Except as provided in Subsection (6), an individual who is not registered to vote may register to vote, and vote, on election day or during the early voting period described in Section 20A-3a-601, by voting a provisional ballot, if:
Terms Used In Utah Code 20A-2-207
Ballot: means the storage medium, including a paper, mechanical, or electronic storage medium, that records an individual voter's vote. See Utah Code 20A-1-102
Canvass: means the review of election returns and the official declaration of election results by the board of canvassers. See Utah Code 20A-1-102
Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
Election officer: means :
(a)
the lieutenant governor, for all statewide ballots and elections;
Polling place: means a building where voting is conducted. See Utah Code 20A-1-102
Provisional ballot: means a ballot voted provisionally by a person:
(a)
whose name is not listed on the official register at the polling place;
(b)
whose legal right to vote is challenged as provided in this title; or
(c)
whose identity was not sufficiently established by a poll worker. See Utah Code 20A-1-102
Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
Valid voter identification: means :
(a)
a form of identification that bears the name and photograph of the voter which may include:
(i)
a currently valid Utah driver license;
(ii)
a currently valid identification card that is issued by:
(A)
the state; or
(B)
a branch, department, or agency of the United States;
(iii)
a currently valid Utah permit to carry a concealed weapon;
(iv)
a currently valid United States passport; or
(v)
a currently valid United States military identification card;
(b)
one of the following identification cards, whether or not the card includes a photograph of the voter:
(i)
a valid tribal identification card;
(ii)
a Bureau of Indian Affairs card; or
(iii)
a tribal treaty card; or
(c)
two forms of identification not listed under Subsection (76)(a) or (b) but that bear the name of the voter and provide evidence that the voter resides in the voting precinct, which may include:
(i)
a current utility bill or a legible copy thereof, dated within the 90 days before the election;
(ii)
a bank or other financial account statement, or a legible copy thereof;
(iii)
a certified birth certificate;
(iv)
a valid social security card;
(v)
a check issued by the state or the federal government or a legible copy thereof;
(vi)
a paycheck from the voter's employer, or a legible copy thereof;
(vii)
a currently valid Utah hunting or fishing license;
(viii)
certified naturalization documentation;
(ix)
a currently valid license issued by an authorized agency of the United States;
(x)
a certified copy of court records showing the voter's adoption or name change;
(xi)
a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card;
(xii)
a currently valid identification card issued by:
(A)
a local government within the state;
(B)
an employer for an employee; or
(C)
a college, university, technical school, or professional school located within the state; or
the individual is otherwise legally entitled to vote the ballot;
(b)
the ballot is identical to the ballot for the precinct in which the individual resides;
(c)
the information on the provisional ballot form is complete; and
(d)
the individual provides valid voter identification and proof of residence to the poll worker.
(2)
If a provisional ballot and the individual who voted the ballot comply with the requirements described in Subsection (1), the election officer shall:
(a)
consider the provisional ballot a voter registration form;
(b)
place the ballot with the other ballots, to be counted with those ballots at the canvass; and
(c)
as soon as reasonably possible, register the individual to vote.
(3)
Except as provided in Subsection (4), the election officer shall retain a provisional ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer determines that the individual who voted the ballot:
(a)
is not registered to vote and is not eligible for registration under this section; or
(b)
is not legally entitled to vote the ballot that the individual voted.
(4)
Subsection (3) does not apply if a court orders the election officer to produce or count the provisional ballot.
(5)
The lieutenant governor shall report to the Government Operations Interim Committee on or before October 31, 2020, regarding:
(a)
implementation of registration by provisional ballot, as described in this section, on a statewide basis;
(b)
any difficulties resulting from the implementation described in Subsection (5)(a);
(c)
the effect of registration by provisional ballot on voter participation in Utah;
(d)
the number of ballots cast by voters who registered by provisional ballot:
(i)
during the early voting period described in Section 20A-3a-601; and
(ii)
on election day; and
(e)
suggested changes in the law relating to registration by provisional ballot.
(6)
For an election administered by an election officer other than a county clerk:
(a)
if the election officer does not operate a polling place to allow early voting, the individual may not register to vote, under this section, during an early voting period; and
(b)
if the election officer does not operate a polling place on election day, the individual may not register to vote, under this section, on election day.
