Registration by provisional ballot.

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  • (1) Except as provided in Subsection (6), an individual who is not registered to vote may register to vote, and vote, on election day or during the early voting period described in Section 20A-3a-601, by voting a provisional ballot, if:
    • (a) the individual is otherwise legally entitled to vote the ballot;
    • (b) the ballot is identical to the ballot for the precinct in which the individual resides;
    • (c) the information on the provisional ballot form is complete; and
    • (d) the individual provides valid voter identification and proof of residence to the poll worker.
  • (2) If a provisional ballot and the individual who voted the ballot comply with the requirements described in Subsection (1), the election officer shall:
    • (a) consider the provisional ballot a voter registration form;
    • (b) place the ballot with the other ballots, to be counted with those ballots at the canvass; and
    • (c) as soon as reasonably possible, register the individual to vote.
  • (3) Except as provided in Subsection (4), the election officer shall retain a provisional ballot form, uncounted, for the period specified in Section 20A-4-202, if the election officer determines that the individual who voted the ballot:
    • (a) is not registered to vote and is not eligible for registration under this section; or
    • (b) is not legally entitled to vote the ballot that the individual voted.
  • (4) Subsection (3) does not apply if a court orders the election officer to produce or count the provisional ballot.
  • (5) The lieutenant governor shall report to the Government Operations Interim Committee on or before October 31, 2020, regarding:
    • (a) implementation of registration by provisional ballot, as described in this section, on a statewide basis;
    • (b) any difficulties resulting from the implementation described in Subsection (5)(a);
    • (c) the effect of registration by provisional ballot on voter participation in Utah;
    • (d) the number of ballots cast by voters who registered by provisional ballot:
      • (i) during the early voting period described in Section 20A-3a-601; and
      • (ii) on election day; and
    • (e) suggested changes in the law relating to registration by provisional ballot.
  • (6) For an election administered by an election officer other than a county clerk:
    • (a) if the election officer does not operate a polling location to allow early voting, the individual may not register to vote, under this section, during an early voting period; and
    • (b) if the election officer does not operate a polling location on election day, the individual may not register to vote, under this section, on election day.





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