16-168

16-168. Precinct registers; date of
preparation; contents; copies; reports; statewide database;
violation; classification

A. By the tenth day preceding the primary and general elections the county recorder
shall prepare from the original registration forms or from electronic media at least four
lists that are printed or typed on paper of all qualified electors in each precinct in
the county, and the lists shall be the official precinct registers.

B. The official precinct registers for use at the polling place shall contain at
least the names in full, party preference, date of registration and residence address of
each qualified elector in the respective precincts. The names shall be in alphabetical
order and, in a column to the left of the names, shall be numbered consecutively
beginning with number 1 in each precinct register.

C. For the purposes of transmitting voter registration information as prescribed by
this subsection, electronic media shall be the principal media. A county or state
chairman who is eligible to receive copies of precinct lists as prescribed by this
subsection may request that the recorder provide a paper copy of the precinct lists. In
addition to preparing the official precinct lists, the county recorder shall provide a
means for electronically reproducing the precinct lists. Unless otherwise agreed, the
county recorder shall deliver one electronic media copy of each precinct list in the
county without charge and on the same day within eight days after the close of
registration for the primary and general elections to the county chairman and one
electronic media copy to the state chairman of each party that has at least four
candidates other than presidential electors appearing on the ballot in that county at the
current election. The secretary of state shall prescribe the manner, format and template
in which all county recorders provide this data to the secretary of state to ensure that
the submissions are uniform from all counties in this state. The electronic media copies
of the precinct lists that are delivered to the party chairmen shall include for each
elector the following information:

1. Name in full and appropriate title.

2. Party preference.

3. Date of registration.

4. Residence address.

5. Mailing address, if different from residence address.

6. Zip code.

7. Telephone number if given.

8. Birth year.

9. Occupation if given.

10. Voting history for all elections in the prior four years and any other
information regarding registered voters that the county recorder or city or town clerk
maintains electronically and that is public information.

11. All data relating to permanent early voters and nonpermanent early voters,
including ballot requests and ballot returns.

D. The names on the precinct lists shall be in alphabetical order and the precinct
lists in their entirety, unless otherwise agreed, shall be delivered to each county
chairman and each state chairman within ten business days of the close of each date for
counting registered voters prescribed by subsection G of this section other than the
primary and general election registered voter counts in the same format and media as
prescribed by subsection C of this section. During the thirty-three days immediately
preceding an election and on request from a county or state chairman, the county recorder
shall provide at no cost a daily list of persons who have requested an early ballot and
shall provide at no cost a weekly listing of persons who have returned their early
ballots. The recorder shall provide the daily and weekly information through the Friday
preceding the election. On request from a county chairman or state chairman, the county
recorder of a county with a population of more than eight hundred thousand persons shall
provide at no cost a daily listing of persons who have returned their early ballots. The
daily listing shall be provided Mondays through Fridays, beginning with the first Monday
following the start of early voting and ending on the Monday before the election.

E. Precinct registers and other lists and information derived from registration
forms may be used only for purposes relating to a political or political party activity,
a political campaign or an election, for revising election district boundaries or for any
other purpose specifically authorized by law and may not be used for a commercial purpose
as defined in section 39-121.03. The sale of registers, lists and information derived
from registration forms to a candidate or a registered political committee for a use
specifically authorized by this subsection does not constitute use for a commercial
purpose. The county recorder, on a request for an authorized use and within thirty days
from receipt of the request, shall prepare additional copies of an official precinct list
and furnish them to any person requesting them on payment of a fee equal to five cents
for each name appearing on the register for a printed list and one cent for each name for
an electronic data medium, plus the cost of the blank computer disk or computer software
if furnished by the recorder, for each copy so furnished.

F. Any person in possession of a precinct register or list, in whole or part, or
any reproduction of a precinct register or list, shall not permit the register or list to
be used, bought, sold or otherwise transferred for any purpose except for uses otherwise
authorized by this section. A person in possession of information derived from voter
registration forms or precinct registers shall not distribute, post or otherwise provide
access to any portion of that information through the internet except as authorized by
subsection J of this section. Nothing in this section shall preclude public inspection of
voter registration records at the office of the county recorder for the purposes
prescribed by this section, except that the month and day of birth date, the social
security number or any portion thereof, the driver license number or nonoperating
identification license number, the Indian census number, the father's name or mother's
maiden name, the state or country of birth and the records containing a voter's signature
shall not be accessible or reproduced by any person other than the voter, by an
authorized government official in the scope of the official's duties, for signature
verification on petitions and candidate filings, for election purposes and for news
gathering purposes by a person engaged in newspaper, radio, television or reportorial
work, or connected with or employed by a newspaper, radio or television station or
pursuant to a court order. A person who violates this subsection or subsection E of this
section is guilty of a class 6 felony.

G. The county recorder shall count the registered voters by political party by
precinct, legislative district and congressional district as follows:

1. In even numbered years, the county recorder shall count all persons who are
registered to vote as of:

(a) January 1.

(b) March 1.

(c) June 1.

(d) The last day on which a person may register to be eligible to vote in the next
primary election.

(e) The last day on which a person may register to be eligible to vote in the next
general election.

(f) The last day on which a person may register to be eligible to vote in the next
presidential preference election.

2. In odd numbered years, the county recorder shall count all persons who are
registered to vote as of:

(a) January 1.

(b) April 1.

(c) July 1.

(d) October 1.

H. The county recorder shall report the totals to the secretary of state as soon as
is practicable following each of the dates prescribed in subsection G of this section.
The report shall include completed registration forms returned in accordance with section
16-134, subsection B. The county recorder shall also provide the report in a uniform
electronic computer media format that shall be agreed on between the secretary of state
and all county recorders. The secretary of state shall then prepare a summary report for
the state and shall maintain that report as a permanent record.

I. The county recorder and the secretary of state shall protect access to voter
registration information in an auditable format and method specified in the secretary of
state's electronic voting system instructions and procedures manual that is adopted
pursuant to section 16-452.

J. The secretary of state shall develop and administer a statewide database of
voter registration information that contains the name and registration information of
every registered voter in this state. The statewide database is a matter of statewide
concern and is not subject to modification or further regulation by a political
subdivision. The database shall include an identifier that is unique for each individual
voter. The database shall provide for access by voter registration officials and shall
allow expedited entry of voter registration information after it is received by county
recorders. As a part of the statewide voter registration database, county recorders shall
provide for the electronic transmittal of that information to the secretary of state on a
real time basis. The secretary of state shall provide for maintenance of the database,
including provisions regarding removal of ineligible voters that are consistent with the
national voter registration act of 1993 (P.L. 103-31; 107 Stat. 77; 42 United States Code
section 394) and the help America vote act of 2002 (P.L. 107-252; 116 Stat. 1666; 42
United States Code sections 15301 through 15545), provisions regarding removal of
duplicate registrations and provisions to ensure that eligible voters are not removed in
error. For the purpose of maintaining compliance with the help America vote act of 2002,
each county voter registration system is subject to approval by the secretary of state
for compatibility with the statewide voter registration database system.

K. Except as provided in subsection L of this section, for requests for the use of
registration forms and access to information as provided in subsections E and F of this
section, the county recorder shall receive and respond to requests regarding federal,
state and county elections.

L. Beginning January 1, 2008, recognized political parties shall request precinct
lists and access to information as provided in subsections E and F of this section during
the time periods prescribed in subsection C or D of this section and the county recorder
shall receive and respond to those requests. If the county recorder does not provide the
requested materials within the applicable time prescribed for the county recorder
pursuant to subsection C or D of this section, a recognized political party may request
that the secretary of state provide precinct lists and access to information as provided
in subsections E and F of this section for federal, state and county elections. The
secretary of state shall not provide access to precinct lists and information for
recognized political parties unless the county recorder has failed or refused to provide
the lists and materials as prescribed by this section. The secretary of state may charge
the county recorder a fee determined by rule for each name or record produced.

M. For municipal registration information in those municipalities in which the
county administers the municipal elections, county and state party chairmen shall request
and obtain voter registration information and precinct lists from the city or town clerk
during the time periods prescribed in subsection C or D of this section. If the city or
town clerk does not provide that information within the same time prescribed for county
recorders pursuant to subsection C or D of this section, the county or state party
chairman may request and obtain the information from the county recorder. The county
recorder shall provide the municipal voter registration and precinct lists within the
time prescribed in subsection C or D of this section.

N. The county recorders and the secretary of state shall not prohibit any person or
entity prescribed in subsection C of this section from distributing a precinct list to
any person or entity that is deemed to be using the precinct list in a lawful manner as
prescribed in subsections E and F of this section.