Utah: Legislature enacts widespread election law changes, including Election-Day registration | The Salt Lake Tribune

The Legislature approved sweeping changes to Utah’s elections and voter registration laws that supporters say will ensure that people like Gerardo Navarro’s vote counts in November. Navarro was at state offices in Draper recently, renewing his driver license, but didn’t notice a box that asked him if he’d like to update his voter registration. Navarro’s not alone. One in three eligible voters didn’t check the box to update his or her registration in 2016, according to county clerks who spoke in favor of registering voters automatically when they interact with the Driver License Division. “A lot of people think that because they got their driver license they were registered,” said Weber County Clerk Auditor Ricky Hatch. “A lot of voters would come in, like in 2016, and say I’m registered,” try to vote, and find out they weren’t. Not only will they be more likely to be registered under HB218, which passed on Wednesday, those who were eligible and tried to vote on Election Day but weren’t registered will be able to do so in the next election.

Utah: House panel endorses bill to thwart GOP candidate nomination rule | Deseret News

Legislation aimed to thwart a newly passed Utah Republican Party rule threatening to expel candidates who gather signatures to get on the primary election ballot passed a House committee Monday. HB485 would ensure that candidates who have already filed for office would be allowed on the 2018 primary ballot. The measure would ensure that candidates can be on the ballot with their party affiliation, Rep. Mike McKell, R-Spanish Fork, told the House Business and Labor Committee. “We want clarity for this election,” he said. “We want candidates who decided to gather signatures and/or go to convention to feel comfortable with their decision, maintain the status quo.” The committee endorsed the bill 9-3, sending it to the full House for consideration.

Utah: San Juan County asks courts to pause redistricting that would give more political power to Navajo voters | The Salt Lake Tribune

San Juan County officials are trying to halt a federal judge’s decision to redraw voting district boundaries that would give Navajos more political power in the county. Lawyers for the county made their case in an emergency motion filed Tuesday in the United States’ 10th Circuit Court of Appeals. They objected to special elections being held this year and requested that the elections continue under the previous redistricting plan until the appeal has been decided. In his Dec. 21 ruling, U.S. District Judge Robert Shelby gave Navajo voters a majority in two of three commission districts and three of five school board districts. Shelby had ordered that all seats be vacated and that special elections be held in November.

Utah: Navajos make deal with San Juan County to end voting-rights lawsuit | The Salt Lake Tribune

A federal lawsuit saying San Juan County does not provide equal voting opportunities to Navajos has been settled less than a month before it was to go to trial. The two sides filed a joint motion Tuesday that listed the settlement’s terms — which include language assistance for Navajos at the polls — and asked U.S. District Judge Jill Parrish to dismiss the suit. The bench trial was to begin March 16. The measures will be in place for the 2018 elections. The ACLU of Utah says that according to the 2016 U.S. Census, 4,314 of the 10,275 adult citizen residents of San Juan County speak a language other than English or Spanish — primarily Navajo — with 766 of these residents, or 18 percent, also speaking English less than “very well.”

Utah: Settlement announced to create equal opportunities for Navajo voters | KUTV

A lawsuit was settled Wednesday regarding plaintiffs’ claims that San Juan County did not provide effective language assistance to Navajo-speaking voters and that Navajo voters had unequal voting opportunities in the county. The lawsuit originated in early 2016 over San Juan County’s decision to switch to a vote-by-mail system and offer in-person voting in only one place located in the majority-white section of the county.

Utah: Two bills to significantly affect voting in Utah | Deseret News

The House Government Operations Committee approved two bills Wednesday that may drastically affect voting in Utah. HB35, sponsored by Rep. Marc Roberts, R-Salem, would create a pilot program that will make it an option to implement rank-choice and approval forms of voting in certain nonpartisan municipal elections. In rank-choice voting, the voter ranks multiple candidates for one seat from most favorable to least favorable with a numbering system. Approval voting differs from rank-choice voting in that voters mark the candidates they approve and leave the others blank.

Utah: Expanding the right to vote past heads of households was a ‘grave mistake,’ writes Davis County Republican precinct chairman | The Salt Lake Tribune

Expanding voting rights to those who aren’t heads of households was a “grave mistake,” a GOP precinct chairman from Davis County wrote in a Sunday morning Facebook post. “The more I study history the more I think giving voting rights to others not head of household has been a grave mistake!” Casey Fisher posted on Facebook Sunday morning. Fisher did not respond to a request for comment Monday evening.

Utah: For Native Americans, a ‘Historic Moment’ on the Path to Power at the Ballot Box | The New York Times

In this county of desert and sagebrush, Wilfred Jones has spent a lifetime angered by what his people are missing. Running water, for one. Electricity, for another. But worst of all, in his view, is that the Navajo people here lack adequate political representation. So Mr. Jones sued, and in late December, after a federal judge ruled that San Juan County’s longtime practice of packing Navajo voters into one voting district violated the United States Constitution, the county was ordered to draw new district lines for local elections. The move could allow Navajo people to win two of three county commission seats for the first time, overturning more than a century of political domination by white residents. And the shift here is part of an escalating battle over Native American enfranchisement, one that comes amid a larger wave of voting rights movements spreading across the country.

Utah: Once again, Utah lawmakers try to eliminate straight ticket voting | KSTU

Rep. Bruce Cutler proudly describes himself as a Republican and a fiscal conservative. But he believes that’s not necessarily why you should vote for him. “I hate labels. I’m not one to like labels,” the state representative from Murray told FOX 13 recently. It’s partly why he’s proposing a bill in the 2018 legislative session that would eliminate straight ticket voting in Utah. “I just think that people need to vote for the person rather than the party. We’ve seen this on the national level,” he said, referring to the recent Alabama senate race involving Roy Moore, who faced accusations of sexual misconduct involving girls. (Rep. Cutler added he would not support Moore.)

Utah: San Juan County Wants To Appeal Navajo Voting Rights Ruling | KUER

San Juan County is asking a federal court to finalize a recent decision on voting districts. County leaders want to appeal the ruling, as the county’s Native American majority applauds it. U.S. District Judge Robert J. Shelby issued his decision a few days before Christmas. It basically requires San Juan County to hold a special election next year using new district boundaries for three commission seats and five school board posts. And it’s aimed at reflecting the Navajo majority. “People are very excited,” says Mark Maryboy, who was talking about the decision with other Navajos on Wednesday in Monument Valley. “They want to try to get some Navajo candidates to run for the county commission, school board and other county positions.”

Utah: New Voting Districts Drawn in Native Discrimination Suit | Associated Press

A federal judge has handed down new voting districts to replace those declared discriminatory against American Indian voters in southeastern Utah, but a prominent county commissioner said Friday that the county plans to appeal. The new election districts are designed to give an equal voice in local races to native residents who make up about half the population. Mark Maryboy called them a well-deserved victory that comes after a half century of struggle. “It means a great socio-economic development for the Navajo people in San Juan County,” said Maryboy, who is Navajo and a former county commissioner. “Navajos make better county officials. I don’t think Navajos will discriminate against the white county population.”

Utah: Errors led to rejection of thousands of votes in this month’s Utah elections | The Salt Lake Tribune

Did you hear the one about the hundreds of Utah County residents whose votes were rejected because they mailed them too late, forgot to sign them, sent in envelopes with no ballots or even tried casting votes for dead people? It’s no joke. All of that really happened, according to the state canvass of the special 3rd District Congressional election. That final official vote count occurred Monday, even though winning Rep. John Curtis, R-Utah, was sworn into office two weeks ago. State Auditor John Dougall — who along with the state treasurer, attorney general and lieutenant governor form the Board of Canvassers — requested data about why any votes were rejected.

Utah: Judge is poised to ‘adjust gerrymandering with gerrymandering,’ giving Navajos an edge in southern Utah county | The Salt Lake Tribune

History may be in the making in San Juan County this week when a judge holds hearings that could place the Navajo community in the political driver’s seat — a stark departure from the past century dominated by Anglos. On Thursday, federal Judge Robert Shelby will hold public hearings in Monticello at 10:30 a.m. and Bluff at 3:30 p.m. regarding several map proposals — all of which most likely would lead to Navajos holding majorities on the two most powerful government bodies in the county.

Utah: Elections office fills in blank ovals on ballots | Daily Herald

While this year’s elections have seen some interesting twists, one of the most problematic could be the printed stickers used by those voting for Provo mayoral write-in candidate, Odell Miner. In a generous move, Miner had transparent stickers printed with his name and a filled-in voting oval or bubble to affix to the mail-in ballot in the hopes of making things easier for those voting for him. Bryan Thompson, Utah County clerk/auditor, was uneasy about Miner using the stickers in case a reading machine got jammed or had some other problem. However, Thompson said he couldn’t stop Miner from doing it either. “I told Odell you may not see all of your count,” Thompson said.

Utah: Utah County makes changes to avoid vote-by-mail glitches faced in primary | Daily Herald

It’s no secret that Utah County faced some issues during its first foray into an all vote-by-mail election during the August primary, but the county is taking steps to make sure the general election goes more smoothly. The issues started when 60,000 ballots were sent to unaffiliated voters in the county, mistakenly containing the option to vote in the Republican primary for the 3rd Congressional District Race. Then final results were drawn out, with the fourth and final batch of election results being released more than a week after the primary election on Aug. 15.

Utah: Voter Rolls Lawsuit Still Active, Even If Trump’s Fraud Commission Isn’t | KUER

A lawsuit over Utah’s voter rolls is still up in the air — and so might President Trump’s voter fraud commission that requested the data in the first place. President Trump created the Election Integrity Commission at the beginning of his term to investigate unsubstantiated claims of voter fraud during the election — costing him the popular vote, so he claimed. That led to a blanket request to all 50 states for their voting rolls, including more sensitive data such as birth dates and voting history.

Utah: Navajo case challenging Utah mail-in ballots heads to trial | Santa Fe New Mexican

A lawsuit filed by members of the Navajo Nation who say mail-in voting in southern Utah disenfranchises tribal voters is headed for trial. U.S. District Judge Jill Parrish set a March 16 trial date Thursday in the case filed by the Navajo Nation Human Rights Commission and the American Civil Liberties Union of Utah. Mail-in ballots are harder for Navajo voters to receive because many don’t have mailboxes and can be difficult to use for people who speak Navajo, said John Mejia with the ACLU.

Utah: Records committee: Attorney General opinion on special election should be public | Deseret News

A legal opinion sought by the Utah Legislature about the special election to fill former Rep. Jason Chaffetz’s seat in Congress should be made public, the State Records Committee determined Thursday. Attorney General Sean Reyes’ office wrote an opinion but withheld it from the public, citing an ethical concern over a potential conflict of interest with Gov. Gary Herbert and Lt. Gov. Spencer Cox, who set up the special election over protests from lawmakers. The opinion was a key point in the dispute earlier this year between both Republican and Democratic lawmakers and the GOP governor over who should have established the process for the special election for the remaining year of Chaffetz’s term.

Utah: Governor wishes GOP would drop lawsuit challenging new election law | The Salt Lake Tribune

Gov. Gary Herbert wished aloud Thursday that the Utah Republican Party would drop its lawsuit challenging the state’s new election law, which is driving a wedge between the party’s right wing and moderates. But he concedes that maneuvering by conservatives has probably successfully forced party leaders to proceed against his wishes — and their own. When asked at his monthly KUED news conference if the GOP should drop the lawsuit, Herbert said, “They would be wise to do that.” The suit challenges SB54, which allows candidates to qualify for a primary election by collecting signatures and/or the traditional caucus-convention system.

Utah: Suit over vote-by-mail procedures in San Juan County is headed to trial | The Salt Lake Tribune

After recent rulings by a federal judge, a lawsuit that alleges San Juan County does not provide effective language assistance and equal voting opportunities to Navajos will go to trial. The Navajo Human Rights Commission and seven members of the Navajo Nation filed suit in February 2016 claiming San Juan County had violated the federal Voting Rights Act by closing polling places ahead of the 2014 election and moving toward a mail-only voting system, hindering access to the ballot box. The defendants — San Juan County, Clerk John David Nielson, and county Commissioners Phil Lyman, Bruce Adams and Rebecca Benally — filed a counterclaim against the plaintiffs, alleging the suit is based on fabricated claims and seeking a declaration that the voting procedures comply with the Voting Rights Act and the U.S. Constitution.

Utah: Voting rights lawsuit over Navajo voting rights in San Juan County to advance to trial | Utah policy

Last week, U.S. District Court Judge Jill Parrish issued a decision in Navajo Nation Human Rights Council v. San Juan County, et al, allowing the lawsuit to proceed to a trial on the merits of the plaintiffs’ claims that San Juan County is not providing effective language assistance to Navajo-speaking voters and is providing unequal voting opportunities to Navajo voters. The plaintiffs, the Navajo Nation Human Rights Council and several individual members of the Navajo Nation, are represented by counsel from DLA Piper, the Lawyers’ Committee for Civil Rights Under Law, ACLU of Utah, and the ACLU Voting Rights Project. In the lawsuit, plaintiffs challenged San Juan County’s decision to switch to a mail-only voting system and offer in-person early voting only in the majority white part of the County.  After plaintiffs sued in early 2016, the County announced it would reopen a limited number of polling places for election day voting and in future elections. Plaintiffs continue to assert that the County is violating the federal Voting Rights Act and the United States Constitution.

Utah: Judge won’t toss lawsuit over vote-by-mail in San Juan County | KSTU

A federal judge has issued a split ruling in a lawsuit filed over vote-by-mail in Utah’s largest county. The Navajo Nation Human Rights Commission, backed by the ACLU of Utah, sued San Juan County over its decision to switch to vote-by-mail. They argue a reduced number of polling places burdens Navajo voters, who have to drive hours to vote. Navajo is also an unwritten language making vote-by-mail more difficult.

Utah: Count My Vote may take initiatve to the ballot because of constant efforts to dismantle SB54 | Utah Policy

The organizers behind Count My Vote say they’re encouraged the SB54 compromise worked beautifully in the recent GOP 3rd CD primary election. But, the ongoing effort to undo that agreement may push them to take the issue of eliminating the caucus system directly to the people. UtahPolicy.com previously reported that Count My Vote was readying to refile their petition initiative to do away with the caucus/delegate/convention route to the ballot, leaving only a direct primary. Rich McKeown says the constant effort to do away with the legislative compromise has changed the dynamic. “It has been an absolute struggle,” said McKeown. “We have given some thought about taking this to the people. It never went to the people. It was a compromise with the legislature, so that’s the consideration we have. We’re trying to assess the landscape and trying to determine whether to move forward.”

Utah: ‘Count My Vote’ readying 2018 ballot initiative to eliminate caucus/convention system for nominating candidates | Utah Policy

UtahPolicy.com has been told that the group behind Count My Vote has decided to run a citizen initiative petition in 2018 that will do away with the caucus/delegate/convention route for candidates and only allow candidates to get on the primary and general election ballots via gathering voter signatures. When CMV’s 2014 petition was in public discussion, various polls showed a majority of citizens supported the so-called “direct primary” option. Also, UtahPolicy is told the new initiative will say that any vacancy in a partisan office will be filled by special election. Right now it is usually filled by appointment by local party officials.

Utah: County Clerk: Waiting several days for election results may be the new norm | Daily Herald

Vote-by-mail has put a whole new spin on determining election results. Though the Associated Press declared Provo Mayor John Curtis the winner Tuesday night in a three-way Republican primary for the 3rd Congressional District, his opponent Chris Herrod has still not conceded, and thousands of votes wait to be counted in Utah County alone. Dozens of mayoral and city council candidates also await final results to see if they advanced to the general election Nov. 7. Utah County Clerk/Auditor Bryan Thompson says he has had multiple candidates and city officials express frustration with the delay, but more results will likely not be released until Friday.

Utah: Ballot blunder causes confusion at polls | Deseret News

Utah County voters reported continued confusion at the polls Tuesday after more than 68,000 unaffiliated voters received incorrect mail-in primary election ballots. While unaffiliated voters could still cast ballots in the Republican 3rd Congressional District primary race, those who received the incorrect ballot had to bring that ballot to a polling station and choose to affiliate as a Republican to vote in the GOP primary. The situation was confusing for some voters who either discarded the ballot or already sent it in, not knowing their vote in the Republican primary would not be counted unless they went to the polls to affiliate with the party. Utah County elections officials made efforts to correct the issue and clear up confusion by sending out nearly 70,000 mailers, informing those unaffiliated voters that they could bring their ballots to the polls, affiliate with the Republican Party and cast a vote in the 3rd District race.

Utah: Residents Help Officials Vet New Voting Machines | Associated Press

Utah election officials at the Capitol brought voters in to test out new voting machines with a goal of finding a system that is secure and quickly counts ballots from counties that do all-mail voting. The voter feedback from Wednesday will help an ongoing state process to choose the best provider of voting equipment for county officials, Utah Director of Elections Mark Thomas said. Vetting should be completed in the next couple of months, Thomas said. The new technology will provide counties with cost benefits, but the Legislature has appropriated only $270,000 toward replacing the machines.

Utah: Security on mind as state auditions new voting machines, software | Deseret News

Just last weekend, a long-running hackers convention in Las Vegas lined up a dozen U.S. electronic voting machines, many of which were obtained from government auctions and second-hand sources like eBay, and unleashed attendees on them. By the end of the weekend, all of the machines had been breached in one form or another. And while most of the equipment was somewhat out of date in terms of technology, a few of the models are still in use. DefCon 25 organizers said the exercise was about illustrating and helping address security vulnerabilities in the U.S. election system, a popular national conversation topic following allegations that are still under investigation of outside meddling in the 2016 election cycle. On Wednesday, another lineup of voting machines popped up at the Utah Capitol. This time, however, the event was aimed at giving members of the public an opportunity to audition some of the latest in voting technology as part of a state process to choose a new provider of voting equipment for county officials who operate Utah elections.

Utah: Gov. Herbert Lukewarm On Redistricting Ballot Initative | KUER

Gov. Gary Herbert says he thinks a new ballot initiative to reform Utah’s redistricting process is worth considering, but isn’t ready to throw his support behind it. Herbert weighed in on the proposed independent redistricting commission Thursday during his monthly news conference at KUED. He said the trick to creating such a body would be ensuring its impartiality. “I think it’s worth having the discussion…if you can truly get it independent,” he said.  “Somebody has to make the appointment, and so you want to make sure when the appointment’s made that that’s an independent review…or  else you can have it just as biased as if you let the legislature do it.”

Utah: Counties seek state’s help with special election cost | Deseret News

County officials are asking the state to help cover the $1.5 million in primary and general election costs associated with filling the U.S. House seat in Utah’s 3rd Congressional District. State lawmakers, elections officials and a representative from the Utah Association of Counties discussed the cost expectations for the upcoming special election to replace Rep. Jason Chaffetz, R-Utah, during a Wednesday meeting at the Capitol. Running the special election simultaneously with municipal elections should keep the overall price tag down, officials said, but much of the costs will still fall on the counties. “Money can be saved if you run multiple elections at the same time,” said Justin Lee, deputy director of elections with the lieutenant governor’s office. “We are saving quite a bit of money, but we’re not saving all the money.”