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Utah Statutes § 20A-2-505 Removing names from the official register - Determining and confirming change of residence

Up to Part 5: [Voter Registration Database]

Statute Text

(1) A county clerk may not remove a voter's name from the official register on the grounds that the voter has changed residence unless the voter:
(a) confirms in writing that the voter has changed residence to a place outside the county; or
(b)
(i) does not vote in an election during the period beginning on the date of the notice described in Subsection (3), and ending on the day after the date of the second regular general election occurring after the date of the notice; and
(ii) does not respond to the notice described in Subsection (3).
(2)
(a) Within 31 days after the day on which a county clerk obtains information that a voter's address has changed, if it appears that the voter still resides within the same county, the county clerk shall:
(i) change the official register to show the voter's new address; and
(ii) send to the voter, by forwardable mail, the notice described in Subsection (3).
(b) When a county clerk obtains information that a voter's address has changed and it appears that the voter now resides in a different county, the county clerk shall verify the changed residence by sending to the voter, by forwardable mail, the notice described in Subsection (3), printed on a postage prepaid, preaddressed return form.
(3)
(a) Each county clerk shall use substantially the following form to notify voters whose addresses have changed:
"VOTER REGISTRATION NOTICE
We have been notified that your residence has changed. Please read, complete, and return this form so that we can update our voter registration records. What is your current street address?
___________________________________________________________________________
Street City County State Zip
What is your current phone number (optional)?________________________________
What is your current email address (optional)?_________________________________
If you have not changed your residence, or have moved but stayed within the same county, you must complete and return this form to the county clerk so that it is received by the county clerk before 5 p.m. no later than 30 days before the date of the election. If you fail to return this form within that time:
- you may be required to show evidence of your address to the poll worker before being allowed to vote in either of the next two regular general elections; or
- if you fail to vote at least once, from the date this notice was mailed until the passing of two regular general elections, you will no longer be registered to vote. If you have changed your residence and have moved to a different county in Utah, you may register to vote by contacting the county clerk in your county.
________________________________________
Signature of Voter
PRIVACY INFORMATION
Voter registration records contain some information that is available to the public, such as your name and address, some information that is available only to government entities, and some information that is available only to certain third parties in accordance with the requirements of law.
Your driver license number, identification card number, social security number, email address, full date of birth, and phone number are available only to government entities. Your year of birth is available to political parties, candidates for public office, certain third parties, and their contractors, employees, and volunteers, in accordance with the requirements of law.
You may request that all information on your voter registration records be withheld from all persons other than government entities, political parties, candidates for public office, and their contractors, employees, and volunteers, by indicating here:
_____ Yes, I request that all information on my voter registration records be withheld from all persons other than government entities, political parties, candidates for public office, and their contractors, employees, and volunteers.
REQUEST FOR ADDITIONAL PRIVACY PROTECTION
In addition to the protections provided above, you may request that identifying information on your voter registration records be withheld from all political parties, candidates for public office, and their contractors, employees, and volunteers, by submitting a withholding request form, and any required verification, as described in the following paragraphs.
A person may request that identifying information on the person's voter registration records be withheld from all political parties, candidates for public office, and their contractors, employees, and volunteers, by submitting a withholding request form with this registration record, or to the lieutenant governor or a county clerk, if the person is or is likely to be, or resides with a person who is or is likely to be, a victim of domestic violence or dating violence.
A person may request that identifying information on the person's voter registration records be withheld from all political parties, candidates for public office, and their contractors, employees, and volunteers, by submitting a withholding request form and any required verification with this registration form, or to the lieutenant governor or a county clerk, if the person is, or resides with a person who is, a law enforcement officer, a member of the armed forces, a public figure, or protected by a protective order or a protection order."
(b) The form described in Subsection (3)(a) shall also include a section in substantially the following form:
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BALLOT NOTIFICATIONS
If you have provided a phone number or email address, you can receive notifications by text message or email regarding the status of a ballot that is mailed to you or a ballot that you deposit in the mail or in a ballot drop box, by indicating here:
______ Yes, I would like to receive electronic notifications regarding the status of my ballot.
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(4)
(a) Except as provided in Subsection (4)(b), the county clerk may not remove the names of any voters from the official register during the 90 days before a regular primary election or the 90 days before a regular general election.
(b) The county clerk may remove the names of voters from the official register during the 90 days before a regular primary election or the 90 days before a regular general election if:
(i) the voter requests, in writing, that the voter's name be removed; or
(ii) the voter dies.
(c)
(i) After a county clerk mails a notice under this section, the county clerk shall, unless otherwise prohibited by law, list that voter as inactive.
(ii) If a county clerk receives a returned voter identification card, determines that there was no clerical error causing the card to be returned, and has no further information to contact the voter, the county clerk shall, unless otherwise prohibited by law, list that voter as inactive.
(iii) An inactive voter may vote, sign petitions, and have all other privileges of a registered voter.
(iv) A county is not required to:
(A) send routine mailings to an inactive voter; or
(B) count inactive voters when dividing precincts and preparing supplies.
(5) The lieutenant governor shall make available to a county clerk United States Social Security Administration data received by the lieutenant governor regarding deceased individuals.
(6) A county clerk shall, within ten business days after the day on which the county clerk receives the information described in Subsection (5) or Subsections 26B-8-114 (11) and (12) relating to a decedent whose name appears on the official register, remove the decedent's name from the official register.
(7) Ninety days before each primary and general election the lieutenant governor shall compare the information the lieutenant governor has received under Subsection 26B-8-114 (11) with the official register of voters to ensure that all deceased voters have been removed from the official register.

History

Renumbered from § 20A-2-306 and amended by Chapter 297 , 2023 General Session , § 12 , eff. 5/3/2023 .

Amended by Chapter 121 , 2022 General Session , § 2 , eff. 5/4/2022 .

Amended by Chapter 100 , 2021 General Session , § 4 , eff. 5/5/2021 .

Amended by Chapter 11 , 2021 General Session , § 1 , eff. 5/5/2021 .

Amended by Chapter 255 , 2020 General Session , § 5 , eff. 5/12/2020 .

Amended by Chapter 255 , 2019 General Session , § 42 , eff. 5/14/2019 .

Amended by Chapter 270 , 2018 General Session , § 3 , eff. 5/8/2018 .

Amended by Chapter 206 , 2018 General Session , § 11 , eff. 5/8/2018 .

Amended by Chapter 52 , 2017 General Session , § 3 , eff. 5/9/2017 .

Amended by Chapter 373 , 2014 General Session , § 3 , eff. 5/13/2014 .

Amended by Chapter 297 , 2011 , 2011 General Session