H.B. 347 Enrolled

1

MUNICIPAL ELECTION LAW PROVISIONS
2 2007 GENERAL SESSION
3 STATE OF UTAH
4 Chief Sponsor: Douglas C. Aagard
5 Senate Sponsor: Gregory S. Bell
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code.
10 Highlighted Provisions:
11 This bill:
12 . makes technical amendments;
13 . modifies definitions;
14 . moves the date of the municipal primary election from October to September;
15 . modifies provisions governing the days and hours of poll operation for early voting
16 in local special elections, municipal primary elections, and municipal general
17 elections;
18 . provides that use of machines that provide disability access is not required for early
19 voting in local special elections, municipal primary elections, and municipal
20 elections;
21 . permits municipalities to combine up to four voting precincts into a single precinct
22 for voting purposes in municipal elections;
23 . provides that the use of electronic voting machines is not required for municipal
24 primary elections or municipal general elections;
25 . permits poll workers who are assigned to a voting precinct during a municipal
26 election to reside within the county, rather than within the precinct they are assigned
27 to; and
28 . adjusts the deadline for filing declarations of candidacy and nomination petitions for
29 municipal elections.

30 Monies Appropriated in this Bill:
31 None
32 Other Special Clauses:
33 None
34 Utah Code Sections Affected:
35 AMENDS:
36 10-3-201, as enacted by Chapter 48, Laws of Utah 1977
37 10-3-208, as repealed and reenacted by Chapter 209, Laws of Utah 2004
38 20A-1-102, as last amended by Chapters 16, 264 and 326, Laws of Utah 2006
39 20A-1-201.5, as last amended by Chapter 355, Laws of Utah 2006
40 20A-3-601, as enacted by Chapter 264, Laws of Utah 2006
41 20A-3-602, as enacted by Chapter 264, Laws of Utah 2006
42 20A-3-603, as enacted by Chapter 264, Laws of Utah 2006
43 20A-5-301, as last amended by Chapter 292, Laws of Utah 2003
44 20A-5-302, as last amended by Chapter 5, Laws of Utah 2005, First Special Session
45 20A-5-602, as last amended by Chapter 40, Laws of Utah 1998
46 20A-9-203, as last amended by Chapters 28 and 226, Laws of Utah 2006
47 20A-9-404, as last amended by Chapter 292, Laws of Utah 2003
48
49 Be it enacted by the Legislature of the state of Utah:
50 Section 1. Section 10-3-201 is amended to read:
51 10-3-201. Municipal general election -- Terms of office.
52 (1) [On] Consistent with Section 20A-1-202 , on the Tuesday after the first Monday in
53 November[, 1977, and biennially thereafter, an election] in odd-numbered years, a municipal
54 general election shall be held in all municipalities to fill all elective offices vacated by 12
55 o'clock noon on the first Monday in the January following the election. The officers elected
56 shall continue in the office to which they were elected for four years except in case of death,
57 resignation, removal or disqualification from office.

58 (2) The officers so elected shall begin their term of office at 12 o'clock noon on the
59 first Monday in January following their election.
60 Section 2. Section 10-3-208 is amended to read:
61 10-3-208. Campaign finance statement in municipal election.
62 (1) As used in this section:
63 (a) "Reporting date" means:
64 (i) ten days before a municipal general election, for a campaign finance statement
65 required to be filed no later than seven days before a municipal general election; and
66 (ii) the day of filing, for a campaign finance statement required to be filed no later than
67 30 days after a municipal primary or general election.
68 (b) "Reporting limit" means:
69 (i) $50; or
70 (ii) an amount lower than $50 that is specified in an ordinance of the municipality.
71 (2) (a) (i) Each candidate for municipal office who is not eliminated at a municipal
72 primary election shall file with the municipal clerk or recorder a campaign finance statement:
73 (A) no later than seven days before the date of the municipal general election; and
74 (B) no later than 30 days after the date of the municipal general election.
75 (ii) Each candidate for municipal office who is eliminated at a municipal primary
76 election shall file with the municipal clerk or recorder a campaign finance statement no later
77 than 30 days after the date of the municipal primary election.
78 (b) Each campaign finance statement under Subsection (2)(a) shall:
79 (i) except as provided in Subsection (2)(b)(ii):
80 (A) report all of the candidate's itemized and total:
81 (I) campaign contributions, including in-kind and other nonmonetary contributions, [as
82 of] received before the close of the reporting date; and
83 (II) campaign expenditures [as] made through the close of the reporting date; and
84 (B) identify:
85 (I) for each contribution that exceeds the reporting limit, the amount of the contribution

86 and the name of the donor;
87 (II) the aggregate total of all contributions that individually do not exceed the reporting
88 limit; and
89 (III) for each campaign expenditure, the amount of the expenditure and the name of the
90 recipient of the expenditure; or
91 (ii) report the total amount of all campaign contributions and expenditures if the
92 candidate receives $500 or less in campaign contributions and spends $500 or less on the
93 candidate's campaign.
94 (3) (a) A municipality may, by ordinance:
95 (i) provide a reporting limit lower than $50;
96 (ii) require greater disclosure of campaign contributions and expenditures than is
97 required in this section; and
98 (iii) impose additional penalties on candidates who fail to comply with the applicable
99 requirements beyond those imposed by this section.
100 (b) A candidate for municipal office is subject to the provisions of this section and not
101 the provisions of an ordinance adopted by the municipality under Subsection (3)(a) if:
102 (i) the municipal ordinance establishes requirements or penalties that differ from those
103 established in this section; and
104 (ii) the municipal clerk or recorder fails to notify the candidate of the provisions of the
105 ordinance as required in Subsection (4).
106 (4) Each municipal clerk or recorder shall, at the time the candidate for municipal
107 office files a declaration of candidacy, and again 14 days before each municipal general
108 election, notify the candidate in writing of:
109 (a) the provisions of statute or municipal ordinance governing the disclosure of
110 campaign contributions and expenditures;
111 (b) the dates when the candidate's campaign finance statement is required to be filed;
112 and
113 (c) the penalties that apply for failure to file a timely campaign finance statement,

114 including the statutory provision that requires removal of the candidate's name from the ballot
115 for failure to file the required campaign finance statement when required.
116 (5) Notwithstanding any provision of Title 63, Chapter 2, Government Records Access
117 and Management Act, the municipal clerk or recorder shall make each campaign finance
118 statement filed by a candidate available for public inspection and copying no later than one
119 business day after the statement is filed.
120 (6) (a) If a candidate fails to file a campaign finance statement before the municipal
121 general election by the deadline specified in Subsection (2)(a)(i)(A), the municipal clerk or
122 recorder shall inform the appropriate election official who:
123 (i) shall:
124 (A) if practicable, remove the candidate's name from the ballot by blacking out the
125 candidate's name before the ballots are delivered to voters; or
126 (B) if removing the candidate's name from the ballot is not practicable, inform the
127 voters by any practicable method that the candidate has been disqualified and that votes cast for
128 the candidate will not be counted; and
129 (ii) may not count any votes for that candidate.
130 (b) Notwithstanding Subsection (6)(a), a candidate who files a campaign finance
131 statement seven days before a municipal general election is not disqualified if:
132 (i) the statement details accurately and completely the information required under
133 Subsection (2)(b), except for inadvertent omissions or insignificant errors or inaccuracies; and
134 (ii) the omissions, errors, or inaccuracies are corrected in an amended report or in the
135 next scheduled report.
136 (7) A campaign finance statement required under this section is considered filed if it is
137 received in the municipal clerk or recorder's office by 5 p.m. on the date that is it due.
138 (8) (a) A private party in interest may bring a civil action in district court to enforce the
139 provisions of this section or an ordinance adopted under this section.
140 (b) In a civil action under Subsection (8)(a), the court may award costs and attorney's
141 fees to the prevailing party.

142 Section 3. Section 20A-1-102 is amended to read:
143 20A-1-102. Definitions.
144 As used in this title:
145 (1) "Active voter" means a registered voter who has not been classified as an inactive
146 voter by the county clerk.
147 (2) "Automatic tabulating equipment" means apparatus that automatically examines
148 and counts votes recorded on paper ballots or ballot sheets and tabulates the results.
149 (3) "Ballot" means the storage medium, whether paper, mechanical, or electronic, upon
150 which a voter records his votes and includes ballot sheets, paper ballots, electronic ballots, and
151 secrecy envelopes.
152 (4) "Ballot sheet":
153 (a) means a ballot that:
154 (i) consists of paper or a card where the voter's votes are marked or recorded; and
155 (ii) can be counted using automatic tabulating equipment; and
156 (b) includes punch card ballots, and other ballots that are machine-countable.
157 (5) "Ballot label" means the cards, papers, booklet, pages, or other materials that
158 contain the names of offices and candidates and statements of ballot propositions to be voted
159 on and which are used in conjunction with ballot sheets that do not display that information.
160 (6) "Ballot proposition" means opinion questions specifically authorized by the
161 Legislature, constitutional amendments, initiatives, referenda, and judicial retention questions
162 that are submitted to the voters for their approval or rejection.
163 (7) "Board of canvassers" means the entities established by Sections 20A-4-301 and
164 20A-4-306 to canvass election returns.
165 (8) "Bond election" means an election held for the purpose of approving or rejecting
166 the proposed issuance of bonds by a government entity.
167 (9) "Book voter registration form" means voter registration forms contained in a bound
168 book that are used by election officers and registration agents to register persons to vote.
169 (10) "By-mail voter registration form" means a voter registration form designed to be

170 completed by the voter and mailed to the election officer.
171 (11) "Canvass" means the review of election returns and the official declaration of
172 election results by the board of canvassers.
173 (12) "Canvassing judge" means a poll worker designated to assist in counting ballots at
174 the canvass.
175 (13) "Convention" means the political party convention at which party officers and
176 delegates are selected.
177 (14) "Counting center" means one or more locations selected by the election officer in
178 charge of the election for the automatic counting of ballots.
179 (15) "Counting judge" means a poll worker designated to count the ballots during
180 election day.
181 (16) "Counting poll watcher" means a person selected as provided in Section
182 20A-3-201 to witness the counting of ballots.
183 (17) "Counting room" means a suitable and convenient private place or room,
184 immediately adjoining the place where the election is being held, for use by the counting
185 judges to count ballots during election day.
186 (18) "County executive" has the meaning as provided in Subsection 68-3-12 (2).
187 (19) "County legislative body" has the meaning as provided in Subsection 68-3-12 (2).
188 (20) "County officers" means those county officers that are required by law to be
189 elected.
190 (21) "Election" means a regular general election, a municipal general election, a
191 statewide special election, a local special election, a regular primary election, a municipal
192 primary election, and a special district election.
193 (22) "Election Assistance Commission" means the commission established by Public
194 Law 107-252, the Help America Vote Act of 2002.
195 (23) "Election cycle" means the period beginning on the first day persons are eligible to
196 file declarations of candidacy and ending when the canvass is completed.
197 (24) "Election judge" means each canvassing judge, counting judge, and receiving

198 judge.
199 (25) "Election officer" means:
200 (a) the lieutenant governor, for all statewide ballots;
201 (b) the county clerk or clerks for all county ballots and for certain ballots and elections
202 as provided in Section 20A-5-400.5 ;
203 (c) the municipal clerk for all municipal ballots and for certain ballots and elections as
204 provided in Section 20A-5-400.5 ;
205 (d) the special district clerk or chief executive officer for certain ballots and elections
206 as provided in Section 20A-5-400.5 ; and
207 (e) the business administrator or superintendent of a school district for certain ballots
208 or elections as provided in Section 20A-5-400.5 .
209 (26) "Election official" means any election officer, election judge, poll worker, or
210 satellite registrar.
211 (27) "Election results" means, for bond elections, the count of those votes cast for and
212 against the bond proposition plus any or all of the election returns that the board of canvassers
213 may request.
214 (28) "Election returns" includes the pollbook, all affidavits of registration, the military
215 and overseas absentee voter registration and voting certificates, one of the tally sheets, any
216 unprocessed absentee ballots, all counted ballots, all excess ballots, all unused ballots, all
217 spoiled ballots, the ballot disposition form, and the total votes cast form.
218 (29) "Electronic ballot" means a ballot that is recorded using a direct electronic voting
219 device or other voting device that records and stores ballot information by electronic means.
220 (30) (a) "Electronic voting [system"] device" means a [system in which a voting device
221 is used in conjunction with ballots so that votes recorded by the voter are counted and tabulated
222 by automatic tabulating equipment.] voting device that uses electronic ballots.
223 (b) "Electronic voting device" includes a direct recording electronic voting device.
224 (31) "Inactive voter" means a registered voter who has been sent the notice required by
225 Section 20A-2-306 and who has failed to respond to that notice.

226 (32) "Inspecting poll watcher" means a person selected as provided in this title to
227 witness the receipt and safe deposit of voted and counted ballots.
228 (33) "Judicial office" means the office filled by any judicial officer.
229 (34) "Judicial officer" means any justice or judge of a court of record or any county
230 court judge.
231 (35) "Local election" means a regular municipal election, a local special election, a
232 special district election, and a bond election.
233 (36) "Local political subdivision" means a county, a municipality, a special district, or
234 a local school district.
235 (37) "Local special election" means a special election called by the governing body of a
236 local political subdivision in which all registered voters of the local political subdivision may
237 vote.
238 (38) "Municipal executive" means:
239 (a) the city council or town council in the traditional management arrangement
240 established by Title 10, Chapter 3, Part 1, Governing Body;
241 (b) the mayor in the council-mayor optional form of government defined in Section
242 10-3-101 ; and
243 (c) the manager in the council-manager optional form of government defined in
244 Section 10-3-101 .
245 (39) "Municipal general election" means the election held in municipalities and special
246 districts on the first Tuesday after the first Monday in November of each odd-numbered year
247 for the purposes established in Section 20A-1-202 .
248 (40) "Municipal legislative body" means:
249 (a) the city council or town council in the traditional management arrangement
250 established by Title 10, Chapter 3, Part 1, Governing Body;
251 (b) the municipal council in the council-mayor optional form of government defined in
252 Section 10-3-101 ; and
253 (c) the municipal council in the council-manager optional form of government defined

254 in Section 10-3-101 .
255 (41) "Municipal officers" means those municipal officers that are required by law to be
256 elected.
257 (42) "Municipal primary election" means an election held to nominate candidates for
258 municipal office.
259 (43) "Official ballot" means the ballots distributed by the election officer to the poll
260 workers to be given to voters to record their votes.
261 (44) "Official endorsement" means:
262 (a) the information on the ballot that identifies:
263 (i) the ballot as an official ballot;
264 (ii) the date of the election; and
265 (iii) the facsimile signature of the election officer; and
266 (b) the information on the ballot stub that identifies:
267 (i) the poll worker's initials; and
268 (ii) the ballot number.
269 (45) "Official register" means the official record furnished to election officials by the
270 election officer that contains the information required by Section 20A-5-401 .
271 (46) "Paper ballot" means a paper that contains:
272 (a) the names of offices and candidates and statements of ballot propositions to be
273 voted on; and
274 (b) spaces for the voter to record his vote for each office and for or against each ballot
275 proposition.
276 (47) "Political party" means an organization of registered voters that has qualified to
277 participate in an election by meeting the requirements of Title 20A, Chapter 8, Political Party
278 Formation and Procedures.
279 (48) (a) "Poll worker" means a person assigned by an election official to assist with an
280 election, voting, or counting votes.
281 (b) "Poll worker" includes election judges.

282 (c) "Poll worker" does not include a watcher.
283 (49) "Pollbook" means a record of the names of voters in the order that they appear to
284 cast votes.
285 (50) "Polling place" means the building where voting is conducted.
286 (51) "Position" means a square, circle, rectangle, or other geometric shape on a ballot
287 in which the voter marks his choice.
288 (52) "Provisional ballot" means a ballot voted provisionally by a person:
289 (a) whose name is not listed on the official register at the polling place;
290 (b) whose legal right to vote is challenged as provided in this title; or
291 (c) whose identity was not sufficiently established by an election judge.
292 (53) "Provisional ballot envelope" means an envelope printed in the form required by
293 Section 20A-6-105 that is used to identify provisional ballots and to provide information to
294 verify a person's legal right to vote.
295 (54) "Primary convention" means the political party conventions at which nominees for
296 the regular primary election are selected.
297 (55) "Protective counter" means a separate counter, which cannot be reset, that is built
298 into a voting machine and records the total number of movements of the operating lever.
299 (56) "Qualify" or "qualified" means to take the oath of office and begin performing the
300 duties of the position for which the person was elected.
301 (57) "Receiving judge" means the poll worker that checks the voter's name in the
302 official register, provides the voter with a ballot, and removes the ballot stub from the ballot
303 after the voter has voted.
304 (58) "Registration days" means the days designated in Section 20A-2-203 when a voter
305 may register to vote with a satellite registrar.
306 (59) "Registration form" means a book voter registration form and a by-mail voter
307 registration form.
308 (60) "Regular ballot" means a ballot that is not a provisional ballot.
309 (61) "Regular general election" means the election held throughout the state on the first

310 Tuesday after the first Monday in November of each even-numbered year for the purposes
311 established in Section 20A-1-201 .
312 (62) "Regular primary election" means the election on the fourth Tuesday of June of
313 each even-numbered year, at which candidates of political parties and nonpolitical groups are
314 voted for nomination.
315 (63) "Resident" means a person who resides within a specific voting precinct in Utah.
316 (64) "Sample ballot" means a mock ballot similar in form to the official ballot printed
317 and distributed as provided in Section 20A-5-405 .
318 (65) "Satellite registrar" means a person appointed under Section 20A-5-201 to register
319 voters and perform other duties.
320 (66) "Scratch vote" means to mark or punch the straight party ticket and then mark or
321 punch the ballot for one or more candidates who are members of different political parties.
322 (67) "Secrecy envelope" means the envelope given to a voter along with the ballot into
323 which the voter places the ballot after he has voted it in order to preserve the secrecy of the
324 voter's vote.
325 (68) "Special district" means those local government entities created under the
326 authority of Title 17A.
327 (69) "Special district officers" means those special district officers that are required by
328 law to be elected.
329 (70) "Special election" means an election held as authorized by Section 20A-1-204 .
330 (71) "Spoiled ballot" means each ballot that:
331 (a) is spoiled by the voter;
332 (b) is unable to be voted because it was spoiled by the printer or a poll worker; or
333 (c) lacks the official endorsement.
334 (72) "Statewide special election" means a special election called by the governor or the
335 Legislature in which all registered voters in Utah may vote.
336 (73) "Stub" means the detachable part of each ballot.
337 (74) "Substitute ballots" means replacement ballots provided by an election officer to

338 the poll workers when the official ballots are lost or stolen.
339 (75) "Ticket" means each list of candidates for each political party or for each group of
340 petitioners.
341 (76) "Transfer case" means the sealed box used to transport voted ballots to the
342 counting center.
343 (77) "Vacancy" means the absence of a person to serve in any position created by
344 statute, whether that absence occurs because of death, disability, disqualification, resignation,
345 or other cause.
346 (78) "Valid voter identification" means:
347 (a) a form of identification that bears the name and photograph of the voter which may
348 include:
349 (i) a currently valid Utah driver license;
350 (ii) a currently valid identification card that is issued by:
351 (A) the state;
352 (B) a local government within the state; or
353 (C) a branch, department, or agency of the United States;
354 (iii) an identification card that is issued by an employer for an employee;
355 (iv) a currently valid identification card that is issued by a college, university, technical
356 school, or professional school that is located within the state;
357 (v) a currently valid Utah permit to carry a concealed weapon;
358 (vi) a currently valid United States passport; or
359 (vii) a valid tribal identification card; or
360 (b) two forms of identification that bear the name of the voter and provide evidence
361 that the voter resides in the voting precinct, which may include:
362 (i) a voter identification card;
363 (ii) a current utility bill or a legible copy thereof;
364 (iii) a bank or other financial account statement, or a legible copy thereof;
365 (iv) a certified birth certificate;

366 (v) a valid Social Security card;
367 (vi) a check issued by the state or the federal government or a legible copy thereof;
368 (vii) a paycheck from the voter's employer, or a legible copy thereof;
369 (viii) a currently valid Utah hunting or fishing license;
370 (ix) a currently valid United States military identification card;
371 (x) certified naturalization documentation;
372 (xi) a currently valid license issued by an authorized agency of the United States;
373 (xii) a certified copy of court records showing the voter's adoption or name change;
374 (xiii) a Bureau of Indian Affairs card;
375 (xiv) a tribal treaty card;
376 (xv) a valid Medicaid card, Medicare card, or Electronic Benefits Transfer Card; or
377 (xvi) a form of identification listed in Subsection [(76)] (78)(a) that does not contain a
378 photograph, but establishes the name of the voter and provides evidence that the voter resides
379 in the voting precinct.
380 (79) "Valid write-in candidate" means a candidate who has qualified as a write-in
381 candidate by following the procedures and requirements of this title.
382 (80) "Voter" means a person who meets the requirements for voting in an election,
383 meets the requirements of election registration, is registered to vote, and is listed in the official
384 register book.
385 (81) "Voter registration deadline" means the registration deadline provided in Section
386