Utah Code 20A-2-502. Statewide voter registration system — Maintenance and update of system — Record security — List of incarcerated felons — Public document showing compliance by county clerks

20A-2-502. Statewide voter registration system — Maintenance and update of system — Record security — List of incarcerated felons — Public document showing compliance by county clerks.

(1)

The lieutenant governor shall:

Terms Used In Utah Code 20A-2-502

Database: means the statewide voter registration database, described in Subsection 20A-2-502(1)(a) that:

(a)	is maintained and updated via the system; and

(b)

uses information relative to voter registration and voting, including information that is obtained from a voter, a governmental entity, as defined in Section 63G-2-103, or another state. See Utah Code 20A-2-501

Person: means :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

System: means the statewide voter registration system described in Subsection 20A-2-502(1)(a), including the database and all information within the system or database. See Utah Code 20A-2-501

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
(a)	develop, manage, and maintain a statewide voter registration system to be used by county clerks to maintain an updated statewide voter registration database in accordance with this section and rules made under Section 20A-2-507;

(b)

except as provided in Subsection (2)(c), regularly update the system with information relevant to voter registration, as follows:

(i)

on at least a weekly basis, information received from the Driver License Division in relation to:

(A)	voter registration;

(B)	a registered voter’s change of address; or

(C)	a registered voter’s change of name;

(ii)	on at least a weekly basis, the information described in Subsection 26-2-13(11) from the state registrar, regarding deceased individuals;

(iii)

on at least a monthly basis, the information described in Subsection (3), received from the Department of Corrections regarding incarcerated individuals;

(iv)	on at least a monthly basis, information received from other states, including information received under an agreement described in Subsection (2); and

(v)	within 31 days after receiving information relevant to voter registration, other than the information described in Subsections (1)(b)(i) through (v);

(c)	regularly monitor the system to ensure that each county clerk complies with the requirements of this part and rules made under Section 20A-2-507;

(d)	establish matching criteria and security measures for identifying a change described in Subsection (1)(b) to ensure the accuracy of a voter registration record; and

(e)

on at least a monthly basis:

(i)	use the matching criteria and security measures described in Subsection (1)(d) to compare information in the database to identify duplicate data, contradictory data, and changes in data;

(ii)	notify the applicable county clerk of the data identified; and

(iii)

notify the county clerk of the county in which a voter’s principal place of residence is located of a change in a registered voter’s principal place of residence or name.

(2)

(a)	Subject to Subsection (2)(b), the lieutenant governor may cooperate or enter into an agreement with a governmental entity or another state to share information and increase the accuracy of the database.

(b)

For a record shared under Subsection (2)(a), the lieutenant governor shall ensure:

(i)	that the record is only used to maintain the accuracy of the database;

(ii)	compliance with Section 63G-2-206; and

(iii)

that the record is secure from unauthorized use by employing data encryption or another similar technology security system.

(c)	The lieutenant governor is not required to comply with an updating requirement described in Subsection (1)(b) to the extent that the person responsible to provide the information to the lieutenant governor fails to provide the information.

(3)

(a)	The lieutenant governor shall maintain a current list of all incarcerated felons in Utah.

(b)

The Department of Corrections shall provide the lieutenant governor’s office with:

(i)

the name and last-known address of each individual who:

(A)	was convicted of a felony in a Utah state court; and

(B)	is currently incarcerated for commission of a felony; and

(ii)	the name of each convicted felon who has been released from incarceration.

(4)

The lieutenant governor shall maintain on the lieutenant governor’s website a document that:

(a)	describes the utilities and tools within the system that a county clerk is required to run;

(b)	describes the actions, if any, that a county clerk is required to take in relation to the results of running a utility or tool;

(c)	lists, by date, the recurring deadlines by which a county clerk must comply with Subsection (4)(a) or (b); and

(d)

indicates, by county:

(i)	whether the county clerk timely complies with each deadline described in Subsection (4)(c); and

(ii)	if the county clerk fails to timely comply with a deadline described in Subsection (4)(c), whether the county clerk subsequently complies with the deadline and the date on which the county clerk complies.

Renumbered and Amended by Chapter 297, 2023 General Session

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