HB 69: Government Records and Information Amendments - Utah

Substitute #4 → Enrolled · 7 edits · Mar 25, 2025

MODERATE

This bill updates Utah's government records laws to tighten restrictions on how election officials handle voter data, specifically prohibiting them from disclosing whether a voter placed postage on a return envelope. It also clarifies rules for disclosing private records, establishes a formal process to punish 'vexatious' record requesters, and adjusts attorney fee awards to prevent fees from being used to fund private litigation.

Scope change

The bill expands the scope of protected information for election officers by adding 'postage status' to the list of private records, while simultaneously clarifying that general voting history records remain public.

REQUIREMENT

Added a new prohibition preventing government officers from accessing or using records for primarily personal purposes unless they could access them as a regular member of the public.

Modified the definition of 'voting history record' to explicitly include whether a voter placed postage on a return envelope, classifying this specific detail as private.

Amended rules for disclosing private records to clarify exceptions for government entities sharing data for voter registration and election administration.

Created a new 'vexatious requester' process allowing government entities to petition the State Records Committee to deny access to individuals who abuse the records request system.

Modified attorney fee provisions to restrict awards for requesters if the lawsuit's primary purpose is to benefit the requester's financial or commercial interest.

ENFORCEMENT

Added a new criminal penalty specifically for intentionally violating the new restrictions on government officers accessing or using election records.

TIMELINE

Updated the bill's effective date from February 14, 2025, to March 12, 2025.

Introduced → Substitute #1 · 7 edits

MODERATE

The bill was completely rewritten to shift from a narrow focus on ballot chain-of-custody secrecy to a broad mandate for government officers to restrict access to all government information for personal or political purposes. The new version establishes that any government officer accessing non-public data must do so only for official duties, explicitly banning political use of such data. It also reclassifies specific voter history details, like the method of ballot return, as private records and adds criminal penalties for unauthorized access or misuse.

Scope change

The scope expanded significantly from a specific election integrity measure to a comprehensive government records and information privacy law applicable to all government officers and entities.

SCOPE

The bill's focus shifted from solely protecting ballot chain-of-custody information to broadly regulating access to all government information and records by government officers.

REQUIREMENT

New provisions prohibit government officers from accessing, using, copying, or releasing government information for primarily personal purposes, including political activities, unless they have the same access rights as the general public.

Specific voter history details, such as the method by which a voter returned a ballot and whether they paid postage, are now explicitly classified as private records that cannot be disclosed.

DEFINITION

The definition of protected information was broadened to include any data or record not available to the general public, rather than just specific election records.

ENFORCEMENT

New criminal penalties were added for government officers who intentionally refuse to release records required by law or who intentionally violate the new restrictions on accessing government information.

ELIGIBILITY

Exceptions for accessing private records were expanded to include researchers, provided they agree to strict confidentiality and data destruction protocols.

TECHNICAL

The bill text was reformatted and reorganized into seven distinct sections covering definitions, public records, private records, and criminal penalties, replacing the single section structure of the original draft.

Substitute #3 → Substitute #4 · 6 edits

MODERATE

This bill amends Utah's government records laws to strengthen privacy protections for voters and government officers. It clarifies what information about voting is public versus private, restricts how government officers can access and use voter records, and adds new criminal penalties for unauthorized disclosure. The changes aim to prevent misuse of sensitive voter information while maintaining transparency in election administration.

Scope change

The bill expands the scope of protected voter information by adding new categories of private records (such as whether a voter returned a ballot with postage attached) and extends restrictions on government officers' access to election records.

REQUIREMENT

New section 63G-2-210 prohibits government officers from accessing, using, copying, or releasing election records for primarily personal purposes unless they access the records in the same manner as a member of the public.

Section 20A-5-410 was amended to clarify what constitutes a 'voting history record' and how election officers must maintain and disclose this information to the public.

ENFORCEMENT

New criminal penalty added to 63G-2-801 making it a class B misdemeanor to intentionally violate the new restrictions on government officers accessing election records.

DEFINITION

Section 63G-2-302 now classifies as private records regarding whether a voter returned a ballot with postage attached, expanding voter privacy protections.

TECHNICAL

New section 63G-2-209 was added to address attorney fees in government records requests (mentioned in highlighted provisions but not detailed in the diff).

New section 63G-2-802 was added to address additional criminal penalties (mentioned in affected code sections but not detailed in the diff).

Substitute #2 → Substitute #3 · 7 edits

MODERATE

This bill amends Utah's government records and information laws to improve transparency around voter history data while protecting sensitive personal information. It clarifies what voting history information must be disclosed to the public, establishes stricter rules for government officers accessing records, and adds new private record classifications for voter ballot information.

Scope change

The bill expands public access to certain voting history records while simultaneously protecting specific voter privacy information, and adds new restrictions on government officers' access to all government information.

REQUIREMENT

New Section 63G-2-210 prohibits government officers from accessing or using government information for personal purposes unless they can access it the same way the general public can.

Election officers must now make voting history records available to the public within one business day of receiving the information.

Election officers must provide voting history records to the public at actual cost rather than charging fees.

ENFORCEMENT

Violations of the new government officer access restrictions are now classified as a class B misdemeanor.

DEFINITION

Voting history records are now more clearly defined to include specific data points like whether a voter returned a mailed ballot, while explicitly excluding sensitive information like voter ID numbers and social security numbers.

New private record classification added for information regarding whether a voter returned a ballot with postage attached.

Expanded private record protections to include military and overseas voter information, electronic toll collection data, and various other sensitive records.

Substitute #1 → Substitute #2 · 5 edits

MODERATE

This bill amends Utah's government records and election laws to strengthen voter privacy protections and restrict how government officers can access and use government information. Key changes include classifying certain voter history information as private, prohibiting government officers from accessing records for personal purposes, and clarifying disclosure requirements for election data.

Scope change

The bill expands privacy protections for voter records and government information, making previously accessible information private and restricting government officer access to official duties only.

REQUIREMENT

Classifies voter history information about whether a voter returned a mailed ballot with postage attached as private, preventing disclosure except under specific circumstances.

Requires election officers to make voting history records available to the public within one business day of receipt and charges only actual costs for copies.

ENFORCEMENT

Prohibits government officers from accessing or using government records for primarily personal purposes unless they can access the same information as a member of the public, making violations a class B misdemeanor.

DEFINITION

Updates the definition of voting history records to clarify what information is public versus private, including specific voter identification details.

TECHNICAL

Makes technical and conforming changes to align with existing government records statutes and update section numbering.

Government Records and Information Amendments

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