Key Election Bills Before the 2026 Legislature
By Marilyn Momeny
The right to vote stands among the most fundamental rights of American citizenship. When confidence in elections erodes, the damage extends far beyond any single contest—it weakens public trust in government itself. In recent years, national debates over election administration, from the 2000 “hanging chads” presidential recount to allegations of fraud in 2020, have intensified scrutiny of how states run elections. Utah has experienced its share of election turmoil. For that reason, lawmakers continue to refine laws to preserve both voter access and election integrity. The 2026 legislative session reflects that ongoing effort.
Several bills now before the Utah Legislature aim to strengthen safeguards, clarify rules, and rebuild public trust in the system. Together, they raise an essential question: how can Utah ensure that every eligible voter can participate while guaranteeing that only lawful votes count? The answer lies in careful, practical reforms.
Citizenship and Voting
Utah and federal law clearly prohibit noncitizens from voting. Despite that prohibition, the voter registration process currently relies on self-attestation. In other words, registrants simply check a box affirming U.S. citizenship and sign the form, but they do not submit documentary proof. The state must balance two goals: it should protect access for eligible voters while also making sure that only lawful voters cast ballots.
In practice, the Driver License Division (DLD) verifies citizenship documentation for many residents, yet a few loopholes have been identified. Through whistleblowers and voluntary disclosures, officials have documented instances where noncitizens registered or voted in Utah elections. Even when rare, such cases undermine confidence and highlight vulnerabilities that weaken public confidence in the system.
House Bill 209, sponsored by Representative A. Cory Maloy, addresses this issue. The bill requires foreign-born individuals to present proof of citizenship, such as naturalization papers, a U.S. passport, or a Utah Real ID drivers license or identification card, when registering to vote. Rather than relying solely on an honor system, the proposal directs election officials or the DLD to verify citizenship using documents. Supporters say this adds a reasonable safeguard without burdening eligible voters. The House passed the bill and it is now heading to the Senate for committee discussion and vote in the coming weeks.
Photo ID to Submit a Ballot
Most Americans support voter ID laws. In fact, a recent Rasmussen survey reported that 73% of likely voters view photo ID requirements as a reasonable way to protect election integrity. Utah’s current vote-by-mail system is convenient, but critics say that it does not do enough to verify voters when ballots are submitted.
Representative Jefferson Burton has proposed a reform to address this concern. Under his proposal, ballots would still be mailed to voters about three weeks before Election Day, allowing citizens time to fill them out at home. To return a ballot, voters would bring it to a ballot collection center and show a photo ID before submitting it. This system is similar to ID requirements used in many everyday activities and improves confidence that ballots are counted from verified voters.
A similar bill was presented in 2025, but the photo ID requirement was removed before it passed. After gathering additional feedback, Representative Burton plans to reintroduce an improved version in 2026. Lawmakers will need to decide whether Utah can tweak its vote-by-mail system by adding in-person ID checks that increase trust without discouraging voter participation.
Voter Roll Data and Transparency
Accurate voter rolls are essential for fair elections. The National Voter Registration Act (NVRA) requires states to make voter registration records available for public inspection so they can be checked for accuracy. In 2018, Utah passed legislation that allowed voters to mark their records as “private” and later, as “withheld.” Lawmakers initially intended those protections for people who face real safety risks, such as judges, police officers, and victims of domestic violence.
Over time, use of these privacy designations expanded dramatically. Today, an estimated 40% of Utah voter registrations cannot be viewed by the public. While privacy matters to every citizen, excessive secrecy creates distrust. When close to half of voter records remain hidden, it becomes harder to verify accuracy, and suspicion grows.
Recognizing the problem, legislators, election officials, and representatives from multiple political parties over the past couple of years met to negotiate a compromise. The result of their efforts is Senate Bill 153, sponsored by Senator John Johnson. The bill specifies which voter data fields should remain public while keeping sensitive personal information protected. There were some minor concerns expressed in the committee discussion, so the Sponsor has agreed to make a few changes and publish an updated version before the Senate votes. The bill aims to protect personal privacy while restoring transparency and trust in the voter rolls.
Additional Election Measures
Lawmakers have also introduced several other election-related bills. Representative Ryan Wilcox has proposed making Election Day a state holiday, a change supporters say could increase voter participation. Representative Paul Cutler has advanced legislation establishing cybersecurity standards for election equipment, reflecting ongoing concern over digital threats.
Several bills focus on the signature-gathering process for petitions, including a bill by Representative Cutler requiring all signature gatherers to complete an online training course; and two proposals from Representative Lisa Shepherd that would require officials to post the names of petition signers for 90 days, and require signatures to be verified by election officials in the signer’s county of residence.
Representative Andrew Stoddard has introduced legislation changing how Utah’s presidential electors cast votes in the electoral college. Also, new rules for political advertising have been proposed in separate bills by Representatives Sahara Hayes and Jordan Teuscher.
Utah’s 2026 legislative session promises lively debate, and that debate is healthy. Election laws should evolve as technology changes, populations shift, and new vulnerabilities emerge. Thoughtful reforms strengthen voter confidence. Ultimately, Utah’s success depends on legislators choosing transparency and verification while ensuring that elections are fair, open and trusted by the people.