Utah governor likely to sign legislation phasing out universal mail ballots

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Utah Legislature Approves Bill to End Automatic Mail-In Ballots

Utah’s Republican-controlled Legislature passed a bill that would end the practice of automatically mailing ballots to all registered voters, marking a significant shift in the state’s election procedures. The proposed law, which now awaits Governor Spencer Cox’s signature, would require voters to opt in to receive their ballots by mail. Additionally, voters returning ballots by mail or drop box would need to provide the last four digits of their driver’s license, state ID, or Social Security number on the return envelope. Starting in 2029, in-person voters would also be required to show a valid ID. If signed into law, Utah would join a growing list of states moving away from universal mail-in voting, leaving only eight Democrat-led states that continue to allow all elections to be conducted entirely by mail without requiring voters to opt in.


Security and Efficiency: The Rationale Behind the Bill

Proponents of the bill argue that the changes are designed to enhance election security and restore public trust in the electoral process. Governor Cox expressed strong support for the measure, calling it a “brilliant bill” that addresses concerns about election integrity. While acknowledging that there is no evidence of widespread fraud in Utah’s elections, Cox emphasized the need to improve the speed of vote counting. He noted that delayed results, which can take weeks due to the current system, create opportunities for misinformation and distrust among voters. The bill aims to accelerate the counting process by requiring all ballots to be in the possession of county clerks by 8 p.m. on Election Day, rather than allowing ballots postmarked by the day before the election to be counted up to two weeks later.


Debates Over Election Security and Voter Access

The bill has sparked intense debate among lawmakers, with Democrats and Republicans offering differing perspectives on its implications. Recent legislative audits found no evidence of widespread fraud in Utah’s elections but did identify delays in removing deceased individuals from voter rolls. Republicans argued that these findings justify additional security measures, such as requiring ID numbers on ballot envelopes and in-person ID checks. Senate Majority Whip Mike McKell stated, “We have high confidence in vote by mail, but we also have concerns with security. This bill aims to balance security and ease of voting.”

On the other hand, Democrats criticized the changes as unnecessary and potentially harmful, arguing that they could make voting more difficult for some residents. Democratic Senator Nate Blouin accused Republicans of fueling conspiracy theories about election security by passing the bill. Despite these concerns, the bill passed with veto-proof margins in the House and fell just one vote short of a veto-proof majority in the Senate. If Governor Cox vetoes the bill, Republican supporters would need to secure one additional Senate vote to override it.


Opt-In vs. Opt-Out: A Shift in Voter Responsibility

The shift from an opt-out to an opt-in system for mail-in ballots represents a significant change in how Utah voters will engage with elections. Currently, ballots are automatically mailed to all registered voters, a system that has been in place for several years. Under the new law, voters who wish to receive their ballots by mail would need to actively opt in, adding an extra step to the process. Proponents argue that this change will help ensure that ballots are sent only to active voters, reducing the potential for unused ballots to be misplaced or misused. However, Democrats and some voting rights advocates worry that the opt-in requirement could lead to lower voter participation, particularly among those who are less engaged in the political process.


The Numbers and the Tradition: Utah’s Unique Position

Utah has long been a leader in mail-in voting, adopting the practice in 2019. The state’s system has been widely praised for its efficiency and accessibility, with the vast majority of Utah residents choosing to mail in their ballots or deposit them in drop boxes. However, the passage of this bill signals a break from the state’s tradition of universal mail-in voting. If signed into law, Utah would leave behind a group of eight states—all Democrat-led—that continue to allow all elections to be conducted by mail without requiring voters to opt in. While Governor Cox has expressed confidence in the state’s election security, he has also emphasized the need to address perceptions of fraud, even in the absence of evidence.


County Clerks and Tribal IDs: Balancing Security and Accessibility

The bill has also drawn mixed reactions from county clerks, who play a critical role in implementing election procedures. Earlier versions of the bill faced strong opposition from clerks, who raised concerns about the potential impact on election security and administration. While they have since withdrawn their formal opposition, some clerks continue to express concerns. Weber County Clerk Ricky Hatch warned that prioritizing ID number checks over signature matching could lead to an increase in voter fraud, as ID numbers are easier to obtain than forged signatures. Despite these concerns, Hatch acknowledged that the bill’s sponsors had committed to addressing lingering issues through future collaboration.

One notable revision to the bill was the inclusion of tribal IDs as an acceptable form of identification, addressing concerns that Native American voters might be disenfranchised. Utah holds a unique place in history as the last state to grant Native Americans the right to vote, and lawmakers were keen to ensure that the new requirements would not create barriers for tribal communities. This revision helped alleviate some of the concerns about voter access, though broader questions about the bill’s impact on election security and voter participation remain unanswered.

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