§ 20A-5-410 — Election officer to provide voting history information and status -- Restrictions.

(1) As used in this section, "voting history record" means the following information relating to a registered voter:
(1)(a) the information in the voter's voter registration record, other than the information classified as private under Subsection 63G-2-302(1)(j);
(1)(b) the voter's privacy status;
(1)(c) the voter's status as active or inactive;
(1)(d) the voter's voter identification number;
(1)(e) the voter's federal information processing system code;
(1)(f) the voter's precinct;
(1)(g) each political district in which the voter is a resident;
(1)(h) a list of elections in which the voter voted;
(1)(i) whether the voter voted in person on election day;
(1)(j) whether the voter voted in person before election day;
(1)(k) whether the voter returned a mailed ballot;
(1)(l) whether the voter's ballot was mailed to an alternate address; and
(1)(m) the date on which the voter voted or on which the voter returned a mailed ballot.
(2) (2)(a) Each election officer shall maintain, in the election officer's office, a voting history record of those voters registered to vote in the election officer's jurisdiction.
(2)(b) The voting history record is a public record under Title 63G, Chapter 2, Government Records Access and Management Act, except:
(2)(b)(i) as it relates to a voter whose voter registration record is classified as private under Subsection 63G-2-302(1)(k) or (l); or
(2)(b)(ii) a record or information described in Subsection 63G-2-302(1)(n).
(3) (3)(a) When an election officer reports voting history for an election, the election officer shall, for each voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), report the following, for that election only, without disclosing the identity of the voter:
(3)(a)(i) for voting by mail, the information described in Subsection (4)(a);
(3)(a)(ii) for early voting, the date the individual voted; and
(3)(a)(iii) for voting on election day, the date the individual voted.
(3)(b) In relation to the information of a voter whose voter registration is classified as private under Subsection 20A-2-104(4)(h), a report described in Subsection (3)(a) may not disclose, by itself or in conjunction with any other public information, the identity or any other personal identifying information of the voter.
(4) Subject to Subsection (5), the election officer shall ensure that the voting history record kept by the election officer for each voting precinct contains:
(4)(a) for voting by mail:
(4)(a)(i) the date that the manual ballot was mailed to the voter; and
(4)(a)(ii) the date that the voted manual ballot was received by the election officer;
(4)(b) for early voting:
(4)(b)(i) the name and address of each individual who participated in early voting; and
(4)(b)(ii) the date the individual voted; and
(4)(c) for voting on election day, the name and address of each individual who voted on election day.
(5) Subsection (4) does not authorize the disclosure of the information described in Subsection (4) beyond the extent expressly provided in Subsections (2) and (3).
(6) (6)(a) Notwithstanding the time limits for response to a request for records under Section 63G-2-204 or the time limits for a request for records established in any ordinance, the election officer shall ensure that the information required to be disclosed under this section is recorded and made available to the public no later than one business day after the day on which the election officer receives the information.
(6)(b) Notwithstanding the fee requirements of Section 63G-2-203 or the fee requirements established in any ordinance, the election officer shall make copies of the voting history record available to the public, in accordance with this section, for the actual cost of production or copying.

Legislative History

Amended by Chapter 188, 2025 General Session; Amended by Chapter 448, 2025 General Session