Independent investigation of citizenship -- Identification of non-citizens -- Opportunity to challenge -- Provisional ballot option -- Action taken when lack of documentary proof of citizenship discovered.
Utah Code § 20A-2-508
in effect20A-2-508. Independent investigation of citizenship -- Identification of non-citizens -- Opportunity to challenge -- Provisional ballot option -- Action taken when lack of documentary proof of citizenship discovered.
(1)
(a) An election officer shall, to the extent that the review can be conducted in a uniform, nondiscriminatory manner, conduct a review of the voter registration records to independently determine whether an individual who is registered to vote is not a citizen of the United States.
(b) To conduct the review described in Subsection (1)(a), the election officer:
(i) except as provided in Subsection (3), may not require an individual who registers to vote only in a federal race to provide documentary proof of United States citizenship; and
(ii) shall use any tools lawfully available to the election officer, including:
(A) the Systematic Alien Verification for Entitlements program, operated by the United States Department of Homeland Security;
(B) information received from the federal courts under Subsection 20A-2-502(4); and
(C) data collected by a state agency.
(2) If, in accordance with Subsection (1), an election officer determines that an individual who is registered to vote is not a citizen of the United States, the election officer shall, in accordance with Subsection (7):
(a) notify the individual of the determination and the reason for the determination;
(b) give the individual an opportunity to dispute the determination; and
(c) if the individual fails to refute the determination within 30 days after the day on which the election officer sends the notice described in Subsection (2)(a), remove the individual from the list of registered voters.
(3) Except as provided in Subsection (4), an individual described in Subsection (2) may not vote in an election unless, before voting, the individual provides documentary proof of United States citizenship to the election officer.
(4) An individual described in Subsection (2) may cast a provisional ballot pending the resolution of a dispute under Subsection (2).
(5) An election officer may not count a provisional ballot cast by an individual under Subsection (4) unless, before noon on the last business day before the day of the applicable canvass, the individual provides documentary proof of citizenship to the election officer.
(6) An election officer shall comply with Subsection 20A-2-204(5)(b)(iv) if the election officer discovers a voter registration record for which:
(a) the election officer does not make the determination described in Subsection (2); and
(b) proof of United States citizenship has not been established, unless the individual has expressed an intent:
(i) to not provide proof of United States citizenship; or
(ii) to vote for federal offices only.
(7) An election officer who provides notice under Subsection (2) shall send the notice, in writing, to the individual:
(a) by mail, at the most recent address the election officer has for the individual; and
(b)
(i) by email, if the election officer has an email address for the individual; or
(ii) by text to a phone number, if the election officer has a phone number for the individual and has received consent from the individual to send text messages to the phone number.
(8) No later July 1, 2026, the lieutenant governor shall, with the assistance of the county clerks as needed:
(a) conduct the review described in Subsection (1); and
(b) provide the notice described in Subsections (7) and (8).
Enacted by Chapter 408, 2026 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title20A/Chapter2/20A-2-S508.html?v=C20A-2-S508_2026050620260506Fetched: 10/26/2026