(1)
As used in this section, "voter registration form" means, when an individual named on a qualifying form, as defined in Section
20A-2-108
, answers "yes" to the question described in Subsection
20A-2-108
(2)(a)
, the information on the qualifying form that can be used for voter registration purposes.
(2)
(a)
Except as provided in Subsection (2)(b), a citizen who is qualified to vote may register to vote, and a citizen who is qualified to preregister to vote may preregister to vote, by answering "yes" to the question described in Subsection
20A-2-108
(2)(a)
and completing the voter registration form.
(b)
A citizen who is a program participant in the Safe at Home Program created in Section
77-38-602
is not eligible to register to vote as described in Subsection (2)(a), but is eligible to register to vote by any other means described in this part.
(3)
The Driver License Division shall:
(a)
assist an individual in completing the voter registration form unless the individual refuses assistance;
(b)
electronically transmit each address change to the lieutenant governor within five days after the day on which the division receives the address change; and
(c)
within five days after the day on which the division receives a voter registration form, electronically transmit the form to the Office of the Lieutenant Governor, including the following for the individual named on the form:
(i)
the name, date of birth, driver license or state identification card number, last four digits of the social security number, Utah residential address, place of birth, and signature;
(ii)
a mailing address, if different from the individual's Utah residential address;
(iii)
an email address and phone number, if available;
(iv)
the desired political affiliation, if indicated;
(v)
an indication of whether the individual requested that the individual's voter registration record be classified as a private record under Subsection
20A-2-108
(2)(b)
; and
(vi)
a withholding request form described in Subsections
20A-2-104
(7) and (8)
and any verification submitted with the form.
(4)
Upon receipt of an individual's voter registration form from the Driver License Division under Subsection (3), the lieutenant governor shall:
(a)
enter the information into the statewide voter registration database; and
(b)
if the individual requests on the individual's voter registration form that the individual's voter registration record be classified as a private record or the individual submits a withholding request form described in Subsections
20A-2-104
(7) and (8)
and any required verification, classify the individual's voter registration record as a private record.
(5)
The county clerk of an individual whose information is entered into the statewide voter registration database under Subsection (4) shall:
(a)
ensure that the individual meets the qualifications to be registered or preregistered to vote; and
(b)
(i)
if the individual meets the qualifications to be registered to vote:
(A)
ensure that the individual is assigned to the proper voting precinct; and
(B)
send the individual the notice described in Section
20A-2-304
; or
(ii)
if the individual meets the qualifications to be preregistered to vote, process the form in accordance with the requirements of Section
20A-2-101.1
.
(6)
(a)
When the county clerk receives a correctly completed voter registration form under this section, the clerk shall:
(i)
comply with the applicable provisions of this Subsection (6); or
(ii)
if the individual is preregistering to vote, comply with Section
20A-2-101.1
.
(b)
If the county clerk receives a correctly completed voter registration form under this section no later than 5 p.m. or, if submitting the form electronically, midnight, 11 calendar days before the date of an election, the county clerk shall:
(i)
accept the voter registration form; and
(ii)
unless the individual is preregistering to vote:
(A)
enter the individual's name on the list of registered voters for the voting precinct in which the individual resides; and
(B)
notify the individual that the individual is registered to vote in the upcoming election; and
(iii)
if the individual named in the form is preregistering to vote, comply with Section
20A-2-101.1
.
(c)
If the county clerk receives a correctly completed voter registration form under this section after the deadline described in Subsection (6)(b), the county clerk shall, unless the individual named in the form is preregistering to vote:
(i)
accept the application for registration of the individual;
(ii)
process the voter registration form; and
(iii)
unless the individual is preregistering to vote, and except as provided in Subsection
20A-2-207
(6)
, inform the individual that the individual will not be registered to vote in the pending election, unless the individual registers to vote by provisional ballot during the early voting period, if applicable, or on election day, in accordance with Section 20A-2-207.
(7)
(a)
If the county clerk determines that an individual's voter registration form received from the Driver License Division is incorrect because of an error, because the form is incomplete, or because the individual does not meet the qualifications to be registered to vote, the county clerk shall mail notice to the individual stating that the individual has not been registered or preregistered because of an error, because the registration form is incomplete, or because the individual does not meet the qualifications to be registered to vote.
(b)
If a county clerk believes, based upon a review of a voter registration form, that an individual, who knows that the individual is not legally entitled to register or preregister to vote, may be intentionally seeking to register or preregister to vote, the county clerk shall refer the form to the county attorney for investigation and possible prosecution.
History
Amended by
Chapter
237
,
2023
General Session
,
§
1
, eff.
5/3/2023
.
Amended by
Chapter
215
,
2022
General Session
,
§
1
, eff.
1/1/2023
.
Amended by
Chapter
255
,
2020
General Session
,
§
4
, eff.
5/12/2020
.
Amended by
Chapter
95
,
2020
General Session
,
§
7
, eff.
5/12/2020
, coordinating clause.
Amended by
Chapter
31
,
2020
General Session
,
§
20
, eff.
5/12/2020
.
Amended by
Chapter
255
,
2019
General Session
,
§
39
, eff.
5/14/2019
.
Amended by
Chapter
136
,
2019
General Session
,
§
13
, eff.
5/14/2019
.
Amended by
Chapter
206
,
2018
General Session
,
§
6
, eff.
5/8/2018
.
Amended by
Chapter
130
,
2015
General Session
,
§
6
, eff.
5/12/2015
.
Amended by
Chapter
231
,
2014
General Session
,
§
6
,
§
12
, eff.
5/13/2014
.
Amended by
Chapter
264
,
2006
General Session
Amended by
Chapter
326
,
2006
General Session