SB 194: Election Modifications - Utah

Substitute #5 → Substitute #6 · 5 edits

MODERATE

This bill fundamentally changes how political parties in Utah nominate candidates by removing the ability for parties to qualify nominees through signature gathering. Instead, parties must now use a convention process to select candidates, with a primary election held only if the party chooses to send more than one candidate to the ballot. The bill also repeals several sections related to qualified political parties and makes technical updates to election dates.

Scope change

The bill narrows the scope of political party nomination methods, eliminating signature-based qualification and mandating convention-based selection for all parties, while also repealing specific sections of the election code related to party qualifications.

REQUIREMENT

Removed the ability for political parties to qualify candidates by gathering signatures from voters.

Changed the nomination process so parties must select candidates via convention, with primaries held only if multiple candidates are nominated.

SCOPE

Repealed multiple sections of the Utah Code (20A-9-405 through 20A-9-411) that governed qualified political parties and signature gathering processes.

TIMELINE

Updated primary election dates and special election scheduling provisions to align with the new convention-based nomination system.

TECHNICAL

Made technical and conforming changes to various election code sections to reflect the new nomination procedures.

Substitute #4 → Substitute #5 · 5 edits

MODERATE

This bill amends election laws to prohibit the names of county clerks and election officers from appearing on ballots or return envelopes to prevent bias, requires incumbent county clerks running for re-election to hire another clerk to verify signatures, and establishes a new crime for electronic abuse of election processes. It also updates conflict of interest rules for state officials and modifies procedures for filling vacancies in county attorney offices.

Scope change

The bill expands the scope of prohibited actions for election officials by explicitly banning their names from ballots and return envelopes, and it introduces new requirements for incumbent county clerks seeking re-election.

REQUIREMENT

Prohibits the name of a county clerk or election officer from appearing on a ballot or return envelope, except when they are listed as a candidate.

Requires an incumbent county clerk running for re-election to contract with another county clerk to verify candidate signatures for that race.

Revises vacancy procedures for county and district attorney offices to streamline the process for filling vacancies based on the number of attorneys in the jurisdiction.

ENFORCEMENT

Establishes a new crime called 'electronic communications abuse of elections or elected office' for using electronic communications to interfere with elections.

DEFINITION

Updates the definition of 'Official endorsement' to clarify that it does not include the name of the election officer or county clerk.

Substitute #3 → Substitute #4 · 9 edits

MAJOR

This bill modifies Utah's election laws to strengthen campaign finance transparency, update signature gathering requirements for political party candidates, and clarify procedures for filling vacancies in county and state offices. Key changes include requiring incumbent county clerks running for re-election to contract with another clerk to verify signatures, mandating that poll workers verify both signatures and ID numbers on mail-in ballots, and expanding the use of campaign funds for security services.

Scope change

The bill expands the scope of campaign finance reporting to include local school board candidates residing in the county and adds specific requirements for candidates seeking appointment to fill midterm vacancies.

REQUIREMENT

Incumbent county clerks running for re-election must contract with another county clerk to handle signature verification for their race.

Poll workers verifying mail-in ballots must now check both the voter's signature and the last four digits of an ID number.

Campaign funds may now be used to purchase security systems and services for candidates and officeholders.

Signature thresholds for qualified political party candidates for county offices were reduced from 3% to 1.5% of registered voters.

Vacancy filling procedures for county attorneys and district attorneys were updated based on the number of licensed attorneys in the district.

The Lieutenant Governor must create and maintain a written conflict of interest avoidance plan.

ELIGIBILITY

County auditors in first-class counties must hold specific professional certifications (e.g., CPA, CIA) to qualify for the office.

ENFORCEMENT

A new crime of 'electronic communications abuse' was created to penalize using electronic means to interfere with elections or threaten candidates.

DEFINITION

The definition of 'valid voter identification' was expanded to include various documents like tribal IDs and utility bills.

Substitute #2 → Substitute #3 · 8 edits

MODERATE

This bill modifies Utah's election laws to strengthen campaign finance transparency, update vacancy filling procedures to ensure political party continuity, and enhance election security. Key changes include requiring county clerks to contract with other clerks to verify signatures if they are running for re-election, mandating that appointed officeholders match the political party of the previous holder, and establishing a new crime for electronic abuse of election processes. The bill also tightens mail-in ballot verification by requiring signature checks alongside ID numbers and allows campaign funds to be used for security services.

Scope change

The bill expands the scope of campaign finance reporting to include local school board candidates residing in the county and applies new vacancy rules to a wider range of state and county offices, including the lieutenant governor and State Board of Education members.

REQUIREMENT

Incumbent county clerks running for re-election must contract with another county clerk to independently verify candidate signatures to prevent conflicts of interest.

Poll workers verifying mail-in ballots must now check both the last four digits of an ID number and the signature on the affidavit.

Campaign financial disclosure requirements are expanded to include local school board candidates residing in the county.

The number of signatures required for qualified political party candidates to appear on county primary ballots is reduced from 3% to 1.5% of registered voters.

ELIGIBILITY

Appointees filling vacancies in elected offices must generally belong to the same political party as the previous officeholder, with specific processes for unaffiliated officeholders.

ENFORCEMENT

A new crime is established for using electronic communications to retaliate against, threaten, or interfere with elections or officeholders.

FISCAL

Campaign funds may now be used to purchase security systems or services for candidates and officeholders.

TIMELINE

The frequency of state election audits is changed from a fixed schedule to 'as frequently as determined necessary' by the Office of the Legislative Auditor General.

Substitute #1 → Substitute #2 · 9 edits

MAJOR

Substitute #2 significantly narrows the scope of SB 194 by removing major provisions related to voter registration privacy, a bifurcated ballot system requiring proof of citizenship for non-federal voting, and the Lieutenant Governor's conflict of interest plan. It also removes specific definitions and sections regarding temporary military leave for elected officials and preregistration for minors. The bill retains core changes to county auditor qualifications and campaign finance disclosure but eliminates the most controversial election integrity and privacy measures present in the previous version.

Scope change

The bill's scope was reduced from a comprehensive election reform package to a more limited set of amendments focusing primarily on county auditor qualifications, campaign finance, and vacancy procedures, while removing provisions related to voter privacy, ballot structure, and specific definitions.

REQUIREMENT

Eliminated the requirement for the Lieutenant Governor to create a written conflict of interest avoidance plan.

Deleted the entire bifurcated ballot system that would have required voters to provide proof of U.S. citizenship to vote in non-federal races.

Removed provisions establishing a process for election officers to independently determine voter citizenship and the ability to challenge that determination.

Stripped out the plan to reclassify private voter registration records as public and the associated notification procedures for voters.

DEFINITION

Deleted the definition of 'Documentary proof of United States citizenship' and related terms regarding voter verification.

Removed the definition of 'Temporary absence in elected office for military service' and related procedures for military leave.

Deleted the definition of 'Preregistering to vote' for 16 and 17-year-olds.

TIMELINE

Adjusted the list of affected Utah Code sections, removing references to sections 20A-1-104, 20A-1-106, 20A-1-609, and 20A-3a-401 which were associated with the removed definitions.

ENFORCEMENT

Removed the new crime of 'electronic communications abuse of elections or elected office' from the highlighted provisions.

Amended 2/17/2026 11:02:838 → Substitute #1 · 7 edits

MODERATE

This bill significantly overhails Utah's election laws by introducing a new 'bifurcated ballot' system starting in 2028 that restricts voters without documentary proof of US citizenship to federal races only, while also tightening mail-in ballot verification and increasing signature requirements for county candidates. It adds new criminal penalties for electronic harassment of elections, requires the Lieutenant Governor to create a conflict of interest plan, and mandates that incumbent county clerks running for re-election contract with other clerks to verify their own signatures. The bill also lowers the signature threshold for county candidates from 3% to 1.5% and clarifies procedures for filling vacancies in various offices.

Scope change

The bill expands the scope of election regulation to include specific citizenship verification protocols and creates a new category of criminal offense (electronic communications abuse) related to elections. It also changes the operational scope for county clerks who are candidates for their own office.

ELIGIBILITY

Establishes a 'bifurcated ballot' system effective January 1, 2028, where voters who do not provide documentary proof of US citizenship can only vote in federal races.

REQUIREMENT

Requires poll workers verifying mail-in ballots to check both the signature on the affidavit AND the last four digits of an ID number.

Mandates that incumbent county clerks running for re-election must contract with another county clerk to verify the signatures on their own campaign petitions.

Reduces the number of signatures required for qualified party candidates for county offices from 3% of registered voters to 1.5%.

Requires the Lieutenant Governor to create and maintain a written conflict of interest avoidance plan regarding their potential candidacy.

ENFORCEMENT

Creates a new crime called 'electronic communications abuse of elections' for using electronic means to interfere with or threaten election processes.

TIMELINE

Changes effective dates for various sections, with some provisions taking effect on May 6, 2026, and others on January 1, 2027.

Amended Excerpts 2/17/2026 11:02:838 → Amended 2/17/2026 11:02:838 · 5 edits

MODERATE

This bill was reorganized and updated with new formatting and a timestamp. It introduces new requirements for county auditors to hold specific professional certifications, mandates campaign finance disclosure for local school board candidates, and establishes a conflict of interest avoidance plan for the lieutenant governor. The document also adds a new crime related to electronic communications abuse of elections.

Scope change

The bill's scope expanded to include new qualifications for county auditors, campaign finance rules for school board candidates, and a new criminal statute regarding election communications.

REQUIREMENT

County auditors in first-class counties must now hold specific professional certifications (such as CPA or CISA) to be eligible for the office or serve as interim replacements.

Campaign finance disclosure requirements are now extended to include candidates for local school board offices residing in the county.

The lieutenant governor is required to create a written plan to avoid conflicts of interest.

ENFORCEMENT

A new crime is established for electronic communications abuse related to elections or elected office.

TECHNICAL

The document structure was updated to include a formal title, sponsors, and a detailed list of affected Utah Code sections.

Enrolled → Amended Excerpts 2/17/2026 11:02:838 · 6 edits

MODERATE

This bill amends Utah election laws to remove election officials' names from ballots and return envelopes starting in 2027, requires the Lieutenant Governor to create a conflict of interest plan, and establishes a new crime for electronic abuse of elections. It also mandates that incumbent county clerks running for re-election contract with another clerk to verify candidate signatures, and tightens signature requirements for political party candidates in county races.

Scope change

The bill expands the scope of election oversight by adding new criminal penalties for electronic interference and specific duties for the Lieutenant Governor, while narrowing the scope of ballot content by removing official endorsements.

REQUIREMENT

Requires the Lieutenant Governor to create and submit a written conflict of interest avoidance plan by September 1, 2026.

Mandates that incumbent county clerks running for re-election must contract with another county clerk to handle signature verification for their race.

Prohibits the inclusion of election officials' names on ballots and return envelopes beginning January 1, 2027, except when they are listed as candidates.

Requires poll workers verifying mail-in ballots to check both the signature on the affidavit and the last four digits of an ID number.

ENFORCEMENT

Establishes a new crime called 'electronic communications abuse of elections or elected office' with penalties up to a third-degree felony for repeat offenders.

ELIGIBILITY

Reduces the signature threshold for qualified political party candidates running for county office from 3% to 1.5% of registered voters.

Introduced → Enrolled · 8 edits · Mar 23, 2026

MODERATE

This bill significantly overhauls Utah's election laws to introduce a 'bifurcated ballot' system starting in 2028, where voters who do not provide proof of U.S. citizenship can only vote in federal races. It also mandates that appointed officials fill vacancies with someone from the same political party as the previous holder, requires the Lieutenant Governor to create a conflict of interest plan, and tightens campaign finance reporting for county officials. Additionally, the bill restricts how much personal information on voter registration records can be shared with political parties and adds new criminal penalties for election-related electronic communications abuse.

Scope change

The bill expands the scope of election regulations to include new restrictions on voter eligibility based on citizenship documentation, changes how legislative vacancies are filled, and modifies data privacy rules regarding voter records.

ELIGIBILITY

Establishes a 'bifurcated ballot' system effective January 1, 2028, allowing voters without documentary proof of U.S. citizenship to vote only in federal offices.

Mandates that individuals appointed to fill vacancies in elected offices must be members of the same political party as the prior officeholder, with specific exceptions for unaffiliated officeholders.

REQUIREMENT

Requires the Lieutenant Governor to create and submit a written conflict of interest avoidance plan by August 31, 2026.

Updates voter registration forms to include a citizenship question and options for voters to opt-in to receiving communications from political parties.

Requires poll workers verifying mail-in ballots to check both the voter's signature and the last four digits of their identification number.

ENFORCEMENT

Creates a new crime called 'electronic communications abuse of elections or elected office' and establishes stricter penalties for unauthorized disclosure of voter records.

DEFINITION

Expands the definition of 'valid voter identification' to include various tribal and government-issued IDs and documents proving residency.

TIMELINE

Sets a new effective date of January 1, 2027, for several provisions regarding voter registration privacy and preregistration rules.

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