SB 164: Modifications to Election Law - Utah

Substitute #3 → Enrolled · 6 edits · Mar 26, 2025

MODERATE

This bill modifies Utah's election laws to update definitions, clarify residency rules for incarcerated individuals, and streamline procedures for canceling uncontested local elections. It also introduces new privacy protections for voters and updates the computation of time for legal deadlines. These changes aim to modernize election administration, ensure fairer residency determinations, and protect sensitive voter information from misuse.

Scope change

The bill applies to all Utah elections, including municipal, county, and special district races, as well as voter registration processes statewide.

DEFINITION

Updated and reorganized definitions to clarify terms like 'active voter,' 'business day,' and 'valid voter identification,' ensuring consistent application of election rules.

ELIGIBILITY

Revised residency rules to explicitly state that an individual's principal place of residence does not change due to incarceration, and clarified that incarcerated individuals retain their pre-incarceration residency for voting purposes.

REQUIREMENT

Changed the notice period for canceling uncontested local elections from 15 consecutive calendar days to 15 calendar days, allowing flexibility if the deadline falls on a weekend or holiday.

PRIVACY

Introduced new privacy measures allowing voters to withhold specific identifying information (like driver license numbers and full birth dates) from political parties and candidates, with exceptions for domestic violence victims and law enforcement.

TIMELINE

Clarified how time periods are calculated in the Election Code, specifying that 'days' generally means calendar days unless business days are explicitly stated.

TECHNICAL

Made technical corrections to formatting and numbering within the definitions section and other statutory provisions to improve readability and consistency.

Introduced → Substitute #1 · 7 edits

MODERATE

The bill was expanded to include new definitions for signature packets, added rules for candidates to view and remove signatures from their own petitions, established a public tracking system for voters to see how their signatures were processed, and enhanced chain-of-custody and storage requirements for signature packets.

Scope change

The bill's scope was expanded to include new sections defining terms, allowing candidate access to unredacted signature packets, enabling voter tracking of signature status, and adding specific submission and storage requirements for signature packets.

DEFINITION

Added new definitions for 'Candidate nomination document' and 'Candidate signature packet' to clarify what materials are covered by the new rules.

REQUIREMENT

Granted candidates and their representatives the right to view complete, unredacted signature packets and written requests to remove signatures, subject to privacy limits.

Established a requirement for the Lieutenant Governor to provide a public website where voters can track the status and verification results of their signatures on candidate petitions.

Added specific requirements for submitting signature packets, including labeling, numerical organization, and providing a list of all collectors with contact information.

Enhanced chain-of-custody and storage rules to require detailed logs, separation of batches, video monitoring of processing, and secure storage for 22 months after election results are certified.

Updated the signature verification audit requirements to mandate recording the auditors' identities, audit results, and any remedial actions taken.

ENFORCEMENT

Added penalties for watchers who record or disclose personal identifying information from signature packets or written removal requests.

Substitute #2 → Substitute #3 · 9 edits

MAJOR

This bill modifies Utah's election laws to improve ballot handling, enhance transparency in candidate signature verification, and add new protections for poll watchers. Key changes include requiring county clerks to coordinate with post offices for better ballot delivery, allowing poll watchers to observe signature verification processes, establishing audit requirements for signature comparisons, and creating a system for voters to track their signature verification status. The bill also defines new terms related to candidate nomination documents and sets specific requirements for how signature packets must be submitted, stored, and maintained.

Scope change

The bill expands the scope of election oversight by adding new requirements for signature verification audits, poll watcher access to signature verification processes, and voter tracking of signature verification status. It also broadens the definition of who can access unredacted candidate nomination documents before election results are certified.

REQUIREMENT

Requires county clerks to coordinate with local post offices to ensure optimal handling and timely delivery of mail-in ballots

Allows poll watchers to observe the signature verification process for candidate petitions and written requests to remove signatures

Mandates election officers to conduct audits of signature comparisons and certify 110% of required signatures beyond the threshold

Creates a voter tracking system allowing voters to see if their signature on a candidate petition was verified or rejected

Establishes chain of custody and storage requirements for candidate signature packets

Limits access to complete, unredacted candidate nomination documents to candidates, campaign representatives, and election officials

Modified poll watcher rules to clarify their ability to observe signature verification and restrictions on what information they can disclose

Requires election officers to maintain detailed records of signature verification activities including worker names and rejection reasons

DEFINITION

Defines new terms including 'candidate nomination document' and 'candidate signature packet'

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill modifies Utah's election laws to improve ballot handling, signature verification transparency, and poll watcher rights. Key changes include requiring county clerks to coordinate with post offices for optimal ballot delivery, allowing poll watchers to observe signature verification processes, and establishing new requirements for candidate signature packet submission and storage.

Scope change

The bill expands poll watcher observation rights to include signature verification processes and adds new tracking capabilities for voters regarding their signature submissions on candidate petitions.

REQUIREMENT

County clerks must now coordinate with local post offices to ensure optimal handling and timely delivery of mail-in ballots

Poll watchers may now observe the signature verification process for candidate petitions and requests to remove signatures

Election officers must conduct audits of signature comparisons and certify 110% of required signatures beyond the threshold

New tracking system allows voters to see if their signature on a candidate petition was verified or rejected within one business day

Candidates and campaign representatives may view complete, unredacted signature packets before election results are certified

New chain of custody and storage requirements established for candidate signature packets

Signature verification process now includes specific audit requirements with 1% sampling rate and public reporting of results

DEFINITION

New definitions added for 'candidate nomination document' and 'candidate signature packet'

Modifications to Election Law

What changed between versions

How they voted

Actions timeline

Sponsors