HB 26 — Voting Equipment Amendments

HB0026S01Enrolled comparedCopy withH.B. HB0026 {Omitted text} shows text that was in HB0026 but was omitted in HB0026S01 inserted text shows text that was not in HB0026 but was inserted into HB0026S01 DISCLAIMER:

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Voting Equipment Amendments GENERAL SESSION STATE OF UTAH Chief Sponsor:

Cutler Senate Sponsor:RonaldSponsor: M.

WintertonRonald 3M. LONG TITLE Committee Note:

TheWinterton Government3 OperationsLONG InterimTITLE CommitteeGeneral recommendedDescription: this bill.

Legislative Vote:

12 voting for 0 voting against 5 absent General Description:

H ▸ provides that the Voting Equipment Selection Committee shall assist the lieutenant gBvernorgovernor in:

and 0 ● 2 HB0026 compared with HB0026S01 ensuring that the new voting equipment system complies with the requirements for casting a mechanical ballot;

20A-5-80120A-5-801, , as last amended by Laws of Utah 2020, Chapter 31 20A-5-80220A-5-802, , as last amended by Laws of Utah 2019, Chapter 305 20A-5-803H.B. , as renumbered and amended by Laws of Utah 2017, Chapter 32 67-1a-2 , as last amended by Laws of Utah 2025, First Special Session, Chapter 6 RENUMBERS AND AMENDS:

20A-5-80526 ,Enrolled (RenumberedCopy from20A-5-803, 20A-5-302, as lastrenumbered and amended by Laws of Utah 2023,2017, Chapter 15)32 Be67-1a-2, itas enactedlast amended by theLaws Legislature of theUtah state2025, ofFirst Utah:Special Session, Chapter 6 RENUMBERS AND AMENDS:

20A-5-805, (Renumbered from 20A-5-302, as last amended by Laws of Utah 2023, Chapter 15) Be it enacted by the Legislature of the state of Utah:

20A-5-801.20A-5-801 .

20A-5-802.20A-5-802 .

(1)(1)(a) - 2 - HB0026 compared with HB0026S01 (a) For the voting equipment used in the jurisdiction over which an election officer has authority, the election officer shall:

(2)(2)[(a) [(a) Except as provided in Subsection (2)(b)(ii):] [(i)] (a) [the] The lieutenant governor shall ensure that all voting equipment used in the state is independently tested using security testing protocols and standards that:

[(A)]- (i)2 are- generallyEnrolled acceptedCopy inH.B. the industry at the time the lieutenant governor reviews the voting equipment for certification;

26 [(A)] (i) are generally accepted in the industry at the time the lieutenant governor reviews the voting equipment for certification;

[(b)[(b)(i) - 3 - HB0026 compared with HB0026S01 (i) Voting equipment used in the state may include technology that allows for ranked-choice voting.] [(ii) The lieutenant governor may, for voting equipment used for ranked-choice voting under Title 20A, Chapter 4, Part 6, Municipal Alternate Voting Methods Pilot Project, certify voting equipment that has been successfully used within the United States or a territory of the United States for ranked-ranked-choice choice voting for a race for federal office.] Section 3.

20A-5-803.20A-5-803 .

[(i)- election3 procedures- andH.B. administration;] [(ii)] (b) computer technology;

26 Enrolled Copy [(i) election procedures and administration;] [(ii)] (b) computer technology;

- 4 - HB0026 compared with HB0026S01 (a) [evaluate new voting equipment systems proposed for purchase by the state] assist the lieutenant governor in conducting a competitive procurement under Title 63G, Chapter 6a, Utah Procurement Code, for the new voting equipment system;

and (b) [provide information and recommendations to assist the lieutenant governor with the purchase of new voting equipment systems] ensure that the new voting equipment system proposed for purchase by an evaluation committee under Subsection 63G-6a-707(10) complies with the requirements for casting a mechanical ballot under Section {20A-5-804} 20A-5-805.

Section 20A-5-80520A-5-805, which is renumbered from Section 20A-5-302 is renumbered and amended to read:

[20A-5-302] 20A-5-805.20A-5-805 .

[(1)- (a)4 Any- countyEnrolled orCopy municipalH.B. legislative body or special district board may:] [(i) adopt, experiment with, acquire by purchase, lease, or otherwise, or abandon any automated voting system that meets the requirements of this section;

and]26 [(ii)[(1)(a) useAny thatcounty system in any election, in all or amunicipal partlegislative ofbody the voting precincts within its boundaries, or inspecial combinationdistrict withboard manualmay:] ballots.][(i) [(b)adopt, Nothingexperiment inwith, thisacquire titleby shallpurchase, belease, construedor tootherwise, require the use of electronic voting devices in local special elections, municipal primary elections, or municipalabandon generalany elections.] [(2)] (1) [Each automated voting system{]system Thethat votingmeets equipmentthe forrequirements castingof athis mechanicalsection; ballot} shall] The voting equipment for casting a mechanical ballot shall:

and] [(ii) use that system in any election, in all or a part of the voting precincts within its boundaries, or in combination with manual ballots.] [(b) Nothing in this title shall be construed to require the use of electronic voting devices in local special elections, municipal primary elections, or municipal general elections.] [(2)] (1) [Each automated voting system shall] The voting equipment for casting a mechanical ballot shall:

- 5 - HB0026 compared with HB0026S01 (ii) vote for as many [persons] individuals for an office as that voter is entitled to vote;

(i) be of durable construction, suitably designed so that [it] the voting equipment may be used- safely,5 efficiently,- andH.B. accurately in the conduct of elections and counting ballots;

26 Enrolled Copy used safely, efficiently, and accurately in the conduct of elections and counting ballots;

(ii)(ii)(A) (A) shall be available for the voter's inspection [prior to the voter leaving] before the voter leaves the polling place;