the voter's residential address;
912(iv) the party affiliation of the voter;
                                                 - 27 -
3rd Sub. (Cherry) H.B. 479  02-27 15:04
913(v) the precinct number for the voter's residential address;
914(vi) the voter's voting history; and
915(vii) a designation of which age group, of the following age groups, the voter falls
916within:
917(A) 25 or younger;
918(B) 26 through 35;
919(C) 36 through 45;
920(D) 46 through 55;
921(E) 56 through 65;
922(F) 66 through 75; or
923(G) 76 or older.
924(p) The lieutenant governor or a county clerk may not disclose:
925(i) information described in Subsection (4)(o) that, due to a small number of voters
926affiliated with a particular political party, or due to another reason, would likely
927reveal the identity of a voter if disclosed; or
928(ii) the address described in Subsection (4)(o)(iii) if the lieutenant governor or the
929county clerk determines that the nature of the address would directly reveal
930sensitive information about the voter.
931(q) A qualified person described in Subsection (4)(a)(v) or (vi), may not obtain, provide,
932or use the information described in Subsection (4)(n) or (o), except to the extent that
933the qualified person uses the information for a political purpose of a political party or
934candidate for public office.
935   (5) When political parties not listed on the voter registration form qualify as registered
936political parties under Chapter 8, Political Party Formation and Procedures, the
937lieutenant governor shall inform the county clerks of the name of the new political party
938and direct the county clerks to ensure that the voter registration form is modified to
939include that political party.
940   (6) Upon receipt of a voter registration form from an applicant, the county clerk or the
941clerk's designee shall:
942(a) review each voter registration form for completeness and accuracy; and
943(b) if the county clerk believes, based upon a review of the form, that an individual may
944be seeking to register or preregister to vote who is not legally entitled to register or
945preregister to vote, refer the form to the county attorney for investigation and
946possible prosecution.
                                                 - 28 -
02-27 15:04  3rd Sub. (Cherry) H.B. 479
947   (7) The lieutenant governor or a county clerk shall withhold from a person, other than a
948person described in Subsection (4)(a)(i), the voter registration record, and information
949obtained from the voter registration record, of a protected individual.
950   (8)(a) The lieutenant governor shall design and distribute a withholding request form for
951the purpose described in Subsections (1)(e)(i), (1)(e)(ii), (7), and this Subsection (8)
952to each election officer and to each agency that provides a voter registration form.
953(b) An individual described in Subsection (1)(e)(i) is not required to provide
954verification, other than the individual's attestation and signature on the withholding
955request form, that the individual, or an individual who resides with the individual, is a
956victim of domestic violence or dating violence or is likely to be a victim of domestic
957violence or dating violence.
958(c) The director of elections within the Office of the Lieutenant Governor shall make
959rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act,
960establishing requirements for providing the verification described in Subsection
961(1)(e)(ii).
962   (9) An election officer or an employee of an election officer may not encourage an
963individual to submit, or discourage an individual from submitting, a withholding request
964form.
965   (10)(a) The lieutenant governor shall make and execute a plan to provide notice to
966registered voters who are protected individuals, that includes the following
967information:
968(i) that the voter's classification of the record as private remains in effect;
969(ii) that certain non-identifying information from the voter's voter registration record
970may, under certain circumstances, be released to political parties and candidates
971for public office;
972(iii) that the voter's name, driver license or identification card number, social security
973number, email address, phone number, and the voter's day, month, and year of
974birth will remain private and will not be released to political parties or candidates
975for public office;
976(iv) that a county clerk will only release the information to political parties and
977candidates in a manner that does not associate the information with a particular
978voter; and
979(v) that a county clerk may, under certain circumstances, withhold other information
980that the county clerk determines would reveal identifying information about the
                                                 - 29 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
981voter.
982(b) The lieutenant governor may include in the notice described in this Subsection (10) a
983statement that a voter may obtain additional information on the lieutenant governor's
984website.
985(c) The plan described in Subsection (10)(a) may include providing the notice described
986in Subsection (10)(a) by:
987(i) publication on the Utah Public Notice Website, created in Section 63A-16-601;
988(ii) publication on the lieutenant governor's website or a county's website;
989(iii) posting the notice in public locations;
990(iv) publication in a newspaper;
991(v) sending notification to the voters by electronic means;
992(vi) sending notice by other methods used by government entities to communicate
993with citizens; or
994(vii) providing notice by any other method.
995(d) The lieutenant governor shall provide the notice included in a plan described in this
996Subsection (10) before June 16, 2023.
997Section 5. Section 20A-2-108 is amended to read:
99820A-2-108 (Effective 05/06/26). Driver license or state identification card
999   registration form -- Transmittal of information.
1000     (1) As used in this section, "qualifying form" means:
1001  (a) a driver license application form; or
1002  (b) a state identification card application form.
1003     (2) The lieutenant governor and the Driver License Division shall design each qualifying
1004  form to include:
1005  (a)(i) the following question, which an applicant is required to answer: "Do you
1006  authorize the use of information in this form for voter registration purposes?
1007  YES____ NO____"; and
1008     (ii) [no later than November 5, 2025, ]the following:
1009  "How would you like to receive your ballot and vote in upcoming elections?
1010  ["Indicate below how you want to vote in upcoming elections:
1011  _____ Mail a ballot to me.]
1012  _____ Do not mail a ballot to me. I will obtain a ballot at a polling place and vote in person.
1013  _____ Mail a ballot to me. After receiving a ballot by mail (choose one):
1014  _____ I will return the ballot to a polling place or a ballot drop box.
                                                   - 30 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1015  _____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
1016  is a risk that the ballot may arrive too late to be counted).";
1017     (b) the following statement:
1018  "PRIVACY INFORMATION
1019  Voter registration records contain some information that is available to the public, such
1020  as your name and address, some information that is available only to government entities, and
1021  some information that is available only to certain third parties in accordance with the
1022  requirements of law.
1023  Your driver license number, identification card number, social security number, email
1024  address, full date of birth, and phone number are available only to government entities. Your
1025  year of birth is available to political parties, candidates for public office, certain third parties,
1026  and their contractors, employees, and volunteers, in accordance with the requirements of law.
1027  You may request that all information on your voter registration records be withheld from
1028  all persons other than government entities, political parties, candidates for public office, and
1029  their contractors, employees, and volunteers, by indicating here:
1030  _____ Yes, I request that all information on my voter registration records be withheld
1031  from all persons other than government entities, political parties, candidates for public office,
1032  and their contractors, employees, and volunteers.
1033  REQUEST FOR ADDITIONAL PRIVACY PROTECTION
1034  In addition to the protections provided above, you may request that identifying
1035  information on your voter registration records be withheld from all political parties, candidates
1036  for public office, and their contractors, employees, and volunteers, by submitting a
1037  withholding request form, and any required verification, as described in the following
1038  paragraphs.
1039  A person may request that identifying information on the person's voter registration
1040  records be withheld from all political parties, candidates for public office, and their
1041  contractors, employees, and volunteers, by submitting a withholding request form with this
1042  registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
1043  to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
1044  violence.
1045  A person may request that identifying information on the person's voter registration
1046  records be withheld from all political parties, candidates for public office, and their
1047  contractors, employees, and volunteers, by submitting a withholding request form and any
1048  required verification with this registration form, or to the lieutenant governor or a county clerk,
                                                   - 31 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1049  if the person is, or resides with a person who is, a law enforcement officer, a member of the
1050  armed forces, a public figure, or protected by a protective order or a protection order."; and
1051     (c) a section in substantially the following form:
1052  "------------------------------------------------------------------------------------------------------------------
1053  BALLOT NOTIFICATIONS
1054  Do you consent to receive communications about the status of your ballot and other official
1055  communications, by text, at the phone number you provided above?  Yes  No
1056  ------------------------------------------------------------------------------------------------------------------".
1057     (3) The lieutenant governor and the Driver License Division shall ensure that a qualifying
1058  form contains:
1059  (a) a place for an individual to affirm the individual's citizenship, voting eligibility, and
1060  Utah residency, and that the information provided in the form is true;
1061  (b) a records disclosure that is similar to the records disclosure on a voter registration
1062  form described in Section 20A-2-104;
1063  (c) a statement that if an applicant declines to register or preregister to vote, the fact that
1064  the applicant has declined to register or preregister will remain confidential and will
1065  be used only for voter registration purposes;
1066  (d) a statement that if an applicant does register or preregister to vote, the office at which
1067  the applicant submits a voter registration application will remain confidential and will
1068  be used only for voter registration purposes; and
1069  (e) if the applicant answers "yes" to the question described in Subsection (2)(a), a space
1070  where an individual may, if desired:
1071  (i) indicate the individual's desired political affiliation from a listing of each
1072  registered political party, as defined in Section 20A-8-101;
1073  (ii) specify a political party that is not listed under Subsection (3)(e)(i) with which the
1074  individual desires to affiliate; or
1075  (iii) indicate that the individual does not wish to affiliate with a political party.
1076  Section 6. Section 20A-2-206 is amended to read:
1077  20A-2-206 (Effective 05/06/26). Electronic registration -- Requesting to receive a
1078     ballot by mail.
1079     (1) The lieutenant governor shall create and maintain an electronic system that is publicly
1080  available on the [Internet] internet for an individual to:
1081  (a) apply for voter registration or preregistration;[ or]
1082  (b) [beginning no later than July 1, 2025, ]request to receive a ballot by mail[.] ; or
                                                       - 32 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1083  (c) beginning no later than July 1, 2026, request to return a ballot by mail.
1084     (2) The electronic system described in Subsection (1) shall require, to register to vote, the
1085  applicant to:
1086  (a) enter the applicant's name, address, date of birth, driver license number or state
1087  identification card number, and any other information determined to be necessary by
1088  the lieutenant governor;
1089  (b) provide the information required by Section 20A-2-104, except that the applicant's
1090  signature may be obtained in the manner described in Subsections (2)(d) and (5);
1091  (c) attest to the truth of the information provided; and
1092  (d) authorize the lieutenant governor's and county clerk's use of the applicant's:
1093  (i) driver license or identification card signature, obtained under Title 53, Chapter 3,
1094  Uniform Driver License Act, for voter registration or preregistration purposes; or
1095  (ii) signature on file in the lieutenant governor's statewide voter registration database
1096  developed under Section 20A-2-502, for voter registration or preregistration
1097  purposes.
1098     (3) Notwithstanding Section 20A-2-104, an applicant using the electronic system described
1099  in Subsection (1) is not required to complete a printed registration form.
1100     (4) A system created and maintained under this section shall provide to an individual who is
1101  registering to vote the notices concerning a voter's presentation of identification
1102  described in Subsection 20A-2-104(2).
1103     (5) The lieutenant governor shall, in relation to an individual who is registering to vote:
1104  (a) obtain a digital copy of the applicant's driver license signature or identification card
1105  signature from the Driver License Division; or
1106  (b) ensure that the applicant's signature is on file in the lieutenant governor's statewide
1107  voter registration database developed under Section 20A-2-502.
1108     (6) The lieutenant governor shall send the information described in Subsections (2) and (5)
1109  to the county clerk for the county in which the applicant's principal place of residence is
1110  found for further action as required by Section 20A-2-304 after:
1111  (a) receiving all information from an applicant; and
1112  (b)(i) receiving all information from the Driver License Division, if applicable; and
1113  (ii) ensuring that the applicant's signature is on file in the lieutenant governor's
1114  statewide voter registration database developed under Section 20A-2-502.
1115     (7) The lieutenant governor may use additional security measures to ensure the accuracy
1116  and integrity of information submitted electronically under this section.
                                                 - 33 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1117     (8) If an individual applies to register under this section no later than 11 calendar days
1118  before the date of an election, the county clerk shall:
1119  (a) accept and process the voter registration form;
1120  (b) unless the individual named in the form is preregistering to vote:
1121  (i) enter the applicant's name on the list of registered voters for the voting precinct in
1122  which the applicant resides; and
1123  (ii) notify the individual that the individual is registered to vote in the upcoming
1124  election; and
1125  (c) if the individual named in the form is preregistering to vote, comply with Section
1126  20A-2-101.1.
1127     (9) If an individual applies to register under this section after the deadline described in
1128  Subsection (8), the county clerk shall, unless the individual is preregistering to vote:
1129  (a) accept the application for registration; and
1130  (b) except as provided in Subsection 20A-2-207(6), if possible, promptly inform the
1131  individual that the individual will not be registered to vote in the pending election,
1132  unless the individual registers to vote by provisional ballot during the early voting
1133  period, if applicable, on election day, in accordance with Section 20A-2-207.
1134     (10) The lieutenant governor shall provide a means by which a registered voter shall sign
1135  the application form.
1136     (11) For an individual who is registering to vote or is already registered to vote, the electronic
1137  system described in Subsection (1) shall include the following:
1138  "How would you like to receive your ballot and vote in upcoming elections?
1139  ["Indicate below how you want to vote in upcoming elections:
1140  _____ Mail a ballot to me.]
1141  _____ Do not mail a ballot to me. I will obtain a ballot at a polling place and vote in person.
1142  _____ Mail a ballot to me. After receiving a ballot by mail, I will (choose one):
1143  _____ I will return the ballot to a polling place or a ballot drop box.
1144  _____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
1145  is a risk that the ballot may arrive too late to be counted)."
1146  Section 7. Section 20A-2-208 is enacted to read:
1147  20A-2-208 (Effective 01/01/27). Voter registration forms and information
1148     available at Division of Wildlife Resources offices.
1149     (1) As used in this section:
1150  (a) "Applicant" means an individual who is:
                                                   - 34 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1151  (i) seeking to purchase a hunting or fishing license in-person at a Division of Wildlife
1152  Resources office; and
1153  (ii) eligible to register to vote under Section 20A-2-101 or to preregister to vote under
1154  Section 20A-2-101.1.
1155  (b) "Voter registration information" means information provided by the lieutenant
1156  governor, including:
1157  (i) instructions for registering to vote;
1158  (ii) voter registration deadlines; and
1159  (iii) contact information for questions about voter registration.
1160     (2) The lieutenant governor shall provide voter registration forms and voter registration
1161  information to each Division of Wildlife Resources office.
1162     (3)(a) An applicant may receive a voter registration form when purchasing a hunting or
1163  fishing license at a Division of Wildlife Resources office in accordance with this
1164  Subsection (3).
1165  (b) A Division of Wildlife Resources office shall:
1166  (i) provide voter registration forms and voter registration information to the public;
1167  and
1168  (ii) direct any questions about voter registration to the Office of the Lieutenant
1169  Governor or a county clerk.
1170     (4) The Division of Wildlife Resources shall provide a link to the state's online voter
1171  registration application to each individual who purchases a hunting or fishing license on
1172  the internet.
1173  Section 8. Section 20A-2-505 is amended to read:
1174  20A-2-505 (Effective 05/06/26). Removing names from the official register --
1175     Determining and confirming change of residence.
1176     (1) A county clerk may not remove a voter's name from the official register on the grounds
1177  that the voter has changed residence unless the voter:
1178  (a) confirms in writing that the voter has changed residence to a place outside the
1179  county; or
1180  (b)(i) does not vote in an election during the period beginning on the date of the
1181  notice described in Subsection (3), and ending on the day after the date of the
1182  second regular general election occurring after the date of the notice; and
1183  (ii) does not respond to the notice described in Subsection (3).
1184     (2)(a) Within 31 calendar days after the day on which a county clerk obtains information
                                                    - 35 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1185  that a voter's address has changed, if it appears that the voter still resides within the
1186  same county, the county clerk shall:
1187  (i) change the official register to show the voter's new address; and
1188  (ii) send to the voter, by forwardable mail, the notice described in Subsection (3).
1189  (b) When a county clerk obtains information that a voter's address has changed and it
1190  appears that the voter now resides in a different county, the county clerk shall verify
1191  the changed residence by sending to the voter, by forwardable mail, the notice
1192  described in Subsection (3), printed on a postage prepaid, preaddressed return form.
1193     (3)(a) Each county clerk shall use substantially the following form to notify voters whose
1194  addresses have changed:
1195  "VOTER REGISTRATION NOTICE
1196  We have been notified that your residence has changed. Please read, complete, and
1197  return this form so that we can update our voter registration records. What is your current
1198  street address?
1199  ___________________________________________________________________________
1200  Street  City  County  State  Zip
1201  What is your current phone number (optional)?________________________________
1202  What is your current email address (optional)?_________________________________
1203  If you have not changed your residence, or have moved but stayed within the same
1204  county, you must complete and return this form to the county clerk so that it is received by the
1205  county clerk before 5 p.m. no later than 30 calendar days before the date of the election. If you
1206  fail to return this form within that time:
1207  - you may be required to show evidence of your address to the poll worker before being
1208  allowed to vote in either of the next two regular general elections; or
1209  - if you fail to vote at least once, from the date this notice was mailed until the passing of
1210  two regular general elections, you will no longer be registered to vote. If you have changed
1211  your residence and have moved to a different county in Utah, you may register to vote by
1212  contacting the county clerk in your county.
1213  ________________________________________
1214  Signature of Voter
1215  PRIVACY INFORMATION
1216  Voter registration records contain some information that is available to the public, such
1217  as your name and address, some information that is available only to government entities, and
1218  some information that is available only to certain third parties in accordance with the
                                                    - 36 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1219  requirements of law.
1220  Your driver license number, identification card number, social security number, email
1221  address, full date of birth, and phone number are available only to government entities. Your
1222  year of birth is available to political parties, candidates for public office, certain third parties,
1223  and their contractors, employees, and volunteers, in accordance with the requirements of law.
1224  You may request that all information on your voter registration records be withheld from
1225  all persons other than government entities, political parties, candidates for public office, and
1226  their contractors, employees, and volunteers, by indicating here:
1227  _____ Yes, I request that all information on my voter registration records be withheld
1228  from all persons other than government entities, political parties, candidates for public office,
1229  and their contractors, employees, and volunteers.
1230  REQUEST FOR ADDITIONAL PRIVACY PROTECTION
1231  In addition to the protections provided above, you may request that identifying
1232  information on your voter registration records be withheld from all political parties, candidates
1233  for public office, and their contractors, employees, and volunteers, by submitting a
1234  withholding request form, and any required verification, as described in the following
1235  paragraphs.
1236  A person may request that identifying information on the person's voter registration
1237  records be withheld from all political parties, candidates for public office, and their
1238  contractors, employees, and volunteers, by submitting a withholding request form with this
1239  registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
1240  to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
1241  violence.
1242  A person may request that identifying information on the person's voter registration
1243  records be withheld from all political parties, candidates for public office, and their
1244  contractors, employees, and volunteers, by submitting a withholding request form and any
1245  required verification with this registration form, or to the lieutenant governor or a county clerk,
1246  if the person is, or resides with a person who is, a law enforcement officer, a member of the
1247  armed forces, a public figure, or protected by a protective order or a protection order."
1248  (b) The form described in Subsection (3)(a) shall also include:
1249     (i) a section in substantially the following form:
1250  "------------------------------------------------------------------------------------------------------------------
1251  BALLOT NOTIFICATIONS
1252  Do you consent to receive communications about the status of your ballot and other official
                                                       - 37 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1253  communications, by text, at the phone number you provided above?  Yes  No
1254  ------------------------------------------------------------------------------------------------------------------";
1255  and
1256     (ii) [no later than November 5, 2025, ]the following, immediately after the question described
1257  in Subsection (3)(b)(i):
1258  "How would you like to receive your ballot and vote in upcoming elections?
1259  ["Indicate below how you want to vote in upcoming elections:
1260  _____ Mail a ballot to me.]
1261  _____ Do not mail a ballot to me. I will obtain a ballot at a polling place and vote in person.
1262  _____ Mail a ballot to me. After receiving a ballot by mail (choose one):
1263  _____ I will return the ballot to a polling place or a ballot drop box.
1264  _____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
1265  is a risk that the ballot may arrive too late to be counted)."
1266     (4)(a) Except as provided in Subsection (4)(b), the county clerk may not remove the
1267  names of any voters from the official register during the 90 calendar days before a
1268  regular primary election or the 90 calendar days before a regular general election.
1269  (b) The county clerk may remove the names of voters from the official register during
1270  the 90 calendar days before a regular primary election or the 90 calendar days before
1271  a regular general election if:
1272  (i) the voter requests, in writing, that the voter's name be removed; or
1273  (ii) the voter dies.
1274  (c)(i) After a county clerk mails a notice under this section, the county clerk shall,
1275  unless otherwise prohibited by law, list that voter as inactive.
1276  (ii) If a county clerk receives a returned voter identification card, determines that
1277  there was no clerical error causing the card to be returned, and has no further
1278  information to contact the voter, the county clerk shall, unless otherwise
1279  prohibited by law, list that voter as inactive.
1280  (iii) An inactive voter may vote, sign petitions, and have all other privileges of a
1281  registered voter.
1282  (iv) A county is not required to:
1283  (A) send routine mailings to an inactive voter; or
1284  (B) count inactive voters when dividing precincts and preparing supplies.
1285     (5) The lieutenant governor shall make available to a county clerk United States Social
1286  Security Administration data received by the lieutenant governor regarding deceased
                                                       - 38 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1287  individuals.
1288     (6) A county clerk shall, within 10 business days after the day on which the county clerk
1289  receives the information described in Subsection (5) or Subsections 26B-8-114(11) and
1290  (12) relating to a decedent whose name appears on the official register, remove the
1291  decedent's name from the official register.
1292     (7) Ninety calendar days before each primary and general election the lieutenant governor
1293  shall compare the information the lieutenant governor has received under Subsection
1294  26B-8-114(11) with the official register of voters to ensure that all deceased voters have
1295  been removed from the official register.
1296  Section 9. Section 20A-3a-201 is amended to read:
1297  20A-3a-201 (Effective 01/01/27). Voting methods.
1298     [(1)] A voter may vote as follows:
1299  [(a) by mail;]
1300  [(b)] (1) at a polling place, or by delivering a completed remote ballot to a poll worker at a
1301  polling place, during early voting hours;
1302  [(c)] (2) at a polling place, or by delivering a completed remote ballot to a poll worker at a
1303  polling place, on election day when the polls are open;
1304  (3) by delivering a completed remote ballot to a poll worker at a ballot drop box during the
1305  hours that the ballot drop box is open and attended by poll workers;
1306  [(d)] (4) if the voter is an individual with a disability, by voting remotely, via a mechanical
1307  ballot or via electronic means if approved by the election officer;
1308  [(e)] (5) electronically or via a federal write-in absentee ballot if the voter is a covered voter,
1309  as defined in Section 20A-16-102; [or]
1310  (6) by mail, in accordance with Section 20A-3a-203.6; or
1311  [(f)] (7) by emergency ballot, in accordance with Part 3, Emergency Ballots.
1312     [(2) A voter may not vote at a polling place if the voter voted by mail or in a manner
1313  described in Subsections (1)(d) through (f).]
1314  Section 10. Section 20A-3a-202 is amended to read:
1315  20A-3a-202 (Effective 01/01/27). Conducting an election -- Mailing ballots to
1316     voters -- Exceptions.
1317     (1)[(a)] Except as otherwise provided for an election held for a local tax referendum that
1318  is conducted entirely by mail under Section 20A-7-609.5, an election officer shall
1319  administer an election [primarily by mail, ]in accordance with this section.
1320  [(b) An individual who did not provide valid voter identification at the time the voter
                                                  - 39 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1321  registered to vote shall provide valid voter identification before voting.]
1322     (2) An election officer who administers an election:
1323  (a) shall, in accordance with Subsection (3), no sooner than 21 calendar days before
1324  election day and no later than seven calendar days before election day, mail to the
1325  applicable voters, in accordance with[ Subsection 20A-3a-202.5(3), and subject to
1326  Subsection 20A-3a-202.5(4)] , and subject to, Section 20A-3a-202.5:
1327  (i) a manual ballot;
1328  (ii)(A) a standard return envelope; or
1329  (B) if required under Subsection 20A-3a-202.5(4) or (5)(b)(ii), a mail-in return
1330  envelope;
1331  (iii) instructions for returning the ballot that include an express notice about any
1332  relevant deadlines that the voter must meet in order for the voter's vote to be
1333  counted;
1334  (iv) information regarding the location and hours of operation of any election day
1335  voting center at which the voter may vote or a website address where the voter
1336  may view this information; and
1337  (v) instructions on how a voter may sign up to receive electronic ballot status
1338  notifications via the ballot tracking system described in Section 20A-3a-401.5;
1339  (b) may not mail a ballot under this section to:
1340  (i) an inactive voter, unless the inactive voter requests a manual ballot; or
1341  (ii) a voter whom the election officer is prohibited from sending a ballot under [
1342  Subsection 20A-3a-202.5(4)] Section 20A-3a-202.5;
1343  (c) shall, on the outside of the envelope in which the election officer mails the ballot,
1344  include instructions for returning the ballot if the individual to whom the election
1345  officer mails the ballot does not live at the address to which the ballot is sent;
1346  (d) shall provide a method of accessible voting to a voter with a disability who is not
1347  able to vote by mail; and
1348  (e) shall include, on the election officer's website and with each ballot mailed,
1349  instructions regarding how a voter described in Subsection (2)(d) may vote.
1350     (3)(a) An election officer who mails a manual ballot under Subsection (2) shall mail the
1351  manual ballot to the address:
1352  (i) provided at the time of registration or updated by the voter after the time of
1353  registration; or
1354  (ii) if, at or after the time of registration, the voter files an alternate address request
                                                  - 40 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1355  form described in Subsection (3)(b), the alternate address indicated on the form.
1356  (b) The lieutenant governor shall make available to voters an alternate address request
1357  form that permits a voter to request that the election officer mail the voter's ballot to a
1358  location other than the voter's residence.
1359  (c) A voter shall provide the completed alternate address request form to the election
1360  officer no later than 11 calendar days before the day of the election.
1361     (d) [Beginning on November 5, 2025, through] Before December 31, 2028, an election officer
1362  shall include, with each ballot mailed to a voter, a separate paper document containing the
1363  following statements:
1364  "WARNING
1365  If you have a valid Utah driver license or a valid Utah state identification card, failure to
1366  provide the last four digits of the license or card number may result in your ballot not being
1367  counted. You also have the option of providing the last four digits of your social security
1368  number as identification. If you do not have any of these identification types, your ballot will
1369  still be counted if your signature on the affidavit on this envelope matches your signature on
1370  file with the election officer.
1371  NOTICE
1372  Beginning in 2029, you will not receive a ballot by mail unless you request to receive a
1373  ballot by mail, and you will not be permitted to return your ballot by mail unless you request to
1374  return your ballot by mail (Exception: You may return your ballot by mail without making this
1375  request if, on the day of the election, you are stationed outside the United States by the military
1376  or you otherwise reside outside the United States). You may request to receive a ballot by mail,
1377  or to return a ballot by mail, at [insert a uniform resource locator where the voter can make the
1378  request online]. If you are unable to make a request online, contact your county clerk's office at
1379  the following number for instructions on how to make the request in person or by mail [insert
1380  phone number here]."[.]
1381     (e) Beginning on January 1, 2029, an election officer shall include, with each ballot mailed to a
1382  voter, a separate paper document containing the following statement:
1383  "WARNING
1384  If you have a valid Utah driver license or a valid Utah state identification card, failure to
1385  provide the last four digits of your license or card number will result in your ballot not being
1386  counted.
1387  If you do not have a license or card described above, you may enter the last four digits of
1388  your social security number as identification, or include a photocopy of one of the following in
                                                 - 41 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1389  the return envelope:
1390  • a currently valid identification card that is issued by the state or a branch, department, or
1391  agency of the United States;
1392  • a currently valid Utah permit to carry a concealed weapon;
1393  • a currently valid United States passport;
1394  • a currently valid United States military identification card; or
1395  • a currently valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
1396  card.
1397  If you do not have any of the forms of identification listed above, you must vote in person
1398  at a polling place, unless you qualify for an exemption from this requirement. You may obtain
1399  information regarding an exemption at [insert a uniform resource locator where the voter can
1400  view this information] or by calling [insert a phone number that a voter may call to access this
1401  information]."
1402     (4) [The] A standard return envelope shall include:
1403  (a) the name, official title, and post office address of the election officer on the front of
1404  the envelope;
1405  (b) subject to Subsection [(9), beginning on or before January 1, 2026] (6), until January
1406  1, 2029, a place for the voter to enter the last four digits of the voter's Utah driver
1407  license number, Utah state identification card number, or social security number;
1408     (c) the following statement:
1409  "IMPORTANT: See the warning and notice enclosed with your ballot.";
1410  (d) a space where a voter may write an email address and phone number by which the
1411  election officer may contact the voter if the voter's ballot is rejected; and
1412     (e) a printed affidavit in substantially the following form:
1413  "County of ____State of ____
1414  I, ____, solemnly swear that: I am a qualified resident voter of the ____ voting precinct
1415  in ____ County, Utah and that I am entitled to vote in this election. I am not a convicted felon
1416  currently incarcerated for commission of a felony.
1417  ______________________________
1418  Signature of Voter
1419  WARNING
1420  The above affidavit must be signed by the voter to whom the ballot is addressed. It is a
1421  FELONY for any other individual to sign the above affidavit, even if the voter to whom the
1422  ballot is addressed gives permission for another to sign the affidavit for the voter."
                                                  - 42 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1423     [(5) If the election officer determines that the voter has not yet provided valid voter
1424  identification with the voter's voter registration, the election officer may:]
1425  [(a) mail a ballot to the voter;]
1426  [(b) instruct the voter to enclose a copy of the voter's valid voter identification in the
1427  return envelope; and]
1428  [(c) provide instructions to the voter on how the voter may sign up to receive electronic
1429  ballot status notifications via the ballot tracking system described in Section
1430  20A-3a-401.5.]
1431     [(6) An election officer who administers an election shall:]
1432  [(a)(i) before the election, obtain the signatures of each voter qualified to vote in the
1433  election; or]
1434  [(ii) obtain the signature of each voter within the voting precinct from the county
1435  clerk; and]
1436  [(b) maintain the signatures on file in the election officer's office.]
1437     [(7) Upon receipt of a returned ballot, the election officer shall review and process the
1438  ballot under Section 20A-3a-401.]
1439     [(8)] (5) A county that administers an election:
1440  (a) shall provide at least one election day voting center in accordance with Part 7,
1441  Election Day Voting Center, and at least one additional election day voting center for
1442  every 5,000 active voters in the county who[, under Section 20A-3a-202.5,] will not
1443  receive a ballot by mail;
1444  (b) shall ensure that each election day voting center operated by the county has at least
1445  one voting device that is accessible, in accordance with the Help America Vote Act
1446  of 2002, Pub. L. No. 107-252, for individuals with disabilities;
1447  (c) may reduce the early voting period described in Section 20A-3a-601, if:
1448  (i) the county clerk conducts early voting on at least four days;
1449  (ii) the early voting days are within the period beginning on the date that is 14
1450  calendar days before the date of the election and ending on the day before the
1451  election; and
1452  (iii) the county clerk provides notice of the reduced early voting period in accordance
1453  with Section 20A-3a-604; and
1454  (d) is not required to pay return postage for a mail-in return envelope.
1455     [(9)] (6) A return envelope shall be designed in a manner that the information described in
1456  Subsections (4)(b) and (d), and the voter's signature, is covered from view after the
                                                  - 43 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1457  return envelope is sealed.
1458     [(10)] (7) A county clerk shall, at least 90 calendar days before an election administered by
1459  the county clerk, contact local post offices to:
1460  (a) coordinate the handling of mail-in [ballots] return envelopes for the upcoming
1461  election; and
1462  (b) take measures to ensure that[:]
1463  [(i) ballots are clearly and properly postmarked, or otherwise marked in accordance
1464  with Subsection 20A-3a-204(2)(a)(i), with the date on which the ballot was
1465  mailed; and]
1466  [(ii)] ballots are delivered in an expeditious manner to optimize the timely receipt of
1467  ballots.
1468  Section 11. Section 20A-3a-202.5 is amended to read:
1469  20A-3a-202.5 (Effective 05/06/26). Receiving a ballot by mail -- Making a request
1470     -- Termination or expiration of a request -- Renewing a request.
1471     (1) As used in this section[, "request] :
1472  (a) "Request to receive a ballot by mail" means to make a request as described in
1473  Subsection (2).
1474  (b) "Request to return a ballot by mail" means to make a request as described in
1475  Subsection (3).
1476     (2) An individual may request to receive a ballot by mail by:
1477  (a) making the request on a voter registration form;
1478  (b) making the request when the individual applies for or renews the individual's driver
1479  license or state identification card;
1480  (c) making the request via the electronic system described in Section 20A-2-206; or
1481  (d) making the request when the voter votes in person.
1482     (3) An individual may request to return a ballot by mail by:
1483  (a) making the request on a voter registration form;
1484  (b) making the request when the individual applies for or renews the individual's driver
1485  license or state identification card;
1486  (c) making the request via the electronic system described in Section 20A-2-206; or
1487  (d) making the request when the voter votes in person.
1488     [(3)] (4) [An] Except as provided in Subsection (8), for an election held before January 1,
1489  2029, an election officer shall, when mailing ballots to voters under Section 20A-3a-202,
1490  mail a ballot and a mail-in return envelope to each registered voter who[:]
                                                   - 44 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1491  [(a) for an election held before January 1, 2029, ]is an active voter, unless the voter
1492  requests to stop receiving a ballot by mail[; or] .
1493     (5)[(b) except] Except as provided in [Subsection (4)] Subsections (6) through (8), for an
1494  election held on or after January 1, 2029, an election officer shall, when mailing
1495  ballots to voters under Section 20A-3a-202:
1496  [(i)] (a) mail a ballot to each voter who:
1497  (i) is an active voter; and
1498  (ii) has, in accordance with Subsection (2), made a request to receive a ballot by mail[.]
1499  ; and
1500  (b)(i) except as provided in Subsection (5)(b)(ii), mail with the ballot a standard
1501  return envelope; or
1502  (ii) if the voter has, in accordance with Subsection (3), made a request to return a
1503  ballot by mail, mail with the ballot a mail-in return envelope.
1504     [(4)] (6) [For ] Except as provided in Subsection (7) or (8), for an election held on or after
1505  January 1, 2029[, ] :
1506  (a) an election officer may not mail a ballot or a return envelope to an individual who:
1507  [(a)] (i) following the individual's most recent request to receive a ballot by mail:
1508  [(i)] (A) requests to stop receiving ballots by mail; or
1509  [(ii)] (B) does not vote in an election during a period that includes two consecutive
1510  regular general elections; or
1511  [(b)] (ii) has not, within eight years before the day on which the election officer mails
1512  the bulk of the ballots for an election, made a request to receive a ballot by mail[.] ;
1513  and
1514  (b) an election officer who mails a ballot to an individual in accordance with this section
1515  shall include with the ballot a standard return envelope, and may not include with the
1516  ballot a mail-in return envelope if the individual has not, within eight years before the
1517  day on which the election officer mails the bulk of the ballots for an election, made a
1518  request to return a ballot by mail.
1519     [(5)] (7) This section may not be applied in a manner that conflicts with Chapter 16,
1520  Uniform Military and Overseas Voters Act.
1521     (8) In an election held for a local tax law referendum that is conducted entirely by mail
1522  under Section 20A-7-609.5, the election officer shall send by mail to a registered voter a
1523  ballot and a mail-in return envelope, regardless of whether the registered voter:
1524  (a) requests to receive a ballot by mail;
                                                     - 45 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1525  (b) requests to stop receiving a ballot by mail; or
1526  (c) requests to return a ballot by mail.
1527  Section 12. Section 20A-3a-203 is amended to read:
1528  20A-3a-203 (Effective 01/01/27). Voting at a polling place.
1529     (1) A registered voter may vote at a polling place, or return a remote ballot to a polling
1530  place, in an election in accordance with this section.
1531     (2)(a) The voter shall give the voter's name, and, if requested, the voter's residence, to
1532  one of the poll workers.
1533  (b) The voter shall present valid voter identification to one of the poll workers, as
1534  follows:
1535  (i) the voter shall present a currently valid Utah driver license or Utah state
1536  identification card;
1537  (ii) if the voter does not have the type of identification described in Subsection
1538  (2)(b)(i), the voter shall present:
1539  (A) a currently valid identification card issued by the state, or a branch,
1540  department, or agency of the United States;
1541  (B) a currently valid Utah permit to carry a concealed weapon;
1542  (C) a currently valid United States passport;
1543  (D) a currently valid United States military identification card; or
1544  (E) a valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
1545  card; or
1546  (iii) if the voter does not have the type of identification described in Subsection
1547  (2)(b)(i) or (ii), the voter shall present other valid voter identification.
1548  (c) If the poll worker is not satisfied that the voter has presented valid voter
1549  identification in accordance with Subsection (2)(b), the poll worker shall:
1550  (i) indicate on the official register that the voter was not properly identified;
1551  (ii) if the voter is returning a remote ballot, issue the voter a provisional ballot
1552  envelope;
1553  [(ii)] (iii) if the voter is voting in-person, issue the voter a provisional ballot; and
1554  [(iii) notify the voter that the voter will have until the close of normal office hours on
1555  Monday after the day of the election or, if Monday is a holiday, on the first
1556  business day after the holiday, to present valid voter identification:]
1557  [(A) to the county clerk at the county clerk's office; or]
1558  [(B) to an election officer who is administering the election; and]
                                                      - 46 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1559  (iv) follow the procedures and requirements of Section 20A-3a-205.
1560  (d) If the person's right to vote is challenged as provided in Section 20A-3a-803, the poll
1561  worker shall follow the procedures and requirements of Section 20A-3a-205.
1562     (3) A poll worker at a polling place shall check the official register[ to determine]:
1563  (a) to determine whether a voter is registered to vote; and
1564  (b) [if the election is] for a voter who seeks to obtain a ballot from a polling place during
1565  a regular primary election or a presidential primary election, to determine whether a
1566  voter's party affiliation designation in the official register allows the voter to vote the
1567  ballot that the voter requests.
1568     (4)(a) Except as provided in Subsection (5), if the voter's name is not found on the
1569  official register, the poll worker shall follow the procedures and requirements of
1570  Section 20A-3a-205.
1571  (b) If, when a voter seeks to obtain a ballot from a polling place in a regular primary
1572  election or a presidential primary election, the official register does not affirmatively
1573  identify the voter as being affiliated with a registered political party or if the official
1574  register identifies the voter as being "unaffiliated," the voter shall be considered to be
1575  "unaffiliated."
1576     (5) In a regular primary election or a presidential primary election:
1577  (a) if a voter's name is not found on the official register, and if it is not [unduly ]
1578  disruptive to the election process, the poll worker may attempt to contact the county
1579  clerk's office to request oral verification of the voter's registration; and
1580  (b) if oral verification is received from the county clerk's office, the poll worker shall:
1581  (i) record the verification on the official register;
1582  (ii) for a voter who seeks to obtain a ballot from a polling place, determine the voter's
1583  party affiliation and the ballot that the voter is qualified to vote; and
1584  (iii) except as provided in Subsection (6), comply with Subsection (3).
1585     (6)(a) Except as provided in Subsection (6)(b), if, in a regular primary election or a
1586  presidential primary election, the voter's political party affiliation listed in the official
1587  register does not allow the voter to vote the ballot that the voter requested, the poll
1588  worker shall inform the voter of that fact and inform the voter of the ballot or ballots
1589  that the voter's party affiliation does allow the voter to vote.
1590  (b) If, in a regular primary election or a presidential primary election, the voter is listed
1591  in the official register as unaffiliated, or if the official register does not affirmatively
1592  identify the voter as either unaffiliated or affiliated with a registered political party,
                                                   - 47 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1593  and the voter, as an unaffiliated voter, is not authorized to vote the ballot that the
1594  voter requests, the poll worker shall:
1595  (i) ask the voter if the voter wishes to vote another registered political party ballot
1596  that the voter, as unaffiliated, is authorized to vote, or remain unaffiliated; and
1597  (ii)(A) if the voter wishes to vote another registered political party ballot that the
1598  unaffiliated voter is authorized to vote, the poll worker shall proceed as
1599  required by Subsection (3); or
1600  (B) if the voter wishes to remain unaffiliated and does not wish to vote another
1601  ballot that unaffiliated voters are authorized to vote, the poll worker shall
1602  instruct the voter that the voter may not vote.
1603     (7) Except as provided in Subsection (6)(b)(ii)(B), and subject to the other provisions of
1604  Subsection (6), if the poll worker determines that the voter is registered, a poll worker
1605  shall:
1606  (a) direct the voter to sign the voter's name in the official register; and
1607  (b)(i) if the voter is returning a remote ballot:
1608  (A) ensure that the voter seals the remote ballot in a return envelope; and
1609  (B) after complying with Subsection (7)(b)(i)(A), accept the return envelope from
1610  the voter and place the return envelope in the ballot box; or
1611  (ii) if the voter seeks to obtain a ballot at the polling place:
1612  [(b)] (A) provide to the voter the ballot that the voter is qualified to vote;[ and]
1613  (B) provide to the voter a standard return envelope; and
1614  [(c)] (C) allow the voter to enter the voting booth.
1615     (8)(a) The official register shall include the statement described in Subsection (8)(b):
1616  (i) at the top of each page of the register where a voter signs the register; or
1617  (ii) adjacent to the place where each voter signs the register.
1618     (b) The statement described in Subsection (8)(a) shall appear as follows:
1619  "AFFIDAVIT
1620  By signing this register I am signing an affidavit where, UNDER PENALTY OF
1621  PERJURY, I affirm that the identification I presented to the poll worker is valid voter
1622  identification that accurately identifies me as the person indicated."
1623     (9) A voter who votes at a polling place may submit a request to a poll worker that a ballot
1624  be mailed to the voter in upcoming elections.
1625  Section 13. Section 20A-3a-203.5 is enacted to read:
1626  20A-3a-203.5 (Effective 01/01/27). Returning a remote ballot to a ballot drop box.
                                                  - 48 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1627     (1) A registered voter may return a remote ballot to a ballot drop box in accordance with
1628  this section.
1629     (2) A voter may not return a remote ballot to a ballot drop box, unless the ballot drop box is
1630  attended by two or more poll workers.
1631     (3) When returning a remote ballot to a ballot drop box:
1632  (a) the voter shall present to one of the poll workers:
1633  (i) the return envelope, with the remote ballot sealed inside; and
1634  (ii) a type of valid voter identification described in Subsection 20A-1-102(85)(a) or
1635  (b); and
1636  (b) the poll worker shall:
1637  (i) examine the return envelope and the identification described in Subsection (3)(a);
1638  and
1639  (ii) determine whether the identification presented:
1640  (A) is a type of valid voter identification described in Subsection 20A-1-102(85)(a)
1641  or (b); and
1642  (B) in accordance with Subsection (4), identifies the individual presenting the
1643  identification as the voter to whom the ballot relates.
1644     (4) A poll worker shall make the determination described in Subsection (3)(b)(ii)(B) as
1645  follows:
1646  (a) if the valid voter identification described in Subsection (3)(b)(ii)(A) includes a
1647  photograph of the individual identified:
1648  (i) compare the photograph to the individual presenting the identification to
1649  determine whether the individual presenting the identification is the individual in
1650  the photograph; and
1651  (ii) determine whether the name that appears on the return envelope:
1652  (A) is the name of the individual in the identification; and
1653  (B) is otherwise consistent with the individual presenting the identification; or
1654  (b) if the valid voter identification described in Subsection (3)(b)(ii)(A) does not include
1655  a photograph of the individual identified, determine whether the name that appears on
1656  the return envelope:
1657  (i) is the name of the individual in the identification; and
1658  (ii) is otherwise consistent with the individual presenting the identification.
1659     (5) After complying with Subsection (3)(b):
1660  (a) the poll worker shall place the ballot in the ballot drop box if, in accordance with
                                                     - 49 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1661  Subsection (4), the poll worker determines that the identification presented:
1662  (i) is a type of valid voter identification described in Subsection 20A-1-102(85)(a) or
1663  (b); and
1664  (ii) identifies the individual presenting the identification as the voter to whom the
1665  ballot relates; or
1666  (b) if the poll worker is unable to make both determinations described in Subsections
1667  (5)(a)(i) and (ii), the poll worker shall:
1668  (i) return the return envelope to the individual who presented the return envelope; and
1669  (ii) direct the individual to a polling place where the voter may:
1670  (A) establish the voter's identity with any type of valid voter identification; or
1671  (B) cast a provisional ballot.
1672  Section 14. Section 20A-3a-203.6 is enacted to read:
1673  20A-3a-203.6 (Effective 01/01/27). Returning a remote ballot by mail --
1674     Application -- Mail-in return envelope.
1675     (1) A voter:
1676  (a) may return a remote ballot by mail in the mail-in envelope that the election officer, in
1677  accordance with Subsection 20A-3a-202.5(4) or (5)(b)(ii), sent to the voter with the
1678  voter's ballot; and
1679  (b) may not return a remote ballot by mail in a standard return envelope or in an
1680  envelope other than the envelope described in Subsection (1)(a).
1681     (2) A mail-in return envelope shall include:
1682  (a) the official title, and post office address of the election officer on the front of the
1683  envelope;
1684  (b) a space where a voter may write an email address and phone number by which the
1685  election officer may contact the voter if the voter's ballot is rejected;
1686  (c) a printed affidavit in substantially the following form:
1687  "County of ____State of ____ I, ____, solemnly swear that:
1688  I am a qualified resident voter of the ____ voting precinct in ____ County, Utah;
1689  I am entitled to vote in this election; and
1690  I am not a convicted felon currently incarcerated for commission of a felony.
1691  ______________________________
1692  Signature of Voter"; and
1693  (d) a warning that the affidavit must be signed by the individual to whom the ballot was
1694  sent and that the ballot will not be counted if the signature on the affidavit does not
                                                   - 50 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1695  match the signature on file with the election officer of the individual to whom the
1696  ballot was sent.
1697     (3) An election officer who administers an election shall:
1698  (a)(i) before the election, obtain the signatures of each voter qualified to vote in the
1699  election; or
1700  (ii) obtain the signature of each voter within the voting precinct from the county
1701  clerk; and
1702  (b) maintain the signatures on file in the election officer's office.
1703     (4) To return a remote ballot by mail, the voter shall comply with Subsections
1704  20A-3a-204(1), (4), and (5)(a).
1705     (5) A voter may return a remote ballot that was provided to the voter with a mail-in return
1706  envelope to a polling place or a ballot drop box by:
1707  (a) sealing the ballot in the mail-in return envelope, or in a standard return envelope that
1708  is provided by a poll worker at a polling place; and
1709  (b)(i) at a polling place, complying with Section 20A-3a-203; or
1710  (ii) at a ballot drop box, complying with Section 20A-3a-203.5.
1711     (6) If a voter returns a ballot sealed in a mail-in return envelope to a polling place or a
1712  ballot drop box, the poll workers shall process the ballot as a remote ballot returned,
1713  in-person, in a standard return envelope and not as a remote ballot returned by mail.
1714     (7) Upon receipt of a remote ballot that is returned by mail in accordance with this section,
1715  the election officer shall review and process the ballot under Section 20A-3a-401.
1716  Section 15. Section 20A-3a-204 is amended to read:
1717  20A-3a-204 (Effective 01/01/27). Marking a manual ballot -- Returning a ballot
1718     by mail, at an election officer's office, or via a ballot drop box -- Depositing a ballot
1719     received by mail at a polling place.
1720     (1) To vote a manual ballot:
1721  (a) [except as provided in Subsection (7), ]the voter shall prepare the voter's manual
1722  ballot by marking the appropriate space with a mark opposite the name of each
1723  candidate of the voter's choice for each office to be filled;
1724  (b) if a ballot proposition is submitted to a vote of the people, the voter shall mark the
1725  appropriate space with a mark opposite the answer the voter intends to make;
1726  (c) [except as provided in Subsection (7), ]the voter shall record a write-in vote in
1727  accordance with Subsection 20A-3a-206(1);[ and]
1728  (d) [except as provided in Subsection (7), ]a mark is not required opposite the name of a
                                                  - 51 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1729  write-in candidate[.] ; and
1730  (e) the voter shall place the ballot in the return envelope and seal the return envelope.
1731     (2) Except to the extent otherwise required for a voter who casts a provisional ballot, a
1732  voter who votes a manual ballot at a polling place shall, after complying with Section
1733  20A-3a-203 and Subsection (1), deposit the return envelope in the ballot box at the
1734  polling place.
1735     (3) Except to the extent otherwise required for a voter who casts a provisional ballot, if a
1736  voter returns a remote ballot to a polling place:
1737  (a) the voter shall, after complying with Section 20A-3a-203 and Subsection (1), deliver
1738  the return envelope to the poll worker; and
1739  (b) the poll worker shall immediately place the return envelope in the ballot box.
1740     [(2)] (4) [Before returning a ballot mailed to the voter] If a voter returns a ballot by mail, the
1741  voter shall:
1742  (a) complete and sign the affidavit on the mail-in return envelope;
1743  (b) enter the last four digits of the voter's Utah driver license or Utah state identification
1744  card;
1745  (c) beginning on January 1, 2029, if the voter does not have a Utah driver license or
1746  Utah state identification card:
1747  (i) write the last four digits of the voter's social security card on the return envelope;
1748  or
1749  (ii) include in the return envelope a photocopy of one of the following forms of
1750  identification for the voter:
1751  (A) a currently valid identification card issued by the state, or a branch,
1752  department, or agency of the United States;
1753  (B) a currently valid Utah permit to carry a concealed weapon;
1754  (C) a currently valid United States passport;
1755  (D) a currently valid United States military identification card; or
1756  (E) a valid tribal identification card, Bureau of Indian Affairs card, or tribal treaty
1757  card;
1758  (d) place the voted ballot in the mail-in return envelope;
1759  (e) if required by the election officer because the voter has not yet provided valid voter
1760  identification with the voter's voter registration record, include a copy of the voter's
1761  valid voter identification with the ballot inside the mail-in return envelope;
1762  (f) securely seal the mail-in return envelope; and
                                                  - 52 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1763  (g) [if returning the ballot by mail, ]attach postage, if necessary, and deposit the mail-in
1764  return envelope in the mail.
1765     [(3)] (5)(a) Except as otherwise provided in Section 20A-16-404, to be valid, a ballot that
1766  is mailed must be received by the election officer on or before [8 p.m. on ]election
1767  day at 8 p.m.
1768  (b) Except as provided in Subsection [(3)(c)] (5)(c), to be valid, a ballot returned by a
1769  method other than by mail shall, before 8 p.m. on election day, be:
1770  (i) deposited in a ballot box at a polling place;
1771  (ii) deposited in [a] an attended ballot drop box designated by an election officer for
1772  the jurisdiction to which the ballot relates; or
1773  (iii) otherwise received by the election officer.
1774  (c) An election officer may, but is not required to, forward a ballot deposited in a ballot
1775  drop box in the wrong jurisdiction to the correct jurisdiction.
1776  (d) An election officer shall ensure that a voter who is, at or before 8 p.m., in line at a
1777  polling place or a ballot drop box, is allowed to, after complying with Section
1778  20A-3a-203 and Subsection (1):
1779  (i) vote at the polling place; or
1780  (ii) if the voter has a sealed return envelope containing a remote ballot in the voter's
1781  possession, deliver the return envelope to a poll worker for placement in the ballot
1782  box or ballot drop box.
1783  [(d) An election officer shall ensure that a voter who is, at or before 8 p.m. on election
1784  day:]
1785  [(i) in line at a ballot drop box, with a sealed return envelope containing a ballot in
1786  the voter's possession, is allowed to deposit the ballot in the ballot drop box; or]
1787  [(ii) in line at a polling place, is allowed to vote.]
1788     [(4)(a) Except as provided in Subsection (6), to vote at a polling place the voter shall,
1789  after complying with Subsections (1)(a) through (d):]
1790  [(i) sign the official register or pollbook; and]
1791  [(ii) place the ballot in the ballot box; or]
1792     [(b)] (6) If the ballot that a voter votes at a polling place is a provisional ballot, the voter
1793  shall place the ballot in the provisional ballot envelope, complete the information printed
1794  on the provisional ballot envelope, and [deposit] give the provisional ballot envelope to a
1795  poll worker for placement in the provisional ballot box.
1796     [(5)] (7)(a) An individual with a disability may vote a mechanical ballot at a polling
                                                   - 53 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1797  place.
1798  (b) An individual other than an individual with a disability may vote a mechanical ballot
1799  at a polling place if permitted by the election officer.
1800     [(6)] (8) To vote a mechanical ballot, the voter shall:
1801  (a) make the selections according to the instructions provided for the voting device; and
1802  (b) [subject to Subsection (7), ]record a write-in vote by:
1803  (i) selecting the appropriate position for entering a write-in candidate; and
1804  (ii) using the voting device to enter the name of the valid write-in candidate for
1805  whom the voter wishes to vote.
1806     [(7) To vote in an instant runoff voting race under Chapter 4, Part 6, Municipal Alternate
1807  Voting Methods Pilot Project, a voter:]
1808  [(a) shall indicate, as directed on the ballot, the name of the candidate who is the voter's
1809  first preference for the office; and]
1810  [(b) may indicate, as directed on the ballot, the names of the remaining candidates in
1811  order of the voter's preference.]
1812     [(8)] (9) A voter who votes at a polling place:
1813  (a) shall mark and cast or deposit the ballot without delay and shall leave the voting area
1814  after voting; and
1815  (b) may not:
1816  (i) occupy a voting booth occupied by another, except as provided in Section
1817  20A-3a-208;
1818  (ii) remain within the voting area more than 10 minutes; or
1819  (iii) occupy a voting booth for more than five minutes if all booths are in use and
1820  other voters are waiting to occupy a voting booth.
1821     [(9)] (10) If the official register shows any voter as having voted, that voter may not reenter
1822  the voting area during that election unless that voter is an election official or watcher.
1823     [(10)] (11) A poll worker may not, at a polling place, allow more than four voters more than
1824  the number of voting booths into the voting area at one time unless those excess voters
1825  are:
1826  (a) election officials;
1827  (b) watchers; or
1828  (c) assisting voters with a disability.
1829  Section 16. Section 20A-3a-205 is amended to read:
1830  20A-3a-205 (Effective 01/01/27). Manner of voting -- Provisional ballot.
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1831     (1) The poll workers shall follow the procedures and requirements of this section when:
1832  (a) the individual's right to vote is challenged as provided in Section 20A-3a-803 or
1833  20A-3a-805;
1834  (b) the individual's name is not found on the official register; or
1835  (c) the poll worker is not satisfied that the voter has provided valid voter identification.
1836     (2) When faced with one of the circumstances described in Subsection (1)(a) or (b), the poll
1837  worker shall:
1838  (a) request that the individual provide valid voter identification; and
1839  (b) review the identification provided by the individual.
1840     (3) If the poll worker is satisfied that the individual has provided valid voter identification
1841  that establishes the individual's identity and residence in the voting precinct:
1842  (a) the poll worker in charge of the official register shall:
1843  (i) record in the official register the type of identification that established the
1844  individual's identity and place of residence;
1845  (ii) record the provisional ballot envelope number in association with the name of the
1846  individual; and
1847  (iii) direct the individual to sign the individual's name in the official register or
1848  pollbook; and
1849  (b) the poll worker having charge of the ballots shall:
1850  (i) if the individual is returning a remote ballot, give the individual a provisional
1851  ballot envelope;
1852  (ii) if the individual is at a polling place and is voting in person:
1853  [(i)] (A) give the individual a provisional ballot; and
1854  [(ii)] (B) allow the individual to enter the voting booth[.] ; and
1855  (iii) accept the provisional ballot only after the voter completes, and seals the voter's
1856  ballot in, the provisional ballot envelope.
1857     (4) If the poll worker is not satisfied that the individual has provided valid voter
1858  identification that establishes the individual's identity and residence in the voting
1859  precinct:
1860  (a) the poll worker in charge of the official register shall:
1861  (i) record in the official register that the voter did not provide valid voter
1862  identification;
1863  (ii) record in the official register the type of identification that was provided by the
1864  individual, if any;
                                                  - 55 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
1865  (iii) record the provisional ballot envelope number in association with the name of
1866  the individual; and
1867  (iv) direct the individual to sign the individual's name in the official register or
1868  pollbook; and
1869  (b) the poll worker having charge of the ballots shall:
1870  (i) if the individual is returning a remote ballot, give the individual a provisional
1871  ballot envelope;
1872  (ii) if the individual is at a polling place and is voting in-person:
1873  [(i)] (A) give the individual a provisional ballot; and
1874  [(ii)] (B) allow the individual to enter the voting booth[.] ;
1875  (iii) accept the provisional ballot only after the voter completes, and seals the voter's
1876  ballot in, the provisional ballot envelope; and
1877  (iv) notify the voter that the voter will have until noon on the day before the day of
1878  the canvass for the election to present valid voter identification to:
1879  (A) the county clerk at the county clerk's office; or
1880  (B) to an election officer who is administering an election.
1881     (5) When, at a polling place, the election officer is required to furnish more than one
1882  version of a ballot, the poll workers at that polling place shall give the registered voter
1883  the version of the ballot that the voter is qualified to vote.
1884  Section 17. Section 20A-3a-301 is amended to read:
1885  20A-3a-301 (Effective 05/06/26). Emergency ballots -- Hospitalized voter
1886     returning ballot my mail without standard identification.
1887     (1) As used in this section, "hospitalized voter" means a registered voter who:
1888  (a) is:
1889  (i) hospitalized;
1890  (ii) confined in hospice care, a treatment facility, or a long-term care institution[
1891  facility]; or
1892  (iii) due to age[ or] , illness, [is ] or disability, restricted in the ability to travel from the
1893  voter's permanent or temporary residence; and
1894  (b) is able to vote a manual ballot.
1895     (2) A hospitalized voter who has not received a ballot by mail, or does not have possession
1896  of a ballot sent to the voter by mail may, in accordance with this section, obtain a
1897  manual ballot with a mail-in return envelope to use as an emergency ballot and vote at
1898  any time after the election officer mails manual ballots to the majority of voters and
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1899  before the close of polls on election day.
1900     (3) An individual may obtain an emergency ballot application, a manual ballot, and a
1901  mail-in return envelope from the election officer on behalf of a hospitalized voter by:
1902  (a) requesting a manual ballot, a mail-in return envelope, and the application in person at
1903  the election officer's office during business hours;
1904  (b) presenting valid voter identification for the individual requesting the manual ballot
1905  and mail-in return envelope on the hospitalized voter's behalf; and
1906  (c) signing a statement, created by the lieutenant governor, where the individual, under
1907  penalty of perjury:
1908  (i) identifies the individual;
1909  (ii) identifies the hospitalized voter and explains the reason the hospitalized voter
1910  qualifies as [an exempt] a hospitalized voter; and
1911  (iii) states that the individual:
1912  (A) is obtaining the manual ballot and the mail-in return envelope at the request of
1913  the hospitalized voter;
1914  (B) will not request, persuade, or otherwise induce the voter to vote for or vote
1915  against any particular candidate or issue;
1916  (C) will not release any information regarding the voter's votes; and
1917  (D) will not alter the voter's votes.
1918     (4) An election officer who provides the items described in Subsection (3) shall mark the
1919  mail-in return envelope as an emergency ballot.
1920     [(4)] (5) To vote, a hospitalized voter described in Subsection (2) shall:
1921  (a) complete the emergency ballot application and enclose the application in the mail-in
1922  return envelope;
1923  (b) complete, and sign the affidavit on, the mail-in return envelope;
1924  (c) mark the voter's votes on the manual ballot;
1925  (d) if the voter did not provide the last four digits of the voter's Utah driver license, Utah
1926  state identification card, or social security number:
1927  (i) include in the mail-in return envelope a photocopy of a type of identification
1928  described in Subsection [20A-3a-204(2)(c)(ii)] 20A-3a-204(4)(c)(ii); or
1929  (ii) if the voter does not have a type of identification described in Subsection [
1930  20A-3a-204(2)(c)(ii)] 20A-3a-204(4)(c)(ii), include in the mail-in return envelope
1931  another type of valid voter identification;
1932  (e) place the manual ballot into the mail-in return envelope; and
                                                    - 57 -
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1933  (f) seal the mail-in return envelope unless a different method is authorized under Section
1934  20A-1-308.
1935     [(5)] (6) For a ballot described in Subsection [(4)] (5) to be counted, the emergency voter
1936  application and the sealed [manual ballot] mail-in return envelope must be returned to the
1937  election officer's office in accordance with the requirements of this chapter.
1938     [(6)] (7) An election officer shall design an emergency ballot application and ensure that the
1939  application includes the check box and statement described in Subsection
1940  20A-3a-401(7)(d)(v).
1941     [(7)] (8) Beginning on January 1, 2029, a hospitalized voter who receives a ballot by mail
1942  with a mail-in return envelope may, if the voter is unable to provide the digits described
1943  in Subsection 20A-3a-401(4)(b)(i), [return the ballot by mail by including] include in the
1944  return envelope:
1945  (a) a photocopy of a type of identification described in Subsection [20A-3a-204(2)(c)(ii)]
1946  20A-3a-204(4)(c)(ii); or
1947  (b) if the voter does not have a type of identification described in Subsection [
1948  20A-3a-204(2)(c)(ii)] 20A-3a-204(4)(c)(ii):
1949  (i) a photocopy of another type of valid voter identification; and
1950  (ii) a document showing that the voter is a hospitalized voter.
1951  Section 18. Section 20A-3a-401 is amended to read:
1952  20A-3a-401 (Effective 01/01/27). Custody of remote ballots returned by mail --
1953     Disposition -- Notice -- Disclosures relating to unresolved ballots.
1954     (1)(a) This section governs remote ballots returned by mail[, via a ballot drop box, or by
1955  other legal means] under Subsection 20A-3a-203.6(1)(a).
1956  (b) Except for a ballot returned under Chapter 16, Uniform Military and Overseas Voters
1957  Act, if a remote ballot returned by mail is not sealed in a mail-in return envelope, or
1958  is sealed in a mail-in return envelope that was not issued by the election officer for
1959  the voter identified on the mail-in return envelope, the election officer shall:
1960  (i) reject the ballot; and
1961  (ii) if possible:
1962  (A) notify the voter that the ballot was rejected and the reason the ballot was
1963  rejected; and
1964  (B) if it is not too late for the voter to cast a ballot in a manner permitted by law,
1965  inform the voter how the voter may vote.
1966     (2) Poll workers shall process mail-in return envelopes containing manual ballots that are in
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
1967  the custody of the poll workers in accordance with this section.
1968     (3) Poll workers shall examine a mail-in return envelope to make the determinations
1969  described in Subsection (4).
1970     (4) The poll workers shall take the action described in Subsection (5)(a) if the poll workers
1971  determine:
1972  (a) for an election held before January 1, 2029:
1973  (i) that the mail-in return envelope contains the last four digits of the voter's Utah
1974  driver license number, Utah state identification card number, or social security
1975  number; or
1976  (ii) if the return envelope does not contain the digits described in Subsection (4)(a)(i),
1977  that:
1978  (A) in accordance with the rules made under Subsection (13), the signature on the
1979  affidavit of the mail-in return envelope is reasonably consistent with the
1980  individual's signature in the voter registration records; or
1981  (B) for an individual who checks the box described in Subsection (7)(d)(v), the
1982  signature is verified by alternative means;
1983  (b) for an election held on or after January 1, 2029:
1984  (i) that the mail-in return envelope contains the last four digits of the voter's Utah
1985  driver license number, Utah state identification card number, or social security
1986  number;
1987  (ii) if the mail-in return envelope does not contain the digits described in Subsection
1988  (4)(b)(i), that the voter included in the mail-in return envelope a copy of the
1989  identification described in Subsection [20A-3a-204(2)(c)(ii)] 20A-3a-204(4)(c)(ii);
1990  or
1991  [(iii)] (A) for a voter described in Subsection [20A-3a-301(7)] 20A-3a-301(8), that
1992  the voter complied with Subsection [20A-3a-301(7)] 20A-3a-301(8); and
1993  (c) that the affidavit is sufficient;
1994  (d) that the voter is registered to vote in the correct precinct;
1995  (e) that the voter's right to vote the ballot has not been challenged;
1996  (f) that the voter has not already voted in the election; and
1997  (g) for a voter who has not yet provided valid voter identification with the voter's voter
1998  registration, whether the voter has provided valid voter identification with the mail-in
1999  return envelope.
2000     (5)(a) If the poll workers make all of the findings described in Subsection (4), the poll
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 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2001  workers shall:
2002  (i) remove the manual ballot from the mail-in return envelope in a manner that does
2003  not destroy the affidavit on the mail-in return envelope;
2004  (ii) ensure that the ballot is not examined in connection with the mail-in return
2005  envelope; and
2006  (iii) place the ballot with the other ballots to be counted.
2007  (b) If the poll workers do not make all of the findings described in Subsection (4), the
2008  poll workers shall:
2009  (i) disallow the vote;
2010  (ii) except as provided in Subsection (6), without opening the mail-in return
2011  envelope, record the ballot as "rejected" and state the reason for the rejection; and
2012  (iii) except as provided in Subsection (6), place the mail-in return envelope,
2013  unopened, with the other rejected return envelopes.
2014     (6) A poll worker may open a mail-in return envelope, if necessary, to determine
2015  compliance with Subsection [(4)(b)(ii), (4)(b)(iii)] (4)(b)(i)(B) or (C), or (4)(g).
2016     (7)(a) If the poll workers reject an individual's ballot because the poll workers determine
2017  that the mail-in return envelope does not comply with Subsection (4), the election
2018  officer shall:
2019  (i) contact the individual in accordance with Subsection (8); and
2020  (ii) inform the individual:
2021  (A) that the identification information provided on the mail-in return envelope is
2022  in question;
2023  (B) how the individual may resolve the issue; and
2024  (C) that, in order for the ballot to be counted, the individual is required to deliver
2025  to the election officer a correctly completed affidavit, provided by the county
2026  clerk, that meets the requirements described in Subsection (7)(d).
2027  (b) If, under Subsection [(4)(a)(ii)(A)] (4)(a) or (b), the poll workers reject an individual's
2028  ballot because the poll workers determine, in accordance with rules made under
2029  Subsection (13), that the signature on the mail-in return envelope is not reasonably
2030  consistent with the individual's signature in the voter registration records, the election
2031  officer shall:
2032  (i) contact the individual in accordance with Subsection (8); and
2033  (ii) inform the individual:
2034  (A) that the individual's signature is in question;
                                                  - 60 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2035  (B) how the individual may resolve the issue; and
2036  (C) that, in order for the ballot to be counted, the individual is required to deliver
2037  to the election officer a correctly completed affidavit, provided by the county
2038  clerk, that meets the requirements described in Subsection (7)(d).
2039        (c) The election officer shall ensure that the notice described in Subsection (7)(a) or (b)
2040  includes:
2041  (i) when communicating the notice by mail, a printed copy of the affidavit described
2042  in Subsection (7)(d) and a courtesy reply envelope;
2043  (ii) when communicating the notice electronically, a link to a copy of the affidavit
2044  described in Subsection (7)(d) or information on how to obtain a copy of the
2045  affidavit; or
2046  (iii) when communicating the notice by phone, either during a direct conversation
2047  with the voter or in a voicemail, arrangements for the voter to receive a copy of
2048  the affidavit described in Subsection (7)(d), either in person from the clerk's
2049  office, by mail, or electronically.
2050        (d) An affidavit described in Subsection (7)(a)(ii)(C) or (7)(b)(ii)(C) shall include:
2051  (i) an attestation that the individual voted the ballot;
2052  (ii) a space for the individual to enter the individual's name, date of birth, and driver
2053  license number or the last four digits of the individual's social security number;
2054  (iii) a space for the individual to sign the affidavit;
2055  (iv) a statement that, by signing the affidavit, the individual authorizes the lieutenant
2056  governor's and county clerk's use of the information in the affidavit and the
2057  individual's signature on the affidavit for voter identification purposes; and
2058  (v) a check box accompanied by language in substantially the following form: "I am
2059  a voter with a qualifying disability under the Americans with Disabilities Act that
2060  impacts my ability to sign my name consistently. I can provide appropriate
2061  documentation upon request. To discuss accommodations, I can be contacted at
2062  __________________".
2063        (e) In order for an individual described in Subsection (7)(a) or (b) to have the
2064  individual's remote ballot counted, the individual shall deliver the affidavit described
2065  in Subsection (7)(d) to the election officer.
2066        (f) An election officer who receives a signed affidavit under Subsection (7)(e) shall
2067  immediately:
2068  (i) scan the signature on the affidavit electronically and keep the signature on file in
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 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2069  the statewide voter registration database developed under Section 20A-2-502;
2070  (ii) if the election officer receives the affidavit no later than noon on the last business
2071  day before the day on which the canvass begins, count the individual's remote
2072  ballot; and
2073  (iii) if the check box described in Subsection (7)(d)(v) is checked, comply with the
2074  rules described in Subsection (13)(c).
2075     (8)(a) The election officer shall, within two business days after the day on which an
2076  individual's ballot is rejected, notify the individual of the rejection and the reason for
2077  the rejection, by phone, mail, email, or, if consent is obtained, text message, unless:
2078  (i) the ballot is cured within one business day after the day on which the ballot is
2079  rejected; or
2080  (ii) the ballot is rejected because the ballot is received late or for another reason that
2081  cannot be cured.
2082  (b) If an individual's ballot is rejected for a reason described in Subsection (8)(a)(ii), the
2083  election officer shall notify the individual of the rejection and the reason for the
2084  rejection by phone, mail, email, or, if consent is obtained, text message, within the
2085  later of:
2086  (i) 30 calendar days after the day of the rejection; or
2087  (ii) 30 calendar days after the day of the election.
2088  (c) The election officer may, when notifying an individual by phone under this
2089  Subsection (8), use auto-dial technology.
2090     (9) An election officer may not count the ballot of an individual whom the election officer
2091  contacts under Subsection (7) or (8) unless, no later than noon on the last business day
2092  before the day on which the canvass begins, the election officer:
2093  (a) receives a signed affidavit from the individual under Subsection (7); or
2094  (b)(i) contacts the individual;
2095  (ii) if the election officer has reason to believe that an individual, other than the voter
2096  to whom the ballot was sent, signed the ballot affidavit, informs the individual that
2097  it is unlawful to sign a ballot affidavit for another person, even if the person gives
2098  permission;
2099  (iii) verifies the identity of the individual by:
2100  (A) requiring the individual to provide at least two types of personal identifying
2101  information for the individual; and
2102  (B) comparing the information provided under Subsection (9)(b)(iii)(A) to records
                                                   - 62 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2103  relating to the individual that are in the possession or control of an election
2104  officer; and
2105  (iv) documents the verification described in Subsection (9)(b)(iii), by recording:
2106  (A) the name and voter identification number of the individual contacted;
2107  (B) the name of the individual who conducts the verification;
2108  (C) the date and manner of the communication;
2109  (D) the type of personal identifying information provided by the individual;
2110  (E) a description of the records against which the personal identifying information
2111  provided by the individual is compared and verified; and
2112  (F) other information required by the lieutenant governor.
2113     (10)(a) The election officer shall retain and preserve:
2114  (i) the mail-in return envelopes in accordance with Subsection 20A-4-202(2); and
2115  (ii) the documents described in Subsection (9)(b)(iv) in accordance with Subsection
2116  20A-4-202(3).
2117  (b) If the election officer complies with Subsection (10)(a)(ii) by including the
2118  documentation in the voter's voter registration record, the election officer shall make,
2119  retain, and preserve a record of the name and voter identification number of each
2120  voter contacted under Subsection (9)(b).
2121     (11)(a) The election officer shall record the following in the database used in the
2122  verification process:
2123  (i) any initial rejection of a ballot under Subsection (5)(b), within one business day
2124  after the day on which the election officer rejects the ballot; and
2125  (ii) any resolution of a rejection of a ballot under Subsection (9), within one business
2126  day after the day on which the ballot rejection is resolved.
2127  (b) An election officer shall include, in the canvass report, a final report of the
2128  disposition of all rejected and resolved ballots, including, for ballots rejected, the
2129  following:
2130  (i) the number of ballots rejected because the voter did not sign the voter's ballot; and
2131  (ii) the number of ballots rejected because the voter's signatures on the ballot, and in
2132  records on file, do not correspond.
2133     (12) Willful failure to comply with this section constitutes willful neglect of duty under
2134  Section 20A-5-701.
2135     (13) The director of elections within the Office of the Lieutenant Governor shall make
2136  rules, in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, to
                                                 - 63 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2137  establish:
2138  (a) criteria and processes for use by poll workers in determining if a signature
2139  corresponds with the signature on file for the voter under Subsection (4)(a)(ii)(A);
2140  (b) training and certification requirements for election officers and employees of election
2141  officers regarding the criteria and processes described in Subsection (13)(a); and
2142  (c) in compliance with Title II of the Americans with Disabilities Act of 1990, 42 U.S.C.
2143  Secs. 12131 through 12165, an alternative means of verifying the identity of an
2144  individual who checks the box described in Subsection (7)(d)(v).
2145     (14)(a) Upon request, and subject to Subsections (14)(b) and (c), an election officer may
2146  disclose the name and address of a voter whose ballot has been rejected and not yet
2147  resolved with:
2148  (i) a candidate in the election;
2149  (ii) an individual who represents the candidate's campaign;
2150  (iii) the sponsors of an initiative or referendum appearing on the ballot; or
2151  (iv) for a ballot proposition appearing on the ballot, an individual who represents a
2152  political issues committee, as defined in Section 20A-11-101, if the political
2153  issues committee supports or opposes the ballot proposition.
2154  (b) If an election officer discloses the information described in Subsection (14)(a), the
2155  election officer shall:
2156  (i) make the disclosure within two business days after the day on which the request is
2157  made;
2158  (ii) respond to each request in the order the requests were made; and
2159  (iii) make each disclosure in a manner, and within a period of time, that does not
2160  reflect favoritism to one requestor over another.
2161  (c) A disclosure described in this Subsection (14) may not include the name or address
2162  of a protected individual, as defined in Subsection 20A-2-104(1).
2163  Section 19. Section 20A-3a-805 is amended to read:
2164  20A-3a-805 (Effective 01/01/27). Challenges to a voter's eligibility at polling
2165     place -- Procedure.
2166     (1)(a) A poll worker, a watcher, or an individual who resides in the jurisdiction to which
2167  the election relates may, at a polling place, challenge an individual's eligibility to vote
2168  a particular ballot or to vote in that election if:
2169  (i) the individual making the challenge and the challenged individual are both present
2170  at the polling place at the time the challenge is made; and
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2171  (ii) the challenge is made[ ] :
2172  (A) before the challenged individual applies for a ballot[.] ; or
2173  (B) in relation to an individual who is returning a remote ballot, before a poll
2174  worker accepts the ballot.
2175  (b) An individual may make a challenge by orally stating the challenged individual's
2176  name and the basis for the challenge, as provided under Section 20A-3a-803.
2177     (2) The poll worker shall record a challenge in the official register or on the challenge
2178  sheets in the pollbook, including:
2179  (a) the name of the challenged individual;
2180  (b) the name of the individual making the challenge; and
2181  (c) the basis upon which the challenge is made.
2182     (3) If an individual's eligibility to vote is challenged under this section, the poll worker shall
2183  follow the procedures and requirements of Section 20A-3a-205.
2184  Section 20. Section 20A-4-101 is amended to read:
2185  20A-4-101 (Effective 01/01/27). Manual ballots cast at a polling place --
2186     Counting manual ballots at a polling place on day of election before polls close.
2187     (1) Each county legislative body, municipal legislative body, and each poll worker shall
2188  comply with the requirements of this section when counting manual ballots on the day of
2189  an election, if:
2190  (a) the ballots are cast at a polling place; and
2191  (b) the ballots are counted at the polling place before the polls close.
2192     (2)(a) Each county legislative body or municipal legislative body shall provide:
2193  (i) two sets of ballot boxes for all voting precincts where both receiving and counting
2194  judges have been appointed; and
2195  (ii) a counting room for the use of the poll workers counting the ballots during the
2196  day.
2197  (b) At any election in any voting precinct in which both receiving and counting judges
2198  have been appointed, when at least 20 votes have been cast, the receiving judges shall:
2199  (i) close the first ballot box and deliver it to the counting judges; and
2200  (ii) prepare and use another ballot box to receive voted ballots.
2201  (c) Except as provided in Subsection (2)(f), upon receipt of the ballot box, the counting
2202  judges shall:
2203  (i) take the ballot box to the counting room;
2204  (ii) count the votes on the regular ballots in the ballot box;
                                                  - 65 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2205  (iii) place the provisional ballot envelopes in the envelope or container provided for
2206  them for return to the election officer; and
2207  (iv) when they have finished counting the votes in the ballot box, return the emptied
2208  box to the receiving judges.
2209  (d)(i) During the course of election day, whenever there are at least 20 ballots
2210  contained in a ballot box, the receiving judges shall deliver that ballot box to the
2211  counting judges for counting; and
2212  (ii) the counting judges shall immediately count the regular ballots and segregate the
2213  provisional ballots contained in that box.
2214  (e) The counting judges shall continue to exchange the ballot boxes and count ballots
2215  until the polls close.
2216  [(f)(i) The director of elections within the Office of the Lieutenant Governor shall
2217  make rules in accordance with Title 63G, Chapter 3, Utah Administrative
2218  Rulemaking Act, describing the procedures that a counting judge is required to
2219  follow for counting ballots in an instant runoff voting race under Part 6, Municipal
2220  Alternate Voting Methods Pilot Project.]
2221  [(ii) When counting ballots in an instant runoff voting race described in Part 6,
2222  Municipal Alternate Voting Methods Pilot Project, a counting judge shall comply
2223  with the procedures established under Subsection (2)(f)(i) and Part 6, Municipal
2224  Alternate Voting Methods Pilot Project.]
2225     (3) To resolve questions that arise during the counting of ballots, a counting judge shall
2226  apply the standards and requirements of[:] ,
2227  [(a)] to the extent applicable, Section 20A-4-105[; and] .
2228  [(b) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
2229  Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).]
2230  Section 21. Section 20A-4-102 is amended to read:
2231  20A-4-102 (Effective 01/01/27). Manual ballots cast at a polling place --
2232     Counting manual ballots at a polling place on day of election after polls close.
2233     (1)(a) This section governs counting manual ballots on the day of an election, if:
2234  (i) the ballots are cast at a polling place; and
2235  (ii) the ballots are counted at the polling place after the polls close.
2236  (b) Except as provided in Subsection (2)[ or a rule made under Subsection
2237  20A-4-101(2)(f)(i)], as soon as the polls have been closed and the last qualified voter
2238  has voted, the election judges shall count the ballots by performing the tasks
                                                  - 66 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2239  specified in this section in the order that they are specified.
2240  (c) To resolve questions that arise during the counting of ballots, a counting judge shall
2241  apply the standards and requirements of[:] ,
2242  [(i)] to the extent applicable, Section 20A-4-105[; and] .
2243  [(ii) as applicable, for an instant runoff voting race under Part 6, Municipal Alternate
2244  Voting Methods Pilot Project, Subsections 20A-4-603(3) through (5).]
2245     (2)(a) First, the election judges shall count the number of ballots in the ballot box.
2246  (b)(i) If there are more ballots in the ballot box than there are names entered in the
2247  pollbook, the judges shall examine the official endorsements on the ballots.
2248  (ii) If, in the unanimous opinion of the judges, any of the ballots do not bear the
2249  proper official endorsement, the judges shall put those ballots in an excess ballot
2250  file and not count [them] those ballots.
2251  (c)(i) If, after examining the official endorsements, there are still more ballots in the
2252  ballot box than there are names entered in the pollbook, the judges shall place the
2253  remaining ballots back in the ballot box.
2254  (ii) One of the judges, without looking, shall draw a number of ballots equal to the
2255  excess from the ballot box.
2256  (iii) The judges shall put those excess ballots into the excess ballot envelope and not
2257  count them.
2258  (d) When the ballots in the ballot box equal the number of names entered in the
2259  pollbook, the judges shall count the votes.
2260     (3) The judges shall:
2261  (a) place all unused ballots in the envelope or container provided for return to the county
2262  clerk or city recorder; and
2263  (b) seal that envelope or container.
2264     (4) The judges shall:
2265  (a) place all of the provisional ballot envelopes in the envelope provided for them for
2266  return to the election officer; and
2267  (b) seal that envelope or container.
2268     (5)(a) In counting the votes, the election judges shall read and count each ballot
2269  separately.
2270  (b) In regular primary elections the judges shall:
2271  (i) count the number of ballots cast for each party;
2272  (ii) place the ballots cast for each party in separate piles; and
                                                 - 67 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2273  (iii) count all the ballots for one party before beginning to count the ballots cast for
2274  other parties.
2275     (6)(a) In all elections, the counting judges shall[, except as provided in Part 6, Municipal
2276  Alternate Voting Methods Pilot Project, or a rule made under Subsection
2277  20A-4-101(2)(f)(i)]:
2278  (i) count one vote for each candidate designated by the marks in the squares next to
2279  the candidate's name;
2280  (ii) count each vote for each write-in candidate who has qualified by filing a
2281  declaration of candidacy under Section 20A-9-601;
2282  (iii) read every name marked on the ballot and mark every name upon the tally sheets
2283  before another ballot is counted;
2284  (iv) evaluate each ballot and each vote based on the standards and requirements of
2285  Section 20A-4-105;
2286  (v) write the word "spoiled" on the back of each ballot that lacks the official
2287  endorsement and deposit it in the spoiled ballot envelope; and
2288  (vi) read, count, and record upon the tally sheets the votes that each candidate and
2289  ballot proposition received from all ballots, except excess or spoiled ballots.
2290  (b) Election judges need not tally write-in votes for fictitious persons, nonpersons, or
2291  persons clearly not eligible to qualify for office.
2292  (c) The judges shall certify to the accuracy and completeness of the tally list in the space
2293  provided on the tally list.
2294  (d) When the judges have counted all of the voted ballots, they shall record the results
2295  on the total votes cast form.
2296     (7)(a) Except as provided in Subsection (7)(b), only an election judge and a watcher may
2297  be present at the place where counting is conducted until the count is completed.
2298  (b)(i) An auditor conducting an audit described in Section 36-12-15.2 may be present
2299  at the place where counting is conducted, regardless of whether the count is
2300  completed.
2301  (ii) The lieutenant governor may be present at the place where counting is conducted,
2302  regardless of whether the count is completed.
2303  Section 22. Section 20A-4-102.5 is enacted to read:
2304  20A-4-102.5 (Effective 01/01/27). Preparing remote ballots returned to a ballot
2305     drop box for counting.
2306     (1) Before counting remote ballots that are returned to a ballot drop box, the election officer
                                                 - 68 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2307  shall, for each return envelope returned:
2308  (a) record the voting history for the voter;
2309  (b) verify that the voter has not already voted; and
2310  (c) verify that the voter is registered to vote in the jurisdiction to which the ballot relates.
2311     (2) If an election officer is unable to make the verification described in Subsection (1)(b) or
2312  (c), the election officer shall:
2313  (a) reject the ballot; and
2314  (b) if possible:
2315  (i) notify the voter that the ballot was rejected and the reason the ballot was rejected;
2316  and
2317  (ii) if it is not too late for the voter to cast a ballot in a manner permitted by law,
2318  inform the voter how the voter may vote.
2319  Section 23. Section 20A-4-105 is amended to read:
2320  20A-4-105 (Effective 01/01/27). Standards and requirements for evaluating
2321     voter's ballot choice.
2322     (1)(a) An election officer shall ensure that when a question arises regarding a vote
2323  recorded on a manual ballot, two counting judges jointly adjudicate the ballot, except
2324  as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot Project, in
2325  accordance with the requirements of this section.
2326  (b) If the counting judges disagree on the disposition of a vote recorded on a ballot that
2327  is adjudicated under this section, the counting judges may not count the vote.
2328  (c) An election officer shall store adjudicated ballots separately from other ballots to
2329  enable a court to review the ballots if the election is challenged in court.
2330     (2) Except as provided in Subsection (10), [Subsection 20A-3a-204(7), or Part 6, Municipal
2331  Alternate Voting Methods Pilot Project, ]if a voter marks more names than there are
2332  individuals to be elected to an office, or if the counting judges cannot determine a voter's
2333  choice for an office, the counting judges may not count the voter's vote for that office.
2334     (3) [Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
2335  Project, the] The counting judges shall count a defective or incomplete mark on a manual
2336  ballot if:
2337  (a) the defective or incomplete mark is in the proper place; and
2338  (b) there is no other mark or cross on the ballot indicating the voter's intent to vote other
2339  than as indicated by the incomplete or defective mark.
2340     (4) [Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
                                                   - 69 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2341  Project, the] The counting judges [ ]may not reject a ballot marked by the voter because
2342  of marks on the ballot other than those marks allowed by this section unless the
2343  extraneous marks on a ballot show an intent by an individual to mark the individual's
2344  ballot so that the individual's ballot can be identified.
2345     (5)(a) In counting the ballots, the counting judges shall give full consideration to the
2346  intent of the voter.
2347  (b) The counting judges may not invalidate a ballot because of mechanical or technical
2348  defects in voting or failure on the part of the voter to follow strictly the rules for
2349  balloting required by Chapter 3a, Voting.
2350     (6) The counting judges may not reject a ballot because of an error in:
2351  (a) stamping or writing an official endorsement; or
2352  (b) delivering the wrong ballots to a polling place.
2353     (7) The counting judges may not count a manual ballot that does not have the official
2354  endorsement by an election officer.
2355     (8) The counting judges may not count a ballot proposition vote or candidate vote for which
2356  the voter is not legally entitled to vote, as defined in Section 20A-4-107.
2357     (9) If the counting judges discover that the name of a candidate is misspelled on a ballot,
2358  or that the initial letters of a candidate's given name are transposed or omitted in whole
2359  or in part on a ballot, the counting judges shall count a voter's vote for the candidate if it
2360  is apparent that the voter intended to vote for the candidate.
2361     (10) The counting judges shall count a vote for the president and the vice president of any
2362  political party as a vote for the presidential electors selected by the political party.
2363     (11) [Except as otherwise provided in Part 6, Municipal Alternate Voting Methods Pilot
2364  Project, in] In counting the valid write-in votes, if, by casting a valid write-in vote, a
2365  voter has cast more votes for an office than that voter is entitled to vote for that office,
2366  the counting judges shall count the valid write-in vote as being the obvious intent of the
2367  voter.
2368  Section 24. Section 20A-4-304 is amended to read:
2369  20A-4-304 (Effective 01/01/27). Declaration of results -- Canvassers' report.
2370     (1)(a) [Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a]
2371  A board of canvassers shall declare "elected" or "nominated" those persons who:
2372  (i) had the highest number of votes; and
2373  (ii) sought election or nomination to an office completely within the board's
2374  jurisdiction.
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2375  (b) [Except as provided in Part 6, Municipal Alternate Voting Methods Pilot Project, a] A
2376  board of canvassers shall declare a "tie vote" if:
2377  (i) two or more candidates for an office receive an equal and the highest number of
2378  votes for that office; or
2379  (ii) in a race for an at-large office:
2380  (A) two or more candidates receive an equal number of votes; and
2381  (B) a recount is necessary to determine which candidates are elected to the at-large
2382  office.
2383  (c) A board of canvassers shall declare:
2384  (i) "approved" those ballot propositions that:
2385  (A) had more "yes" votes than "no" votes; and
2386  (B) were submitted only to the voters within the board's jurisdiction; or
2387  (ii) "rejected" those ballot propositions that:
2388  (A) had more "no" votes than "yes" votes or an equal number of "no" votes and
2389  "yes" votes; and
2390  (B) were submitted only to the voters within the board's jurisdiction.
2391  (d) A board of canvassers shall:
2392  (i) certify the vote totals for candidates and for and against ballot propositions that
2393  were submitted to voters within and beyond the board's jurisdiction and transmit
2394  those vote totals to the lieutenant governor; and
2395  (ii) if applicable, certify the results of each special district election to the special
2396  district clerk.
2397     (2) The election officer shall submit a report to the board of canvassers that includes the
2398  following information:
2399  (a) a statement of votes cast, disclosing:
2400  (i) the total number of votes cast in the board's jurisdiction; and
2401  (ii) for each office that appeared on the ballot:
2402  (A) the name of each candidate whose name appeared on the ballot; and
2403  (B) whether the candidate is an unaffiliated candidate, a valid write-in candidate,
2404  or, if the candidate is affiliated with or the nominee of a registered political
2405  party, the name of the registered political party;
2406  (b) the title of each ballot proposition that appeared on the ballot;
2407  (c) the total number of votes given in the board's jurisdiction to each candidate, and for
2408  and against each ballot proposition;
                                                    - 71 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2409        (d) from each voting precinct:
2410  (i) the number of votes for each candidate; and
2411  [(ii) for each race conducted by instant runoff voting under Part 6, Municipal
2412  Alternate Voting Methods Pilot Project, the number of valid votes cast for each
2413  candidate for each potential ballot-counting phase and the name of the candidate
2414  excluded in each ballot-counting phase; and]
2415  [(iii)] (ii) the number of votes for and against each ballot proposition;
2416        (e) standardized statistics, on a form provided by the lieutenant governor, disclosing, at a
2417  minimum:
2418  (i) the number of active voters in the board's jurisdiction as of the Friday before
2419  election day;
2420  (ii) the number of ballots counted by the election officer that were cast by voters who
2421  registered to vote on election day under Section 20A-2-207;
2422  (iii) the total number of ballots counted by the election officer;
2423  (iv) the quotient of the number described in Subsection (2)(e)(iii) divided by the sum
2424  of the numbers described in Subsections (2)(e)(i) and (ii);
2425  (v) of the number described in Subsection (2)(e)(iii):
2426  (A) the number of provisional ballots cast at a polling place; and
2427  (B) the number of ballots cast using a voting method described in Section
2428  20A-3a-201;
2429  (vi) a reconciliation of the number of ballots the election officer counted and the
2430  number of voters given credit for voting in the election;
2431  (vii) if there is a difference between the numbers described in Subsection (2)(e)(vi),
2432  an explanation for the difference;
2433  (viii) the number of provisional ballots that could not legally be counted; and
2434  (ix) each of the following:
2435  (A) the number of ballots, other than provisional ballots, that were rejected
2436  because the ballots could not legally be cured;
2437  (B) the number of ballots, other than provisional ballots, that were rejected, could
2438  have been cured by the voter, but were not cured;
2439  (C) the number of uncounted ballots received after the deadline described in
2440  Subsection [20A-3a-204(3)] 20A-3a-204(5); and
2441  (D) the percentage of ballots that were returned as undeliverable;
2442        (f) subject to Subsection (3), a cast vote record report that contains only the following
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2443  information from the election results database:
2444  (i) for the jurisdiction administering the election:
2445  (A) the title of each ballot proposition appearing on the ballots;
2446  (B) a description of each race for federal office, statewide office, state legislative
2447  office, state school board office, county office, local school board office, or
2448  municipal office appearing on the ballots; and
2449  (C) the name of each candidate for an office described in Subsection (2)(f)(i)(B);
2450  (ii) the numeric identifier described in Subsection 20A-5-802.5(2)(b);
2451  (iii) the vote cast by a voter for:
2452  (A) a candidate for an office described in Subsection (2)(f)(i)(B);
2453  (B) a valid write-in candidate; and
2454  (C) each ballot proposition;
2455  (iv) if a voter's vote was not counted, an indication that the vote was not counted
2456  because:
2457  (A) the voter cast a vote for more than one candidate for a single office; or
2458  (B) the voter made more than one selection for a single ballot proposition;
2459  (v) if a voter was eligible to cast a vote, but did not cast a vote, an indication that the
2460  voter did not cast a vote; and
2461  (vi) if a ballot proposition or an office described in Subsection (2)(f)(i)(B) did not
2462  appear on the voter's ballot:
2463  (A) an indication that the voter was ineligible to cast a vote for the ballot
2464  proposition or office; or
2465  (B) a blank field or space in the portion of the report representing the ballot
2466  proposition or office;
2467  (g) other information required by law to be provided to the board of canvassers; and
2468  (h) a statement certifying that the information contained in the report is accurate.
2469     (3) The cast vote record report described in Subsection (2)(f) may not include:
2470  (a) any special district office or special district ballot proposition appearing on a ballot in
2471  the jurisdiction administering the election;
2472  (b) the vote cast by a voter for a special district office or special district ballot
2473  proposition;
2474  (c) the voter precinct number associated with a ballot; or
2475  (d) information that directly identifies the voter who cast the ballot.
2476     (4) For an election in which the election officer does not use automatic tabulating
                                                   - 73 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2477  equipment, the election officer shall:
2478  (a) review the votes cast on each ballot that is counted;
2479  (b) manually compile the information described in Subsection (2)(f) in a file format
2480  described in Subsection (8)(c);
2481  (c) ensure that the file does not contain the information described in Subsection (3); and
2482  (d) include a copy of the file in the board of canvassers' report.
2483     (5) The election officer and the board of canvassers shall:
2484  (a) review the report to ensure that the report is correct; and
2485  (b) sign the report.
2486     (6) The election officer shall:
2487  (a) record or file the certified report in a book kept for that purpose;
2488  (b) prepare and transmit a certificate of nomination or election under the officer's seal to
2489  each nominated or elected candidate;
2490  (c) publish a copy of the certified report in accordance with Subsection (7); and
2491  (d) file a copy of the certified report with the lieutenant governor.
2492     (7) Subject to Subsection (8), an election officer shall, no later than three business days
2493  after the day on which the board of canvassers declares the election results, publish a
2494  notice of the certified report described in Subsection (2) as a class A notice under
2495  Section 63G-30-102.
2496     (8) The class A notice described in Subsection (7) shall:
2497  (a) include the following statement: "The Board of Canvassers for [indicate name of
2498  jurisdiction] has prepared a report of the election results for the [indicate type and
2499  date of election].";
2500  (b) specify the following sources where an individual may view or obtain a copy of the
2501  entire certified report:
2502  (i) the Utah Public Notice Website;
2503  (ii) if the election officer is required to publish the notice on the board's jurisdiction's
2504  website under Subsection 63G-30-102(1)(b), the jurisdiction's website;
2505  (iii) the physical address for the board's jurisdiction; and
2506  (iv) a mailing address and telephone number; and
2507  (c) [subject to Subsection (9), ]for the website posting described in Subsections
2508  63G-30-102(1)(a) and (b), include a copy of the certified report in the following file
2509  formats:
2510  (i) except for the cast vote record report described in Subsection (2)(f), a PDF or
                                                  - 74 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2511  similar file; and
2512  (ii) for the cast vote record report described in Subsection (2)(f), one or more
2513  spreadsheets, Comma Separated Values files, or another common type of
2514  delimited or fixed-width files.
2515     [(9) An election officer may post the information required to be included in the cast vote
2516  record report described in Subsection (2)(f) as a text-based file that represents structured
2517  information through key value pairs and ordered collections of data in lieu of including
2518  that information in a file described in Subsection (8)(c)(ii) if:]
2519  [(a) the race for elective office was conducted using instant runoff voting under Chapter
2520  4, Part 6, Municipal Alternate Voting Methods Pilot Project; and]
2521  [(b) the tabulating equipment does not produce a file described in Subsection (8)(c)(ii)
2522  that accurately records all the preferences cast by a voter on the voter's ballot.]
2523     [(10)] (9) An election officer shall publish the class A notice described in Subsection (7) for
2524  the following time periods:
2525  (a) in relation to posting the notice on the Utah Public Notice Website under Subsection
2526  63G-30-102(1)(a), indefinitely;
2527  (b) in relation to posting the notice on the election officer's jurisdiction's website under
2528  Subsection 63G-30-102(1)(b), for at least 180 calendar days after the day of the
2529  deadline described in Subsection (7); and
2530  (c) in relation to posting the notice in a physical location under Subsection
2531  63G-30-102(1)(c), for at least seven calendar days after the day of the deadline
2532  described in Subsection (7).
2533     [(11)] (10) An election officer:
2534  (a) shall ensure that an individual may obtain a copy of the certified report in a file
2535  format described in[:]
2536  [(i)] Subsection (8)(c); and
2537  [(ii) if applicable, Subsection (9); and]
2538  (b) may make the certified report available in any computer-readable format that the
2539  election officer determines is helpful to members of the public.
2540     [(12)] (11) When there has been a regular general or a statewide special election for
2541  statewide officers, for officers that appear on the ballot in more than one county, or for a
2542  statewide or two or more county ballot proposition, each board of canvassers shall,
2543  immediately upon adjournment of the board, transmit to the lieutenant governor a report
2544  detailing the number of votes for each candidate and the number of votes for and against
                                                  - 75 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2545  each ballot proposition.
2546     [(13)] (12) In each county election, municipal election, school election, special district
2547  election, and local special election, the election officer shall transmit the reports to the
2548  lieutenant governor within 14 calendar days after the date of the election.
2549     [(14)] (13) In a regular primary election and in a presidential primary election, the board of
2550  canvassers shall, immediately upon adjournment of the board, transmit to the lieutenant
2551  governor:
2552  (a) the county totals for multi-county races; and
2553  (b) a complete tabulation showing voting totals for all primary races, precinct by
2554  precinct.
2555  Section 25. Section 20A-4-401 is amended to read:
2556  20A-4-401 (Effective 01/01/27). Recounts -- Procedure.
2557     [(1) This section does not apply to a race conducted by instant runoff voting under Part 6,
2558  Municipal Alternate Voting Methods Pilot Project.]
2559     [(2)] (1) The election officer shall conduct a recount of votes cast in a race if:
2560  (a) two or more candidates for an office receive an equal and the highest number of
2561  votes for that office; or
2562  (b) in a race for an at-large office, two or more candidates receive an equal number of
2563  votes and at least one of the candidates must be eliminated to determine which
2564  candidates are elected.
2565     [(3)] (2)(a) Except as provided in Subsection [(2) or (3)(b)] (1) or (2)(b), for a race
2566  between candidates, if the difference between the number of votes cast for a winning
2567  candidate in the race and a losing candidate in the race is equal to or less than .25%
2568  of the total number of votes cast for all candidates in the race, the losing candidate
2569  may file a request for a recount in accordance with Subsection [(4)] (3).
2570  (b) Except as provided in Subsection [(2)] (1), for a race between candidates where the
2571  total of all votes cast in the race is 400 or less, if the difference between the number
2572  of votes cast for a winning candidate in the race and a losing candidate in the race is
2573  one vote, the losing candidate may file a request for a recount in accordance with
2574  Subsection [(4)] (3).
2575     [(4)] (3) A losing candidate who files a request for a recount under Subsection [(3)(a) or (b)]
2576  (2)(a) or (b) shall file the request:
2577  (a) for a municipal primary election, with the municipal clerk, no later than 5 p.m. on the
2578  first business day that is at least three calendar days after the day on which the
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2579  canvass is completed; or
2580  (b) for all other elections, no later than 5 p.m. on the first business day that is at least
2581  three calendar days after the day on which the canvass is completed, with:
2582  (i) the municipal clerk, if the election is a municipal general election;
2583  (ii) the special district clerk, if the election is a special district election;
2584  (iii) the county clerk, for a race voted on entirely within a single county; or
2585  (iv) the lieutenant governor, for a statewide race or multi-county race.
2586     [(5)] (4)(a) The election officer shall conduct the recount:
2587  (i) for a race described in Subsection [(2)] (1), no later than 10 calendar days after the
2588  day on which the board of canvassers certifies the vote totals; or
2589  (ii) for a race described in Subsection [(3)] (2), no later than seven calendar days after
2590  the day on which the losing candidate requests the recount.
2591  (b) In conducting the recount, the election officer shall:
2592  (i) supervise the recount;
2593  (ii) recount all ballots cast in the race;
2594  (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
2595  Disposition of Ballots; and
2596  (iv)(A) for a race between candidates for a single office, declare elected the
2597  candidate who receives the highest number of votes on the recount;
2598  (B) for a race for an at-large office, declare elected the candidate who receives the
2599  highest number of votes on the recount, until all offices are filled by the
2600  candidates who received the highest number of votes;
2601  (C) for a race described in Subsection [(5)(b)(iv)(A)] (4)(b)(iv)(A) in which two or
2602  more candidates receive an equal and the highest number of votes, declare a tie
2603  vote; or
2604  (D) for a race described in Subsection [(5)(b)(iv)(B)] (4)(b)(iv)(B) in which two or
2605  more candidates receive an equal number of votes, declare a tie vote if the
2606  selection of the winning candidate by lot under Section 20A-1-304 is necessary
2607  to determine which candidate is elected to the at-large office.
2608     [(6)] (5) The cost of a recount under Subsection [(5)] (4) shall be paid by:
2609  (a) for a statewide race or multi-county race, the state; or
2610  (b) for all other races:
2611  (i) the political subdivision that conducts the election; or
2612  (ii) the political subdivision that enters into a contract or interlocal agreement under
                                                   - 77 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2613  Title 11, Chapter 13, Interlocal Cooperation Act, with a provider election officer
2614  to conduct the election.
2615     [(7)] (6)(a) Except as provided in Subsection [(7)(b)] (6)(b), for a ballot proposition or a
2616  bond proposition, if the proposition passes or fails by a margin that is equal to or less
2617  than .25% of the total votes cast for or against the proposition, any 10 voters who
2618  voted in the election where the proposition was on the ballot may file a request for a
2619  recount no later than 5 p.m. on the first business day that is at least seven calendar
2620  days after the day of the canvass with the person described in Subsection [(8)] (7).
2621  (b) For a ballot proposition or a bond proposition where the total of all votes cast for or
2622  against the proposition is 400 or less, if the difference between the number of votes
2623  cast for the proposition and the number of votes cast against the proposition is one
2624  vote, any 10 voters who voted in the election where the proposition was on the ballot
2625  may file a request for a recount no later than 5 p.m. on the first business day that is at
2626  least seven calendar days after the day of the canvass with the person described in
2627  Subsection [(8)] (7).
2628     [(8)] (7) The 10 voters who file a request for a recount under Subsection [(7)(a) or (b)] (6)(a)
2629  or (b) shall file the request with:
2630  (a) the municipal clerk, if the election is a municipal election;
2631  (b) the special district clerk, if the election is a special district election;
2632  (c) the county clerk, for a proposition voted on entirely within a single county; or
2633  (d) the lieutenant governor, for a statewide proposition or multi-county proposition.
2634     [(9)] (8)(a) In conducting the recount, the election officer shall:
2635  (i) supervise the recount;
2636  (ii) recount all ballots cast for the ballot proposition or bond proposition;
2637  (iii) reexamine all uncounted ballots to ensure compliance with Chapter 3a, Part 4,
2638  Disposition of Ballots; and
2639  (iv) declare the ballot proposition or bond proposition to have "passed" or "failed"
2640  based upon the results of the recount.
2641  (b) Proponents and opponents of the ballot proposition or bond proposition may
2642  designate representatives to witness the recount.
2643     [(10)] (9) The voters requesting a recount under Subsection [(7)(a) or (b)] (6)(a) or (b) shall
2644  pay the costs of the recount.
2645     [(11)] (10)(a) Upon completing a recount described in Subsection [(5) or (9)] (4) or (8),
2646  the election officer shall immediately convene the board of canvassers.
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2647  (b) The board of canvassers shall:
2648  (i) canvass the election returns for the race or proposition that was the subject of the
2649  recount; and
2650  (ii) with the assistance of the election officer, prepare and sign the report required by
2651  Section 20A-4-304 or 20A-4-306.
2652  (c) If the recount is for a statewide race, multi-county race, or a statewide proposition,
2653  the board of county canvassers shall prepare and transmit a separate report to the
2654  lieutenant governor as required by Subsection [20A-4-304(12)] 20A-4-304(11).
2655  (d) The canvassers' report prepared as provided in this Subsection [(11)] (10) is the
2656  official result of the race or proposition that is the subject of the recount.
2657  Section 26. Section 20A-5-102 is amended to read:
2658  20A-5-102 (Effective 01/01/27). Voting instructions.
2659     (1) Each election officer shall:
2660  (a) print instructions for voters;
2661  (b) ensure that the instructions are printed in English, and any other language required
2662  under the Voting Rights Act of 1965, as amended, in large clear type; and
2663  (c) ensure that the instructions inform voters:
2664  (i) about how to obtain, and how to return, ballots for voting;
2665  (ii) about special political party affiliation requirements for voting in a regular
2666  primary election or presidential primary election;
2667  (iii) about how to prepare ballots cast at a polling place for deposit in the ballot box;
2668  (iv) about how to prepare a [mailed] remote ballot for return;
2669  (v) about how to record write-in votes;
2670  (vi) about how to obtain a new ballot in the place of one spoiled by accident or
2671  mistake;
2672  (vii) about how to obtain assistance in marking ballots;
2673  (viii) about obtaining a new ballot if the voter's ballot is defaced;
2674  (ix) that identification marks or the spoiling or defacing of a ballot will make it
2675  invalid;
2676  (x) about how to obtain and vote a provisional ballot;
2677  (xi) about whom to contact to report election fraud;
2678  (xii) about applicable federal and state laws regarding:
2679  (A) voting rights and the appropriate official to contact if the voter alleges that the
2680  voter's rights have been violated; and
                                                  - 79 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2681  (B) prohibitions on acts of fraud and misrepresentation;
2682  (xiii) about procedures governing mail-in registrants and first-time voters; and
2683  (xiv) about the date of the election and the hours that the polls are open on election
2684  day.
2685     (2) Each election officer shall:
2686  (a) provide the election judges of each voting precinct with sufficient instruction cards to
2687  instruct voters in the preparation of the voters' ballots; and
2688  (b) direct the election judges to post:
2689  (i) general voting instructions in each voting booth;
2690  (ii) at least three instruction cards at other locations in [the] a polling place; and
2691  (iii) at least one sample ballot at [the] a polling place.
2692  Section 27. Section 20A-5-403.5 is amended to read:
2693  20A-5-403.5 (Effective 01/01/27). Ballot drop boxes -- Number, location, hours,
2694     and method of operation -- Notice.
2695     [(1) An election officer:]
2696  [(a) shall designate at least one ballot drop box in each municipality and reservation
2697  located in the jurisdiction to which the election relates;]
2698  [(b) may designate additional ballot drop boxes for the election officer's jurisdiction;]
2699  [(c) shall clearly mark each ballot drop box as an official ballot drop box for the election
2700  officer's jurisdiction;]
2701  [(d) shall provide 24-hour recorded video surveillance, without audio, of each
2702  unattended ballot drop box;]
2703  [(e) shall post a sign on or near each unattended ballot drop box indicating that the ballot
2704  drop box is under 24-hour video surveillance; and]
2705  [(f) shall ensure that a camera, a video, or a recording of a video described in Subsection
2706  (1)(d) may only be accessed by:]
2707  [(i) the election officer;]
2708  [(ii) a custodian of the camera, video, or recording;]
2709  [(iii) the lieutenant governor;]
2710  [(iv) the legislative auditor general, when performing an audit;]
2711  [(v) a court of competent jurisdiction, by or pursuant to an order of the court;]
2712  [(vi) a registered voter who claims to have cast a ballot at an unattended ballot drop
2713  box, if the election officer informs the voter that the election officer never
2714  received the voter's ballot; or]
                                                  - 80 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2715  [(vii) subject to Subsection (2)(b), and except as provided in Subsection (2)(c):]
2716  [(A) a candidate for an office that appears on a ballot, or an individual
2717  representing the candidate's campaign;]
2718  [(B) for a federal, statewide, or multicounty race, the chair of the state political
2719  party whose member is a candidate described in Subsection (1)(f)(vii)(A);]
2720  [(C) for a race where the officeholder is selected by voters entirely within one
2721  county, the chair of the county political party whose member is a candidate
2722  described in Subsection (1)(f)(vii)(A); or]
2723  [(D) the designee of a political party chair described in Subsection (1)(f)(vii)(B) or
2724  (C).]
2725     [(2)(a) An individual may not view a video, or a recording of a video, described in
2726  Subsection (1)(d), unless the individual:]
2727  [(i) is an individual described in Subsection (1)(f); and]
2728  [(ii) views the video to the extent necessary to:]
2729  [(A) ensure compliance with Subsection (1)(d), (1)(f), or (3); or]
2730  [(B) investigate a concern relating to ballots or the ballot box.]
2731  [(b) If an individual described in Subsection (1)(f)(vii) seeks to view a video recording
2732  described in Subsection (1)(d), the election officer may require the individual to view
2733  the video recording at the election officer's office during regular business hours.]
2734  [(c) An individual described in Subsection (1)(f)(vii) may not view a video recording
2735  described in Subsection (1)(d) after the time period for contesting the election to
2736  which the video recording relates ends.]
2737     [(3) The election officer, or the custodian of the recording: ]
2738  [(a) shall keep a recording described in Subsection (1)(d) until at least the later of:]
2739  [(i) the last day of the calendar year in which the election was held; or]
2740  [(ii) if the election is contested, when the contest is resolved; and]
2741  [(b) may keep the video recording described in Subsection (1)(d) indefinitely.]
2742     (1) For a regular election, an election officer shall, in each county:
2743  (a) during the days and times described in Subsection (3)(a):
2744  (i) if less than 30,000 active registered voters reside in the county, operate within the
2745  county at least one ballot drop box; or
2746  (ii) if at least 30,000 active registered voters reside in the county, operate within the
2747  county at least two ballot drop boxes, plus one additional ballot drop box for each
2748  30,000 active registered voters above 30,000 active registered voters who reside in
                                                  - 81 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2749  the county;
2750  (b) during the days and times described in Subsection (3)(b):
2751  (i) if less than 10,000 active registered voters reside in the county, operate within the
2752  county at least one ballot drop box; or
2753  (ii) if at least 10,000 active registered voters reside in the county, operate within the
2754  county at least two ballot drop boxes, plus one additional ballot drop box for each
2755  10,000 active registered voters above 10,000 active registered voters who reside in
2756  the county;
2757  (c) during the days and times described in Subsections (3)(a) and (b), in addition to the
2758  ballot drop boxes required under Subsections (1)(a) and (b), operate at least one
2759  ballot drop box in each reservation that is, in whole or in part, within the county; and
2760  (d) if two or more ballot drop boxes are operating in a county, disburse the ballot drop
2761  boxes in different locations throughout the county.
2762     (2) For a municipal election, an election officer shall, in each municipality:
2763  (a) during the days and times described in Subsection (3)(a):
2764  (i) if less than 30,000 active registered voters reside in the municipality, operate
2765  within the municipality at least one ballot drop box; or
2766  (ii) if at least 30,000 active registered voters reside in the municipality, operate within
2767  the municipality at least two ballot drop boxes, plus one additional ballot drop box
2768  for each 30,000 active registered voters above 30,000 active registered voters who
2769  reside in the municipality;
2770  (b) during the days and times described in Subsection (3)(b):
2771  (i) if less than 10,000 active registered voters reside in the municipality, operate
2772  within the municipality at least one ballot drop box; or
2773  (ii) if at least 10,000 active registered voters reside in the municipality, operate within
2774  the municipality at least two ballot drop boxes, plus one additional ballot drop box
2775  for each 10,000 active registered voters above 10,000 active registered voters who
2776  reside in the municipality; and
2777  (c) if two or more ballot drop boxes are operating in a municipality, disburse the ballot
2778  drop boxes in different locations throughout the municipality.
2779     (3) An election officer shall:
2780  (a) operate all ballot drop boxes described in Subsection (1)(a), (1)(c), or (2)(a) during at
2781  least the following hours, on at least the following days:
2782  (i) on the Monday that is eight calendar days before the day of the election, beginning
                                                 - 82 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2783  at noon and ending at 8 p.m.;
2784  (ii) on the Tuesday that is seven calendar days before the day of the election,
2785  beginning at 7 a.m. and ending at 3 p.m.;
2786  (iii) on the Wednesday before the day of the election, beginning at noon and ending
2787  at 8 p.m.;
2788  (iv) on the Thursday before the day of the election, beginning at 7 a.m. and ending at
2789  3 p.m.;
2790  (v) on the Friday before the day of the election, beginning at noon and ending at 8
2791  p.m.; and
2792  (vi) on the Saturday before the day of the election, beginning at 7 a.m. and ending at
2793  8 p.m.;
2794        (b) operate all ballot drop boxes described in Subsection (1)(b), (1)(c), or (2)(b) on the
2795  day before the day of the election and on the day of the election, beginning at 7 a.m.
2796  and ending at 8 p.m;
2797        (c) operate ballot drop boxes, in addition to the ballot drop boxes required under
2798  Subsection (1) or (2), as needed to avoid long lines at a ballot drop box or at a polling
2799  place;
2800        (d) clearly mark a ballot drop box as an official ballot drop box for the election officer's
2801  jurisdiction;
2802        (e) secure the ballot drop box in a manner that a ballot cannot be placed in the ballot
2803  drop box while the ballot drop box is unattended;
2804        (f) operate the ballot drop box, in accordance with Section 20A-3a-203.5, with at least
2805  two poll workers present at all times;
2806        (g) ensure that, before poll workers leave the ballot drop box for the day, the poll
2807  workers:
2808  (i) remove all ballots from the ballot drop box for delivery to the election officer;
2809  (ii) verify that the ballot drop box is empty; and
2810  (iii) secure the ballot drop box in a manner that a ballot cannot be placed in the ballot
2811  drop box until the ballot drop box again opens for operation; and
2812        (h) ensure that each day, before the ballot drop box opens for operation, the poll workers:
2813  (i) inspect the ballot drop box to verify that the ballot drop box is empty; and
2814  (ii) if any ballots or other items are discovered in the ballot drop box, empty the
2815  ballot drop box and secure any ballots found in the ballot drop box in a separate
2816  container for delivery to the election officer.
                                                 - 83 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2817     (4)(a) An individual may not return a remote ballot to a ballot drop box, unless at least
2818  two poll workers are present to accept the remote ballot in accordance with Section
2819  20A-3a-203.5.
2820  (b) Only a poll worker may deposit a remote ballot into a ballot drop box, and only after
2821  a voter submits the remote ballot, sealed in a return envelope, to the poll worker at
2822  the ballot drop box in accordance with the requirements of Section 20A-3a-203.5.
2823     [(4)] (5) Except as provided in Subsection (6), Subsection (8), or Section 20A-1-308[ or
2824  Subsection (7), the] , an election officer shall, at least 28 calendar days before the date of
2825  the election, provide notice of the location of each ballot drop box [designated under
2826  Subsection (1),] that the election officer will operate for the election, and the dates and
2827  hours that poll workers will be present to accept remote ballots, by publishing notice for
2828  the jurisdiction holding the election, as a class A notice under Section 63G-30-102, for
2829  at least 28 calendar days before the day of the election.
2830     [(5)] (6) Instead of including the location and the dates and hours of operation of ballot drop
2831  boxes, a notice required under Subsection [(4)] (5) may specify the following sources
2832  where a voter may view or obtain a copy of all ballot drop box locations and the dates
2833  and hours of operation:
2834  (a) the jurisdiction's website;
2835  (b) the physical address of the jurisdiction's offices; and
2836  (c) a mailing address and telephone number.
2837     [(6)] (7) The election officer shall include in the notice described in Subsection [(4)] (5):
2838  (a) the address of the Statewide Electronic Voter Information Website and, if available,
2839  the address of the election officer's website, with a statement indicating that the
2840  election officer will post on the website the location and the dates and hours of
2841  operation of each ballot drop box, including any changes to the location of a ballot
2842  drop box and the location of additional ballot drop boxes; and
2843  (b) a phone number that a voter may call to obtain information regarding the location
2844  and the dates and hours of operation of a ballot drop box.
2845     [(7)] (8)(a) Except as provided in Section 20A-1-308, the election officer may, after the
2846  deadline described in Subsection [(4)] (5):
2847  (i) if necessary, change the location of a ballot drop box; or
2848  (ii) if the election officer determines that the number of ballot drop boxes is
2849  insufficient due to the number of registered voters who are voting, designate
2850  additional ballot drop boxes.
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2851  (b) Except as provided in Section 20A-1-308, if an election officer [changes the location
2852  of a ballot box or designates an additional ballot drop box location] takes an action
2853  described in Subsection (8)(a), the election officer shall, as soon as is reasonably
2854  possible, give notice of the [changed ballot drop box location or the additional ballot
2855  drop box location] action:
2856  (i) to the lieutenant governor, for posting on the Statewide Voter Information
2857  Website;
2858  (ii) by posting the information on the website of the election officer, if available; and
2859  (iii) by posting notice:
2860  (A) for a change in the location of a ballot drop box, at the new location and, if
2861  possible, the old location; and
2862  (B) for an additional ballot drop box location, at the additional ballot drop box
2863  location.
2864     [(8)] (9) An election officer may, at any time, authorize two or more poll workers to remove
2865  a ballot drop box from a location, or to remove ballots from a ballot drop box for
2866  processing.
2867     [(9)] (10)(a) At least two poll workers must be present when a poll worker collects
2868  ballots from a ballot drop box and delivers the ballots to the location where the
2869  ballots will be opened and counted.
2870  (b) An election officer shall ensure that the chain of custody of ballots placed in a ballot
2871  box are recorded and tracked from the time the ballots are removed from the ballot
2872  box until the ballots are delivered to the location where the ballots will be opened and
2873  counted.
2874  (c) An election officer shall ensure that a voter who is, at the scheduled closing time for
2875  the day, in line at a ballot drop box that is attended by poll workers, with a sealed
2876  return envelope containing a remote ballot in the voter's possession, permitted to
2877  deliver the return envelope to a poll worker for placement in the ballot drop box after
2878  the voter complies with Section 20A-3a-203.5.
2879     (11) In addition to the days and times required under Subsection (1) or (2), an election
2880  officer may, in accordance with the requirements described in this section for operating
2881  a ballot drop box, operate a ballot drop box:
2882  (a) at any time, and on any day, beginning on the Saturday that is 10 calendar days
2883  before the day of the election, through the end of the day before the day of the
2884  election; or
                                                  - 85 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2885  (b) before 8 a.m. on the day of the election.
2886  Section 28. Section 20A-5-407 is amended to read:
2887  20A-5-407 (Effective 01/01/27). Election officer to provide ballot boxes.
2888     (1) Except as provided in Subsection (3), an election officer shall, at a polling place:
2889  (a) provide one ballot box with a lock and key for each polling place; and
2890  (b) deliver the ballot boxes, locks, and keys to the polling place before the polls open.
2891     (2) An election officer for a municipality or special district may obtain ballot boxes from
2892  the county clerk's office.
2893     (3) If locks and keys are unavailable, the election officer shall ensure that the ballot box lid
2894  is secured by tape.
2895  Section 29. Section 20A-6-105 is amended to read:
2896  20A-6-105 (Effective 01/01/27). Provisional ballot envelopes.
2897     (1) Each election officer shall ensure that provisional ballot envelopes are printed in
2898  substantially the following form:
2899     (a) the envelope shall include the following statement:
2900  "AFFIRMATION
2901  Are you a citizen of the United States of America? Yes No
2902  Will you be 18 years old on or before election day? Yes No
2903  If you checked "no" in response to either of the two above questions, do not complete
2904  this form.
2905  Name of Voter _________________________________________________________
2906  First  Middle  Last
2907  Driver License or Identification Card Number _________________________________
2908  State of Issuance of Driver License or Identification Card Number _________________
2909  Date of Birth ___________________________________________________________
2910  Street Address of Principal Place of Residence
2911  ______________________________________________________________________
2912  City  County  State        Zip Code
2913  Telephone Number (optional) ______________________________________________
2914  Email Address (optional)__________________________________________________
2915  Last four digits of Social Security Number ____________________________
2916  Last former address at which I was registered to vote (if known)
2917  ______________________________________________________________________
2918  City  County  State        Zip Code
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2919  Voting Precinct (if known) _________________________________________________
2920  I, (please print your full name)__________________________do solemnly swear or
2921        affirm:
2922  That I am eligible to vote in this election; that I have not voted in this election in any
2923        other precinct; that I am eligible to vote in this precinct; and that I request that I be permitted
2924        to vote in this precinct; and
2925  Subject to penalty of law for false statements, that the information contained in this form
2926        is true, and that I am a citizen of the United States and a resident of Utah, residing at the above
2927        address; and that I am at least 18 years old and have resided in Utah for the 30 calendar days
2928        immediately before this election.
2929  Signed
2930        ______________________________________________________________________
2931  Dated
2932        ______________________________________________________________________
2933  In accordance with Section 20A-3a-506, wilfully providing false information above is a
2934        class B misdemeanor under Utah law and is punishable by imprisonment and by fine.
2935  PRIVACY INFORMATION
2936  Voter registration records contain some information that is available to the public, such
2937        as your name and address, some information that is available only to government entities, and
2938        some information that is available only to certain third parties in accordance with the
2939        requirements of law.
2940  Your driver license number, identification card number, social security number, email
2941        address, full date of birth, and phone number are available only to government entities. Your
2942        year of birth is available to political parties, candidates for public office, certain third parties,
2943        and their contractors, employees, and volunteers, in accordance with the requirements of law.
2944  You may request that all information on your voter registration records be withheld from
2945        all persons other than government entities, political parties, candidates for public office, and
2946        their contractors, employees, and volunteers, by indicating here:
2947  _____ Yes, I request that all information on my voter registration records be withheld
2948        from all persons other than government entities, political parties, candidates for public office,
2949        and their contractors, employees, and volunteers.
2950  REQUEST FOR ADDITIONAL PRIVACY PROTECTION
2951  In addition to the protections provided above, you may request that identifying
2952        information on your voter registration records be withheld from all political parties, candidates
                                                  - 87 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
2953  for public office, and their contractors, employees, and volunteers, by submitting a
2954  withholding request form, and any required verification, as described in the following
2955  paragraphs.
2956  A person may request that identifying information on the person's voter registration
2957  records be withheld from all political parties, candidates for public office, and their
2958  contractors, employees, and volunteers, by submitting a withholding request form with this
2959  registration record, or to the lieutenant governor or a county clerk, if the person is or is likely
2960  to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating
2961  violence.
2962  A person may request that identifying information on the person's voter registration
2963  records be withheld from all political parties, candidates for public office, and their
2964  contractors, employees, and volunteers, by submitting a withholding request form and any
2965  required verification with this registration form, or to the lieutenant governor or a county clerk,
2966  if the person is, or resides with a person who is, a law enforcement officer, a member of the
2967  armed forces, a public figure, or protected by a protective order or a protection order.
2968  CITIZENSHIP AFFIDAVIT
2969  Name:
2970  Name at birth, if different:
2971  Place of birth:
2972  Date of birth:
2973  Date and place of naturalization (if applicable):
2974  I hereby swear and affirm, under penalties for voting fraud set forth below, that I am a
2975  citizen and that to the best of my knowledge and belief the information above is true and
2976  correct.
2977  ____________________________
2978  Signature of Applicant
2979  In accordance with Section 20A-2-401, the penalty for willfully causing, procuring, or
2980  allowing yourself to be registered to vote if you know you are not entitled to register to vote is
2981  up to one year in jail and a fine of up to $2,500.";
2982     (b) the following statement shall appear after the statement described in Subsection (1)(a):
2983  "BALLOT NOTIFICATIONS
2984  Do you consent to receive communications about the status of your ballot and other official
2985  communications, by text, at the phone number you provided above?  Yes       No
2986  "; and
                                                  - 88 -
 02-27 15:04  3rd Sub. (Cherry) H.B. 479
2987     (c) [no later than November 5, 2025, ]after the statement described in Subsection (1)(b), the
2988  following:
2989  "How would you like to receive your ballot and vote in upcoming elections?
2990  ["Indicate below how you want to vote in upcoming elections:
2991  _____ Mail a ballot to me.]
2992  _____ Do not mail a ballot to me. I will obtain a ballot at a polling place and vote in person.
2993  _____ Mail a ballot to me. After receiving a ballot by mail (choose one):
2994  _____ I will return the ballot to a polling place or a ballot drop box.
2995  _____ I will return the ballot by mail (Warning: If you return a ballot by mail, there
2996  is a risk that the ballot may arrive too late to be counted)."
2997     (2) The provisional ballot envelope shall include:
2998  (a) a unique number;
2999  (b) a detachable part that includes the unique number;
3000  (c) a telephone number, internet address, or other indicator of a means, in accordance
3001  with Section 20A-6-105.5, where the voter can find out if the provisional ballot was
3002  counted; and
3003  (d) an insert containing written instructions on how a voter may sign up to receive ballot
3004  status notifications via the ballot tracking system described in Section 20A-3a-401.5.
3005  Section 30. Section 20A-11-1002 is amended to read:
3006  20A-11-1002 (Effective 01/01/27). Retention and public inspection of financial
3007     statements -- Written complaint if statement is false or unlawful -- Redaction of certain
3008     information -- Penalties for unlawful disclosure.
3009     (1) The chief election officer shall:
3010  (a) make each financial statement required by this chapter or Chapter 12, Part 2, Judicial
3011  Retention Elections:
3012  (i) open to public inspection in the office of the chief election officer; and
3013  (ii) available for viewing on the [Internet] internet in accordance with Section
3014  20A-11-103;
3015  (b) preserve those statements for at least five years; and
3016  (c) provide certified copies of the financial statements in the same manner as for other
3017  public records.
3018     (2) Any candidate or voter may file a written complaint with the chief election officer
3019  alleging that a filed financial statement does not conform to law or to the truth.
3020     (3)(a) As used in this Subsection (3), "required report" means a report, a financial
                                                  - 89 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
3021  statement, or any other type of statement or disclosure that a person is required to
3022  make under this chapter or Chapter 12, Part 2, Judicial Retention Elections.
3023  (b) Before posting or otherwise publicly disclosing a required report, the lieutenant
3024  governor shall redact from the report the following information relating to each
3025  individual referenced in the report:
3026  (i) the phone number of the individual; and
3027  (ii) the street number and street name in the address of the individual.
3028  (c) The information required to be redacted under Subsection (3)(b) is not a record under
3029  Title 63G, Chapter 2, Government Records Access and Management Act.
3030  (d) It is unlawful to publicly disclose the information required to be redacted under
3031  Subsection (3)(b).
3032  (e) A government officer or employee who knowingly violates Subsection (3)(d) is
3033  guilty of a class B misdemeanor.
3034  Section 31. Section 36-12-15.2 is amended to read:
3035  36-12-15.2 (Effective 01/01/27). Elections audit.
3036     (1) As used in this section, "office" means the Office of the Legislative Auditor General.
3037     (2) In addition to other audits performed by the office, the office shall, [each
3038  even-numbered year, ]in accordance with this section and under the direction of the
3039  Legislative Audit Subcommittee, conduct a comprehensive performance audit of the
3040  state's election system and controls[.] :
3041  (a) each even-numbered year; and
3042  (b) at any other time, as directed by the Legislative Audit Subcommittee.
3043     (3) The audit may include the entire election process for the elections held in an
3044  even-numbered year, including:
3045  (a) procedures and practices that occur before or after the beginning of the year to
3046  prepare for the elections; and
3047  (b) procedures, practices, and standards relating to:
3048  (i) voter registration;
3049  (ii) candidate filing and selection;
3050  (iii) the preparation, printing, distribution, handling, examining, counting, and all
3051  other handling of ballots; and
3052  (iv) the entire election process, including the regular primary election, the regular
3053  general election, and the determination of election results.
3054     (4) The audit extends to the functions of all persons involved in the election process,
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 02-27 15:04  3rd Sub. (Cherry) H.B. 479
3055  including the Office of the Lieutenant Governor, each county clerk's office, and each
3056  board of canvassers.
3057     (5) At a minimum, the office shall conduct a survey to audit the work of the Office of the
3058  Lieutenant Governor and each county election office.
3059     (6) Based on the results of the survey described in Subsection (5), the office shall conduct a
3060  more comprehensive audit of the jurisdictions or practices that, in the opinion of the
3061  office, present the highest risk.
3062     (7) In addition to auditing the jurisdictions and practices described in Subsection (6), the
3063  office may audit any other jurisdictions or entities, or any practices or procedures, that
3064  the office determines necessary to ensure the success of a comprehensive performance
3065  audit of the election system.
3066     (8) To conduct an audit described in this section, the office has the full authority described
3067  in Section 36-12-15, including:
3068  (a) full access to closely observe, examine, and copy all records, documents, recordings,
3069  and other information the office determines to be useful in conducting an audit
3070  described in this section;
3071  (b) full access to closely observe, examine, and copy ballots, ballot envelopes, vote
3072  tallies, canvassing records, and voter registration records;
3073  (c) full access to closely observe and examine all facilities, storage areas, and
3074  equipment, and to closely observe, examine, or copy all materials, that the office
3075  determines to be useful in conducting an audit described in this section;
3076  (d) full access to all staff, including full-time, part-time, and volunteer staff;
3077  (e) full access to closely observe, examine, and copy all records and information relating
3078  to election audits that are conducted by the Office of the Lieutenant Governor, a
3079  county clerk, or any other person;
3080  (f) the right to, within the scope of the audit, attend any meeting, including a closed
3081  meeting;
3082  (g) the right to, within the scope of the audit, closely observe and examine any work or
3083  other process; and
3084  (h) all other authority described in Section 36-12-15.
3085     (9) As with any audit conducted under the authority described in Section 36-12-15, all
3086  officials and staff shall fully assist, and cooperate with, the office in conducting an audit
3087  described in this section.
3088     (10) In conducting an audit described in this section, the office:
                                                  - 91 -
 3rd Sub. (Cherry) H.B. 479  02-27 15:04
3089  (a) shall preserve the right of a voter to a secret ballot;
3090  (b) shall, when examining election returns, allow the election officer or a designee of the
3091  election officer to be present to ensure the chain of custody of the election returns;
3092  and
3093  (c) may not, while votes are being counted, communicate in any manner, directly or
3094  indirectly, by word or sign, the progress of the vote, the current result of the vote
3095  count, or any other information about the vote count.
3096     (11) An election officer, or an election officer's designee, who is present under Subsection
3097  (10)(b) may not interfere with the performance of the audit.
3098  Section 32. Effective Date.
3099     (1) Except as provided in Subsection (2), this bill takes effect January 1, 2027.
3100     (2) The actions affecting the following sections take effect on May 6, 2026:
3101  (a) Section 20A-2-104 (Effective 05/06/26);
3102  (b) Section 20A-2-108 (Effective 05/06/26);
3103  (c) Section 20A-2-206 (Effective 05/06/26);
3104  (d) Section 20A-2-505 (Effective 05/06/26);
3105  (e) Section 20A-3a-202.5 (Effective 05/06/26); and
3106  (f) Section 20A-3a-301 (Effective 05/06/26).
                                                  - 92 -