DAR File No. 27127

Lieutenant Governor, Elections

R623-3

Utah State Plan on Election Reform

NOTICE OF PROPOSED RULE

DAR File No.: 27127
Filed: 04/28/2004, 04:16
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this executive rule is to incorporate by reference the Utah State Plan on Election Reform adopted by the State Plan Committee on September 25, 2003, pursuant to the Help America Vote Act, 42 U.S.C. 15404 and 15403(e).

Summary of the rule or change:

This rule incorporates by reference the Utah State Plan on Election Reform, as adopted by the State Plan Committee on Election Reform, on September 25, 2003, as required by 42 USC 15404. The State Plan is available for public inspection in the State Elections Office or the Division of Administrative Rules during regular business hours (8:00 a.m. to 5:00 p.m.). It is also available on the State Elections Office website at http://www.elections.utah.gov/. The requirements of this State Plan on Election Reform shall be implemented by the State of Utah, Office of the Lt. Governor, Elections Division, and the separate counties of the State of Utah.

State statutory or constitutional authorization for this rule:

Article VII, Sections 1, 5 and 14; Subsection 67-1a-2(2); 42 U.S.C. 15404; and 42 U.S.C. 15403(e)

State Plan on Election Reform, adopted September 25, 2003

Anticipated cost or savings to:

the state budget:

Over the course of then next 3 years, the State is eligible to receive approximately $28,000,000 in federal funds to ensure compliance with the Help America Vote Act (Pub. L. No. 107-252). The costs to the State have already been calculated and this rule does not increase or decrease those costs.

local governments:

As indicated in the State Plan, county governments will incur costs to implement the Help America Vote Act. The amount each county will incur depends on the number of registered voters in the county and the number of precincts. A breakdown of estimated costs per county is on file in the State Elections Office. The counties have calculated or are in the process of calculating their costs and this rule does not increase or decrease those costs.

other persons:

Because the State Plan is a guidance document for election reform at the state and county level, this rule will have no impact on other persons.

Compliance costs for affected persons:

Government entities will be affected by this rule. As indicated in the State Plan, county governments will incur costs to implement the Help America Vote Act. The amount each county will incur depends on the number of registered voters in the county and the number of precincts. A breakdown of estimated costs per county is on file in the State Elections Office. The counties have calculated or are in the process of calculating their costs and this rule does not increase or decrease those costs.

Comments by the department head on the fiscal impact the rule may have on businesses:

Because the State Plan is a guidance document for election reform at the state and county level, this rule will have no impact on businesses.

The full text of this rule may be inspected, during regular business hours, at the Division of Administrative Rules, or at:

Direct questions regarding this rule to:

Amy Naccarato or Leslie Barron at the above address, by phone at 801-538-1041 or 801-538-1526, by FAX at 801-538-1133 or 801-538-1133, or by Internet E-mail at anaccarato@utah.gov or lbarron@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

06/14/2004

This rule may become effective on:

06/15/2004

Authorized by:

Amy Naccarato, Director

RULE TEXT

R623. Lieutenant Governor, Elections.

R623-3. Utah State Plan on Election Reform.

R623-3-1. Purpose.

The purpose of this rule is to incorporate by reference the policies and procedures of the Utah State Plan on Election Reform adopted by the State Plan Committee on September 25, 2003.

R623-3-2. Authority.

This rule is authorized by 42 USC 15404; 42 USC 15403(e); Utah Code Subsection 67-1a-2(2); and Utah Constitution Article VII, Sections 1, 5 and 14.

R623-3-3. Incorporation of the Utah State Plan on Election Reform.

The State Elections Office incorporates by reference the Utah State Plan on Election Reform adopted on September 25, 2003. The Utah State Plan on Election Reform was published in the Federal Register (69 FR14002) on March 24, 2004.

KEY: elections, state plan, federal election reform

June 15, 2004

Article VII, Sections 1, 5, and 14

67-1a-2(2)

42 U.S.C. 15404

42 U.S.C. 15403(e)

ADDITIONAL INFORMATION

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For questions regarding the content or application of this rule, please contact Amy Naccarato or Leslie Barron at the above address, by phone at 801-538-1041 or 801-538-1526, by FAX at 801-538-1133 or 801-538-1133, or by Internet E-mail at anaccarato@utah.gov or lbarron@utah.gov

For questions about the rulemaking process, please contact the Division of Administrative Rules (801-538-3764). Please Note: The Division of Administrative Rules is NOT able to answer questions about the content or application of these administrative rules.