Search terms: COUNTY SHERIFF |
IN THE SENATE
SENATE BILL NO. 1375
BY STATE AFFAIRS COMMITTEE
1
AN ACT
2
3
TO REVISE PROVISIONS REGARDING ELECTION DAY REGISTRATION; AMENDING
4
5
6
VISIONS REGARDING VOTER REGISTRATION BY MAIL; AMENDING SECTION 34-411,
7
8
9
10
REVISE PROVISIONS REGARDING THE ISSUANCE OF AN ABSENTEE BALLOT; AMEND-
11
12
ENVELOPES, TO REMOVE A PROVISION REGARDING PERFORATED BALLOTS, AND TO
13
14
REVISE PROVISIONS REGARDING THE RETURN OF AN ABSENTEE BALLOT; AMEND-
15
16
17
REVISE PROVISIONS REGARDING VOTERS WITHOUT PHOTO IDENTIFICATION; AND
18
DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE.
20
21
amended to read as follows:
22
34-408A. ELECTION DAY REGISTRATION. (1) An individual who is eligible
23
to vote may register on election day by appearing in person at the polling
24
place for the precinct in which the individual maintains residence, by com-
25
pleting a registration application, making an oath in the form prescribed
26
by the secretary of state, and providing proof of identity, residence, and
27
28
ship for purposes of registering by:
29
30
sued through the department of transportation; or
31
(2) Showing any document which contains a valid address in the precinct
32
together with a picture identification card; or
33
(3) Showing a current valid student photo identification card from
34
35
current student fee statement that contains the student's valid ad-
36
dress in the precinct showing photo identification set forth in section
37
38
(2) Election day registration provided in this section shall apply to
39
40
and municipal elections.
41
(3) An individual who is eligible to vote may also register, upon
42
providing proof of residence photo identification set forth in section
2
1
2
3
(4) Until July 1, 2023, an individual who cannot provide proof of iden-
4
tity, residence, or citizenship at election day registration may be given a
5
ballot that may be voted but shall then be placed in a security envelope list-
6
ing the voter's contact information and signed affidavit and held in a secure
7
8
can be verified during those two (2) business days, the ballot will be in-
9
10
during that time, the ballot shall be marked void by the clerk and shall not
11
be counted in the canvass of votes but shall be retained pursuant to section
12
13
14
amended to read as follows:
15
34-409. ELECTRONIC REGISTRATION. (1) The office of the secretary of
16
state may create and maintain an electronic system for voter registration
17
that is publicly available on its official website. Any qualified elec-
18
tor who has a current valid driver's license or identification card issued
19
20
21
by submitting a completed voter registration application electronically
22
through such website. Electronic voter registration applications shall be
23
submitted before the close of registration as provided in section 34-408,
24
25
(2) The electronic voter registration application shall be in a form
26
prescribed by the secretary of state and shall:
27
(a) Require the information under oath or affirmation set forth in sec-
28
29
(b) Include notice of the requirement to provide personal photo iden-
30
tification and proof of citizenship before voting at the polls as set
31
32
(c) Require an electronic signature of the applicant.
33
(3) The office of the secretary of state shall obtain a digital copy
34
of the applicant's driver's license or identification card signature from
35
36
shall, upon request of the office of the secretary of state, provide a dig-
37
ital copy of the applicant's driver's license or identification card signa-
38
ture.
39
(4) Upon receipt of a completed voter registration application and a
40
digital copy of the applicant's driver's license or identification card sig-
41
42
States citizenship, the office of the secretary of state shall send the in-
43
formation to the county clerk for the county in which the applicant resides.
44
The county clerk shall prepare and issue to each elector registering elec-
45
tronically a verification of registration containing the name and residence
46
of the elector and the name or number of the precinct in which the elector
47
resides. Such verification of registration may be sent by nonforwardable
48
first-class first class mail or by electronic mail at the elector's option.
3
1
If a verification is returned undeliverable, then the county clerk shall re-
2
move the elector from the register of electors.
3
(5) An applicant using the electronic system for voter registration
4
pursuant to this section shall not be required to complete a printed regis-
5
tration card.
6
(6) The office of the secretary of state shall use such security mea-
7
sures necessary to ensure the accuracy and integrity of an electronically
8
submitted voter registration application.
9
(7) Any person using the electronic system for voter registration pur-
10
suant to this section must vote in person at a polling place, showing proper
11
12
once before being able to vote by absentee ballot through the mail. Upon re-
13
ceipt of a written application to the county clerk from any elector who, by
14
reason of illness or physical incapacity, is prevented from voting in person
15
at a polling place for the first time after registering electronically, the
16
county clerk or his designee shall personally verify the elector's proper
17
photo identification at the place of abode of the elector and shall receive
18
the elector's voted ballot for inclusion in the canvass of votes.
19
20
amended to read as follows:
21
34-410. MAIL REGISTRATION. (1) Any elector may register by mail for
22
any election. Any mail registration application must be received by the
23
county clerk prior to the close of registration as provided in section
24
25
marked not later than twenty-five (25) days prior to an election shall be
26
deemed timely. A mail registration application must be accompanied by a
27
photocopy of the applicant's photo identification set forth in section
28
29
(2) The secretary of state shall prescribe the form for the mail regis-
30
tration application. This mail application form shall be available for dis-
31
tribution through governmental and private entities, with particular empha-
32
sis on making them available for organized voter registration programs.
33
(3) Any federal mail registration form adopted pursuant to the provi-
34
sions of the national voter registration act of 1993 (P.L. 103-31) shall also
35
be accepted as a valid registration, if such form is postmarked not later
36
than twenty-five (25) days prior to an election. However, if proper photo
37
38
Code, does not accompany the federal mail registration form, the elector
39
shall be permitted to vote only for federal offices.
40
(4) The county clerk shall prepare and issue by first class nonforward-
41
able mail to each elector registering by mail a verification of registration
42
containing the name and residence of the elector and the name or number of the
43
precinct in which the elector resides.
44
(5) A verification returned undeliverable shall cause the county clerk
45
to remove the elector's card from the register of electors.
46
47
copy of proper identification will be required prior to issuance of a ballot
48
to anyone who has registered by mail and has not previously voted in an elec-
49
tion for federal office in the state. Proper identification consists of:
4
1
(1) A current and valid photo identification; or
2
(2) A copy of a current utility bill, bank statement, government check,
3
paycheck, or other government document that shows the name and address
4
of the voter photo identification set forth in section 34-411(1)(h),
5
6
(7) Any person registering to vote by mail pursuant to this section must
7
vote in person at a polling place, showing proper photo identification pur-
8
9
vote by absentee ballot through the mail. Upon receipt of a written applica-
10
tion to the county clerk from any elector who, by reason of illness or physi-
11
cal incapacity, is prevented from voting in person at a polling place for the
12
first time after registering by mail, the county clerk or his designee shall
13
personally verify the elector's proper photo identification at the place of
14
abode of the elector and shall receive the elector's voted ballot for inclu-
15
sion in the canvass of votes.
16
17
amended to read as follows:
18
34-411. APPLICATION FOR REGISTRATION -- CONTENTS. (1) Each elector
19
who requests registration shall supply the following information under oath
20
or affirmation:
21
(a) Full name and sex.;
22
(b) Mailing address, residence address, or any other necessary infor-
23
mation definitely locating the elector's residence.;
24
(c) The period of time preceding the date of registration during which
25
the elector has resided in the state.;
26
(d) Whether or not the elector is a citizen.;
27
(e) That the elector is under no legal disqualifications to vote.;
28
(f) The county and state where the elector was previously registered,
29
if any.;
30
(g) Date of birth.; and
31
(h) One (1) of the photo identification cards set forth in this para-
32
33
zenship. Such card must be current; provided, however, if the residen-
34
tial address shown on the photo identification is not current or if the
35
card expired no longer than twenty-four (24) months prior to the elec-
36
tor's presentation of the card, the card may be accepted if it is accom-
37
panied by a copy of the elector's current mortgage statement, utility
38
bill, bank statement, paycheck, or government check showing the name
39
and current address of the individual. Acceptable photo identification
40
cards are:
41
(i) A cCurrent driver's license number or identification card is-
42
43
44
last four (4) digits of the elector's social security number.;
45
46
(iii) A concealed weapons permit or enhanced concealed carry per-
47
48
or
5
1
(iv) Any other photo identification card issued by the United
2
3
4
5
financial assistance in obtaining a state photo identification card if
6
paying the associated fee is an undue hardship on the elector. The elec-
7
tor may be granted such a hardship fee waiver only once.
8
9
select an affiliation with a political party qualified to participate in
10
11
nated as "unaffiliated." The selection of party affiliation or designation
12
as "unaffiliated" shall be maintained within the voter registration sys-
13
14
fail or refuse to make such a selection, the county clerk shall record as
15
"unaffiliated" such elector within the voter registration system as pro-
16
17
(3) Any elector who shall supply supplies any information under subsec-
18
tion (1) of this section, knowing it to be false, is guilty of perjury.
19
(4) Each elector who requests registration may, at the elector's op-
20
tion, supply the elector's telephone number. If the telephone number is sup-
21
plied by the elector, the telephone number shall be available to the public.
22
23
amended to read as follows:
24
34-1002. APPLICATION FOR ABSENTEE BALLOT. (1) Any registered elector
25
may make written application to the county clerk, or other proper officer
26
charged by law with the duty of issuing official ballots for such election,
27
for an official ballot or ballots of the kind or kinds to be voted at the elec-
28
tion. The application shall contain the name of the elector, the elector's
29
home address, county, and address to which such ballot shall be forwarded.
30
(2) In order to provide the appropriate primary election ballot to
31
electors, in the event a political party elects to allow unaffiliated elec-
32
tors to vote in that party's primary election pursuant to section 34-904A,
33
34
for a ballot for primary elections, the elector's party affiliation or des-
35
ignation as "unaffiliated." The application shall contain checkoff boxes
36
for unaffiliated electors by which such electors shall indicate for which
37
party's primary ballot the unaffiliated elector chooses to vote. Provided
38
however, that no political party's primary election ballot shall be provided
39
to an unaffiliated elector for a political party that has not elected to al-
40
low unaffiliated electors to vote in that political party's primary election
41
42
indicate a choice of political party's primary election ballot, the elector
43
shall receive a nonpartisan ballot.
44
(3) In order to provide the appropriate primary election ballot to
45
electors, in the event one (1) or more political parties elect to allow elec-
46
tors affiliated with a different political party to vote in that party's
47
primary election, the application shall contain checkoff boxes by which such
48
electors may indicate the primary ballot in which the elector wishes to vote.
6
1
(4) For electors who are registered to vote as of January 1, 2012, and
2
who remain registered electors, the elector shall designate, as part of
3
the written application for a ballot for the 2012 primary elections, the
4
elector's party affiliation or designation as "unaffiliated." The applica-
5
tion shall contain checkoff boxes for unaffiliated electors by which such
6
electors shall indicate for which party's primary election ballot the unaf-
7
8
Provided however, that no political party's primary election ballot shall
9
be provided to an unaffiliated elector for a political party that has not
10
elected to allow unaffiliated electors to vote in the party's primary elec-
11
12
does not indicate a choice of political party's primary election ballot, the
13
elector shall receive a nonpartisan ballot. After the 2012 primary elec-
14
tion, the county clerk shall record the party affiliation or unaffiliated
15
designation so selected on the application for an absentee ballot as part of
16
such an elector's record within the voter registration system as provided
17
18
(5) After the 2012 primary election, electors who remain registered
19
voters and who did not vote in the 2012 primary elections and who make written
20
application for an absentee ballot shall be designated as unaffiliated elec-
21
22
given the appropriate ballot for such "unaffiliated" designation pursuant
23
to the provisions of this act.
24
(64) An elector may not change party affiliation or designation
25
as "unaffiliated" on an application for absentee ballot. For primary
26
elections, an elector may change party affiliation or designation as
27
28
(75) The application for an absent elector's ballot shall be signed
29
personally by the applicant and shall provide the applicant's date of birth
30
and the last four (4) digits of the applicant's driver's license number or
31
other identification document used by the applicant when registering to
32
vote. The application for a mail-in absentee ballot shall be received by the
33
county clerk not later than 5:00 p.m. on the eleventh day before the elec-
34
tion. An application for in-person absentee voting at the absent elector's
35
36
the county clerk not later than 5:00 p.m. on the Friday before the election.
37
Application for an absentee ballot may be made by using a facsimile machine
38
or other electronic transmission. On and after July 1, 2023, no single ap-
39
plication for an absent elector's ballot shall apply to more than one (1)
40
election date. A separate application is required for each election in which
41
the elector wishes to vote by absent elector's ballot.
42
(86) A person may make application for an absent elector's ballot by use
43
of a properly executed federal postcard application as provided for in the
44
45
voting act (UOCAVA, 52 U.S.C. 20301 et seq., as amended). The issuing offi-
46
cer shall keep as a part of the records of such officer's office a list of all
47
applications so received and of the manner and time of delivery or mailing
48
to and receipt of returned ballot. An applicant who does not accompany the
49
federal postcard application with a copy of proper photo identification set
7
1
2
for federal offices.
3
(97) The county clerk shall, not later than seventy-five (75) days af-
4
ter the date of each general election, submit a report to the secretary of
5
state containing information concerning absentee voters as required by fed-
6
eral law.
7
8
amended to read as follows:
9
34-1003. ISSUANCE OF ABSENTEE BALLOT. (1) Upon receipt of an applica-
10
tion for an absent elector's ballot that includes the applicant's date of
11
birth and the last four (4) digits of the applicant's driver's license number
12
or other identification document used by the applicant when registering to
13
vote, within the proper time, the county clerk receiving it shall examine the
14
records of the county clerk's office to ascertain whether or not such appli-
15
cant is registered and lawfully entitled to vote as requested and, if found
16
to be so, the county clerk shall arrange for the applicant to vote by absent
17
elector's ballot.
18
(2) In the case of requests for primary ballots:
19
(a) Except as provided in paragraph (b) of this subsection, an elector
20
who has designated a political party affiliation shall receive a pri-
21
mary ballot for that political party.
22
(b) An elector who has designated a political party affiliation pur-
23
24
ballot of a political party other than the political party such elector
25
is affiliated with if such other political party has provided notifica-
26
tion to the secretary of state that identifies the political party such
27
elector is affiliated with, as provided for in section 34-904A(2)(b),
28
29
(c) An unaffiliated elector shall receive the primary ballot for the
30
political party the elector designated in the elector's application for
31
32
however, that a political party's ballot shall not be provided to an un-
33
affiliated elector where that political party has not elected to allow
34
unaffiliated electors to vote in such party's primary election pursuant
35
36
(d) If an unaffiliated elector does not indicate a choice of a political
37
party's primary ballot, the elector shall receive a nonpartisan ballot.
38
(e) Once an absentee primary ballot is issued to an elector by the
39
county clerk, the county clerk may not issue the same elector a new
40
absentee primary ballot with a different party affiliation than the
41
absentee ballot originally issued to the elector, unless the original
42
absentee ballot type was issued in error by the county clerk.
43
(3) The absentee ballot may be delivered to the absent elector in the
44
office of the county clerk, or by postage prepaid mail or by other appropri-
45
ate means, including use of a facsimile machine or other electronic trans-
46
mission. Validly requested absentee ballots for candidates for federal of-
47
fice, where the request is received at least forty-five (45) days before an
48
election, shall be sent no later than forty-five (45) days before that elec-
49
tion to all electors who are entitled to vote by absentee ballot.
8
1
(4) Pursuant to the uniformed and overseas citizens absentee voting act
2
(UOCAVA, 52 U.S.C. 20301 et seq., as amended) the secretary of state shall
3
establish procedures for the transmission of blank absentee ballots by mail
4
and by electronic transmission for all electors who are entitled to vote by
5
absentee ballot under the uniformed and overseas citizens absentee voting
6
act UOCAVA, and by which such electors may designate whether the elector
7
prefers the transmission of such ballots by mail or electronically. If no
8
preference is stated, the ballots shall be transmitted by mail. The secre-
9
tary of state shall establish procedures for transmitting such ballots in a
10
manner that shall protect the security and integrity of such ballots and the
11
privacy of the elector throughout the process of transmission.
12
(5) A political party may supply a witness to accompany the clerk in the
13
personal delivery of an absentee ballot. If the political party desires to
14
supply a witness, it shall be the duty of the political party to supply the
15
names of such witnesses to the clerk no later than forty-six (46) days prior
16
to the election. The clerk shall notify such witnesses of the date and ap-
17
proximate hour the clerk or deputy clerk intends to deliver the ballot.
18
(6) A candidate for public office or a spouse of a candidate for public
19
office shall not be a witness in the personal delivery of absentee ballots.
20
(7) An elector physically unable to mark such elector's own ballot
21
may receive assistance in marking such ballot from the officer delivering
22
same or an available person of the elector's own choosing. In the event
23
the election officer is requested to render assistance in marking an absent
24
elector's ballot, the officer shall ascertain the desires of the elector and
25
shall vote the applicant's ballot accordingly. When such ballot is marked by
26
an election officer, the witnesses on hand shall be allowed to observe such
27
marking. No county clerk, deputy, or other person assisting a disabled voter
28
shall attempt to influence the vote of such elector in any manner.
29
30
amended to read as follows:
31
34-1004. MARKING AND FOLDING OF ABSENTEE BALLOT -- AFFIDAVIT -- RETURN
32
ENVELOPE. (1) Upon receipt of the absent elector's ballot, the elector shall
33
thereupon mark and fold the ballot so as to conceal the marking, deposit it
34
in the ballot envelope, and seal the envelope securely. In the event an elec-
35
tion requires a perforated ballot, the unvoted portion must be deposited in
36
the unvoted ballot envelope and sealed. The ballot envelopes must then be
37
deposited in the return envelope and sealed securely.
38
(2) The elector shall then execute an affidavit on the back of the re-
39
turn envelope in the form prescribed, provided however, that such affidavit
40
need not be notarized.
41
(3) The secretary of state shall design the absentee ballot return en-
42
velopes to contain the name and signature of the voter, the last four (4)
43
digits of the voter's acceptable photo identification card number listed in
44
45
tionship to the voter, and last four (4) digits of an acceptable photo iden-
46
47
turning the absentee ballot on behalf of the voter. The envelope shall also
48
be designed to provide privacy for the information required by this subsec-
49
tion until the ballot is received at the elections office.
9
1
2
amended to read as follows:
3
34-1005. RETURN OF ABSENTEE BALLOT. (1) The return envelope shall must
4
be mailed or delivered by hand personally to the officer who issued the same
5
or his designee; provided, that an absentee ballot must be received by the
6
issuing officer or his designee by 8:00 p.m. on the day of election before
7
such ballot may be counted.
8
(2) Upon receipt of an absent elector's ballot, the county clerk of the
9
county wherein such elector resides shall verify the authenticity of the af-
10
fidavit, including verifying that the signature matches the signature from
11
such elector's voter registration, and shall write or stamp upon the enve-
12
lope containing the same, the date and hour such envelope was received in his
13
14
Code. He shall safely keep and preserve all absent electors' ballots un-
15
opened until the time prescribed for delivery to the polls or to the central
16
count ballot processing center.
17
18
amended to read as follows:
19
34-1113. IDENTIFICATION AT THE POLLS. All voters shall be required to
20
provide personal photo identification meeting the requirements of section
21
22
23
identification that may be presented shall be one (1) of the following:
24
25
26
(2) A passport or an identification card, including a photograph, is-
27
28
(3) A tribal identification card, including a photograph;
29
(4) A current student identification card, including a photograph, is-
30
sued by a high school or an accredited institution of higher education, in-
31
cluding a university, college or technical school, located within the state
32
33
(5) A license to carry concealed weapons issued under section 18-3302,
34
35
36
37
amended to read as follows:
38
34-1114. AFFIDAVIT IN LIEU OF -- PERSONAL IDENTIFICATION. (1) If a
39
voter is not able to present personal photo identification as required in
40
41
in lieu of the personal identification. The affidavit shall be on a form
42
prescribed by the secretary of state and shall require the voter to provide
43
the voter's on a secure envelope prescribed by the secretary of state. The
44
voter shall place his voted ballot into the envelope and, on the outside of
45
the envelope, shall provide his name and address. The voter shall sign the
10
1
affidavit. The affidavit shall be kept in a secure location by the election
2
clerk.
3
(2) A voter completing such an affidavit shall have two (2) business
4
days to return to the polling place or clerk's office and present proper
5
photo identification meeting the requirements of section 34-411(1)(h),
6
7
voter's ballot in the canvass of votes. If the voter does not return and
8
present proper verification within two (2) business days, the clerk shall
9
void the ballot and the ballot shall not be counted in the canvass of votes.
10
(3) Any person who knowingly provides false, erroneous, or inaccurate
11
information on such affidavit shall be guilty of a felony.
12
(4) The provisions of this section shall be null, void, and of no force
13
and effect on and after July 1, 2023.
14
SECTION 11. An emergency existing therefor, which emergency is hereby
15
declared to exist, this act shall be in full force and effect on and after
16
July 1, 2022.