20A-2-205. Registration at voter registration agencies.
(1)
As used in this section:
Terms Used In Utah Code 20A-2-205
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
City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
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 official: means any election officer, election judge, or poll worker. 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
Registration form: means a form by which an individual may register to vote under this title. See Utah Code 20A-1-102
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
“Discretionary voter registration agency” means the same as that term is defined in Section 20A-2-300.5.
(b)
“Public assistance agency” means the same as that term is defined in Section 20A-2-300.5.
(2)
An individual may obtain and complete a registration form at a public assistance agency or discretionary voter registration agency.
(3)
Each public assistance agency and discretionary voter registration agency shall provide, either as part of existing forms or on a separate form, the following information in substantially the following form: “REGISTERING TO VOTE If you are not registered to vote where you live now, would you like to apply to register or preregister to vote here today? (The decision of whether to register or preregister to vote will not affect the amount of assistance that you will be provided by this agency.) Yes____ No____ IF YOU DO NOT CHECK EITHER BOX, YOU WILL BE CONSIDERED TO HAVE DECIDED NOT TO REGISTER OR PREREGISTER TO VOTE AT THIS TIME. If you would like help in filling out the voter registration form, we will help you. The decision about whether to seek or accept help is yours. You may fill out the application form in private. If you believe that someone has interfered with your right to register or preregister or to decline to register or preregister to vote, your right to privacy in deciding whether to register or preregister, or in applying to register or preregister to vote, or your right to choose your own political party or other political preference, you may file a complaint with the Office of the Lieutenant Governor, State Capitol Building, Salt Lake City, Utah 84114. (The phone number of the Office of the Lieutenant Governor).”
(4)
Unless an individual applying for service or assistance from a public assistance agency or discretionary voter registration agency declines, in writing, to register or preregister to vote, each public assistance agency and discretionary voter registration agency shall:
(a)
distribute a voter registration form with each application for service or assistance provided by the agency or office;
(b)
assist applicants in completing the voter registration form unless the applicant refuses assistance;
(c)
accept completed forms for transmittal to the appropriate election official; and
(d)
transmit a copy of each voter registration form to the appropriate election official within five days after the division receives the voter registration form.
(5)
An individual in a public assistance agency or a discretionary voter registration agency that helps an applicant complete the voter registration form may not:
(a)
seek to influence an applicant’s political preference or party registration;
(b)
display any political preference or party allegiance;
(c)
make any statement to an applicant or take any action that has the purpose or effect of discouraging the applicant from registering to vote; or
(d)
make any statement to an applicant or take any action that has the purpose or effect of leading the applicant to believe that a decision of whether to register or preregister has any bearing upon the availability of services or benefits.
(6)
If the county clerk receives a correctly completed voter registration form under this section no later than 5 p.m. 11 calendar days before the date of an election, the county clerk shall:
(a)
accept and process the voter registration form;
(b)
unless the individual named in the form is preregistering to vote:
(i)
enter the applicant’s name on the list of registered voters for the voting precinct in which the applicant resides; and
(ii)
notify the applicant that the applicant is registered to vote in the upcoming election; and
(c)
if the individual named in the form is preregistering to vote, comply with Section 20A-2-101.1
(7)
If the county clerk receives a correctly completed voter registration form after the deadline described in Subsection (6), the county clerk shall:
(a)
accept the application for registration of the individual; and
(b)
except as provided in Subsection 20A-2-207(6), if possible, promptly 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.
(8)
If the county clerk determines that a voter registration form received from a public assistance agency or discretionary voter registration agency is incorrect because of an error or because the voter registration form is incomplete, the county clerk shall mail notice to the individual attempting to register or preregister to vote, stating that the individual has not been registered or preregistered to vote because of an error or because the voter registration form is incomplete.
Amended by Chapter 31, 2020 General Session Amended by Chapter 95, 2020 General Session, (Coordination Clause)
