§ 20A-2-107 — Designating or changing party affiliation -- Times permitted.

(1) As used in this section, "change of affiliation deadline" means:
(1)(a) for an election held in an even-numbered year in which a presidential election will be held, the day after the declaration of candidacy deadline described in Subsection 20A-9-201.5(1); or
(1)(b) for an election held in an even-numbered year in which a presidential election will not be held, April 1.
(2) The county clerk shall:
(2)(a) except as provided in Subsection (6) or 20A-2-107.5(3), record the party affiliation designated by the voter on the voter registration form as the voter's party affiliation; or
(2)(b) if no political party affiliation is designated by the voter on the voter registration form:
(2)(b)(i) except as provided in Subsection (2)(b)(ii), record the voter's party affiliation as the party that the voter designated the last time that the voter designated a party on a voter registration form, unless the voter more recently registered as "unaffiliated"; or
(2)(b)(ii) record the voter's party affiliation as "unaffiliated" if the voter:
(2)(b)(ii)(A) did not previously designate a party;
(2)(b)(ii)(B) most recently designated the voter's party affiliation as "unaffiliated"; or
(2)(b)(ii)(C) did not previously register.
(3) (3)(a) Any registered voter may designate or change the voter's political party affiliation by complying with the procedures and requirements of this Subsection (3).
(3)(b) A registered voter may designate or change the voter's political party affiliation by filing with the county clerk, the municipal clerk, or the lieutenant governor a voter registration form or another signed form that identifies the registered political party with which the voter chooses to affiliate.
(3)(c) Except as provided in Subsection (3)(d), a voter registration form or another signed form designating or changing a voter's political party affiliation takes effect when the county clerk receives the signed form.
(3)(d) The party affiliation of a voter who changes party affiliation, or who becomes unaffiliated from a political party, at any time on or after the change of affiliation deadline and on or before the date of the regular primary election, takes effect the day after the statewide canvass for the regular primary election.
(4) For purposes of Subsection (3)(d), a form described in Subsection (3)(c) is received by the county clerk before the change of affiliation deadline if:
(4)(a) the individual submits the form in person at the county clerk's office no later than 5 p.m. on the last business day before the change of affiliation deadline;
(4)(b) the individual submits the form electronically through the system described in Section 20A-2-206, at or before 11:59 p.m. before the day of the change of affiliation deadline; or
(4)(c) the individual's form is clearly postmarked before the change of affiliation deadline.
(5) Subsection (3)(d) does not apply to the party affiliation designated by a voter on a voter registration form if:
(5)(a) the voter has not previously been registered to vote in the state; or
(5)(b) the voter's most recent party affiliation was changed to "unaffiliated" by a county clerk under Subsection (6).
(6) If the most recent party affiliation designated by a voter is for a political party that is no longer a registered political party, the county clerk shall:
(6)(a) change the voter's party affiliation to "unaffiliated"; and
(6)(b) notify the voter electronically or by mail:
(6)(b)(i) that the voter's affiliation has been changed to "unaffiliated" because the most recent party affiliation designated by the voter is for a political party that is no longer a registered political party; and
(6)(b)(ii) of the methods and deadlines for changing the voter's party affiliation.

Legislative History

Amended by Chapter 2, 2025 Special Session 2