HB 209: Voting Amendments - Utah

Substitute #2 → Substitute #3 · 8 edits

MODERATE

This bill update expands the scope of voting reforms to include new deadlines for curing rejected ballots, clarifies the timeline for independent citizenship investigations, and adds a new section on polling place voting procedures. It also modifies public records laws to ensure voter privacy protections are maintained when sharing registration data with political parties.

Scope change

The bill's scope was expanded to include polling place voting procedures and revised deadlines for ballot curing and citizenship verification, while also updating public records statutes to align with new voter privacy requirements.

REQUIREMENT

Added a new section (20A-3a-203) detailing specific procedures for voters presenting identification and casting ballots at polling places, including rules for provisional ballots when identification is insufficient.

Modified Section 20A-3a-401 to include a specific deadline (noon on the last business day before the canvass) for election officers to count ballots after voters cure rejections via affidavit.

Modified Section 20A-4-107 to clarify that provisional ballots may be counted if the voter registers late due to filing by another person, provided the registration is received before 5 p.m. one day before the election.

TIMELINE

Modified the deadline for election officers to count provisional ballots cast by individuals disputing citizenship determinations, changing the deadline from the close of normal office hours on Monday after the election to noon on the last business day before the canvass.

Added a new deadline of July 1, 2026, for the lieutenant governor to conduct the initial review of voter registration records to identify non-citizens.

SCOPE

Added Section 20A-3a-203 to explicitly govern voting at polling places, addressing identification requirements and the handling of voters not found on the official register.

DEFINITION

Modified the definition of 'voter registration record' in public records statutes (63G-2-302) to explicitly include records indicating whether a voter is restricted to voting only in federal races.

TECHNICAL

Modified Section 20A-2-104 regarding voter registration forms to update references to privacy withholding request forms to align with new subsection numbering.

Substitute #1 → Substitute #2 · 8 edits

MODERATE

This bill significantly strengthens voter privacy protections by creating a new 'protected individual' category for victims of domestic violence, law enforcement officers, and public figures, allowing them to withhold their voter registration data from political parties. It also introduces a new 'Hash Code' system to obscure voter addresses and birth years from political parties while still allowing them to verify voter identity. The bill expands the list of private records under state law and adds new requirements for electronic registration and ballot mailing processes.

Scope change

The bill expands the scope of voter privacy protections to include specific groups of individuals (domestic violence victims, law enforcement, etc.) and modifies how voter data is shared with political parties and candidates.

DEFINITION

Added a new definition for 'protected individual' to include victims of domestic violence, law enforcement officers, military members, public figures, and those with pre-existing private records.

REQUIREMENT

Added a requirement for a 'Hash Code' system to generate a unique code for voter records, obscuring specific data from political parties while allowing identity verification.

Added new requirements for the Driver License Division to include specific privacy statements and ballot notification options on driver license application forms.

Added new requirements for provisional ballot envelopes to include specific privacy information and citizenship affirmations.

ELIGIBILITY

Modified the rules for disclosing voter birth years and addresses to political parties, restricting access for protected individuals and requiring stricter verification processes.

TIMELINE

Set a deadline of July 1, 2025, for the implementation of mail-in ballot opt-out options and electronic registration features.

Extended the deadline for independent investigation of citizenship and removal of non-citizens from voter rolls to July 1, 2026.

ENFORCEMENT

Established new civil fines for violations of the privacy provisions, calculated based on the number of records unlawfully accessed or used.

Amended 3/4/2026 10:03:794 → Substitute #1 · 6 edits

MODERATE

This bill introduces a new 'bifurcated ballot' system effective November 1, 2026, where voters who do not provide documentary proof of U.S. citizenship are restricted to voting only in federal races. It mandates that election officers independently investigate voter registration records to identify potential non-citizens and allows for the removal of those who cannot refute the findings. The bill also updates voter registration forms to ask about citizenship and ballot delivery preferences, and modifies privacy rules to keep certain citizenship and voting restriction data private.

Scope change

The bill expands the scope of voter eligibility verification by requiring election officers to actively investigate citizenship status for all registered voters, a shift from passive registration checks to active investigation.

ELIGIBILITY

Establishes a 'bifurcated ballot' system where voters without documentary proof of U.S. citizenship may only vote in federal races starting November 1, 2026.

ENFORCEMENT

Requires election officers to independently investigate voter registration records to determine if a voter is not a U.S. citizen and provides a process to challenge and remove such determinations.

REQUIREMENT

Updates voter registration forms and driver's license applications to include questions about citizenship and ballot delivery preferences (mail vs. in-person).

DEFINITION

Adds new definitions for 'Documentary proof of United States citizenship' and 'Federal ballot' to support the new voting restrictions.

PRIVACY

Modifies public record laws to classify specific voter registration data, such as citizenship proof status and federal-only voting restrictions, as private records.

TIMELINE

Sets the effective date for the new ballot system at November 1, 2026, and establishes a deadline for election officers to begin independent reviews by July 1, 2026.

Amended 2/12/2026 11:02:661 → Amended 3/4/2026 10:03:794 · 4 edits

MODERATE

This amendment updates Utah's provisional ballot rules to clarify when voters are legally entitled to vote despite ID issues, expands the conditions under which late-registered voters can have their ballots counted, and adds a new option on provisional ballot envelopes for voters to opt out of receiving mail-in ballots in future elections.

Scope change

The scope of eligibility for provisional ballots was expanded to include specific scenarios where a voter lacks valid ID but has their identity verified by a county clerk, and the scope of ballot tracking was expanded to include an opt-out mechanism for future mail-in ballots.

ELIGIBILITY

Clarified that a voter is legally entitled to vote if they fail to provide valid ID but the county clerk verifies their identity and residence through other means, and if they vote in their county of residence even if it differs from their precinct.

Added a new provision allowing provisional ballots to be counted if the voter registered less than 11 days before the election but provided the registration to someone else to file, provided the registration is received before 5 p.m. the day before the election.

REQUIREMENT

Added a new option on provisional ballot envelopes allowing voters to indicate they do not want to receive mail-in ballots in upcoming elections.

TECHNICAL

Corrected a reference in the public records section from Subsection 20A-2-104(7) to 20A-2-104(8) regarding withheld voter registration records.

Amended 1/22/2026 11:01:182 → Amended 2/12/2026 11:02:661 · 6 edits

MODERATE

This bill amends Utah election laws to implement a 'bifurcated ballot' system starting in November 2026, where voters who do not provide proof of U.S. citizenship are restricted to voting only in federal races. It also establishes a process for election officers to independently investigate voter citizenship and remove non-citizens from voter rolls if they fail to dispute the findings. Additionally, the bill modifies voter registration forms to explicitly ask about citizenship and ballot preferences, and tightens deadlines for curing rejected ballots.

Scope change

The bill expands the scope of election administration to include independent citizenship investigations by election officers and creates a new eligibility restriction for voters who cannot prove citizenship, limiting them to federal offices only.

ELIGIBILITY

Establishes a new 'bifurcated ballot' system where voters without documentary proof of U.S. citizenship may only vote in federal races, effective for elections on or after November 1, 2026.

REQUIREMENT

Requires election officers to conduct independent reviews of voter registration records to determine if a registered voter is not a U.S. citizen and to notify and potentially remove non-citizens from the rolls.

Modifies voter registration forms to include specific questions about citizenship status and ballot preferences (mail-in vs. in-person), and adds a citizenship affidavit section.

Tightens the deadline for curing rejected ballots or providing proof of citizenship for provisional ballots from 'noon on the last business day before the day on which the applicable canvass occurs' to 'noon on the last business day before the day of the applicable canvass' (clarifying the timing relative to the canvass day).

Updates the definition of 'valid voter identification' to include specific tribal identification cards and Bureau of Indian Affairs cards.

TIMELINE

Changes the deadline for disputing an election officer's determination of non-citizenship from a 'reasonable time-frame' to a specific 30-day period.

Amended Excerpts 3/4/2026 10:03:794 → Amended 1/22/2026 11:01:182 · 7 edits

MODERATE

This bill establishes a 'bifurcated ballot' system where voters who cannot provide documentary proof of U.S. citizenship are restricted to voting only in federal races starting November 1, 2026. It also creates a new process for election officers to independently investigate and remove non-citizen voters, while expanding privacy protections for voter registration records and introducing preregistration for 16- and 17-year-olds.

Scope change

The bill significantly alters the scope of voting eligibility by introducing a new requirement for documentary proof of citizenship for state and local elections, while federal ballots remain accessible to all registered voters regardless of proof.

ELIGIBILITY

Created a new 'bifurcated ballot' system where voters without documentary proof of U.S. citizenship may only vote in federal races for elections on or after November 1, 2026.

ENFORCEMENT

Authorized election officers to conduct independent reviews of voter registration records to identify and remove non-citizens who have not successfully disputed the determination.

REQUIREMENT

Added a new preregistration process allowing 16- and 17-year-olds to register to vote, with their records classified as private until they turn 18.

Mandated that voter registration forms and driver license applications now include specific questions and statements regarding U.S. citizenship and the bifurcated ballot system.

DEFINITION

Expanded the definition of 'valid voter identification' to include various forms of ID, though the primary change is the new requirement for documentary proof of citizenship for non-federal ballots.

PRIVACY

Enhanced privacy protections by allowing voters to request that all identifying information on their registration records be withheld from political parties and candidates, including using hash codes instead of full addresses for certain protected individuals.

TIMELINE

Set the effective date for the new citizenship proof requirements and federal-only ballot system to November 1, 2026, with some privacy and preregistration provisions taking effect earlier in 2026.

Amended Excerpts 2/12/2026 11:02:661 → Amended Excerpts 3/4/2026 10:03:794 · 3 edits

MINOR

The bill was amended to update the Senate amendment header from '2nd Reading' to 'Floor Amendments.' Additionally, the text was modified to insert new lines regarding voter registration records, specifically adding criteria for proof of citizenship and restrictions on federal ballots, while correcting a cross-reference to a different subsection of the election code.

Scope change

The scope of the bill's applicability to voter registration records was expanded to include specific requirements for proof of citizenship and federal ballot restrictions, and the legal citation for withheld records was updated.

REQUIREMENT

Added new lines to the voter registration record definition requiring proof of United States citizenship and indicating if a voter is restricted to voting a federal ballot.

Updated the legal citation for withheld voter registration records from Subsection 20A-2-104(7) to 20A-2-104(8).

TECHNICAL

Changed the Senate amendment header from '2nd Reading' to 'Floor Amendments' to reflect the legislative stage.

Amended Excerpts 1/22/2026 11:01:182 → Amended Excerpts 2/12/2026 11:02:661 · 5 edits

MODERATE

The bill version changed from House to Senate amendments, shifting the focus from specific voter ID data points to broader form requirements. The Senate version adds a mandatory statement warning voters about citizenship requirements and federal ballot restrictions, while also updating references to form placement and record classifications.

Scope change

The bill's scope shifted from specific data field definitions to comprehensive form content requirements and statement disclosures.

REQUIREMENT

Added a mandatory statement on the voter registration form warning that non-citizens can only vote in federal elections.

Added a requirement for the form to indicate whether the voter has provided proof of citizenship.

Changed the requirement for restricted federal ballots from a specific data field to a statement indicating the restriction.

Updated references to where the citizenship warning statement appears on the form.

Changed the classification of private voter records from a specific subsection to a different subsection of the law.

Enrolled → Amended Excerpts 1/22/2026 11:01:182 · 6 edits

MODERATE

This bill amends Utah's election laws to establish a 'bifurcated ballot' system effective November 1, 2026, where voters who do not provide documentary proof of U.S. citizenship are restricted to voting only in federal races. It creates a new process for election officers to independently investigate voter citizenship and remove non-citizens from voter rolls if they cannot refute the findings. The bill also modifies voter registration forms to explicitly ask about citizenship and ballot preferences, and updates privacy rules regarding voter data.

Scope change

The bill significantly narrows voting eligibility for a specific group of registered voters (those without proof of citizenship) starting in 2026, while expanding the authority of election officers to investigate citizenship status.

ELIGIBILITY

Establishes a 'bifurcated ballot' system where voters without documentary proof of U.S. citizenship may only vote in federal races, effective November 1, 2026.

ENFORCEMENT

Requires election officers to independently investigate voter registration records to determine if a voter is not a U.S. citizen and to remove them from the rolls if they fail to dispute the finding within 30 days.

REQUIREMENT

Updates voter registration forms and driver's license applications to include explicit questions about citizenship and ballot preferences (mail vs. in-person voting).

Modifies ballot envelopes to include warnings about providing identification numbers (driver's license or SSN) to ensure ballots are counted.

DEFINITION

Adds new definitions for 'Documentary proof of United States citizenship' and 'Federal ballot' to the statutory code.

TIMELINE

Sets specific implementation deadlines, including a July 1, 2026 start for independent citizenship investigations and a March 1, 2027 deadline for segregating restricted voter records.

Introduced → Enrolled · 5 edits · Mar 25, 2026

MODERATE

This bill establishes a new system where voters must provide documentary proof of U.S. citizenship to vote in state and local races, while allowing those without proof to vote only in federal races. It creates a process for election officers to independently investigate voter citizenship status and remove non-citizens from registration lists. The legislation also updates voter registration forms and ballots to reflect these new requirements and adds specific deadlines for implementing these changes.

Scope change

The bill significantly narrows the scope of voting eligibility for state and local elections by requiring proof of citizenship and introduces a bifurcated ballot system separating federal and non-federal races for voters who do not provide such proof.

ELIGIBILITY

Requires voters to provide documentary proof of U.S. citizenship (e.g., driver's license, birth certificate, passport) to vote in state and local elections; without proof, voters are limited to voting only in federal races.

ENFORCEMENT

Mandates that election officers conduct independent reviews of voter registration records to determine citizenship status and provides a process to challenge and remove non-citizens from the voter rolls.

REQUIREMENT

Updates voter registration forms, provisional ballot envelopes, and mail-in ballots to include questions about citizenship and options to limit voting to federal races if proof is not provided.

TIMELINE

Sets a phased implementation schedule, with the bifurcated ballot system taking effect for elections on or after November 1, 2026, and independent citizenship reviews beginning by July 1, 2026.

DEFINITION

Adds new definitions for 'Federal ballot' and 'Standard ballot' to distinguish between ballots containing only federal races and those containing all races.

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