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Once Thought Secure, Utah Implements Further Election Security

Election Law Society · December 26, 2022 ·

By Anonymous

Not many things in the world are monitored 24 hours a day, 7 days a week. Bank vaults, hospitals, and military installations are the few that come to mind. However, in this Fall’s midterm elections, Utah’s ballot boxes will be as well.

24/7 video surveillance of unattended ballot boxes are among the several measures Utah’s state legislature has approved as a part of H.B. 313 to secure the state of Utah’s elections prior to the impending 2022 midterms.

House Bill 313, passed in the most recent general session, includes a bevy of changes for Utah voters. Voters are now required to provide proof of identity before voting if they did not provide proof of identification when they registered to vote. Utah is one of eight states that are “all-mail”–they conduct all elections by mail. In 2020, 94% of Utah voters voted by mail. Utah is the only Republican-leaning state that allows all elections to be conducted by mail. Because of H.B. 313, many of these voters will now need to submit a copy of their Utah drivers license or identification.

The legislation, primarily released by Republican Rep. Jon Hawkins, also requires a yearly audit of the voter registration database, limits who may access the election equipment, and reiterates requirements that election equipment may never be connected to the internet. The bill would also require the lieutenant governor to develop requirements for Utah election officials regarding the handling and documentation of “custody” for ballots.

Utah’s legislature passed these increased security measures despite voter fraud being an incredibly rare occurrence in Utah. According to The Heritage Foundation, a conservative think tank, Utah has only had one case of documented voter fraud—in 2008. Utah has allowed voting by mail since 2004. The most common reason ballots are rejected, in fact, do not come from nefarious parties, but instead, from simple mistakes, such as signature issues or unsigned affidavits. Sources have even found that, often times, fraud in Utah may stem from the parents of Latter-day Saints whose children are away on missions.

Despite the security of Utah’s elections prior to the 2020 election and the staggering popularity of voting by mail, the state has been swept up in election misinformation perpetuated by former President Donald Trump’s false claims that the 2020 Presidential Election was fraudulent.

Utah’s state legislature considered 35 proposals in 2022’s general session regarding its election practices—including H.B. 371, which would have removed ballot drop boxes and removed voting by mail as Utah’s primary voting method. The legislation, sponsored by Rep. Phil Lyman failed in committee. While Rep. Lyman alleged voter fraud when speaking in support of H.B. 371, he was unable to produce any evidence of his allegations.

Utah’s Governor and Lieutenant Governor, Spencer Cox and Deidre Henderson, both Republicans, have repeatedly defended the security of Utah’s elections and denounced allegations to the contrary as “absolute falsehoods [that] run counter to Utah law and the foundation of our constitutional republic.”

County Clerks have expressed frustration with H.B. 313’s new requirements. Sherrie Swenson, Salt Lake County’s Clerk, said that the constant surveillance represented an intrusion of privacy, and the new mandate regarding voter identification left her office scrambling to collect the required information from voters.  

The security of Utah’s vote is not the only concern in 2022–election officials said that voters will see armed police officers patrolling election sites in response to a recent increase in political tensions and threats towards election workers.

Utah’s H.B. 75 Proposes A New Strategy to Spread Ranked Choice Voting Across the State

Election Law Society · January 19, 2022 ·

By: Maxfield Daley-Watson

In 2017 Michael Kaufusi won the Provo mayoral race with only 40% of the vote. During the 2016 presidential election, 21% of Utah voters favored an independent candidate, Evan McMullin, as a result Donald Trump won the state with 45.1% of the vote. Instances of candidates winning elections without a majority of the popular vote is not new to American elections, but several states appear to be making a concerted effort to address the problem. One solution that is gaining momentum is the broader implementation of instant run-off elections or ranked choice voting. While procedures vary across jurisdictions, the basic idea is that voters can rank their choice of candidate. If one candidate does not receive a majority of first-choice votes, the candidate with the lowest number of first-choice votes is eliminated, and the voters who ranked that candidate first have their votes allocated to the candidates they ranked second. The process repeats itself until one candidate has a majority.

[Read more…] about Utah’s H.B. 75 Proposes A New Strategy to Spread Ranked Choice Voting Across the State

Independent (Advisory) Commission: Utah State Legislators Gradually Loosen Grip on Redistricting

Election Law Society · November 12, 2021 ·

By: Maxfield Daley-Watson

After the 2010 census, Utah gained one congressional district, giving the state a total of four federal congressional seats. In 2011, when the state drew its new legislative map, the process was conducted by the state’s Republican controlled legislature. This process resulted in the creation of three heavily conservative districts and one Republican leaning district. In 2018 voters narrowly approved Proposition 4, a ballot initiative directed at creating an independent bipartisan commission with the intention of creating fairer maps. The plan for this independent commission was then edited and eventually implemented through the passage of Senate Bill 200. As a result, SB 200 appropriated 1 million dollars for the independent redistricting commission. In a less positive move, the bill also shifted the independent commission to an advisory role with the ability to draft maps that are then voted on by the state legislature. This is possible because Utah allows the state legislature to amend any enacted statute with a simple majority vote. According to Better Boundaries, the organization behind Proposition 4, the impetus for the legislative overhaul on the redistricting commission centered around the unwillingness of state law makers to place a prohibition on partisan gerrymandering in the redistricting process. Furthermore, the Utah Constitution vests redistricting power in the hands of the legislature, which added an additional wrinkle to the implementation of Proposition 4.

[Read more…] about Independent (Advisory) Commission: Utah State Legislators Gradually Loosen Grip on Redistricting

UT: Count My Vote

Election Law Society · October 1, 2015 ·

By: Benjamin Ader

With a presidential election on the horizon, many state election offices and party organizations are beginning their process for electing nominees for various offices up for a vote. In Utah this will be a significant test for a new nomination process inspired by the Count My Vote (CMV) initiative. This movement was a response to the fact that Utah was one of seven states with a caucus system, but the only state that did not have any other means of getting a candidate on a ballot.

[Read more…] about UT: Count My Vote

In Utah, Organization Makes Voting a Primary Concern

Election Law Society · October 28, 2013 ·

by James Devereaux, Contributor

In a state that is largely dominated by a single party, with a majority of the state voting in the Republican column, primary elections carry more significance than the general elections.  With only one of the four congressional districts being held by a Democrat, Jim Matheson, and the two U.S. Senate seats belonging to the Republicans there is little variation in the political makeup of the congressional seats. Only the seat held by the Democrat was close enough for the general election to matter.  [Read more…] about In Utah, Organization Makes Voting a Primary Concern

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