20A-2-204.  Registering to vote when applying for or renewing a driver license.

(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.

Terms Used In Utah Code 20A-2-204

  • 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
  • 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
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • qualified: means to take the oath of office and begin performing the duties of the position for which the individual was elected. 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
  • Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • Voter: means an individual who:
(a) meets the requirements for voting in an election;
(b) meets the requirements of election registration;
(c) is registered to vote; and
(d) is listed in the official register book. See Utah Code 20A-1-102
  • Voting precinct: means the smallest geographical voting unit, established under 3. See Utah Code 20A-1-102
    • (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.

    Amended by Chapter 237, 2023 General Session

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